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and one other person to be appointed by the Governor of New Mexico."

Sec. 2. That all acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage

CHAPTER 55.

AN ACT CREATING FOUR ARMORY BOARDS OF CONTROL AND

PROVIDING FOR THE CONSTRUCTION OF ARMORIES IN THE
CITIES OF SANTA FE, ROSWELL, SILVER CITY AND LAS CRU-
CES. H. B. No. 173; Approved March 20, 1907.

CONTENTS.

Sec. 1. Creating four armory boards of control.
Sec. 2. Boards of Control. Composed of whom.
Sec. 3. Duty of Boards of Control.
Sec. 4. When appointed. Term.
Sec. 5. Corporate name.
Sec. 6. Date of meetings. Officers. No compensation.
Sec. 7. Treasurer to give bond and take oath.
Sec. di Bond issue authorized. Disposition of funds.
Sec. 9. Tax for payment of interest. Tax for payment of principal.
Sec. 10. No bonds to be issued unless deeds are recorded for lands in different

cities.

Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. For the purpose of providing suitable buildings for the use of the National Guard organizations located in the cities of Santa Fe, Silver City, Las Cruces and Roswell, there are hereby created four Armory Boards of Control, to be appointed by the governor of the Territory as hereinafter provided.

Sec. 2. The adjutant general of the Territory and four commissioned officers of the National Guard stationed at Santa Fe, shall constitute the board having supervision of the armory located at Santa Fe; the adjutant general of the Territory and four commissioned officers of the National Guard stationed at Las Cruces, shall constitute the board hav. ing supervision of the armory located at Las Cruces; the ad. jutant general of the Territory and four commissioned officers of the National Guard stationed at Silver City, shall constitute the board having supervision of the armory located at Silver City; the adjutant general of the Territory and four commissioned officers of the National Guard stationed at Roswell, shall constitute the board having supervision of the armory located at Roswell: Provided, That in case there shall not be four commissioned officers of the National Guard stationed in any of the above named cities, other citizens residing therein shall be selected in lieu thereof.

Sec. 3. It shall be the duty of the said boards of control to contract for and to superintend the erection of said armory buildings, and thereafter administer the affairs pertaining to such buildings for their respective cities.

Sec. 4. Within thirty days after the passage of this act, the four commissioned officers of each board or persons named in lieu thereof as herein provided for, shall be appointed to serve as follows: One to serve one year, one to serve two years, one to serve three years, and one to serve four years; and thereafter one appointment shall be made annually for the term of four years.

Sec. 5. Each board of control, and its successors in office shall constitute a body corporate under the name of "Armory Board of Control", with name of city where located as a prefix, and shall have all the privileges of a body corporate.

Sec. 6. Each board of control shall meet in its respective city and organize not later than the second Tuesday in May, 1907. The officers of each board shall be a president, who shall be the ranking officer of the national guard in his respective city and a secretary and a treasurer who shall be elected by the board from its members. The board shall adopt such rules and regulations as may be necessary to accomplish the objects for which it is organized. Three members shall constitute a quorum for the transaction of business. The members and officers of said boards, as such, shall serve without compensation.

Sec. 7. The treasurer of each board of control shall, before entering upon the duties of his office execute a good and sufficient bond to the Territory of New Mexico in the sum of two thousand dollars ($2000), conditioned upon the faithful discharge of his duties which said bond shall be approved by the Governor of the Territory and shall be filed with the Secretary of the Territory.

Sec. 8. For the purpose of providing funds for the erection of said Armory buildings in the cities of Santa Fe, Silver City, Las Cruces and Roswell, an issue of coupon bonds of the Territory of New Mexico is hereby authorized, to the amount of forty thousand dollars to be known as “Armory Building Bonds of the Territory of New Mexico." Such bonds shall be in the usual form of coupon bonds, payable to bearer, and in the denomination of one thousand dollars ($1000)

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each, and shall be dated April 1st 1908, and shall bear interest at the rate of four per centum per annum payable semiannually, on the first days of April and October, principal and interest shall be payable at the National Bank of Commerce in the City of New York; such bonds shall be payable in thirty years from their date with the right of the Territory to pay them at any time after twenty years from their date. Such bonds shall be signed by the Governor and Treasu er and countersigned by the Auditor of Public Accounts of the Territory of New Mexico, and the coupons may have the lithographed or engraved facsimile signature of the territorial treasurer, and the Secretary of the Territory shall affix the Great Seal of the Territory to the bonds, and the bonds shall be duly registered in the territorial bond registers in the offices of the auditor and treasurer by those officers. The bonds shall be duly advertised and sold by the territorial treasurer to the highest and best bidder for not less than their par value and the proceeds of such sale shall be turned into the territorial treasurer. The necessary expenses of the printing, advertising and selling the bonds shall be paid of the proceeds of the sale of the bonds. The proceeds of the sale of the bonds shall be disbursed as follows: One fourth thereof upon the order of the Santa Fe Armory board of control; one fourth thereof upon the order of the Silver City Armory board of control; one fourth thereof upon the order of the Las Cruces Armory board of control, and one fourth thereof upon the order of the Roswell board of control for the construction of the Armory buildings herein provided for.

Sec. 9. To provide for the semi-annual interest of the bonds authorized in Section 8, the auditor shall levy annually at the time of levying other territorial taxes beginning with the year 1908, such a tax on all taxable property in the Territory of New Mexico, as may be necessary to produce the amount of such interest; to provide for the payment of the bonds, the auditor shall levy annually beginning with the year 1928, such tax on all the taxable property in the Territory of New Mexico, as will be sufficient to pay all the bonds at or before their maturity, such levy to be made at the same time and in the same manner as other territorial tax levies are made, and duly certified, to the proper authorities charged with the levy of taxes in the several counties of the Territory of New Mexico, whose duty it shall be to see that said levies are duly made, assessed and collected; Provided, That upon default in the payment of the interest coupons of the bonds herein authorized, that the said defaulted coupons shall be received in payment of any taxes due the Territory, upon

presentation to the tax collector of any county in the Territory.

Sec. 10. No action for the preparation or sale of the bonds provided for in Section 8 shall be taken until deeds for sites, not less than fifty feet by one hundred and forty-two feet in each city and located satisfactorily to the boards of control of their respective cities, the title to which has been approved by the attorney general, shall have been delivered to the Secretary of the Territory, and which said sites shall be furnished free of expense to the Territory of New Mexico, nor until this act has been duly approved or authorized by the Congress of the United States of America.

Sec. 11. This act shall be in force and effect from and after its passage.

CHAPTER 56.

AN ACT FIXING THE TIMES OF HOLDING DISTRICT COURTS IN

OTERO AND OTHER COUNTIES. H. B. No. 155; Approved
March 20. 1907.

CONTENTS.

Sec. 1. Fixing terms of court in Counties of Otero, Guadalupe, Lincoln, Quay and

Torrance. Sec. 2. Writs returnable at times fixed in Section 1. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That the terms of the district court shall be held in the County of Otero, on the first Mondays in March and September; in the County of Guadalupe, on the first Mondays in April and October; in the County of Lincoln, on the first Mondays in May and November; in the County of Quay, on the third Mondays in April and October; in the County of Torrance, on the second Mondays in June and December of each year..

Sec. 2. Every writ, summons, bond, recognizance, subpoena, or other process in criminal cases of any of the district courts of the counties mentioned in the preceding section which by its terms is returnable to any different time than designated in said first section, is hereby made returnable at the time designated in said first section hereof.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after the first day of July, 1907.

CHAPTER 57.

AN ACT PROVIDING APPELLATE PROCEDURE IN CIVIL AND

CRIMINAL CASES. H. B. No. 146; Approved March 20, 1907.

CONTENTS.

Sec. 1. Appeals and writs of error. When allowed.
See. 2. Appeals.
Sec. 3. Writs of error.
Sec. 4. Parties to join in appeals and writs of error.
Sec. 5. Parties precluded from bringing appeal or writ of error, when.
Sec. 6. When cause shall proceed without all parties.
Sec. 7. Persons permitted to join in appeal or writ of error.
Sec. 8 Survivors may appeal or bring writ of error.
Sec. 9. Death of party before.error assigned.
Sec. 10. Death of party after assignment of errors.
Sec. 11. Death of all plaintiffs.
Sec. 12. Death of all defendants.
Sec. 13. Supreme court to substitute parties.
Sec. 14. Cost bond to be given.
Sec. 15. Supreme court shall prescribe by rule. Taxable costa,
Sec. 16. Supersedeas.
Sec. 17. When no supersedeas bond required.
Sec. 18. Supersedeas discretionary in certain cases.
Sec. 19. Supreme court sessions.
Sec. 20. The return day.
Sec. 21. Filing transcript and assigning error.
Sec. 22. The record proper.
Sec. 23. The præcipe for record.
Sec. 21. When testimony is part of record without bill of exceptions.
Sec. 25. The bill of exceptions.
Sec. 26. Making up bill of exceptions and settling same.
Sec. 27. Compensation of stenographer.
Sec. 28. When stenographer's notes not available.
Sec. 29. May take up a portion of the record by agreement
Sec. 30. May take up agreed statement of case and facts proven.
Sec. 31. Transcript may contain only a portion of entire record or evidence, without

agreement
Sec. 32. Certiorari for dimioution of record. When made.
Sec. 33. When a diminution of the record may be supplied.
Sec. 34. Printing the record.
Sec. 31. Filing copies of transcript when recorded not printed.
Sec. 38. When return day and time for settling bills of exception may be extended.
Sec. 37. Review of exceptions taken.
Sec. 38. Decisions on face of record.
Sec. 33. Court may award damages to appellee.
Sec. 4). Court may award execution or remit record.
Sec. 41. Judgment against sureties.
Sec. 42, Supreme court may file opinion in vacation.
Sec. 43. Supreme court shall make rules
Sec. 14. Clerk shall print calendar.
Sec. 45. What calendar shall show.
Sec. 16. Appellate procedure in criminal cases.
Sec. 47. Appeals allowed in criminal cases.
Sec. 48. Appeals by Territory.

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