tory, to exercise a general control over teachers' institutes, and to perform such other duties pertaining to matters of education as may hereinafter be provided by law.

Sec. 3. County Teachers' Certificates.-The territorial board of education is hereby empowered to issue three grades of county teachers' certificates, to be known as first grade, second grade and third grades 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 Territory. The said examination shall be held at such times, at such places, and in such manner as said board deems most expedient. The examination 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 the 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. To pay the service of such person or persons eight hundred ($800.00) dollars is hereby set aside annually, or so much thereof as is necessary, out of the funds arising from the rental of common school lands of the Territory. The territorial 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 Territory. A third grade certificate entitles the holder thereof to teach for one year, second grade two years, and first grade, three years, respectively. All certificates shall be void at the expiration of the term for which they were issued. The county superintendents are hereby authorized to renew first grade 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. 4. Territorial Teachers' Certificates.-The territo

rial board of education is hereby authorized to issue territorial teachers' professional certificates to persons whom it. may deem qualified by reason of moral character, academic scholarship, knowledge of the theory and art of teaching and actual practice in teaching. Holders of the certificates who posses a certificate of attendance upon some county normal institute or summer school as herein provided by law, shall be entitled, without further examination, to teach in any of the public schools of New Mexico for the period of time designated therein.

The territorial board of education is hereby empowered to. officially endorse teachers' certificates granted in States and other 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 territorial board of education, in New Mexico territorial 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 Territory as a legal certificate for the period of time designated therein.

Sec. 5. Temporary Permits to Teach.-The superintendent of public instruction is hereby authorized to issue, pending the regular examination of teachers permits to teach in the public school of the Territory, to persons whose credentials as to ability and experience in teaching properly certi fied to are deemed sufficient to meet the requirements 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 res pective counties, and certificates so issued by county school superintendents shall be good only in the county whereissued, 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. 6. Teachers Institutes.-The county superintendents 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 superintendents of the public schools with the advice and consent of the territorial superintendent 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

conductor or instructor who does not hold a certificate from the territorial board of education authorizing him or her to do So. It shall be compulsory upon all persons who expect to teach in any school district, independent district or incorporated town, city or village, to attend the county institute or to show a certificate of attendance upon some county institute or summer school approved by the superintendent of public instruction held within the year. The territorial board of education is hereby forbidden to issue a certificate to any person who refuses to comply with the provisions 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 approved by him and by the superintendent of public instruction, may be excused from such attendance. Frovided, further, The territorial board of education is hereby empowered to excuse such persons from attending the county teachers' institute as in its judgment it deems eminently qualified to teach by reason of their professional scholarship 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 territorial board of education is hereby empowered to issue a course of study for teachers' institutes. Authority is hereby 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 place 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 superintendents, subject to the approval of the territorial 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 rospective counties not less than one hundred ($100.00) 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 purpose. At each session of the teachers' institute the county superintendent, upon the advice and consent of the territorial superintendent of public instruction 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 Funu," and the county treasurer shall be its custodian, but he shall not receive any 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, countersigned 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.

Sec. 7. Revoking Certificates.-The territorial board of education is hereby empowered to revoke certificates of conductors and instructors of teachers' institutes, territorial teachers' professional certificates, county teachers' certifi cates, and city teachers' certificates issued 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 services of counsel.

Sec. 8. Legally Qualified Teacher.-A legally qualified 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 school, approved by the territorial 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 Territory. Any county superintendent, member of a board of school directors, member of a board of education, county treasurer, or other person, who shall directly or indirectly cause the public 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) dollars nor more than five hundred ($500) dollars for each and every offense, and may be removed from office in the manner provided by law.

Sec. 9. Text Books.-The territorial 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 Territory, 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 Territory. The board of education shall have power to contract with the publisher or publishers of text books adopted for use in the public schools of New Mexico, in the name of the Territory and through the super- .

intendent 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 four years and the first contract under this act shall not be entered into between the publishers and the Territory later than June 15, 1907.

If the territorial board of education shall violate the prohibition in this Section contained against changing within a period of four years text books adopted by such board, or if such territorial board of education, the superintendent of public instruction, any county superintendent, or any board of school directors, or board of education in this Territory shall knowingly permit, in any of the first eight grades of the public schools of this Territory, the use of any text book or books other than such as are adopted by the territorial board of education, upon conviction thereof, the person or persons covicted shall be punished by a fine of not less than ten (10.CO) dollars nor more than one hundred (100.00) dollars; Provided, That nothing herein contained shall prevent the use of text books, approved by the territorial board of education or the territorial superintendent of public instruction, suplementary to the regularly adopted text books.

TERRITORIAL SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 10. Appointment, Term, Salary, Oath.-At the expiration of the term of office of the present superintendent of public instruction and every two years thereafter, the gov ernor shall appoint, by and with the advice and the consent of the council, a duly qualified person as superintendent of public instruction, who shall hold his office for two years and until his successor is appointed and has qualified. Salary of said superintendent shall be twenty-four hundred ($2,400.00) dollars per annum, payable monthly on the warrant of the auditor drawn upon the territorial treasurer. Said superintendent of public instruction shall before entering upon the duties of his office, 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 the Territory.

Sec. 11. General Powers and Duties.-The superintendent of public instruction shall have general supervision of public education, and it shall be his duty to visit the territorial educational institutions and to meet with governing boards of said institutions at least once in each year. shall have supervision over rural schools, acting through the county superintendents, who shall be responsible to the superintendent of public instruction for faithful performance

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