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 CODE OF PUBLIC INSTRUCTION 
 
 Revising and Harmonizing Conflicting 
 School Laws 
 
 LETTER OF TRANSMITTAL 
 
 To the New Mexico Educational Association: 
 
 We, your committee, appointed by the president of the Associa- 
 tion under a resolution passed at the 1913 meeting at Albuquerque, 
 submit herewith a code of public instruction revising and harmonizing 
 all present school laws. No new legislation has been introduced and 
 only such laws have been embodied as affect school districts, city and 
 rural, and state and countj'^ administration. It is hoped that the laws 
 affecting the state educational institutions may be revised, harmon- 
 ized, and condensed, and later incorporated with this code. Several 
 hundred copies have been printed and it is recommended that there be 
 a careful study of the proposed code and notice of omissions given 
 to the committee. It is the purpose of the committee to submit to 
 the legislature, also, together with this code, a bill of amendments for 
 the consideration of and adoption by that body. We desire the co- 
 operation of all members of the Association in calling our attention 
 to new legislation which should be introduced. 
 
 The preparation of the revision herewith submitted has been done 
 by Rupert F. Asplund, Chief Clerk of the State Department of Edu- 
 cation under the direction of your committee. 
 Respectfully submitted, 
 
 J. B. TAYLOR, Deming, Chairman; 
 Committee: JOS. S. HOFER, Tucumcari, 
 L. C. MERSFELDER, Clovis. 
 
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 REVISING AND HARMONIZING CONFLICTING 
 SCHOOL LAWS 
 
 I. A SYSTEM OP PUBLIC SCHOOLS. 
 
 (Cons. 12, Sec. 1.) 
 Section 1. A system of public schools, having been established, 
 shall be maintained by the State of New Mexico, open to all the child- 
 ren of school age in the State. 
 
 II. STATE3 BOARD OP EDUCATION. 
 
 (Const. Art. 12, Sec. 6; L. 1912, Ch. 37; L. 1907, Ch. 97, Sees. 1, 2, 15; 
 
 L. 1912, Ch. 41; L. 1912, Ch. 52; L. 1913, Ch. 77.) 
 
 Section 1. COMPOSITION AND TERMS OF OFFICE. — There 
 shall be a State Board of Education which shall consist of seven mem- 
 bers, consisting of the Governor, ex-officio, the State Superintendent 
 of Public Instruction, ex-officio, and five members who shall be ap- 
 pointed by the Governor by and with the consent of the Senate. The 
 five appointed members shall include the head of some state educa- 
 tional institution, a county superintendent of schools, and one other 
 person actually connected with educational work. The term of office 
 of said appointed members shall be four years, and until their suc- 
 cessors qualify; Provided that the members now serving may com- 
 plete the te;.rms for which they were appointed. 
 
 Sec. 2. ORGANIZATION, MEETING, AND COMPENSATION. — 
 The State Board of Education shall meet at the office of the State 
 Superintendent of Public Instruction four times a year, at such times 
 as it may elect, and at such other times upon the call of the Governor 
 or a majority of its members, as the public business may require. The 
 Governor shall be president of said board, but in his absence the board 
 may elect a presiding officer pro tempore. The State Superintendent 
 of Public Instruction shall be secretary of the State Board of 
 Education and shall keep faithful and correct records of its pro- 
 ceedings, which records shall be kept open at all times for inspection. 
 A copy of said record, certified bj^ the secretary of the board shall in 
 all cases be received as evidence in the courts of, or elsewhere in. New 
 Mexico. The members of the board of education shall receive ten 
 (10c) cents per mile for attending each meeting of the said board, 
 counting one way from their place of residence to its place of meeting, 
 and two and one-half ($2.50) dollars a day for each session thereof. 
 This mileage and per diem shall be paid to the members of said board 
 by tho, State Treasurer upon the order of the State Auditor from such 
 funds as may be provided by law. 
 
 Sec. 3. POWERS AND DUTIES. — The State Board of Education 
 shall have the control, management, and direction of all public 
 schools. It shall have power and it shall be its duty to grant, renew 
 
and revoke teachers' certificates; to adopt a series of text books, in- 
 cluding a historj- and civics of New Mexico and to prescribe a uniform 
 course of study for the various public schools of the State; to pre- 
 scribe and adopt a course of study in Industrial Education, including- 
 domestic science, manual training and agriculture, and make all neces- 
 sary rules for its teaching in the public schools; to exercise a general 
 control over teachers' institutes including the certification of all con- 
 ductors and instructors and the issuance of a course of study for such 
 institutes; to adopt a standard of efficiency for business colleges and 
 commercial departments of other schools, to issue certificates of rec- 
 ognition to such schools as meet the required standard; to issue per- 
 mits granting correspondence schools, business colleges and commer- 
 cial departments of other schools which meet the requirements, and 
 their agents or representatives, the right to canvass prospective stu- 
 dents in the State and sell scholarships and receive tuition in advance; 
 and to perform such other duties pertaining to matters of education 
 as may be provided by law. 
 
 Ill, STATE SUPERINTENDENT OF PlTiLIC INSTRUCTION. 
 
 (Const. Art. 5; L. 1907, Ch. 97, Sec. 10, 11, 13.) 
 .Section 1. ELECTION, QUALIFICATIONS, SALARY. — A state 
 superintendent of public instruction shall be elected for a term of four 
 years at the same time as other elected state officers, who shall be a 
 citizen of the United States, at least thirty years of age, a resident of 
 New Mexico at least five years, and a trained experienced educator. 
 His salary shall be $3,000 per annum, to be paid as prescribed by law 
 for the payment of state officers. Before entering upon the duties of 
 his office, said superintendent shall take and subscribe to the oath or 
 affirmation as provided by law, which oath or affirmation shall be 
 filed in the office of the Secretary of State. Said superintendent shll 
 be eligible to succeed himself. 
 
 Sec. 2. — POWERS AND DUTIES. — Sub. Sec. 1. General. — The Su- 
 perintendent of Public Instruction shall have general supervision of 
 public education, and it shall be his duty to visit the State institu- 
 tion at least once in each year. He shall have supervision over rural 
 schools, acting through the county superintendents who shall be re- 
 sponsible to the Superintendent of Public Instruction for faithful per- 
 formance of their duty. He shall have such general supervision over 
 cit5', town, and village schools as shall be necessary in harmonizing 
 and systenriatizing reports, and in securing uniform operation of the 
 public school system. He is hereby vested with general supervision 
 over the official records and accounts of any school district, independ- 
 ent district, or those of any incorporated city, town or A'illage, anrl 
 may require correction thereof, when necessary, personally, or he may 
 delegate this power to the County Superintendent. He may suspend 
 the County 'Superintendent and institute, or cause to be instituted, pro- 
 ceedings in a court of competent jurisdiction for the purpose of bring- 
 ing about the removal of said County Superintendent in the manner 
 prescribed by law, when he shall be satisfied from sufficient evidence 
 submitted to him that said Countj^ Superintendent does not possess the 
 qualifications required or perform his duties as prescribed by the 
 State Board of Education. 
 
Sub. Sec. 2. Legal Opinion. — The Superintendent of Public In- 
 struction shall, at the request of any county school superintendent or 
 other school officer, g-ive his opinion upon a written statement of the 
 facts on any question or controversy arising out of the interpretation 
 and construction of school laws and shall keep a record of all such 
 decisions. Upon giving any such opinion the Superintendent may sub- 
 mit the statement of facts to the Attorney General for his advice 
 thereon. It shall be the duty of the Attorney General forthwith, to 
 examine such satement and suggest the proper decision to be made 
 upon such facts. 
 
 Sub. Sec. 3. Visit Rural Schools, Traveling Expenses. — It shall be 
 the duty of the State Superintendent of Public Intsruction to visit 
 each county, as often as consistent with the discharge of his other 
 duties, for the purpose of holding teachers' meetings, advising with 
 county superintendents and school directors, and awakening an inter- 
 est in the cause of education throughout the State. To this end 
 such annual appropriation shall be made for traveling expenses, pay- 
 able on presentation of certified vouchers and warrants drawn by the 
 Auditor upon the State Treasurer. Such traveling expenses may 
 be incurred by the assistant superintendent when acting under the 
 direction of the Superintendent of Public Instruction. Said Superin- 
 tendent shall file and carefully preserve in his office the official re- 
 ports made to him by the county superitnendents of the several coun- 
 ties, heads of the State educational institutions, and by trustees and 
 directors of all schools of whatever nature within the State. 
 
 Sub. Sec. 4. Blanks, School Law. — Said Superitnendent shall pre- 
 scribe and cause to be prepared in English and Spanish all forms and 
 blanks necessary in carrying out the details of the common school 
 system, so as to secure its uniform operation throughout the State, 
 and cause the same to be forwarded to the several county superintend- 
 ents to be by them distributed to the several persons entitled to receive 
 the same. He shall cause to be published, as needed, as inany copies 
 of the school laws in force, with such forms, decisions, annotations, 
 regulations, and instructions as he may judge expedient thereto an- 
 nexed, and shall cause the same to be forwarded to the county super- 
 intendent of public instruction. 
 
 Sub. Sec. 5. Location of Office, Official Acts. — The office of the 
 Superintendent of Public Instruction shall be at the seat of govern- 
 ment where shall be kept all books and papers pertaining to the busi- 
 ness of his office, and copies of all papers filed. His official acts shall 
 be certified by him, and when so certified to shall be received in the 
 courts of, or elsewhere in. New Mexico, as evidence equally and in like 
 manner as the original papers, and he shall deliver to his successor 
 within ten days after the expiration of his term, all books, papers, 
 documents, and other property belonging to his office. 
 
 Sub. Sec. 6. Assistant Superintendent, Salary. — The Superintend- 
 ent of Public Instruction is hereby empowered to appoint an assistant 
 superintendent of public instruction, who shall be thoroughly con- 
 versant with the Spanish and English languages and to revoke such 
 appointment at his discretion, and such assistant shall take the oath 
 of office as provided by law, which, with his appointment, shall be filed 
 
 — 5 - 
 
"With the Secretary of the State. Said assistant shall receive a salary 
 of $2,000 per annum. 
 
 IV. COUNTY SUPEIRINTENDENT OF SCHOOIiS. 
 
 (L. 1907, Ch. 97, Sees. 18, 19, 20; L. 1903, Ch. 119, Sees. 11, 12, 15.) 
 
 Section 1. ELECTION, TERM. — A county superintendent of 
 schools for each county shall be elected at each general election for 
 county officers, and shall enter upon the duties of his office on the first 
 of January following his election. Said county superintendent shall 
 hold office for four years, or until his successor shall have been duly 
 elected and has qualified, unless sooner removed for cause. 
 
 Sec. 2. OATH AND BOND. — Each county superintendent, before 
 entering upon the discharge of the duties of his office, shall take and 
 subscribe to the oath or affirmation as provided by law, which oath or 
 affirmation shall be filed in the office of the county clerk. Within 
 thirty days after receiving his certificate of election or appointment as 
 herein provided, he shall give a bond in the sum of two thousand 
 ($2,000.00) dollars to be approved by and filed with the board of 
 county commissioners of his county. 
 
 Sec. 3. POWERS AND DUTIES. — Subject to the supervision and 
 direction of the Superintendent of Public Instruction, the county su- 
 perintendent of schools shall have jurisdiction over all public schools 
 within his county, except those in cities, and such schools, including 
 city schools, shall, make such reports to the county superintendent and 
 to the Superintendent of Public Instruction as may be required by the 
 State Board of Education. Each county superintendent shall 
 visit each school within his county * as often as the State Board 
 of Education may prescribe. He shall supervise the methods of in- 
 ■ struction employed in the various schools; consult with the school 
 directors concerning the improvement of their schools and the keeping 
 of their accounts; enforce compliance with the school laws; organize, 
 disorganize, or change the boundaries of any school district, as herein- 
 after provided in this act; hold teachers' meetings for the advancement 
 of the school interests of his county, and perform such other duties as 
 are now provided by law for county superintendents and such as the 
 State Board of Education may prescribe. 
 
 Sec. 4. APPORTIONMENT OF SCHOOL FUNDS. — He shall also 
 on the third Monday in January, April, July and October of each year, 
 ■or as soon thereafter as he shall receive the certificate of the State 
 Superintendent of Public Instruction signifying the amount apportioned 
 to each county for the use of the common schools of the current year, 
 apportion such amount, together with the county school fund for the 
 same purpose, to the several districts within his county, in proportion 
 to the number of school children residing in each over five and under 
 twenty-one years of age, as the same shall appear from the last annual 
 reports of the clerks of the respective school districts, and he shall 
 immediately certify such apportionment to the directors of the re- 
 spective school districts, and to the county treasurer of his county, 
 who shall credit the several school districts on his books with the re- 
 spective sums apportioned to them: Provided, That the county school 
 superintendent is hereby authorized to leave in the county school fund 
 a sufficient amount to meet such warrants as may be legally drawn 
 
 — 6 — 
 
against this fund as elsewhere provided by law. In making said ap- 
 portionment he shall specify the number of the district, the number 
 of children of school age in each district and the amount of money 
 apportioned thereto, and a copy of this apportionment report shall be 
 filed within ten days thereafter in the office of the probate clerk of 
 the county, and he shall also supply a duplicate copy thereof to any 
 newspaper printed within the county which will give publicity to the 
 same free of charge as a matter of general information. 
 
 Sec. 5. COUNTY SUPERINTENDENT. WHEN TO BE AT 
 COUNTY SEAT. TO EXAMINE BOOKS OF DIRECTORS. — The 
 county superintendent is hereby required to be in attendance at the 
 county seat on the first Saturday in the months of August, September, 
 October, and November for the transaction of official business. He is 
 empowered to examine from time to time the records and account 
 books of district directors outside of incorporated cities and towns, 
 and see to it that the same are properly kept, and it is hereby made 
 obligatory upon all such directors to meet at their accustomed place 
 within the district at least once every thirty days during the school 
 term for the transaction of public business. 
 
 Sec. 6. COUNTY SUPERINTENDENT MAY REJECT WAR- 
 RANTS ILLEGALLY ISSUED BY SCHOOL DIRECTORS. — The 
 county superintendent shall investigate the legality of all accounts as 
 to whether the same have been legally incurred and allowed before 
 the fixing of his signature thereto, and he may reject any warrant 
 issued by district school directors 'whenever he may deem such war- 
 rant to have been illegally issued. 
 
 V. OITY DISTRICTS. 
 
 (C. L. 1897, Sees. 1561-1583; L. 1903, Ch. 119, Sec. 16; L. 1901, Ch. 27, 
 . Section 1. SCHOOLS IN MUNCIPALITIES FREE; EXEMP- 
 TIONS. — In each incorporated city, town or village there shall be es- 
 tablished and maintained a system of free common schools, which 
 shall be kept open no less than five nor more than ten months in any 
 one year, and shall be free to all children residing in such city, town 
 or village, between the ages of five and twenty-one years. But the 
 board of education may, when school room accommodations are in- 
 sufficient, exclude for the time being children between the ages of 
 five and seven years. 
 
 Sec. 2. WHEN ADJACENT TERRITORY MAY BE ATTACHED 
 TO MUNICIPALITY, FOR SCHOOL PURPOSES. — Territory outside 
 the city, town or village limits, but adjacent thereto, may be attached 
 to such city, town or village for school purposes, upon application to 
 the board of education of such city, town or village by a majority of 
 the electors of such adjacent territory, and upon such application be- 
 ing made to the board of education they shall, if they deem it proper 
 and to the best interests of the school of said city, town or village 
 and the territory seeking to be attached, issue an order attaching such 
 territory to such city, town or village for school purposes and to enter 
 the same upon their journal, and such territory shall, from the date 
 of such order be, and compose a part of such city, town or village for 
 school purposes only, and the taxable property of such adjacent terri- 
 tory shall be subject to taxation, and shall bear its full proportion of 
 
 — 7 — 
 
^11 expenses incurred in the erection of school buildings and in main- 
 taining- the schools of such city, town or village. 
 
 Sec. 3; L. 1912, Ch. 43; L. 1913, Ch. 47.) 
 
 Section 3. Hereafter there shall be elected, in each incorporated 
 city, town, or village, a board of education which shall consist of five 
 members who shall be elected at large from any portion of the Terri- 
 tory subject to the jurisdiction of such board of education. Provided 
 that no member may hold the office of mayor or member of council or 
 trustee of such municipality. 
 
 Sec. 4. ELECTION. — The qualified electors of such city, town, or 
 village, and those residing within any portion of the territory subject 
 to the jurisdiction of said board of education shall, on the first Tues- 
 day of April in the year 1913, elect five members of the board of edu- 
 cation, two of whom shall hold office for a term of two years and 
 three of whom shall hold office for a term of four years, and there- 
 after a regular election for members succeeding those whose terms ex- 
 pire, shall be held on the first Tuesday of April of each odd numbered 
 year. Provided, That in towns incorporated under special acts, said 
 election shall be held on the second Tuesday of April of each odd 
 numbered year. Provided further, that the terms of all members of 
 boards of education or school directors in such cities, towns and vil- 
 lages, now in office, shall terminate on the first Monday of May, nine- 
 teen hundred and thirteen. 
 
 Sec. 5. MANNER OF HOLDING ELECTION AND CANVASSING 
 RETURNS — REGISTRATION. — The election herein provided for shall 
 be held, the returns thereof made and canvassed, and the certificates of 
 election issued in accordance with the laws applicable to elections of 
 officers of the respective incorporated cities, town, and villages where- 
 in said boards of education are hereby established, except that no 
 registration shall be required. 
 
 Sec. 6. SCOPE OF AUTHORITY OF BOARD. — That the board of 
 education hereby established shall have sole control over schools and 
 school property within the said incorporated city, town, or village, the 
 territory thereto attached for school purposes, and the school district 
 of which said city, town or village, before incorporation, was a part, 
 all of which shall constitute the territory subject to the jurisdiction of 
 such board of education for school purposes only, to the same extent 
 as the territory located within the limits of such incorporated city, 
 town or village, except as otherwise provided in this act. 
 
 Sec. 7. OFFICIAL OATHS AND FILING OF. — Each member of 
 the board of education and officer provided for in this act shall take 
 and subscribe an oath or affirmation to support the Constitution of 
 the United States and the laws of New Mexico, and faithfully perform 
 the duties of his office. The oath and bond of the clerk shall be filed 
 with the treasurer, and all other oaths and bonds shall be filed with 
 the clerk. 
 
 Sec. 8. SCHOOL BOARDS TO BE BODIES CORPORATE. — The 
 public schools of each city, town or village shall be a body corporate, 
 and shall possess the usual powers of a corporation for public pur- 
 poses, by the name and style of the Board of Education of the City, 
 
 Town or Village of , of the State of New Mexico, and in that 
 
 name may sue or be sued, and be capa,ble of contracting and being 
 
contracted with, of holding and conveying- such real and personal 
 estate as it may come into possession of by will or otherwise, or as is 
 authorized to be purchased by the provisions of this act. 
 
 Sec. 9. VACANCIES; HOW FILLED. — The board of education 
 shall have power to fill any vacancy which may occur in their body, 
 but any member so appointed shall serve only until the next school 
 election when the vacancy shall be filled by the election of a member 
 to fulfill the unexpired term, and the ballots and return of elections 
 shall be designated as follows: To fill unexpired term. 
 
 Sec. 10. TO ELECT 0FPIC5:RS, AND ESTABLISH HIGH 
 SCHOOL, WHEN NECESSARY. — The board of education shall have 
 power to elect their own officers, except the treasurer; to make their 
 own rules and regulations, subject to the provisions of this act; to 
 organize and maintain a system of graded schools; to establish a high 
 school whenever in their opinion the educational interests of the city 
 demand the same, and to exercise the sole control over the schools 
 and school property of the city, town or village. 
 
 Sec. 11. WHEN OFFICERS SHALL BE ELECTED. — The board 
 of education at its regular meeting in May of each year, shall organize 
 by the election of a president and vice-president from among its own 
 members, each of whom shall serve for the term of one year, or until 
 their successors are elected and qualified; they shall also elect a clerk, 
 who shall hold his office during the pleasure of the board, and who 
 shall receive such compensation for his services as the board may- 
 allow. 
 
 Sec. 12.- TREASURER OF MUNICIPALITIES EX - OFFICIO 
 TREASURER OF BOARD OP EDUCATION. — The treasurer of the 
 city, town or village shall be ex-officio treasurer of the board of edu- 
 cation, and shall give such bond to the board of education as the board 
 may require, said bond to be approved by the board of education and 
 filed with its clerk. It shall be the duty of the treasurer to deposit 
 daily all money belonging to the board of educa,tion, in some responsi- 
 ble bank, to be designated by the board of education, in the name of 
 such treasurer as such officer, which bank shall pay interest on 
 monthly average balances as may be agreed upon by such bank and 
 the board of education, and before making such deposit the board of 
 education shall take from such bank a good and sufficient bond in a 
 sum to be designated by the board of education, conditioned that such 
 deposit shall be paid on the check or draft of said treasurer. The 
 treasurer shall attend all the meetings of the board when required to 
 do so; shall prepare and submit in writing a monthly report of the 
 ^nances of said board, and shall pay school moneys only upon a war- 
 rant signed by thee president, or, in his absence, by the vice-president, 
 and countersigned by the clerk. The treasurer shall receive from the- 
 board of education fifty dollarsper annum for his services as treas- 
 urer, and no more. 
 
 Sec. 13. NO MEMBER OF BOARD OF EDUCATION TO RE- 
 CEIVE PAY. — No member of the board of education shall receive any 
 pay or emolument for his services. 
 
 Sec. 14. DUTIES OF PRESIDENT OF BOARD OF EDUCATION. 
 —It shall be the duty of the president to preside at all meetings of 
 the board of education, to appoint all committees, whose appointment 
 
 — 9 — 
 
is not otherwise provided for, and to sign all warrants ordered by the 
 ooard of education to be drawn upon the treasurer for school moneys. 
 
 Sec. 15. DUTIES OF VICE-PRESIDENT OF BOARD OF EDU- 
 CATION. — ^It shall be the duty of the vice-president to perform all the 
 duties of the president, in case of his absence or disability. 
 
 Sec. 16. DUTIES OF CLERK OF BOARD OF EDUCATION. — It 
 shall be the duty of the clerk to be present at all meetings of the 
 board, to keep an accurate journal of its proceedings, to take charge 
 of its books and documents, to countersign all warrants for school 
 moneys drawn upon the treasurer by order of the board of education, 
 -and to perform such other duties as the board of education or its com- 
 mittees may require. 
 
 Sec. 17. CLERK SHALL GIVE BOND. — Before entering upon the 
 discharge of his duties, the clerk of the board of education shall give 
 bond in the sum of one thousand dollars, with good and sufficient sure- 
 ties, to be approved by the board, conditioned upon the faithful per- 
 formance of the duties of his office. 
 
 Sec. 18. REGULAR AND SPECIAL MEETINGS OF BOARD OF 
 EDUCATION. — The regular meetings of the board of education shall 
 ■be upon the first Monday of each month, but special meetings may be 
 held from time to time, as circumstances may demand. 
 
 Sec. 19. REPORTS OF BOARDS OF EDUCATION, PRINTING 
 AND DISTRIBUTION OF. — The board of education, at the close of 
 each school year, or as soon thereafter as practicable shall make an 
 tinnual report of the progress, prosperity and condition, financial as 
 well as educational, of all the schools under their charge; and said 
 report, or such portion of it as the board of education shall consider 
 of advantage to the public shall be printed either in a public news- 
 paper or in pamphlet form, and a copy furnished the county and the 
 State Superintendent. 
 
 Sec. 20. DISTRICT SUPERINTENDENTS. TERMS OF OFFICE. 
 DUTIES. — District superintendents in districts consisting of incor- 
 porated cities or towns shall be employed for a term of not to exceed 
 two years, and their duties other than now specified by law may be 
 ■defined by the board of directors of such incorporated city, town or 
 village. 
 
 Sec. 21. SPECIAL TEACHERS' INSTITUTES MAY BE HELD. — 
 In addition to the privileges, powers and duties of boards of education 
 hereto prescribed by law, the power is hereby granted to boards of 
 education for districts consisting of incorporated cities to employ a 
 city or district superintendent, who in conjunction with the board of 
 education, shall be authorized to hold special teachers' institutes for 
 the instruction of teachers. 
 
 Sec. 22. SCHOOL PROPERTY TO BE CONVEYED TO LOCAL 
 BOARD OF EDUCATION. — Any city, town or village is hereby au- 
 thorized and required, upon request of the .board of education of such 
 <;ity, town or village to convey to said board of education all property 
 within the limits of any such city, town or village heretofore pur- 
 <;hased by any such city or town for school purposes and now held 
 and used for such purposes, the title to which is vested in any such 
 •city, town or village. 
 
 — 10 — 
 
Sec. 23. HOW DEED SHALL, BE EXECUTED. — All conveyances 
 for the property mentioned in the preceding section shall be signed 
 by the mayor and attested by the clerk of said city, town or village,, 
 and shall have the seal of the city, town or village affixed thereto, and 
 be acknowledged by the mayor of such city, town or village in the 
 same manner as other conveyances of real estate. 
 
 Sec. 24. SCHOOL PROPERTY EXEMPT PROM TAXATION. — 
 All property held by the board of education for the use of public 
 schools shall be exempt from taxation, and shall not be taken in any 
 manner for any debt due from the city, town or village. 
 
 Sec. 25. EXPENDITURES; LIMITATIONS. — No expenditure in- 
 volving an amount greater than two hundred dollars shall be made, 
 except in accordance with the provisions of a written contract, and no 
 contract involving an expenditure of more than five hundred dollars, 
 for the purpose of erecting any public buildings or making any im- 
 provements, shall be made except upon sealed proposals, and to the 
 lowest responsible bidder. 
 
 Sec. 26. PROPERTY SUBJECT TO TAXATION. — The taxable 
 property of the whole city, town or village, including the territory at- 
 tached for school purposes, shall be subject to taxation. All taxes- 
 collected for the benefit of the schools shall be paid in money, and 
 shall be placed in the hands of the treasurer, subject to the order of 
 the board of education. 
 
 VI. RURAL DISTRICTS. 
 (C. L. 1897, Sec. 1527 (as amended by L. 1907, Ch. 99); C. L. 1S97, 
 
 Sees. 1529, 1530, 1532, 1533, 1535, 1545, 1547, 1552, 1553; L. 1903, 
 
 Sees; 11,. 12; L. 1907, Sees. 22, 23.) 
 
 Section 1. PRESENT SCHOOL DISTRICTS DECLARED LEGAL. 
 — Each of the school districts of the different counties as now consti- 
 tuted, is hereby declared to be a school district, until changed under 
 the provisions of this act, and there shall be established in each dis- 
 trict one or more schools in which shall be taught orthography, read- 
 ing, writing, arithmetic, grammar, geography, the English language, 
 the history and civics of the United States, history and civics of New 
 Mexico, and physiology. 
 
 Sec. 2. EACH SCHOOL DISTRICT A BODY CORPORATE.— 
 That each school district shal be a body corporate by the name and 
 
 style of School District Number , of the County of , and by 
 
 such name may contract and be contrated with, sue and be sued, in 
 any of the courts of this State having competent jurisdiction, and 
 every such district shall hold, in the corporate name of the district, 
 the title of lands and other property which may be required by said 
 district for school purposes. 
 
 Sec. 3. CREATION AND ALTERATION OF SCHOOL DIS- 
 TRICTS. — Whenever it is desired that a new school district shall be 
 formed, a petition and statement of facts signed by a majority of legal 
 electors residing within the proposed district shall be presented to the 
 county superintendent of schools. Said petition and statement shall 
 contain such description of the boundaries of said proposed district as 
 will be sufficient to definitely locate it; it shall also contain the names 
 and ages of all persons of school age who are actually residents of the 
 proposed district. 
 
 — n — 
 
Whenever a new district has been created, at the next regular ap- 
 portionment, the county superintendent shall apportion to it its share 
 -of the school fund as provided by law. Within fifteen days after the 
 creation of a new district, or the alteration of any district or districts, 
 the county superintendent shall notify the county clerk of such action, 
 giving the number of such new district and describing the boundaries 
 of new or changed districts. 
 
 No school district shall hereafter be created or divided unless there 
 be at least twenty-five (25) children of school age in the new district 
 and at least twenty-flve (25) children of school age remaining in the 
 district or each of the districts from which such district is taken; Pro- 
 vided however. That a board of school directors may maintain more 
 than one school in its district for the better accommodation of the 
 patrons of said district. 
 
 Upon the receipt of such petition and statement by the county su- 
 perintendent, he shall create such new district, shall assign to it a 
 number or other proper designation, appoint three persons as a board 
 of directors, who shall serve until the time of the next regular election 
 for directors, at which time a board shall be elected. Provided, That 
 the territory of a school district shall not be so reduced as to make its 
 bonded indebtedness exceed six (6%) per cent of its assessed valuation. 
 After paying all indebtedness of the old district that is chargeable 
 to the district school fund, if any balance remains the county super- 
 intendent shall divide the said balance between the old district and the 
 new in proportion to the number of children of school age in each. 
 All other resources such as school houses, proceeds of sale of bonds, 
 also all similar indebtedness shall be divided between the old district 
 and the new in proportion to the taxable property, according to the 
 assessed value in each. In making such adjustment, the superintend- 
 ent, in co-operation with the board of county commissioners, of the 
 county in which such districts are situated, is hereby authorized to use 
 such plans, or means, as will best subserve the mutual interests of the 
 two districts and their decisions shall be final, subject to the right of 
 appeal to the courts. 
 
 The county superintendent shall consolidate school districts on the 
 presentation of separate petitions signed by the majority of electors 
 residing in the respective districts affected; he shall also attach a ter- 
 ritory to a district by change of boundary lines on the presentation of 
 separate petitions signed by the majority of the electors residing in the 
 respective territories affected; which petitions shall be prepared and 
 submitted as hereinbefore described. 
 
 Whenever the number of persons of school age within a school dis- 
 trict has been reduced below 15 from causes over which the county 
 superintendent does not have control and these conditions seem likely 
 to remain permanent, said superintendent is empowered to disorganize 
 such district and attach the territory to the school district or districts 
 adjacent thereto. Provided, If said district at the time of disorganiza- 
 ion is liable for bond issue or interest thereon, the board of county 
 commissioners is hereby authorized and required to make levy and 
 order collections thereof on the property of said disorganized district 
 for the purpose of meeting the payment of said bonds and interest in 
 
 — 12 -^ 
 
-a manner as provided for such purpose in the case of a regular 
 school district. 
 
 Appeal may be made from the decision of the county superintend- 
 ent concerning the orgainzation, disorgainzation, or change of boun- 
 dary lines of a school district, to the board of county commissioners of 
 the county in which the school district is located, and the decision of 
 said board which shall be final. 
 
 Sec. 4. LOCATION OF SCHOOL DISTRICT — BOUNDARY 
 LINES. — The boundary lines and corners of all school districts shall be 
 accurately located by the county surveyor of each county at the re- 
 quest of the superintendent, who shall prepare a map showing the 
 districts. The expense of such proceedings shall be charged to the 
 county wherein the school district is situated and be allowed by the 
 board of county commissioners at the discretion of said board not to 
 exceed fifty ($50.00) dollars a school district. 
 
 Sec. 5. BONDS NOT TO BE ISSUED UNTIL BOUNDARIES OF 
 SCHOOL DISTRICTS HAVE BEEN ESTABLISHED. — No bonds of 
 any district shall be issued or any special tax levied until the boun- 
 daries of said district shall have been established and the property 
 marked by monuments or by natural objects as provided by law. The 
 boundaries of all school districts in this State, so far as possible, 
 shall coincide with the precinct boundaries, and said boundaries shall 
 be established by the proper authorities, and the corners thereof 
 marked by monuments or natural objects with the words. District 
 Number , in a permanent manner marked upon them, and an out- 
 lined map of the district made, showing the length and breadth 
 thereof, and the proposed location of the school house; a copy of said 
 map to be filed with the county superintendent. 
 
 Sec. 6. ASSESSOR TO MAKE ASSESSMENT OF DISTRICT AF- 
 TER BOUNDARIES ARE ESTABLISHED. — In any school district 
 where a special tax is in contemplation of being levied, or of bonds 
 being issued, and after the boundaries of the district have been prop- 
 erly determined and marked for that purpose, it shall be the duty of 
 the county assessor to visit said district and make an assessment of 
 all taxable property, both personal and real, within said school dis- 
 trict, as fully and completely as he is now required to make the assess- 
 ment of the county and he shall be governed by the same rules, es- 
 pecially including in such assessment all kinds of livestock which 
 graze wholly within the limit of such district. The county assessor 
 shall provide each board of district directors with a copy of such lists 
 of taxable property in the several districts. 
 
 Sec. 7. DISTRICT TO ACQUIRE REAL ESTATE. — It shall be 
 lawful for any district to take and hold in its corporate name, under 
 the provisions of this act, so much real estate as may be necessary for 
 the location and construction of a school house and convenient 
 schools: Provided, That the real estate so taken, otherwise than by 
 consent of the owner, shall not exceed one acre. The site so taken 
 must be situated on some public highway or thoroughfare. 
 
 Sec. 8. CONDEMNATION OF LAND. — If the owner of any such 
 real estate refuse or neglect to grant the necessary site on his premises, 
 then and in that case the directors may acquire title to so much of 
 ^aid land as is necessary for school purposes, in the manner now pro- 
 
 — 13 — 
 
vided by law for the condemnation of land for railroads or other 
 public purposes, and such lands so taken shall be deemed to be taken 
 for public use. 
 
 Sec. 9. ELECTION OF SCHOOL DIRECTORS. — On the second 
 Monday of March of each succeeding year the directors serving at that 
 time shall post notices of an election to be held by them on the first 
 Monday in April by the qualified voters for one school director or for 
 school directors, in case there is a vacancy or vacancies to be filled. 
 Only one director shall be voted for whose term shall be three years, 
 except that, when there is a vacancy or vacancies to be filled, directors^ 
 shall be voted for to fill such vacancy or vacancies for the unexpired 
 term or terms. Legal voters and women having the same 
 qualifications. residing in said district, shall be qualified 
 to vote at said election; the votes shall be by written 
 or printed ballots, and the election shall be held between the 
 hours of 8 a. m. and 5 p. m., on the first Monday of April, at the public 
 school house or some other convenient place to be specified in said 
 notice; the result of said election shall be certified by said directors to 
 the county superintendent, and the term of office of said directors 
 shall begin on the first Monday of May following their election. The 
 directors so elected shall take and file with the county superintendent, 
 before the first Monday of May, an oath that they will faithfully per- 
 form the duties of their office; said oath shall be administered by the 
 judges holding the election first provided for, and at subsequent elec- 
 tions by the directors serving and in said oath shall be set forth the 
 number of said school districts. Any school director who shall fail to 
 call the election and post the notices therefor, or to correctly certify 
 the result of such election as r-equired in this section, shall be deemed 
 guilty of malfeasance in office, and shall be disqualified from again 
 holding said office by appointment or otherwise for a period of one 
 year thereafter, and shall be summarily removed by the superintend- 
 ent of schools, and shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars, or imprisoned in the county jail not 
 less than twenty-five nor more than one hundred days, the said fines to 
 go to and become a part of the school fund of the district in which 
 such person was a dii'ector. And it is hereby made the duty of the 
 county school superintendent so removing a director to make affidavit 
 of the facts to the district judge, or before any justice of the peace, 
 and to act as prosecuting witness against said director. The said 
 school directors shall truly canvass the vote cast at the election and 
 send the ballots to the county school superintendent, together with 
 their certificate of election, where said ballots shall remain in his cus- 
 tody for the period of thirty days, during which time notice of contests 
 may be given by any person interested. If no such notice shall be 
 given within such period, the county school superintendent shall de- 
 stroy such ballots. But if such notice of contest be given, it shall be 
 his duty to turn the same over, in exactly the same condition as they 
 were received by him, to the county clerk of his county, where they 
 may be examined under the same terms and conditions as ballots in 
 other cases of contested elections for county officers, and the same 
 provisions shall apply to a contest for the position of school director 
 as is provided by law for contesting other county officers. 
 
 — 14 — 
 
Sec. 10. ORGANIZATION AND DUTIES OF SCHOOL DIREC- 
 TORS. — Five days after their qualification the school directors shall 
 meet and elect a chairman and a clerk, and two directors shall con- 
 stitute a quorum, which shall be competent to discharge all the duties 
 of a full board. Should a vacancy occur from any cause, notice shall 
 be given to the county superintendent by the directors or a director, 
 and thereupon said county superintendent shall appoint a director to 
 fill such vacancy until the next election. They shall have the care and 
 keeping of the school house and other property belonging to the 
 school district, and are hereby authorized to open the school houses 
 for the use of religious, political, literary, scientific, mechanical, agri- 
 cultural, and industrial societies belonging to their district, for the 
 purpose of holding business or public meetings of said societies. No 
 board shall issue warrants or certificates of indebtedness of the school 
 district, in excess of the amount of the levy for one year, but all 
 school orders shall draw 6 per cent interest per annum after having 
 been presented to the county treasurer and not paid for want of funds, 
 which fact shall be indorsed upon the order by the treasurer. The 
 directors of the several school districts shall also employ and pay 
 ■school teachers under the restrictions imposed by this act, and shall 
 have the general control and management of the schools in their re- 
 spective districts, subject to such supervision as shall herein be con- 
 ferred upon the county superintendent. 
 
 Sec. 11. SCHOOL DIRECTORS TO FURNISH ITEMIZED AC- 
 COUNTS WITH VOUCHERS. — Directors serving in districts outside 
 of incorporated towns or cities are hereby required to accompany all 
 vouchers or' warrants presented for the signature of the county super- 
 intendent with itemized statement of account, and the county super- 
 intendents shall withhold his approval of all bills until such statements 
 are provided. 
 
 Sec. 12. COUNTY SUPERINTENDENT MAY REJECT WAR- 
 RANTS ILLEGALLY ISSUED BY SCHOOL DIRECTORS. — The 
 county superintendent shall investigate the legality of all accounts as 
 to whether the same have been legally incurred and allowed before 
 the fixing of his signature thereto, and he may reject any warrant 
 issued by district school directors whenever he may deem such war- 
 rant to have been illegally issued. 
 
 VII. TEACHERS. 
 
 <C. L. 1897, Sec. 1536; L. 1899, Ch. 57, Sec. 1; L. 1907, Ch. 97, Sees. S, 
 26. L. 1901, Ch. 43, Sec. 1-6; L. 1903, Ch. 92, Sees. 1, 2.) 
 Section 1. LEGALLY QUALIFIED TEACHER. — A legally quali- 
 fied teacher to teach in any school district, incorporated town, city, 
 village, or independent district, shall be one who has been certificated as 
 prescribed in this act, and who possesses a certificate of attendance 
 upon some county teachers' institute, or summer schools, approved by 
 the State Superintendent of Public Instruction, held within twelve 
 months, or has an approved excuse for non-attendance, or one who 
 holds a legal permit to teach in this State, and who holds a health 
 certificate showing that he or she is free from tuberculosis in a trans- 
 missible form. Any county superintendent, member of a board of 
 school directors, member of a board of education, county treasurer, 
 or other persons, who shall directly or indirectly cause the public 
 
 — 15 — 
 
school funds to be paid for teachers' services to any other person than 
 a legally qualified teacher under the provisions of this act, shall be 
 guilty of a misdemeanor, and upon conviction thereof shall be fined 
 in the sum of not less than one hundred ($100.00) dollars nor more 
 than five hundred ($500.00) dollars for each and every offense, and 
 may be removed from office in the manner provided by law. 
 
 Sec. 2. TEACHERS' WAGES. — From and after September 1, 
 1907, the maximum salary that shall be paid to anj' teacher employed 
 to teach in the public schools in this State holding a certificate 
 not higher than a third grade shall be fifty ($50.00) dollars per month: 
 the maximum salary that shall be paid to a holder of a certificate not 
 higher than a second grade shall be seventy-five ($75.00) dollars per 
 month; Provided, That permits shall in no case be classed as higher 
 than a third grade certificate, but if a holder of a permit shall secure 
 a regular teachers' certificate during the term for which he is en- 
 gaged, the salary for the entire term may be fixed in accordance with - 
 the grade of said certificate; Provided, further, That a teacher em- 
 ployed in any of the public schools of this State shall be entitled 
 to full pay for a period not to exceed one month during which the 
 school may be closed by the board of school directors, board of edu- 
 cation, or board of health, on account of loss by fire, danger from con- 
 tagious disease, or other similar cause. These provisions shall apply 
 to the public schools in cities, towns, and villages as well as in rural 
 districts. Any school director, member of board of education, or any 
 other person violating the terms of this section shall, upon conviction 
 in a court of competent jurisdiction, be fined in the sum not less than 
 ten ($10.00) dollars nor more than one hundred ($100.00) dollars, or 
 imprisoned for a term not less than ten days nor more than ninety 
 days, and may be removed from office by proper procedure. 
 
 All public school teachers engaged in teaching within incorporated 
 cities, towns and villages, as well as in any other public schools shall 
 be paid monthly instead of quarterly, as now provided by law, unless 
 there are no funds available, in which event they shall be paid as soon 
 as the funds are available. 
 
 Sec. 4. No person shall be employed as a school teacher, instruc- 
 tor or professor in any public school or other educational institutions 
 in the State of New Mexico supported in whole or in part by revenues 
 derived from taxes paid into the public treasury by the taxpayers of 
 this State, who shall- be afflicted with the disease called tuberculosis, 
 commonly know nas consumption, in a transmissible form. 
 
 Sec. 5. CERTIFICATION OF GOOD HEALTH REQUIRED.— 
 Before any person shall be employed as a school teacher, instructor 
 or professor in any public school or other educational "institution of 
 this State he shall file with the governing authorities of the school 
 district, board of education, board of regents, or other governing edu- 
 cational body of any university or college, a certificate from a reputa- 
 ble physician who is a resident of New Mexico and who is not himself 
 afClicted with the disease; that the said person is not at the time of the 
 examination to be made by said physician afflicted with the said dis- 
 ease called tuberculosis, commonly knowns as consumption as herein- 
 before defined. 
 
 Sec. 6. Any and all persons now employed as school teachers, in- 
 
 — 16 — 
 
structors or professors in any public school or other educational in- 
 stitution in this State shall, within thirty days from and after the 
 passage and approval of this act, obtain and present to the g-overning 
 authorities of the school district, board of education, board of regents 
 or other g-overning educational body of any university or college, in 
 which such person shall be employed, a certificate from a regular 
 physician to be named by the president of the State Board of Health 
 that the said person is not at the time of the examination, to be made 
 within said thirty days by said physician, afflicted with the said dis- 
 ease called tuberculosis, commonly known as consumption, as herein- 
 before defined, and any such person failing to obtain and file the said 
 certificate as herein provided within the time herein specified shall be 
 forthwith discharged as such school teacher, instructor or professor 
 by the authorities provided by law for the employment and release 
 and discharge of persons employed as school teachers, instructors or 
 professors in the public schools or other educational institutions of 
 this State. 
 
 . Sec. 7. FEE FOR CERTIFICATE. — For the making of the ex- 
 amination provided for in this act and for the making of the certifi- 
 cate hereby provided for, the physician making the same shall charge 
 a fee of two dollars and no more. 
 
 Sec. S. COMPLAINT MAY BE FILED. TEACHERS MAY BE 
 DISCHARGED. — If at any time there shall be lodged AVith the gov- 
 erning authorities of any school district, board of education, board of 
 regents or other governing* educational body, a complaint signed by 
 any taxpayer- of this State, setting forth that in his opinion any school 
 teacher, instructor or professor is afflicted with the disease known as 
 tuberculosis, commonly called consumption, as hereinbefore defined, 
 such governing authorities, board of education, board of regents or 
 other educational body shall forthwith require such persons so claimed 
 to be afflicted with tuberculosis to subm.it to an examination by a 
 physician to be named by the president of the State Board of Health, 
 ■and unless such person shall within ten days thereafter file with the 
 school authorities a certificate from such physician that he is not 
 afflicted with the disease commonly known as tuberculosis or con- 
 sumption, such person shall be forthwith discharged from employment 
 as such teacher, instructor or professor, and no warrant or order for 
 any salary or wages to any such person shall be paid by any school or 
 other treasurer until such certificate shall have been obtained and filed 
 as provided for in tliis section. 
 
 Sec. 6. "Whenever such physician sha.ll find the applicant to be 
 afflicted with tuberculosis, or what is commonly known as consump- 
 tion, it shall be his duty to at once notify the Superintendent of 
 Public Instruction of New Mexico, giving the name, age and sex of 
 applicant, together with the date of exa,mination, and a general state- 
 ment of the case. Whereupon it shall be the duty of said Superin- 
 tendent to at once notify the school superintendent of each county in 
 New Mexico of the information he has received. And in case any ap- 
 plicant so examined shall feel aggrieved he may take appeal to the 
 New Mexico Board of Health and present himself for examination, 
 and it shall be the duty of said Board of Health to thoroughly examine 
 such person, and the result and decision of said Board shall be final, 
 
 — 17 — 
 
and such decision shall be certified by it to the Superitnendent of 
 Public Instruction of New Mexico, who shall thereupon notify the 
 different school superintendents of each county. 
 
 Sec. 9. RIGHT OF APPEAL. TO BOARD OF HEALTH ONLY. — 
 No person who has been examined by a physician and has been re- 
 jected by such physician shall apply to any other physician for ex- 
 amination or certificate, but he shall have right of appeal to the Board 
 of Health of New Mexico, and if any person shall apply to any other 
 physician in violation of this act, he shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be fined in any sum not to ex- 
 ceed one hundred dollars ($100.00) and shall not be eligible as a 
 school teacher in any county in New Mexico. 
 
 VIII. COEKTIFICATION OF TEACHERS. 
 (L. 1907, Sees. 3, 4, 5, 7.) 
 Section 1. COUNTY TEACHERS' CERTIFICATES. — The State 
 Board of Education is hereby empowered to issue three grades of 
 county teachers' certificates, to be known as first grade, second grade 
 and third grade, respectively. The certificates shall be issued by said 
 board of education upon examination in such subjects as it may elect, 
 or upon the applicants' presenting grades in the subjects as required 
 by said board from any of the educational institutions of the State. 
 The said examination shall be held at such times, at such places, and 
 in such manner as said board deems most expedient. The exam.ina- 
 tion for county teachers' certificates shall be conducted by the county 
 superintendent under such rules and regulations as such board of 
 education may prescribe. Upon the close of the examination the 
 county superintendent shall forward tthe papers of the applicants to 
 the Superintendent of Public Instruction, who shall grade them, or 
 cause them to be graded. The Superintendent of Public Instruction 
 is hereby authorized to employ such person or persons to assist him in 
 grading the papers of applicants as he may judge competent. The 
 State Auditor shall pay such persons for their services upon presenting 
 receipted bills approved by the »Superintendent of Public Instruction. 
 Holders of county certificates shall be entitled to teach in any school 
 district, independent district, incorporated town, city or village of the 
 State. A third grade certificate entitles the holder thereof to tP.a,ch 
 for one year, second grade two years, and the first grade three years, 
 respectively. All certificates shall be void at the expiration of the 
 term for which they were issued. The county superintendents ars 
 hereby authorized to renew first gra,de county teachers' certificates 
 once only without a formal examination: Provided, Evidence is 
 shown of successful experience in teaching and faithful attendance to 
 duty; Provided, further. That no such renewal shall be made by the 
 county superintendent without the consent of the Superintendent of 
 Public Instruction. Boards of education of incorporated cities may 
 issue teachers' certificates for such period of time and under such 
 regulations as they may prescribe, but such certificates shall be valid 
 only in the city whose board issues them. 
 
 Sec. 2. STATE TEACHERS' CERTIFICATES. — The State Board 
 of Education is hereby authorized to issue state teachers' professional 
 certificates to persons whom it may deem qualified by reason of moral 
 character, academic scholarship, knowledge of the theory and art of 
 
 — 18 — 
 
teaching and actual practice in teaching. Holders of the certificates 
 who possess a certificate of attendance upon some county normal 
 institute or summer school as herein provided by law, shall be en- 
 titled, without further examination, to teach in any of the pubUc 
 schools of New Mexico for the period of time designated therein. 
 
 The State Board of Education is hereby empowered to officially 
 endorse teachers' certificates granted in other states and territories, 
 under such rules as it may prescribe; and to grant certificates of the 
 first, second and third grade to persons who have completed specified 
 courses, approved by the State Board of Education, in New Mexico 
 state educational institutions or other schools designated by said 
 board; Provided, That upon graduation from St. Michael's College, 
 located at Santa Fe, the holder of a diploma from the full course of 
 study given by said institution shall be entitled to a county first grade 
 certificate, which shall be recognized in all counties of the State as a 
 legal certificate for the period of time designated therein. 
 
 Sec. 3. TEMPORARY PERMITS TO TEACH.— The Superintend- 
 ent of Public Instruction is hereby authorized to issue, pending the 
 regular examination of teachers, permits to teach in the public 
 schools of the State, to persons whose credentials as to ability and ex- 
 perience in teaching properly certified to are deemed to meet the re- 
 quirements of the law, and such temporary permits shall expire upon 
 the first day of the next succeeding examination of teachers. County 
 school superintendents shall have like authority in their respective 
 counties, and certificates so issued by county school superintendents- 
 shall be good only in the county where issued, and shall not be issued 
 twice in succession to the same person, and shall expire at the next 
 examination of teachers in the said county. 
 
 Sec. 4. REVOKING CERTIFICATES.— The State Board of Edu- 
 cation is hereby empowered to revoke certificates of conductors and 
 instructors of teachers' institutes, state teachers' professional certifi- 
 cates, county teachers' certificates, and city teachers' certificates is- 
 sued by boards of education, for incompetency, immorality of the 
 holder, or for any cause that should have withheld the issue of such 
 certificate; Provided, That in each case the accused shall be allowed a 
 full and fair hearing at which he may be privileged to employ the ser- 
 vices of counsel. 
 
 IX. TEACHERS' INSTITUTES. 
 (L. 1907; Ch. 97, Sec. 6.) 
 
 Section 1. TEACHERS' INSTITUTE. — The county superintend- 
 ents of public schools shall hold annually in their respective counties, 
 for a term of not less than two weeks, a teachers' institute for the 
 instruction of teachers and those desiring to teach. The county su- 
 perintendents of the public schools with the advice and consent of the 
 State Superitnendent of Public Instruction, shall determine the time 
 and place of holding such institutes, and shall select conductors and 
 instructors for the same, and provide for the compensation thereof. 
 No person shall be selected or shall serve as a conductor or instructor 
 who does not hold a certificate from the State Board of Education 
 authorizing him or her to do so. It shall be compulsory upon all per- 
 sons who expect to teach in any school district, independent dis- 
 trict or incorporated town, city or village, to attend at least twa 
 
 — 19 — 
 
weeks of the county institute or to show a certificate of attendance 
 upon some county institute or summer school approved by the Super- 
 intendent of Public Instruction held within the year. The State Board 
 of Education is hereby forbidden to issue a certificate to any person 
 who refuses to comply, with the provision of this act; Provided, Any 
 person or persons, who fail to so attend by reason of sickness or good 
 and sufficient excuse rendered to the county superintendent and ap- 
 proved by hixn and by the Superintendent of Public Instruction, may 
 be excused from such -attendance. Provided further. The State Board 
 •of Education is hereby empov\^ered to excuse such persons from at- 
 tending the county teachers' institute as in its judgment is deems 
 eminently qualified to teach by reason of their professional scholar- 
 ship and training, and that nothing herein contained shall make it 
 compulsory for cities which engage a city superintendent of schools 
 who gives at least half of his time to direct supervision to hold such 
 institutes. 
 
 The State Board of Education is hereby empowered to issue a 
 course of study for teachers' institutes. Authority is herebj' conferred 
 upon the Superintendent of Public Instruction to authorize the county 
 superintendent in any county wherein the conditions are such as to 
 make it expedient to do so, to hold joint county teachers' institutes at 
 such places as may be most convenient to all parties concerned, and 
 when such power is delegated to a county superintendent, the expense 
 of any such institute shall be divided equitably by the county superin- 
 tendents, subject to the approval of the State Superintendent of Public 
 Instruction, among the counties participating therein. 
 
 For the purpose of meeting the expenses of the county teachers' 
 institutes, county treasurers of class "A" shall set apart annually from 
 the general school funds of their respective counties not less than one 
 hundred ($10 0.00) dollars; in counties of class "B" not less than 
 seventy-five ($75.00)dollars for such purpose; in counties of classes 
 "C," "D" and "E" not less than fifty ($50.00) dollars for such pur- 
 pose; Provided, That in counties where an institute is held for a full 
 term of four weeks the county treasurer shall set aside at least fifty 
 ($50.00) more than that already provided for institute purposes. At 
 each session of the teachers' institute the county superintendent upon 
 the advice and consent of the State Superintendent of Public Instruc- 
 tion shall collect from each person in attendance a fee of not less 
 than one ($1.00) dollar and not more than three ($3.00) dollars. The 
 money thus collected and set apart shall be known as the "County 
 Teachers' Institute Fund," and the county treasurer shall be its cus- 
 todian, but he shall not receive anj' of it for his services in receiving 
 or as such custodian. All disbursements of the "Teachers' Institute 
 Fund" shall be upon the order of the county superintendent, counter- 
 signed by- the Superintendent of Public Instruction, and no order 
 shall be drawn on said fund, except for services rendered and expenses 
 actually incurred in connection with the teachers' institute. But the 
 legitimate expenses incidental to conducting examination ordered bj'^ 
 the State Board of Education shall be considered as expenses incurred 
 in connection with the teachers' institute; Provided, That the State 
 Board of Education shall have the power to yaive the holding of any 
 
 — 20 — 
 
county normal institute in counties where authorized summer schools 
 are held and in counties adjacent thereto. 
 
 X. TEXT BOOKS. 
 
 (Const. Art. 20, Sec. 17; L. 1907, Ch. 97, Sec. 9; L. 1912; Ch. 29; L. 
 
 1912, Ch. 41.) 
 
 Section 1. The State Board of Education shall have, and is hereby 
 vested with full power to adopt a system of school books for the 
 use of the public schools of the State, and only the school books 
 so adopted by said board shall be used in any of the first eight grades 
 of the public schools of this State. The Board of Education shall 
 have power to contract with the publisher or publishers of text books 
 adopted for use in the public cshools of New Mexico, in. the name 
 of the State and through the superintendent of public instruction 
 for the purchase and delivery of said books under such regulations 
 as the board may adopt. 
 
 Text books once adopted shall not be changed for six years. 
 
 If the State Board of Education shall violate the provision in this 
 section contained against changing within a period of six years text 
 books adopted by such board, or if such State Board of Education, 
 the Superintendent of Public Instruction, any county superintendent, 
 or any board of school directors, or board of education in this State 
 shall knowingly permit, in any of the first eight grades of the public 
 schools of this State, the use of any text book or books other tahn 
 such as are adopted by the State Board of Education, upon convic- 
 tion thereof, the person or persons convicted shall be punished by a 
 fine of not less than ten ($10.00) dollars nor more than one hundred 
 ($100.00) dollars; Provided, That nothing herein contained shall pre- 
 vent the use of text books, approved by the State Board of Educa- 
 tion or the State Superintendent of Public Instruction, supplementary 
 to the regularly adopted text books. 
 
 Sec. 2. The nature of alcoholic drinks and narcotics, and special 
 instruction as to their effects upon the human system, in connection 
 with the several, divisions of the subjects of physiology and hygiene, 
 shall be included in the branches of study taught in the public schools, 
 and shall be studied and taught as thoroughly and in the same 
 manner as other like required branches are in said schools, by the use 
 of text books in the hands of pupils where other branches are thus 
 studied in said schools, and by all the pupils in all said schools 
 throughout the State. 
 
 Sec. 3. Adequate time and attention shall be given to instruction 
 in this branch of study in the State educational institutions in the 
 New Mexico Reform School at Springer and in all teachers' institutes, 
 and competent lecturers on this subject shall be secured for teachers' 
 institutes. 
 
 Sec. 4. It shall be the duty of the proper officers in control ot 
 any school or institution described in the foregoing sections to en- 
 force the provisions of this act; and any such officer, school director, 
 superintendent or teachers, who shall refuse or neglect or fail to 
 make proper provisions for the instruction required and in the man- 
 ner specified by this act for all the pupils in each and every schoo* 
 
 — 21 — 
 
or institution under his jurisdiction, shall be removed from office ana 
 the vacancy filled as in other cases. 
 
 Sec. 5. No certificate shall be granted to any person to teach in 
 the public schools who has not passed a satisfactory examination to 
 enable him to properly teach the branches of study provided for in 
 the foregoing sections. 
 
 Sec. 6. Hereafter no teacher of the first and second grades shall 
 be granted a certificate to teach by the Board of Education of the 
 State of New Mexico unless said teacher shall have passed a satis-, 
 factory examination in the History and Civics of the United States, 
 as well as the History and Civics of the State of New Mexico. 
 
 Sec. 7. It shall be the duty of the teachers in the public schools 
 in the State to give such instruction as is practicable in the History 
 and Civics of the United States with special reference to the History 
 and Civics of the State of New Mexico, which said instruction' may 
 be given .orally or by study of text books covering the subject and 
 which said text books shall have been adopted by the State Board 
 of Education. 
 
 Sec. 8. The said History and Civics of the State of New Mexico 
 shall be prepared by a known historian of the State and shall be sold 
 at a price to be fixed by the State Board of Education not to exceed 
 one dollar per volume. 
 
 XI. INDUSTRIAL, EDUCATION. 
 (L. 1912, Ch. 52.) 
 
 Section 1. The State Board of Education is hereby empowered to 
 prescribe and adopt a course of study in Industrial Education, in- 
 cluding domestic science, manual training and agriculture, and make 
 such necessary rules and regulations for its teaching in the public 
 schools. In the preparation of the Institute Manuals for the coming 
 year the State Board of Education may include a course of study in 
 Industrial Education and may require all teachers attending Countj^ 
 Institutes and Summer Normal schools to pass an examination in 
 one or more of the branches of industrial education. 
 
 Sec. 2. The State Superintendent of Public Instruction is hereby 
 empowered and directed to appoint a State Director of Industrial 
 Education, who shall be proficient in the several branches of such 
 education, and who shall, under the direction and supervision of the 
 State Superintendent, have the general charge of the introduction and 
 teaching of industrial education in such of its branches and in such 
 of the public schools of the state as shall be deemed advisable by 
 the State Superintendent and the said Director of Industrial Educa- 
 tion, and the said Director shall perform such other duties as may 
 he prescribed by the State Superintendent. 
 
 Sec. 3. Said Director of Industrial Education shall receive an 
 annual salary of one thousand dollars, payable in like manner as 
 is provided for the payment of the salary of the State Superintendent 
 of Public Instruction, and shall further receive as a part of the salary 
 of said office the sum Of thirty dollars from all counties of class "A," 
 the sum of twenty-fiVe dollars from all counties of class "C," "D" 
 and "E," said above sums to be set apart by each of the county 
 treasurers in like manner as county institute funds are now provided 
 to be set aside and under like conditions; provided, the said county 
 
 — 22 — 
 
sums are only to be paid said State Director of Industrial Education 
 by said county treasurer upon said Director's visiting and instructing 
 in the various counties in industrial education. 
 
 Sec. 4. To the end that said Director of Industrial Education 
 may visit the public schools so far as possible make investigation of 
 school conditions and report same to the State Superintendent of 
 Public Instruction, together 'with recommendations as to the intro- 
 duction and teaching of industrial education, an annual appropriation 
 of six hundred dollars, or such part thereof as may be required, is 
 hereby made for traveling expenses in visiting schools and supervising 
 the introduction and teaching of industrial education in said schools, 
 payable upon presentation of certified vouchers, duly approved by 
 the State Superintendent of Public Instruction, and warrants drawn 
 by the State Auditor upon the State Treasurer. 
 
 XII. SCHOOL REPORTS. 
 (C. L. 1897, Sees. 1527, 1528, 1535, 1536; L. 1903, Ch. 119, Sec. 8; 
 
 L. 1907, Sees. 14, 18, 24.) 
 
 Section 1. ANNUAL REPORT. — The State Superintendent shall 
 prepare and cause to be published annually a report of all the com- 
 mon schools, academies, normal schools, colleges, private and sec-- 
 tarian schools in the State, which report shall indicate the number 
 and sex of all persons enrolled in the several schools; the value of 
 the school property, and such other facts as he may deem expedient, 
 the same to be drawn from the reports of the county superintendents 
 and from the reports of school boards, boards of regents and boards 
 of trustees of the several institutions. All official reports made to 
 the State Superintendent by the county superintendent of the several 
 counties, heads of State educational institutions and by trustees and 
 directors of all schools of whatever nature shall be filed and care- 
 fully preserved in his office by the State Superintendent of Public 
 Instruction. 
 
 Sec. 2. The scholastic year for all schools and educational insti- 
 tutions of whatever nature in the State of New Mexico shall end 
 June thirtieth of each year. Within ten days after such date the 
 school directors of school districts and the secretaries or clerks of 
 the boards of education of town, village and city schools, located 
 within each county shall file statistical reports with the county su- 
 perintendent, containing such items of information as are required 
 by law. On or before July thirty-first of each year the county super- 
 intendents and the heads of the various educational institutions shall 
 make their annual statistical reports to the superintendent of public 
 instruction and thirty days thereafter the Superintendent of Public 
 Instruction shall make his annual report to the governor of the State. 
 
 Sec. 3. The school superintendent shall, on or before the thirty- 
 first day of July of each year, make out and transmit in writing to 
 the State Superintendent a report containing a statement of the num- 
 ber of school districts in the coutny, the number, age and sex oil 
 children residing in each over five and under twenty-one years of 
 age; the number of schools in the county; the length of time each 
 school has been taught; the number, age and sex of pupils attend- 
 ing the same; the number and sex of teachers employed, branches 
 
 — 23 — 
 
taugtit and text books used; the number of private or select schools" 
 or academies in the county as far as the same can be ascertained; 
 the number, age and sex of pupils and teachers employed and the 
 branches taught; the amount of money raised by taxes and paid for 
 teachers' salaries in addition to the amount of public money raised 
 by tax or otherwise for the purpose of purchasing sites for schoul^ 
 buildings, repairing and furnishing school houses and such other in-- 
 formation as the State Superintendent may desire. 
 
 Every county superintendent who shall wilfully neglect or refuse' 
 to make and deliver to the State Superintendent his annual report,, 
 as required by this act, within the time limited therefor, shall be 
 liable on his bond for the full amount of money lost to the county 
 by such neglect or refusal, with the interest thereon at 12 per centum 
 per annum, to be recovered by the county treasurer in the name of 
 the county, from the bondsmen of said superintendent. 
 
 Sec. 4. The clerks of the several rural districts, principals or 
 superintendents of town or city schools shall, between the first day 
 of June and the first day of July of each year, make a report to- 
 the county superintendent in writing, showing in detail the financial 
 condition of the district, the amount of money received and from 
 what source, including receipts from poll taxes, etc., district bonds 
 or special levies, and the manner in which the same has been dis- 
 bursed during the previous year, amount expended for repairs or- 
 improvements of school houses and grounds, whether rented or owned 
 by the district, the value of all school property, amount of bonded 
 indebtedness of district, status of interest fund, amounts paid for 
 rent, fuel, etc., salaries paid teachers for the preceding year, the 
 number and sex of the school population and amount expended for 
 books for indigent children, and failure to properly prepare and for- 
 ward said reports shall subject such clerk, principal or town or city 
 superintendents to prosecution, as provided by law, and it is hereby 
 made the duty of county superintendents to file information against 
 such derelicts. 
 
 Sec. 5. .TEACHERS TO KEEP RECORDS AND MAKE RE- 
 PORTS. — That every person employed to teach a school established by 
 this act, or any acts now in force, shall keep a proper record, and 
 at the end of each term make a report to the county superintendent, 
 showing the whole number of pupils that have attended school dur- 
 ing such term, giving the names, ages and sexes, the average daily 
 attendance, the branches taught and such other facts as may be 
 deemed important as showing the character of the school and the 
 proficiency of the pupils; and for failure to make such report he 
 may be fined in the sum of not more than fifty dollars, upon con- 
 viction before any justice of the peace. No person shall be paid any 
 money for teaching any school established under this act until an 
 order is presented, signed by two of the school directors of the proper 
 district, and endorsed by the county superintendent. 
 
 Sec. 6. In addition to the duties now required by law of the 
 governing authorities of the .higher educational institutions, they are 
 hereby required to make duplicate copies of reports, under date of 
 June 30th of each year, furnished by them to the State executive 
 for use in his biennial report to the Legislature, and a copy of said 
 
 — 24 — 
 
report shall be filed in the office of the Superintendent of Public 
 Instruction; such report shall show the date of establishment, gen- 
 eral status and progress of such institution during the year;, its 
 physical equipment, course of study, number of pupils enrolled and 
 the number enrolled who are not actual bona fide residents of the 
 State, the number of graduates for the preceding year and the total 
 number of graduates to date, the financial condition, character and 
 value of improvements during the year, value of all property, receipts 
 from all sources, disbursements and such other information as the 
 Superintendent of Public Instruction may requi' e for incorporation in 
 his annual report to the Governor of the Stat< . 
 
 XIJI. SCHOOL CENSUS. 
 
 (L. 1903, Ch. 119, Sec. 13; L. 1903, Ch. 23.) 
 Section 1. SCHOOL DIRECTORS TO MAKE ENUMERATION 
 OF PERSONS WITHIN SCHOOL AGE. DUTY OF CLERK. — The 
 boards of education and the directors of schools in the several school 
 districts in the State shall, on or before the first day of September of 
 each year make an enumeration of all unmarried persons between 
 five and twenty-one years of age, giving the names, ages, and sexes of 
 such persons in full, and shall report the same in writing, which 
 enumeration list shall be signed by all the directors, to the county 
 superintendent within fifteen days thereafter. It shall be the duty of 
 the clerk of said school directors to correctly enumerate or cause to 
 be enumerated all unmarried persons of the respective school districts 
 as specified herein. For said enumeration he shall be paid from any 
 funds in the hands of said directors the sum of one dollar and. fifty 
 cents for each one hundred names or fraction thereof, thus 
 enumerated. 
 
 Sec. 2. PUNISHMENT FOR FALSE ENUMERATION. — .Any 
 enumerator acting for the directors of schools of any district who 
 shall wilfully place fictitious names, or names of persons not actually 
 residing in said district, upon the official enumeration list, shall be 
 declared guilty of a misdemeanor and on conviction thereof, before 
 any court of competent jurisdiction, he shall be punished by a fine of 
 not less than ten nor more than fifty dollars, which fine shall, when 
 paid, be placed in the school fund of said school district. County 
 superintendents are hereby empowered to remove from office any 
 school director, in districts outside of incorporated towns and cities, 
 who shall fail or refuse to make and return a complete census of the 
 school population within his district as required by law, and • such 
 person so memoved shall not be eligible to hold said office for a period 
 of two years thereafter. 
 
 XIV. COMPULSORY ATTEXDikNCE. 
 (C. L. 1897, Sec. 15§5; L. 1903, Ch. 39; L. 1909, Ch. 121, Sec. 1.) 
 Section 1. The school directors or board of any school district, 
 town or city in this State, are hereby empowered and required to com- 
 pel parents, guardians or other persons having the control, care or 
 direction of children, when such children do not attend some private 
 or denominational school, to send such children under their control to 
 the public school during the entire time such school is in session in 
 each scholastic year in their respective school communities, except 
 
 — 25 — 
 
that children referred to in this act shall not be less than seven nor 
 more than fourteen years of age, or of such physical disability as to 
 unfit them for school duties, which disability shall be certified to by 
 some regular practicing physician: Provided, That the private or de- 
 nominatioanl school shall be equal in its teaching to the public school 
 of the district; and Provided, further, That this section shall not 
 apply to children who live more than three miles from a public school. 
 
 Sec. 2. Any parent, guardian or other persons having The control 
 of children and who shall fail or refuse to send such children to 
 school as required by this act, after the clerk of the school district or 
 the clerk of any town or city school board shall have given public 
 notice containing the substance of this act, written or printed in both 
 English and Spanish, by posting same in some conspicuous place at 
 three separate points within the district, or publishing the same in 
 some newspaper within the district, shall be punished upon conviction 
 thereof by a fine of not less than $5 nor more than $25, or by im- 
 prisonment for not more than ten days in any county jail: Provided, 
 That if such parent or guardian is not able, by reason of poverty, ro 
 buy books for any such child, it shall be the duty of any school board 
 of any town, district or city, upon the facts being shewn to the satis- 
 faction of a majority thereof, to purchase, through the county super- 
 intendent, or through the district, town or ciy superinendent, if there 
 be one, the necessary books for the use of said child or children, which 
 books shall be loaned to said indigent pupil during the school term, 
 yet remain the property of the district under the care and custody of 
 the district clerk: Provided, further. That a sum not exceeding $50 
 may be expended in any district in any one year for supplying indigent 
 children with such necessary books to be paid for out of the school 
 fund of such district, by warrants drawn as in other cases: And Pro- 
 vided also. That there is no school taught within three miles of the 
 place of residence of said child by the nearest established road. 
 
 Sec. 3. County superintendents are hereby vested v/ith general 
 supervisory powers in this matter and shall require directors to com- 
 ply with the provisions of the preceding section; and it shall be the 
 duty of the presiding judge of the district court to give, at each ses- 
 sion of the court, the substance of this law as a special charge to their 
 respective grand juries, and it is made the duty of the district attor- 
 neys to give particular heed to the prosecution of causes growing out 
 of violations of this act. 
 
 Any school director who shall wilfully refuse or fail to make any 
 report or perform all the duties required by this section shall be 
 deemed guilty of a misdemeanor and on conviction before the district 
 court of the proper county shall be punished by a fine of nqt more 
 than one hundred dollars or by imprisonment in the county jail for 
 a period not exceeding sixty days, in the discretion of the court. 
 XVI, HOLIDAYS, PATRIOTIC OBSERVANCES, FLAGS. 
 Section 1. LEGAL HOLIDAYS. — In addition to the legal holidays 
 designated by law, viz: "July fourth, December twenty-fifth and 
 January first, and all days designated by proclamation of the Gov- 
 ernor as fast days or thanksgiving days," February twelfth (Lin- 
 coln'^ birthday) and February twenty-second (Washington's birth- 
 day) may hereafter be observed by the public schools as legal holi- 
 
 — 26 — 
 
days; and, provided, any teacher or teachers in the rural districtst 
 and village schools shall have arranged beforehand a program of 
 exercises by the pupils appropriate for the occasion for the preceding 
 day, the directors of such district shall not deduct any moneys from 
 teachers' salary because of their absence from active school duty on 
 such holiday. 
 
 Sec. 2. LINCOLN DAY. — The twelfth day of February in each 
 and every year hereafter, is hereby established in the annual school 
 calendar to be known as Lincoln day, in honor of the birthday of 
 Abraham Lincoln, and shall be observed with patriotic exercises in 
 the public schools. It is also provided that when such day shall fall 
 on Sunday or on Saturday the following or preceding days, respec-t 
 tively, as the case may be, shall be observed. The State Superin- 
 tendent shall prepare a program of patriotic exercises for the proper 
 observance of Lincoln Day, and to furnish printed copies of the same 
 to the school directors and boards of education of various districts, 
 cities, towns and villages at least four weeks previous to the twelfth 
 day of February in each year; he shall also prepare for the use of 
 the scohol a printed program providing for a uniform salute to the 
 flag. 
 
 Sec. 3. ARBOR DAY. — The second Friday in March of each year 
 shall be set apart and known as Arbor Day, to be observed by the 
 people of this State in the planting of forest trees for the benefit 
 and adornment of public and private grounds, places and ways, and 
 In such other efforts and undertakings as shall be in harmony with 
 the general character of the day so established: Provided, That the 
 actual planting of trees may be done on the day designated or at 
 such other most convenient time as may best conform to local climatic 
 conditions, such other time to be designated and due notice thereof 
 given by the several county superintendents of schools for their re- 
 spective counties. 
 
 The day as above designated shall be a holiday in all public 
 schools of the State, and school officers and teachers are required 
 to have the schools under their respective charge observe the day by 
 planting of trees or other appropriate exercises. 
 
 Annually, at the proper season, the Governor shall issue a procla- 
 mation, calling attention of the people to the provisions of this act 
 and recommending and enjoining its due observance. The respective 
 county superintendents of schools shall also promote by all proper 
 means the observance of the day, and the said county superintendents 
 of schools shall make annual reports to the Governor of the Territory 
 of the action taken in this behalf in their respective counties. 
 
 Sec. 4. COLUMBUS DAY. — To commemorate the discovery of 
 America by Christopher Columbus, the twelfth day of October shall 
 hereafter be a legal holiday, and shall be known as Columbus Day. 
 
 Sec. 6. FLAGS. — The boards of school directors of the various 
 school districts and the boards of education of the cities and towns 
 of this territory shall procure at the expense of their respective dis- 
 tricts, towns or cities, for every public school not provided therewith, 
 a United States flag not less than five feet long, together with the 
 flag staff and the necessary appliances therefor; and thereafter when- 
 ever the flag, flag staff or the necessary appliances therefor of any 
 
 — 27 — 
 
such school shall from any cause become unsuitable for further use^ 
 such school boards of directors or boards of education shall in the 
 same manner purchase others in place thereof. 
 
 The school directors or boards of education in the various districts, 
 cities and towns in the State shall cause the United States flag- 
 to be displayed upon the public school buildings or premises therein 
 during school hours if in their best judgment it be practicable, other- 
 wise at such times as they may direct, and such boards of school 
 directors or boards of education shall also establish rules and regula- 
 tions for the proper care, custody and display of the flag; and when, 
 for any cause, it is not displayed, it shall be placed conspicuously in 
 the principal room of the school building. 
 
 XVI. VACCINATION AGAINST SMAIiliPOX. 
 
 (L. 1901, Ch. 17, Sec. 2627; L. 1903, C.h. 103, Sees. 29, 30, 31.)' 
 It shall be the duty of the school superintendent of 
 each county to see that all children in his county, of school age, 
 are vaccinated against smallpox, and to that end each teacher of 
 a public school shall see that the children in his district are success- 
 fully vaccinated or have been vaccinated within one year previous, 
 and it shall be unlawful for any children to attend cshool, or for 
 any teacher to allow such child within any school house unless so 
 vaccinated, or showing proper certiflcate that it has been vaccinated; 
 such teachers shall make report of the number of children whom they 
 have caused to be vaccinated and those who have presented certifi- 
 cates that they have been vaccinated, to the county school superin- 
 tendent at the beginning of the school year and as often thereafter 
 as they may deem necessary, together with the report of the names 
 of any parents who shall so refuse or neglect to have his or her 
 children vaccinated in accordance with the law shall be deemed guilty 
 of a misdemeanor, and upon a report to that effect by the county 
 superintendent, it shall be the duty of the sheriff or any contable 
 whom he may designate, to arrest such person, and upon being con- 
 victed he shall be fined not less than ten dollars ($10.00) nor more 
 than one hundred odllars ($100.00) or be imprisoned in the counts 
 jail not xeceeding one hundred days. These provisions shall apply 
 to children and parent sin incorporated cities and towns, and the 
 duties .heretofore imposed upon county school superintendents are 
 hereby made applicable to boards of education therein. ' 
 
 Sec. 30. COUNTY HEALTH OFFICER TO VACCINATE. — The 
 vaccination provided for in the previous section shall be done by the 
 county health officer provided for by law or by his assistants and 
 under his direction, and shall be paid for by the parents of such 
 children when they are able to do so, but in case of their inability to 
 pay for the same by reason of poverty, the same shall be paid for 
 by the board of education or school directors of the several districts 
 out of the school fund. 
 
 Sec. 31. VACCINATION OF ADULTS. — It shall be the duty of the 
 board of health to make and enforce all necessary rules and regula- 
 tions for the vaccination against smallpox of the adult population 
 as well as of children within school age, and enforce the same by 
 proper orders, and if any adult person shall refuse or neglect to 
 
 — 28 — 
 
<;arry out any of the orders of the said board in that behalf he shall 
 be guilty of a misdemeanor, and after conviction shall be punished 
 as provided by law. Vaccine matter shall be provided at the cost 
 of the county, municipal corporation, board of education or school 
 trustees. 
 
 XVII. COUNTY HIGH SCHOOLS. 
 (L. 1912, Ch. 57; L. 1913, Ch. 20.) 
 
 Section 1. County High Schools may be established as hereinafter 
 provided in each county in this State. 
 
 Sec. 2. When petitioners to the number of one-fifth of the elec- 
 tors of the county, including women qualified as provided by Section 
 1, Article VII of the State Constitution, shall petition to the board of 
 ■county commissioners of any county of the class provided for in sec- 
 tion one requesting an election be called to determine the question of 
 establishing a county high school in such county at a place named in 
 said petition, it shall be the duty of said board of county commission- 
 ers to call an election for said purpose not less than thirty days fol- 
 lowing the meeting of said board at which such petition is received. 
 Said election shall, in all matters not herein provided for; be called, 
 conducted and the returns made and canvassed as now provided by 
 law for -the election of county officers. At said election the ballots 
 
 shall read "For a county high school at " and "Against 
 
 a county high school at " If a majority of votes cast at 
 
 said election shall be in favor of establishing such high school it shall 
 be the duty of said board to establish a high school at the place 
 named in said petition by executing a certificate under the seal of said 
 board, of which certificate duplicates shall be delivered to the county 
 clerk and the assessor of said county. 
 
 Sec. 3. All children of school age residing in said county who 
 have passed the elementary course of study in the eighth grade, as 
 prescribed by the Board of Education of the State or the district 
 wherein any such school is located, shall be admitted to such countj^ 
 high school free of tuition. 
 
 Sec. 4. The management and government of each of said high 
 schools shall be under the control of the board of education or school 
 directors of the city or district where said school is established and 
 maintained- 
 
 Sec. 5. The county superintendent, by virtue of his office, shall 
 be a member of said board. All members of the board of education 
 ■or school directors, except the school superintendent, shall be elected 
 and the board shall organize in the same manner as now provided by 
 law except that women qualified as provided in section one of this act 
 shall have the right to vote and hold the office of a member of the 
 board of education or school director in the city or district where the 
 county high school is established. 
 
 Sec. 6. For the purpose of maintaining county high schools the 
 boards of education or school directors of all the county high schools 
 established in any county of the State under this act shall be permitted 
 to levy, in addition to the levies now provided by law, an additional 
 levy to be known as the county high school levy which shall not ex- 
 ceed two mills upon the dollar. 
 
 — 29 — 
 
Sec. 7. Said levy made for county high schools shall be certified 
 to the county clerk of the county in which said high school or schools 
 are situate by the president and secretary of each of said boards and 
 the county clerk is hereby directed to certify the same to the assessor 
 of said county who shall place the same upon the tax rolls of said 
 county and said taxes shall be collected in the same manner as other 
 taxes, and when collected the county treasurer shall place the same to 
 the credit of the district or districts where any such county high 
 school or schools are situate, in a separate fund known as the county 
 high school fund. 
 
 APPORTIONMENT OF FUNDS; ESTABLISHMENT OF SCHOOLS. 
 — The treasurer of said county shall apportion said high school fund 
 among the high schools of the county established under this act, and 
 if there be more than one such high school, in the ratio shown by the 
 number of children attending such high schools during the preceding 
 year. Provided, however, that no child shall be counted in deter- 
 mining said ratio who has attended said high school for less than half 
 of the regular sessions of the high school year. At the end of each 
 high school year the president and secretary of the board of school 
 directors of each district having such high school shall certify under 
 oath to the treasurer of the county the number of such pupils attend- 
 ing the high school during the preceding year as the basis for appor- 
 tionment of the county high school fund. Provided, further, That 
 when an additional high school shall be established it shall receive 
 during the first school year not to exceed one-third of the monies then 
 in the county high school fund. Provided, further. That more than 
 one high school may be established and designated as a county high 
 school in any year, and in that case, the county high school fund shall 
 be apportioned among such schools on the basis of attendance during 
 the preceding high school year for such schools. High schools now 
 located and established in any county of the State shall be designated 
 and established as county high schools as provided in this act. 
 
 • Sec. 8. It is hereby expressly provided that the cost of site, loca- 
 tion of building and erection and cost thereof for any such counts'^ 
 high school shall be entirely borne by the district where such high 
 schools are established, and the county high school fund hereinbefore 
 provided for shall be used only for the maintenance and operation of 
 the said county high school or high schools. 
 
 Sec. 9. The board of education or school directors of the district 
 where any such county high school is established shall proceed as soon 
 as practicable after the establishment of said county high school to 
 secure the necessary site and buildings and are hereby authorized to 
 bond the said district as now provided by law for the purpose of pro- 
 viding the necessary site and buildings. 
 
 Sec. .10. The board of education or school directors of the dis- 
 trict where any such county high school is established shall add to the 
 course of study provided for such school the additional branches of 
 manual training, domestic science, the elements of agriculture and 
 commercial science. 
 
 Sec. 11. The board of education or school directors of the district 
 where any such county high school is established shall employ and 
 discharge teachers, regulate their salaries and shall have the power 
 
 — 30 - 
 
and authority to make all necessary rules and regulations and to do 
 all things for the proper management and control of said county higli 
 school. 
 
 XVIII. CORRESPONDENCE SCHOOLS, BUSINESS COIiliEGES 
 
 AND COMMERCIAL DEPARTMENTS. 
 
 (L. 1913, Ch. 77.) 
 
 Section 1. That the State Board of Education be and the same 
 is hereby authorized and empowered to adopt a standard of efficiency 
 for buisness colleges and commercial departments of other schools, 
 to issue certificates of recognition to such schools as meet the re- 
 quired standard and to issue permits as hereinafter provided. 
 
 Sec. 2. CANVASSING BY CORRESPONDENCE SCHOOLS, ETC. 
 — It shall be unlawful for any correspondence school, business college, 
 or commercial department of any other school, its agents or repre- 
 sentatives to canvass prospective students in the State of New Mev- 
 ico for the purpose of selling to such prospective student or to any 
 one for the use of such prospective student any scholarship or tuition 
 in advance in such school, or to contract in advance for such scholar- 
 ship or tuition or to take payment for the same money, notes or other 
 evidence of indebtedness before the registration in good faith of such 
 student in such school, college or commercial department without the 
 school, its agent or representative first making application to the 
 State Board of Education as hereinafter provided, and receiving fronri 
 such state board of education a permit granting to the school so ap- 
 plying the right to canvass an dsell scholarships and to receive tuition 
 in advance. 
 
 Sec. 3. APPLICATION FOR PERMIT TO CANVASS FOR 
 SCHOOLS. — The applicaion to the State Board of Education by Sec- 
 tion 2 of this act shall set forth the name of the school seeking such 
 permit, its location, the number of instructors employed in such 
 school, the course or courses of study in which instruction is offered, 
 the subjects included in each course, the entrance and graduation 
 requirements for each course, and in addition thereto the applicant 
 shall, upon request of the board, furnish such other information as 
 may be required by such board. The application shall be signed by 
 some authorized representative of the school and shall be accom- 
 panied by such fees as may be required by the State Board of Educa- 
 tion. 
 
 Sec. 4. REVOCATION OF PERMIT. — The State Board of Edu- 
 cation shall have authority and power to revoke any permit issued 
 by it at its discretion and for cause satisfactory to the board. 
 
 Sec. 5. VIOLATION, MISDEMEANOR, PENALTY. — Any person 
 who shall violate this act shall upon conviction be deemed guilty of 
 a misdemeanor and shall be fined in a sum not to exceed $100.00 for 
 each offense, or by imprisonment, in the discretion of the court try- 
 ing the same. 
 
 Sec. 6. CANVASSING LEGAL WHEN NO ADVANCE FEE IS 
 COLLECTED. — Nothing in this act shall be construed to prevent 
 canvassing for students where no scholarship is sold or fees for tuition 
 are collected in advance or prevent the legitimate advertising- of any 
 such" school. 
 
 — 31 - 
 
XIX. SCHOOL FUNDS AND REVENUES. 
 
 Section 1. STATE PERMANENT SCHOOL FUND. (Const. Art. 
 12, Sec. 2, 7.) — The state permanent school fund shall consist of the 
 proceeds which have arisen or which may arise from sales of sections 
 two, sixteen, thirty-two, and thirty-six in each township; the proceeds 
 of sales of all lands granted to the State without conditions; such 
 portion of the proceeds of sales of lands of the United States within 
 the State as has been or may be granted by Congress; also all other 
 grants, gifts and devises made to the State, the purpose of which is 
 not otherwise specified. The principal of the said permanent school 
 fund shall be invested in the bonds of the State or Territory of New 
 Mexico, or if any county, city, town, board ot education or school 
 district therein. Provided, That all losses from such funds, however, 
 occurring shall be reimbursed by the State. The interest occurring 
 ©n said principal of the state permanent shall fund shall go to and 
 become a part of the current school fund of the State. 
 
 Sec. 2. STATE CURRENT SCHOOL FUND. (Const. Art. 12, 
 
 Sec. 4; L. 1912, Ch. 51.) — The current school fund of the State shall 
 consist of the income arising from the state permanent school fund; 
 the rentals arising from leasing sections two, sixteen, thirty-two and 
 thirty-six in each township or other school lands granted to the 
 State, the disposition of which is not otherwise provided for by the 
 terms of the grant or by act of Congress; the net proceeds of property 
 that may come to the State by escheat; all fines and forfeitures col- 
 lected under general laws; the proceeds of state tax levy of one-half 
 of one mill; and of other moneys diverted to this fund by law. The 
 said; currdDt school fund shall be distributed among the counties' of 
 the State by the State Superintendent of Public Instruction in the 
 proportion to the number of children of school age in each county. 
 
 . Sec. 3. STATE RESERVE FUND. (Const. Art. 12, Sec. 4, L. 
 1912j.Ch. 51.) — The reserve fund shall consist of such moneys as may 
 be. set aside, by law, from the state current school fund, to be dis- 
 tributed among school districts in which the proceeds, when levied 
 to the. limit allowed by law, plus the regular funds belonging to such 
 districts, are not sufficient for maintaining school for the full period 
 of. five months and this reserve fund shall be so distributed among 
 such school funds as to enable each district to hold school for the 
 said period. 
 
 ;;Sfec: 4. STATE SCHOOL BUILDING FUND. (Const. Art. 12, 
 Sec. 4; L. 1913, Ch. 74.) — The school building fund of the State shall 
 consist of such moneys as may be set aside for this purpose by the 
 legislature as hereinafter provided. 
 
 ■ Set. 5. COUNTY SCHOOL FUND. (L. 1912, Ch. 51; L. 1901, Ch. 
 29, Sec. 6; C. L. 1897, Sec. 1548; L. 1912, Ch. 77; L. 1913, Ch. 18.) — 
 The school funds of the several counties shall consist of the proceeds 
 of a three mill tax levied on all the taxable property of the several 
 counties; the apportionments of the state current school fund made 
 by the' State Superintendent of Public Instruction; the proceeds of 
 the ^ -sales of lost goods or estrays; one-third of all liquor licenses; 
 such portion of money collected delinquent taxes as may be provided 
 by law; such portion of forest reserve earnings belonging to each 
 
 — 32 -- 
 
count5' as hereinafter provided; and such other moneys as have been 
 heretofore or as may be hereafter diverted in this fund by law. 
 
 Sec. 6. COUNTY HIGH SCHOOL FUND. (L. 1912, Ch. 57; L. 
 1913, Ch. 20). — The county high school fund shall consist of the pro- 
 ceeds of a tax not to exceed two mills levied on all the taxable prop- 
 erty of the county as herinafter provided. 
 
 Sec. 7. DISTRICT FUNDS. (L. 1901, Ch. 29, Sec. 6; C. L. 1897, 
 Sees. 1549, 1550; L. 1912, Ch. 51.) — The school district funds shall 
 consist of the apportionments from the state current school fund; the 
 apportionments from the county school fund; poll taxes; two-thirds of 
 all liquor licenses; the proceeds of special taxes levied on the taxable 
 property of the several districts as hereinafter provided and such 
 other nnoneys as have been heretofore or may hereafter be provided 
 for this purpose by law. 
 
 Sec. 8. (Lr. 1912, Ch. 51.) — The board of county commissioners 
 of each county shall annually levy and collect a tax of one-half of 
 one mill on the dollar upon all the taxable property in the county for 
 the maintenance of the public schools, the proceeds whereof shall be 
 paid over to the state treasurer as are other state taxes and shall be 
 added to the current school fund. 
 
 Sec. 9. On the first Monday of March, June, September and De- 
 cember in each year the State Treasurer shall credit one-half of the 
 current school fund to a separate fund to be known as the reserve 
 fund, which shall be used for the maintaining of a school for the 
 full period of five months. The Treasurer shall make a complete 
 statement of all the moneys in said current school and reserve funds 
 and certify the same to the Superintendent of Public Instruction. 
 
 Sec. 10 Within twenty days thereafter the said Superintendent 
 shall make an apportionment of the money in the said current school 
 of children of school age in each county, as shown by the latest re- 
 turns from the county superintendent of schools and shall certify the 
 apportionment for each county to the State Treasurer and Auditor 
 and the treasurer and superintendent of schools in each county, and 
 the said auditor shall draw his warrant on the State Treasurer in 
 favor of the proper county treasurer for the amount apportioned to 
 bis county, and said money shall become a part of the general county 
 school fund and shall be apportioned as other moneys in said fund. 
 
 Sec. 11. The reserve fund described in Section 8 above 
 shall be distributed among school districts in which the income from 
 the annual special school tax of fifteen mills plus the regular appor- 
 tionment from the county general school fund shall not be sufficent 
 for the maintaining of school for the full period of five months, and 
 the reserve fund shall be so distributed among such districts as to 
 enable each district to hold school for the said period. That for the 
 purpose of this act the words, "district or school district" shall in- 
 clude cities, towns and villages and districts outside of such munici- 
 palities. 
 
 Sec. 12. Whenever the income of a school district as hereinbefore 
 set forth is not sufficient for the maintaining of a school for the full 
 term of five months, the county superintendent of schools of the 
 county in which such district is situated shall furnish the State Su- 
 perintendent with evidence satisfactory to him of the existence of 
 
 _ 3^> - ■ 
 
such fact. Upon being satisfied thereof the State Superintendent shall 
 make requisition upon said reserve fund through the State Auditor 
 in favor of the treasurer of said county, to be by him credited to 
 the proper school district for sucji amount as will be sufficient, to- 
 gether with such income for the maintaining of a school for the full 
 term of five months in said district. Provided, however, that for the 
 purpose of this act the amount which any school district shall expend 
 for maintaining a school for the full term of five months shall not 
 exceed the sum of three hundred dollars for each school room, and 
 that for the purposes of this act the amount which any school dis- 
 trict shall expend for maintaining a school for the full term of five 
 months shall not exceed the sum of three hundred dollars for each 
 school room, and that for the purposes of this act, no school district 
 shall be entitled to more than one school room for each fifty chil- 
 dren of school age or fraction thereof in such district. At the end of 
 the fiscal year any balance remaining in the reserve fund shall be re- 
 turned to the current school fund. 
 
 The school directors of each school district and the boards 
 of education of cities, towns and villages, M'hether incorporated un- 
 der general or special laws shall have power and are hereby required to 
 provide by purchase or lease suitable school houses, to keep said school 
 houses in repair, to provide same with necessary furniture and fuel, 
 to provide for the payment of teachers' wages and interest on school 
 bonds and for the redemption thereof, and defray all other contingent 
 expenses connected with he proper conduct of the public or common 
 schools. 
 
 Sec. 14. It shall be the duty of such directors and boards of 
 education on or before the first day of June in each year to make 
 and certify to the board of county commissioners of their respective 
 counties an estimate of the amount of funds necessary for such pur- 
 poses for the ensuing year. 
 
 Sec. 15. The board of county commissioners of each county shall 
 annually at the time of levying other taxes levy a special school tax 
 upon all the taxable property in each of such districts, including 
 thei territory attached to any school district for school porposes, which, 
 together with the other revenues provided law, will be sufficient to 
 produce the amount required for such purposes as stated in such esti- 
 mate. In case said board shall disapprove such estimate or in case 
 the school directors of any district or any board of education fail 
 to make an estimate the board of county commissioners shall levy 
 such special school tax for such district as in its opinion will be suf- 
 ficient to provide, the necessary funds for the purposes specified in 
 Section 13a above: Provided, That the special school tax which may 
 be levied, in accordance with the provisions of this act, shall not ex- 
 ceed fifteen mills in districts other than incorporated cities, towns and 
 villages, and twenty mills in such cities, towns and villages. 
 
 The proceeds of such special school tax for such cities, towns 
 and villages shall be paid to the treasurers of the several boards of 
 education. The county treasurer shall take duplicate receipts there- 
 for, one which he shall file in his office and the other he shall trans- 
 mit to the clerk of the proper board of education. 
 
 The proceeds of such special school tax for school districts other 
 
 __- 34 — 
 
than incorporated cities, towns and villages shall be credited by. the 
 county treasurer to the respective schoo Idistricts. 
 
 Sec. 16. To further provide the necessary funds for the conduct 
 of the pubHc schools of the county the board of county commissioners 
 shall annually on or before the first day of August in each year 
 levy a general county school tax of three mills on the dollar upon 
 all the taxable property of the counties, to be assessed and collected 
 as other taxes are assessed and collected. The proceeds of this levy 
 shall be placed to the credit of the general county school fund. 
 
 Sec. 17. Any surplus in the sinking fund of any school district 
 may be applied by the directors of said district to the building of 
 additional school houses or to the enlargement of their present school 
 buildings. 
 
 Sec. 18. PROPERTY EXEMPT FROM SCHOOL TAXES. (C. L. 
 tl897, Sec. 1560.) — The following classes of propery shall be exempt 
 from taxation for school purposes: Property of the United States, 
 of this State, of counties, cities, towns and other municipal cor- 
 porations, when devoted entirely to public use and not held for pe- 
 cuniary profit, all public libraries, grounds, buildings, books, papers 
 and apparatus of literary, scientific, benevolent, agricultural and re- 
 ligious institutions and societies devoted exclusively to the appropriate 
 object of those institutions and not leased or otherwise used with a 
 view to pecuniary profit; and cemeteries not held for pecuniary profit. 
 Provided, That mines and mining claims shall pay a tax upon the 
 net product and upon the surface improvements only. 
 
 Sec. 19. (L. 1912, Ch. 77; L. 1913, Ch. 18.) — All money colleced 
 and not distributed by the treasurers and ex-officio collectors of the 
 several counties in the State on account of delinquent taxes accruing 
 prior to the year 1911 shall be distributed as follows; 
 
 That portion of said taxes levied for State purposes of any char- 
 acter shall be paid into the State Treasury and by the State Treasurer, 
 covered in the State Road Fund; all of the remainder of said taxes 
 shall be covered into the county road fund and county school fund; 
 provided, that the apportionment of said taxes as between the said 
 county road fund and the said county school fund shall be made 
 in the discretion of the county commissioners of each county; and, 
 provided further, that no part of said delinquent taxes shall be cov- 
 ered into said school fund or road fund until all valid floating in- 
 debtedness, outstanding and owing by the respective counties, evi- 
 denced by claims approved by the county commissioners prior to 
 January first, 1911, shall have been fully paid. And provided further, 
 that this act shall not extend to taxes heretofore levied for court 
 purposes and belonging to the court fund of any county in the State, 
 where, in the opinion of the judge of the district court of the district 
 in which such county is situate, certified to the treasurer of such 
 countj^ the court fund of any such county is insufficient with taxes 
 levied and collected since the year 1911, to hold court and properly 
 conduct the court business of such county. 
 
 Sec. 20. (L. 1909, Ch. 119.) — The terms and conditions of the 
 acts of Congress providing for the distribution among the states and 
 territories of the United States of a portion of the revenues derived 
 from forest reserves be and the same are hereby accepted. 
 
 — 35 — 
 
Sec. 21. Immediately after the passage and approval of this act 
 the Treasurer of the State of New Mexico shall transmit to the 
 treasurers of the various counties in which forest reserves are sit- 
 uated the proportion of money in his hands from the source herein 
 mentioned which shall be due such county, such proportion to be 
 based upon the number of acres of forest reserves in such county. 
 
 Sec. 22. Such moneys shall be applied in the different counties 
 to which the same is transmitted, one-half thereof to the credit of 
 the general county school fund and one-half to the credit of the 
 county road funds. Provided, That in the counties of Socorro and 
 Grant one-half of such moneys apportioned to said counties shall be 
 credited to the State Road Fund, instead of the county road 
 fund, and shall be expended under the supervision of the State 
 Road Commission upon roads within such counties to which such 
 funds may be apportioned. 
 
 Provided further. That the county commissioners of any county 
 desiring to co-operate with said State Commission in the building 
 of any public road may cause a special levy of five mills upon each 
 dollar of taxable property, the proceeds of which may be made avail- 
 able, subject to the expenditure under direction of said State Road 
 Commission. 
 
 Sec. 23. No officer shall receive any compensation for the receipt, 
 handling or disbursement of said funds, and any officer who shall ap- 
 ply said funds to any other purpose than the purpose mentioned 
 herein and in the. acts of Congress referred to shall forfeit treble the 
 amount so misapplied and shall be immediately removed from office. 
 
 Sec. 24. POLL TAX. (C. L. 1897, Sec. 1549, as amended by L. 
 1905, Ch. 61.) — A poll tax of one dollar shall be levied upon all 
 able-bodied male persons of the age of twenty-one years or over for 
 school purposes. It shall be the duty of the clerks of the various 
 school districts of the State of New Mexico to make out separate 
 lists of all persons liable to pay a poll tax, resident in their respective 
 districts, and the said clerk shall receive three dollars, to be paid 
 out of any funds in the hands of the directors of said school district 
 for such services, and no other person shall receive a recompense 
 for such service. It shall be the duty of the said school district 
 clerk to collect said poll tax and said clerk shall receive ten per 
 centum of all moneys collected from poll taxes. The school district 
 clerks are hereby empowered to bring suit in the name of the school 
 district for the collection of said poll tax, if not paid within thirty 
 days after the first demand has been made for the payment of same 
 from any person so delinquent. All poll taxes shall be paid to the 
 county treasurer for the use of the respective school districts in which 
 the same are collected, and the treasurer shall pay to the school dis- 
 trict clerk his percentage of the gross amount collected. Provided, 
 Ihat no poll tax shall be received by any district clerk from any resi- 
 dent of any other school district. No property shall be exempt from 
 execuion in suits for collection of poll taxes, and the justices of the 
 peace and contables shall not demand fees in advance of such suits. 
 
 Sec. 25. DUTY OF DISTRICT CLERK IN RESPECT TO POLL 
 TAX. — It shall be the duty of the school district clerks to make at 
 least four copies of the names of persons liable to pay poll tax, and 
 
 — 36 — 
 
on the first Monday in February he shall post one of said lists in 
 some conspicuous place in their respective districts for the informa- 
 tion of the people, and on or before the first Monday in April the 
 school district clerks shall report to the county clerk a complete list 
 of said persons liable to pay a poll tax in their respective districts, 
 and shall report said list to the county superintendent in writing, 
 and shall report to said superintendent the amount of poll tax col- 
 lected, from whom collected, the names of persons still delinquent 
 and the reasons for said delinquency, and further, one list of such 
 persons liable to pay a poll tax shall be filed in the office of said 
 clerks. 
 
 Sec. 2 6. FACILITATE THE COLLECTION OF POLL AND 
 ROAD TAXES. (L. 1907, Ch. 96.) — That any person, firm or cor- 
 poration having in his, theirs or its employ any male person or per- 
 sons required by law to pay a poll tax, or to do public work, shall 
 on demand of the clerk of the school board of any school district, 
 wherein such employes may reside and are required by law to pay a 
 poll tax, furnish to him a list of the names of all employes residing 
 in such school district liable by law to pay a poll tax; and on de- 
 mand of the road overseer of any precinct shall likewise furnish to 
 him a list of all employes residing in such precinct who are required 
 by law to work on the public roads therein; and if the clerk of any 
 school district or road overseer shall find on such list so furnished 
 to him, as hy this act provided, the name or names of any person 
 cr persons who have not paid his poll tax or work on the public 
 roads or paid a road tax in lieu of such work as required by law, 
 such clerk and road overseer respectively shall give to such employer 
 the names of all employes found by him on the list furnished as 
 herein provided, together with the statement of the amount of poll 
 tax or road tax, as the case may be, each employe is due and owing, 
 and thereupon every such employer shall pay to such clerk or road 
 overseer, as the case may be, the amount due and payable from each 
 employe, taking from the officer collecting the said poll tax or road 
 tax a separate receipt for the tax of each employe so paid, which 
 receipt shall be and become a complete and counter claim and set 
 off to the amount of their full face value in discharge of any obliga- 
 tion or any manner of indebtedness existing at the time, or which 
 may at any time thereafter exist and be owing to any such employe 
 by the employer paying the same. 
 
 Sec. 27. Any employer who shall refuse to furnish the lists of 
 employes or pay the poll or road tax, as provided in the preceding 
 section, shall be guilty of a misdemeanor, and on conviction thereof 
 before any justice of the peace having jurisdiction shall be punished 
 by a fine of not less than twenty-five dollars ($25.00) nor more than 
 one hundred dollars ($100.00) and the costs of the prosecution. 
 
 Sec. 28. PERSONS SERVING FIVE YEARS AS FIREMEN IN 
 STATE ENTITLED TO CERTIFICATE OP EXEMPTION FROM 
 CERTAIN TAXES AND MILITARY DUTIES. (C. L. 1897, Sec. 1763, 
 1764.) — Any person who has served five years as a fireman in this 
 State, as aforesaid, and who shall present to the clerk of the 
 county in which he resides the certificate or certificates of the presi- 
 dent, foreman or captain of the company or companies to which he 
 
 ^ 37 — 
 
may have belonged, countersigned by the secretary of the same, shall 
 have the said certificate or certificates recorded by said county clerk 
 in a book which he shall keep for that purpose, and it shall be the 
 duty of said probate or county clerk to return said certificate or certi- 
 ficates, tog'ether with his own, under seal, to said person entitled 
 thereto, setting forth the name of the company or companies of 
 which said person was a member and the length of time he had served 
 as such, for which the said clerk shall be entitled to a fee of one 
 dollar, to be paid by the person obtaining the certificate. Such 
 certificate shall be received in all courts and places as prima facie 
 evidence that said person is entitled to the exemption herein pro- 
 vided. If the president, foreman or captain of any such fire com- 
 pany shall knowingly grant or issue any illegal certificate under the 
 provisions of this act he shall be deemed guilty of a misdemeanor and 
 subject to a penalty in amount not less than fifty nor more than five 
 hundred dollars for each offense, to be collected before any court 
 having competent jurisdiction. 
 
 Stec. 29. MILITIAMEN IN GOOD STANDING ARE EXEMPT 
 FROM PAYMENT OF POLL TAX. (L. 1905, Ch. 101, Sec. 79.) 
 
 XX. scjhooij building. 
 
 Section 1. USE OF SURPLUS FUNDS. (L. 1899, Ch. 46, Sees. 2, 
 3; L. 1903, Ch. 37, Sees. 1-5.) — Sub. Sec. 1. Directors May Use Sur- 
 plus in General School Fund to Construct School Buildings. — When- 
 ever a petition signed by one-half of the qualified voters of such 
 the county treasury to the credit of any school district in the State, 
 outside of incorporated towns and cities, to the amount of not less 
 than two hundred dollars ($200.00) after all the expenses of main- 
 taining the schools in said district for teachers' salary, rent and other 
 expenses connected therewith, the said surplus or any part thereof 
 may be withdrawn by the directors of said school district and applied 
 by them to the procuring of a suitable site and the erection theeron of 
 proper school buildings, or for the repairing of any school building or 
 buildings for the use of such school district in the manner following. 
 
 Sub. Sec. 2. * Surplus Fund. Available "When. Duties of County 
 Superintendents, County Treasurer, and School Directors. — Whenever 
 a petition signed by one-half of the qualified voters of such school dis- 
 trict described in Section 1 of this act, as shown by the number of votes 
 cast in said district or precinct at the last general election, shall be 
 presented to the county school superintendent, praying that such sur- 
 plus money described in Section 1 of this act may be turned over to 
 the scuool directors of such school districts for the purpose of procur- 
 ing a site and erecting school building or buildings thereon, then it 
 shall oe the duty of said county school superintendent within ten days 
 after the receipt of said petition, to forward the same to the county 
 treasurer, who shall file the said petition and safely keep the same 
 among the records and archives o fhis office, and it shall be the duty 
 of said county treasurer to at once notify the school directors of such 
 scnuol district of the amount of money then on hand, subject to be 
 withdrawn for the purposes named; and thereafter the said treasurer 
 shall honor and pay all warrants drawn by such school directors 
 against such surplus fund for the purchase of site and erection of 
 
 — 38 — 
 
school houses theron, when the same are accompanied by itemized 
 and verified accounts and vouchers until the said surplus is exhausted; 
 and it shall be the duty of the school directors to open proper books 
 of account with the said fund, and enter therein all receipts and dis- 
 bursements on account of such fund; and it shall be their further duty 
 to take from persons to whom money may be due on account, itemized 
 and verified bills in duplicate, one of which shall be retained by said 
 board of directors, and the other shall be transmitted with the war- 
 rant drawn in payment thereof to the county treasurer of the county 
 in which said district is located. And the said school directors shall 
 in no event and under no pretext contract for or incur obligations on 
 such account beyond the amount of money available in the county 
 treasury for such purposes, nor shall they under any circumstances 
 incur any debt in the erection of such school house, or houses, or im- 
 provement or repair thereof except as provided in this Act. 
 
 Sub. Sec. 3. Proviso, "When Surplus Not Sufficient to Complete 
 Buildings. — In case there shall not be sufficient surplus moneys on 
 hand to purchase a site and complete the building or buildings con- 
 templated by the school directors under this act they are hereby au- 
 thorized to procure the site for school purposes and to commence the 
 erection of such building or buildings as they may deem necessary 
 and proper for the purposes herein named, and shall carry on the 
 construction thereof, so far as the moneys on hand for that purpose 
 will permit, as hereinbefore provided, and in case the term of office 
 of any such school directors or any member thereof shall expire, be- 
 fore the said buildings are completed, it shall be the duty of their 
 successor or successors to proceed with the work in the manner herein 
 provided until such work is completed. 
 
 Sub. Sec. 4. Failing to Vote Bonds, County Superintendent Shall 
 Order a Portion of the School Fund as School House Building Fund.— 
 In cases where the question of issuing bonds has been or shall 
 be submitted to the voters of any schools district, and shall fail to 
 carry, then the county superintendent of schools shall in writing 
 order the county treasurer to set aside such portion of the school fund 
 of such district, not less than one-fifth thereof, yearly, for the pur- 
 pose of eventually building a school house for such district, and such 
 fund shall be kept for such purpose only, and such superintendent 
 shall when in his opinion such fund is sufficiently large for the pur- 
 pose, order the school directors of such district to build such school 
 house, he to approve the contract therefor. 
 
 Sub. Sec. 5. Insurance of School Buildings. — The board of direc- 
 tors of any school district is empowered to expend, from the funds in 
 the treasury of said school district, any moneys necessary to properly 
 insure any school building or buildings in such school district. 
 
 Sub. Sec. 6. Failure of Officer to Carry Out the Provisions of This 
 Act. Penalty. — Any failure of any of the officers mentioned to carry 
 out the provisions in the letter and the spirit of this act with reference 
 to school buildings shall subject such officers to removal and to for- 
 feiture of their official bond for the benefit of such school district so 
 injured thereby, and any school director so offending shall be dis- 
 qualified to become his own successor in office either by electio"n or by 
 appointment for a period of one year from date of such removal. 
 
 — 39 — 
 
Any person failing to perform the duties required of them by this 
 act shall be guilty of a misdemeanor, and on conviction thereof shall 
 be punished by a fine of not less than one hundred dollars, or more 
 than five hundred dollars; and it is hereby made the duty of the 
 State Superintendent of Public Instruction to see that this act is 
 strictly enforced, and to make all proper complaints for violation 
 thereof; and it is further made the duty of all district attorneys to 
 vigorously prosecuate the same. 
 
 Sec. 2. STATE AID IN SCHOOL BUILDING. (L. 1913, Ch. 74.) — 
 Sub. Sec. 1. School Building Fund Created. — Any balance remaining 
 in the reserve fund created for the purpose of enabling school districts 
 to hold school for a term of five months, at the end of the school year 
 shall be set aside by the Treasurer of the State to the credit of the 
 "School Building Fund," which is hereby created. 
 
 Sub. Sec. 2. Application to State for Funds for Five Months 
 School; Endorsement; Approval. — Any school district already formed 
 or which may hereafter be formed in which the regular annual income 
 is insufficient for the maintaining of a school for a period of five 
 months, may make application to the Superintendent of Public In- 
 struction and Attorney General of the State on a form to be prepared 
 by said Attorney General, for sufficient funds out of the fund herein 
 created, to enable such district to build and construct a suitable school 
 house or houses, or to complete or properly furnish such school house 
 or school houses for the convenience and suitable education of the 
 children therein of compulsory school age; such application shall de- 
 scribe the boundaries of such district, give t he amount of taxable 
 property therein, its indebtedness already Issued and outstanding, the 
 number of school children therein who can be accommodated by such 
 school buildings and all other facts which may aid the State Superin- 
 tendent and the Attorney General in determining the advisability of 
 constructing, completing or furnishing such school building or school 
 buildings; said application shall be signed by the school directors of 
 the district and must, before presentation to the Spperintendent of 
 Public Instruction receive the endorsement of the superintendent of 
 schools, which said endorsement must appear on said application; 
 Provided, however, should the county superintendent of schools arbi- 
 trarily refuse to approve any such application, the directors may pre- 
 sent the same to the State Board of Education and said Board may, 
 after a hearing, if it finds the facts warrant, approve said application 
 without the endorsement of the county superintendent of schools. 
 
 Sub. Sec. 3. Approval of Application by State Officers; Payment 
 of Funds; School District Furnish Building Site and Labor. — If the 
 State Superintendent of Public Instruction and Jthe Attorney General 
 of the State approve said application they shall endorse thereon their 
 approval and cerify the amount allowed to the Auditor of the State 
 who shall draw his warrant in favor of the treasurer of the county in 
 which said district is situate to be by him credited to said school dis- 
 trict payable out of the fund herein created and the Treasurer of the 
 State shall pay said warrant, upon presentation, out of such fund. 
 Provided, That not to exceed ($300.00) three hundred dollars shall be 
 allowed for building or completing any school building nor more than 
 fifty dollars for furnishing any school room and in every case the 
 
 — 40 - 
 
school district receiving aid shall furnish in labor or money at least 
 one-third of the cost of the construction, completion, or furnishing of 
 the school building or buildings. Provided, further, the site for said 
 school building shall be provided by the school directors which district 
 must first procure title in fee simple to said site. 
 
 Sub. Sec. 4. Notice of Funds; Building Plans, Submission, 
 Changes, Approval; Building Contract.— As soon as the treasurer of 
 the county has placed the amount of the credit of the proper district, 
 he shall notify the county superitnendent of schools and the school 
 directors of said district of the amount of money then on hand, sub- 
 ject to be withdrawn for the purpose named herein. The directors 
 shall then prepare plans and specifications for buildings of the dis- 
 trict and submit such plans and specifications to the Superintendent of 
 Public Instruction and to the Attorney General of the State for their 
 consideration and approval and said Superintendent of Public Instruc- 
 tion and Attorney General shall make such changes in said specifica- 
 tions as will, in their judgment, serve the best interests of the district. 
 Upon the approval of the plans and specifications by said Superintend- 
 ent of Public Instruction and Attorney General, it shall be the duty of 
 the Board of School Directors acting in conjunction with the county 
 superintendent of schools to call for sealed bids for the construction, 
 completion or furnishing of said school building or buildings, allow- 
 ing at least thirty days for filing bids with adequate notice of the date 
 and place of opening. At the time and place specified, the county 
 superintendent and the board of school directors .shall open said bids 
 and award the contract for building, completing, or furnishing asid 
 school house or school houses as, in their judgment, the best interests 
 of the district may require. And it shall be the duty of said county 
 superintendent and school directors to require a sufficient bond of the 
 contractor for the full and faithful compliance with the terms of the 
 contract. 
 
 Sub. Sec. 5. Warrants, Approval and Payment; Accounts; Ex- 
 penditures Limited. — The treasurer of the county shall honor and pay 
 all warrants drawn by the board of school directors against the fund 
 placed to the credit of its district; as herein provided, only when such 
 warrants are approved by the county superintendent of schools as in 
 the case of warrants drawn Dy school directors for payment of the 
 -current expenses of the district. It shall be the duty of the county 
 superintendent before approving any such warrant to require itemized 
 and verified bills in duplicate, one of which shall be retained by the 
 county superintendent and the other sha.ll be transmitted with the 
 warrant drawn in payment thereof to the county treasurer of the 
 county in which said district is located. And the said school directors 
 shall in no event and under no pretext contract for or incur obliga- 
 tions on such account beyond the amount of money available in the 
 county treasury for such purposes.. 
 
 Sub. Sec. fl. Misuse of Funds Is Emlaezzlement; Penalty. — Any 
 official, into whose hands any of the money or funds herein provided 
 for, shall come, who shall use any portion of such money or funds, 
 for any purpose, other than the purpose herein specified and provided 
 for, shall be deemed guilty of embezzleinent, and upon conviction shall 
 be punished by a fine of not more than one thousand dollars or by 
 
 — 41 - 
 
imprisonment for not more than five years, or both and in addition 
 thereto shall be summarily removed from office by the court imposing 
 sentence and shall thereafter be ineligible to hold any office of trust 
 or profit in the State. 
 
 Sub. Sec. 7. School District Shall Repay Funds to State. — Any 
 district, receiving money or funds as provided for in this Act, shall, in 
 each year when there is a surplus remaining in the district fund after 
 the expenses for maintaining a five months' term have been paid, 
 pay such surplus to the Treasurer of the State until the amount of 
 money advanced to said district for the purpose of constructing, com- 
 pleting, or furnishing any school house or houses, shall have been 
 refunded, and the money so refunded shall be by the Treasurer of the 
 State credited to the fund herein created and may be paid out as 
 other moneys of such fund. 
 
 Sub. Sec. 3. Regarding the Issuance of Bonds by School Districts. 
 — School directors shall have power and authority to borrow money 
 for the purpose of erecting and completing school houses by issuing 
 negotiable bonds of the district, to run any period of not less than 
 twenty years nor exceeding thirty years, drawing interest at a rate 
 not to exceed six per centum per annum, with interest payable semi- 
 annually, at such a place as the board of directors issuing the same 
 may direct, w.hich said indebtedness shall be binding and obligatory 
 on the school districts for the use of which said loan shall be made; 
 but no district shall permit a greater outstanding indebtedness than 
 an amount equal to six per centum of the assessed value of the 
 property of such district. 
 
 Sub. Sec. 4. Issuing of Bonds to Be Determined by Qualified 
 Electors. Term and Disposition of Bonds. — That the directors of 
 any school district may submit to the voters of their district at the 
 annual or any special meeting called for that purpose, the question 
 of issuing bonds as contempalted by this act, giving the same notice 
 of such meeting as is now required to be given for the election of 
 directors by this act, and the amount proposed to be raised by the 
 sale of such bonds, which question shall be voted upon by the qualified 
 electors of the district, and if a majority of all the votes cast upon 
 that question be in favor of the issue of such bonds, then said board 
 shall issue bonds to the amount voted in denominations of not less 
 than twenty-five dollars nor exceeding five hundred dollars, due nor 
 less than twenty nor more than thirty years after date and redeem- 
 able at the pleasure of the district at any time after ten years, which 
 said bonds shall be given in the name of the district issuing them 
 and shall be signed by the president of the board of directors to the 
 county treasurer, taking his receipt therefor, and said county treas- 
 urer shall advertise for the sale of said bonds to the highest bidder 
 in at least four issues of some weekly paper published in his county, 
 or an adjoining county, and shall conutersign said bond when nego- 
 tiated; the county treasurer shall place the proceeds of such sale 
 of bonds to the credit of the proper district, to be paid out as pro- 
 vided for in the manner of special district tax. The county treasurer 
 shall stand charged upon his official bond with all bonds that may 
 be delivered to him, but any bon dor bonds not sold may be returned 
 to the district and the treasurer credited with the same. Provided, 
 
 — 42 - 
 
That if such bonds are issued for the building of a school house, 
 that the contractor constructing the same may receive in payment 
 such bonds at their face value, or at the price offered by the highest 
 bidder. Provided further, That none of the bonds mentioned in this 
 act shall be sold for less than ninety cents on the dollar. 
 
 Sub. Sec. 5. Upon Petition, County School Superintendent to Sub- 
 mit the Question of Issuing Bonds to a Vote. — The county superin- 
 tendent of schools for each county in this state shall have power 
 in cases w^here any school district in his county does not own a school 
 house, upon a petition signed by twenty residents of such school 
 district, being each the head of a family and having children of 
 school age in the family, to order the school directors of such school 
 district to submit the question of issuing bonds of such district for 
 the purpose of building a school house, as provided, to the voters 
 of such school district and for failure or refusal so to do such super- 
 intendent shall remove any or all of such directors from office and 
 appoint others of his own choosing in their place. 
 
 Sec. 3. BONDS ISSUED FOR PURCHASING SITE AND FOR 
 BUILDING AND FURNISHING SCHOOL HOUSE. (Const., Art. 9, 
 Sec. 1; C. L. 1897, Sees. 1541, 1542, 1584-1590; L. 1899, Ch. 46, Sec. 1.) 
 —Sub. Sec. 1. That every school district, w.hether organized under 
 the name of "school district" or under the name of "board of educa- 
 tion," shall have power and authority to borrow money for the pur- 
 pose of erecting and furnishing school buildings and purchasing school 
 grounds, but, such powe ror authority shall exist olny when the prop- 
 osition to create ihe debt shall have been subnaitted to the qualified 
 electors of the district and approved bj^ a majority of those voting 
 thereon. No such school district shall ever become indebted in an 
 amount, including existing indebtedness, exceeding six per centum on 
 the assessed valuation of the taxable property within the district, as 
 shown by the preceding general assessment. 
 
 Sub. Sec. 2. All laws relating to issuing and payment of bonds, 
 interest thereon and elections to authorize the same shall be and 
 remain in force as though this act had not been passed, except the 
 provisions of said laws which are in conflict with the provisions of 
 this act. 
 
 Sub. Sec. 6. Election May Be Ordered for Issuing Bonds. Terms 
 of Bonds. — Any city or incorporated town in this State which shall, 
 by the action of its common council, trustees or school directors, 
 have purchased any ground and building or buildings, or may here- 
 after commence the erection of any building or buildings for school 
 purposes ,or which shall have, by its school directors, common council 
 or trustees, contracted any debts for the erection of such building 
 or buildings or the purchase of such ground and building or buildings, 
 or such school directors, trustees or common council shall not have 
 the necessary means with which to complete such building or build- 
 ings or pay such debt, may on filing by the school directors, trustees 
 or common council of said city or town of a report under oath with 
 the board of education of such city or town, showing the estimated or 
 actual cost of any such ground and building or buildings, or the 
 amount required to complete such building or buildings, or purchase 
 s^uch ground and building or buildings or the amount of such debt 
 
 — 43 - 
 
it shall be lawful for the board of education to order an election for 
 the issuing of bonds of said school district in said city or town to 
 an amount to liquidate such proposed indebtedness. And the said 
 boards of education are hereby authorized and empowered to issue 
 such bonds in conformity with the requirements and in like manner 
 that school bonds are issued. And the said boards of education are 
 authorized and empowered to issue bonds to raise funds for the 
 purchase of school site or sites or to erect a suitable building or 
 buildings thereon, or to fund any bonded indebtedness for school 
 purposes of such city or town. Provided, That no bonds shall be 
 issued until the question shall be submitted to the people and a ma- 
 jority of the qualified electors who shall vote on the question, at an 
 election called for that purpose, shall have declared by their votes in 
 favor of issuing such bonds. The rate of interest on such bonds shall 
 not exceed six per cent per annum, payable annually or semi-annually 
 at such place as may be mentioned upon the face of said bonds, which 
 bonds shall be payable in no less than twenty nor more than thirty 
 years from their date, and the board of education is hereby authorized 
 and empowered to sell such bond sat not less than par. 
 
 Sub. Sec. 7. Elections to Vote Bonds. How Cancelled. Returns. 
 —It shall be the duty of the mayor of each city or town governed 
 by this act, upon the request of the board of education, forthwith to 
 call an election, to be conducted in all respects as are the elections 
 for city or town officers in the same cities or towns, except that the 
 returns shall be made to the board of education for the purpose of 
 taking the sense of such district upon the question of issuing such 
 bonds, naming in the proclamation of such election the amount of 
 bonds asked for, and the purpose for which they are to be issued. 
 
 Sub. Sec. 8. Bonds. By Whom Executed and What They Shall 
 Specify.— The bonds, the issuance of which is provided for in the 
 foregoing section, shall be signed by the president, attested by the 
 clerk and countersigned by the treasurer of the board of education, 
 and said bonds shall specify the rate of interest and the time when 
 principal and interest shall be paid, and each bond so issued shall 
 be for a sum not less than fifty dollars. 
 
 Sub. Sec. 9. Tax Levy for Interest and Sinking Fund. — The board 
 of education at the time of its annual levy of taxes for the support 
 ol schools, as hereinbefore ^provided, shall also levy a sufficient 
 amount to pay the interest as the same accrues on all bonds issued 
 under the provisions of this act, and also to create a sinking fund for 
 the redemption of said bonds, whch it shall levy and collect, in 
 addition to the rate per cent authorized by the provisions aforesaid 
 for school purposes, and said amount of funds, when paid into the 
 tieasury, shall be and remain a specific fund for said purpose only, 
 and shall not be appropriated in any other way except as hereinafter 
 provided. Provided, There shall be no levy for sinking fund until 
 ten years after the issue of such bonds, if they be for twenty years; 
 and twenty years after the issue if they be for thirty years and the 
 levy in one year shall not exceed five mills on the dollar for such 
 sinking fund, and the total levy in anj' one y^ar shall not exceed 
 ten mills on the dollar for all purposes. Provided further. That the 
 levy for interest on such bonds as may be issued by such city or town 
 
 — 44 — 
 
shall not exceed in any one year an amount required to pay the 
 annual interest. (See Chap. 51, L. 1912.) 
 
 Sub. Sec. 10. Coupons to Be Promptly Paid, and How Cancelled. 
 — Whenever the interest coupons of the bonds hereinbefore author- 
 ized shall become due they shall be promptly paid on presentation 
 by the treasurer out of any money in his hands collected for that 
 purpose, and he shall endorse upon the face of such coupons in 
 red ink the word "paid" and the date of payment, and sign the ini- 
 tials of his name. 
 
 Sub. Sec. 11. School Funds and Property Pledged in Payment 
 of Interest. — The school fund and property of such city or town and 
 territory attached for school purposes is hereby pledged to the pay- 
 ment of the interest and principal of the bonds mentioned in this 
 Act as the same may become due. 
 
 Sub. Sec. 12. Duty of Clerk to Register Bonds. — It shall duty 
 of the clerk of the board of education to register, in a book provided 
 for that purpose, the bonds issued under this act and all warrants 
 issued by the board, which said register shall show the number, 
 date and amount of said bonds, and to whom may payable. 
 
 XXI. MISCELiIiANEOUS, 
 
 (Const., Art. 7; Const., Art. 8, Sec. 13; CJonst., Art. 12, Sees. 9, 10; 
 
 Const., Art. 21, Sec. 4; C. L. 1897, Sec. 1556, amended by Ch. 78, 
 
 L. 1901; C. L. 1897, Sec. 1557; L. 1907, Ch. 97, Sees. 27, 29; L. 
 
 1913, Ch. 70.) 
 
 Ssection 1. The public schools shall be open to all the children 
 of the state and free from sectarian control and said schools shall 
 always be conducted in English. 
 
 Sec. 2. ACTUAL RESIDENTS PERMITTED TO ATTEND 
 SCHOOL REGARDLESS OF RACE OR NATIONALITY. — All unmar- 
 ried persons between the ages of five and twenty-one years of age 
 who are actual residents of a district shall be permitted to attend 
 school in the same, regardless of the time when they acquire such 
 residence, whether before or after the enumeration. That any 
 teacher, school directors or members of any board of education con- 
 nected with the common schools in this State who shall refuse to re- 
 ceive any pupil at school on account of race or nationality, the said 
 pupil being entitled to attend school in said district as hereinbefore 
 provided, shall be guilty of a misdemeanor, and upon conviction be- 
 fore any justice of the peace or district court shall be fined in a 
 sum of not less than fifty dollars nor more than one hundred and 
 imprisoned in the county jail for three months, and shall be forever 
 barred from teaching school or to hold any office of honor or profit 
 in this State. The superintendent of the county is by this act re- 
 quired to summarily remove from office or employment any person 
 violating the provisions of the preceding section and upon failure to 
 do so he shall be removed from office by the Superintendent of Pub- 
 lic Instruction, who is hereby authorized and empowered to fill said 
 vacancy. 
 
 Sec. 3. Children of Spanish descent shall never be denied the 
 right and privilege of admission in the public schools or other public 
 
 — 45 - 
 
educational institutions of the state and they shall never be classed 
 in separate schools, but shall enjoy equality with other children. 
 
 Sec. 4. No religious test shall ever be required of any teacher or 
 student in any public school or state educational institution, and no 
 teacher or student of such school or institution shall ever be required 
 to attend or participate in any religious service. 
 
 Sec. 5. DEFINITION OF SCHOOL DAY AND MONTH. — The 
 school month shall consist of four weeks of Ave each and a school 
 day shall consist of six hours. 
 
 Sec. 6. TUITION. — A board of school directors or board of edu- 
 cation may admit non-resident pupils to the school or schools under 
 its charge provided school accommodations are sufficient to justify 
 the same, and may determine the rate of tuition for such pupils and 
 collect the same, which tuition shall not be greater than twenty 
 (20%) per cent more than the average cost per capita for education 
 based on the average number of pupils belonging to the school 
 throughout the previous school term. When non-resident pupils, 
 their parents or guardians, pay a school tax in any district such pupils 
 shall be admitted to the school of such district, and the amount of 
 such school tax shall be credited on their tuition in a sum not to 
 exceed the amount of such tuition and they shall be required to 
 pay tuition only for the difference therein. 
 
 Sec. 7. PROPERTY PRESENTED TO EDUCATIONAL INSTI- 
 TUTIONS OR COMMON SCHOOLS. — In case any person or persons 
 shall will, bequeath or in any other way donate money or other 
 property for the benefit of any kind of public educational institution, 
 school district or other educational interest it shall become the duty 
 of the district court of the district in which the beneficiary of such 
 benefaction is located to see to it that said benefaction is sacredly 
 conserved and administered in accordance with the terms and wishes 
 of the donor or donors; Provided, That if said donor or donors 
 have not provided for or named the executors of their wishes the 
 judge of said district court shall appoint three proper persons, under 
 sufficient bond, to administer the same. 
 
 Sec. 8. All school elections shall be held at different times from 
 r ther elections. 
 
 Sec. 9. Every male or female citizen of the United States who 
 is over the age of twenty-one years and has resided in New Mexico 
 twelve months, in the county ninety days and in the district in which 
 he offers to vote thirty days next preceding any school election, ex- 
 cept idiots, insane persons, persons convicted of a felonious or in- 
 famous crime, unless restored to political rights, and Indians not 
 taxed shall be ' qualified voters and entitled to vote at all school 
 elections, provided, that if a majority of the qualified voters of any 
 school district shall, not less than thirty days before any school 
 election, present a petition to the board of county commissioners 
 against women suffrage in such district, the provisions of this sec- 
 tion relating to women suffrage shall be suspended therein and such 
 provision shall become again operative only upon the filing with said 
 board of a petition signed by a majority of the qualified voters favor- 
 ing the restoration thereof. The board of county commissioners 
 
 — . 46 — 
 
shall certify the suspension or restoration of such suffrage to the 
 proper school district. 
 
 Sec. 10. Women possessing the qualifications required of male 
 electors shall be eligible to hold the office of county school superin- 
 tendent, school director and member ot a board of education. 
 
 Sec. 11. Boards of education or school directors, when letting a 
 contract for public school buildings shall require of the contractor 
 a good and sufficient bond for the faithful execution of said contract. 
 And the clerks of said boards outside of incorporated cities, towns 
 and villages are required to .make to the county superintendent, from 
 time to time, as the superintendent may require, an itemized state- 
 ment, under oath, of the cost of labor and material used and work 
 done, where practicable, and apparatus required and used for con- 
 structing and furnishing said building, and school directors are 
 further required to consult with and solicit the co-operation of county 
 superintendents whenever it becomes necessary to purchase furni- 
 ture, fixtures, etc., for the district schools, and the members of boards 
 of education and school directors and clerk thereof are hereby pro- 
 hibited from acting as the agent for any person or firm engaged 
 in the selling of school furniture, apparatus, etc., or to receive any 
 commission attending the purchase of such furniture, apparatus, etc., 
 for use in their respective districts; and all persons identified in an 
 official capacity with the public schools or with the higher educa- 
 tional institutions supported in whole or in part by the public funds 
 of this State are hereby prohibited from being a party directly or 
 indirectly to. any contract or interestetd in any conract in connection 
 with the operation or maintenance of such public schools or higher 
 educational institutions; and any contract in which they are so in- 
 terested shall be void, and the members of any educational board 
 voting for the same shall be guilty of a misdemeanor and liable to 
 punishment accordingly. 
 
 Sec. 12. No execution shall be issued against any school district 
 or board of education, or against any officer of a school district or 
 board of education upon any judgment against him in his official 
 capacity, and for which the school district or board of education is 
 liable, but the same shall be paid out of the proceeds of a tax levy. 
 
 Sec. 13. Any member of the board of education, county school 
 superintendent or other school officer who may violate the provisions 
 of this act or other acts concerning their powers and duties in con- 
 nection with school matters or who shall not faithfully perform all 
 such duties imposed under and by virtue of the law shall, on convic- 
 tion thereof, be fined in a sum not less than twenty-five dollars 
 ($25.00) nor exceeding five hundred dollars ($500.00). 
 
 Al 
 
Gaylord Bros. 
 
 Makers 
 
 Syracuse 
 
 N. Y. 
 
 PAT. JAN. 2U 1908 
 
 * ^ ,>" 're '^ • -. 
 
 
LIBRARY OF CONGRESS 
 
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