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so appointed shall hold his office until the next regular elec. tion as herein provided.
Sec. 14. Such board may fix and pay to its members a reasonable salary, not to exceed fifty ($50) dollars to any member in any one year.
Sec. 15. If any person or persons shall hold in possession, or claim in private ownership, within the exterior boundaries of such land grant, any tract, piece or parcel of land, to which in the opinion of such board he has no right or title, such board may institute an action of ejectment against him, and if upon the trial it shall appear that such possession is without right, judgment shall be rendered in favor of such board for the possession thereof and for such damages as it may have proved for the wrongful detention thereof.
Sec. 16. The several courts of this Territory shall entertain bills of complaint filed by any such board to enjoin persons from trespassing upon the common lands or using the common waters within such grant, if it shall appear that the complaint is without a plain, speedy and adequate rem edy at law, or that the persons committing such trespasses are insolvents or unable to respond in damages.
Sec. 17. Process in all actions or suits against such board shall be served upon the president, or in his absence upon the secretary.
Sec. 18. The election of such board of trustees shall not in any manner affect any actions, suits or proceedings at law or equity now pending in any way affecting such land grant or the title thereto, but all such suits, actions and proceedings now pending, instituted in behalf of such community or town, or the inhabitants within such grant, or by any such committee, board or body of men as is mentioned in Section 6 hereof, or against the same, or in which a majority of the qualified electors residing within said grant are parties plaintiff or defendant, shall proceed, continue and be heard and determined in all respects as though the same had been instituted by or against a board of trustees of such grant duly elected as herein provided, and any judgment or decree rendered in any such suit, action or proceeding, shall be valid and binding upon all the parties thereto, to the same effect as though instituted by or against a board of trustees duly elected as herein provided; and any and all contracts and agreements made and entered into for or on behalf of said grant and the inhabitants thereof, or on behalf of any such town or community, by any such committee, board or body of men, jointly with or by authority of a majority of the qualified voters residing within said grant, with any attorney or attorneys for the institution, prosecution or defense of any such action, suit or proceeding as is herein mentioned, are hereby ratified and approved and shall be valid and binding upon such grant and upon such community, town and the inhabitants thereof, and upon any board of trustees elected in accordance with the provisions hereof, as well as upon such attorneys; and Section 11 hereof shall not apply to any alienation of lands made by such board of trustees in conformity with such contract. Such board of trustees when elected shall have the right to become a party to any such suit or litigation as is mentioned in this section, and to control the same and the proceedings therein after so becoming a party.
Sec. 19. 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 its passage, but, as stated in Section 1 hereof, this act shall not be construed as applying to any land grant which is now managed or controlled in any manner other than that hereinbefore provided, by virtue of any general or special act of any Legislative Assembly of the Territory of New Mexico.
AN ACT RELATING TO THE SALE OF LANDS IN TOWNSITES
WHERE LEGAL TITLE IS VESTED IN PROBATE JUDGE OF
Sec. 1 Board of appraisers to appraise unsold land. Method of appointment.
Commissioners, etc. Commissioner to give bond.
Merico. Section 1. Whenever it shall be made to appear to the judge of the district court of the county wherein the lands embraced within the limits of any townsite are situate, the title to which was and is vested in the probate judge of such county, by a verified petition that any lots, blocks, parts, or parcels thereof have not been sold, disposed of and conveyed
in the manner prescribed by law, that such lots, blocks, parts or parcels or any of them can be sold, that no board of trustees of such townsite was ever elected in the manner prescribed by law, or, if at any time a board was elected, that such board of trustees was not elected or actually acted as such board for more than two years next preceding the date of the verification of the petition, and that the petitioner or petitioners will deposit in court such sum of money as the court may order to cover all costs of procedure hereinafter mentioned in case the lands are not sold, then the judge of such district court shall appoint, by order and decree, a board of appraisers to consist of three residents of the county wherein such towsite is situated, who shall have no interest in such unsold, undisposed of and unconveyed lots, blocks, parts and parcels of land. Each of said appraiser shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said district court before commencing his duties as such appraiser within ten days after his appointment. In case such appraisers or any of them should fail or neglect to file his or their oath or oaths with the said clerk within the time above limited, then the judge of such district court shall appoint another or other appraisers in place of the appraiser or appraisers so failing to file his or their oath or oaths.
Sec. 2. Such appraisers shall within twenty days from the time of filing their oaths appraise all lots, blocks, parts or parcels of land mentioned and described in the petition, order and decree of said court at their just and full cash value and when their appraisement has been completed, forth with file in the office of the clerk of such district court a report of their actions and doings and appraisements veri. fied by their respective oaths. In case of the members of said board not agreeing in their appraisement, the valuation and appraisement of the majority of said members of the board shall control and fix the valuation and appraisement of the respective lots, blocks, parts, and parcels of land appraised. Each of such appraisers to receive three dollars a day for his services, but in no case shall more than five days be charged for making such valuation and appraisement.
Sec. 3. In all cases where such unsold, undisposed of and unconveyed lots, blocks, parts, or parcels of land are in the possession of any person, persons, company, companies, corporation or corporations, such person, persons, company, companies, corporation or corporations shall have the right to purchase the lands at private sale for the appraised value thereof and the probate judge must make and execute to such person, persons, company, companies, corporation or corporations, a proper deed therefor upon the payment to him of the purchase price.
Sec. 4. That the judge of said district court in all cases other than those mentioned in the preceding section shall appoint a commissioner who shall be a resident of the county in which such townsite is situate to make sale of the lots, blocks, parts or parcels of such townsite not covered by the provisions of the preceding section, either at public or private sale. In case of public sale such commissioner shall give notice thereof by publication for four consecutive weeks in a newspaper published at the county seat of the county where such townsite' is situate, and by posting three notices at public places within the limits of such townsite. In no case shall any of the lots, blocks, parts or parcels of land be sold for less than their appraised value. Whenever the lands for sale in the hands of the commissioner can be disposed of for more than or at their appraised value the same shall be sold by him within ninety days from the day of his appointment. Upon the payment to such commissioner of the purchase price of any lot or lots, block or blocks, parts or parcels of land such commissioner shall give a receipt to the purchaser or purchasers for the purchase price, containing a descrip. tion of the lands sold to such purchaser or purchasers; and upon the presentation of such receipt to the probate judge of the county where the land so sold is situate and in whom the title thereto is vested, such probate judge shall forthwith make, deliver and execute a sufficient deed to the purchaser or purchasers for the lands described in such receipt. Such commissioner shall receive for his fees and in full payment for his services tive per centum of the purchase price on all lands sold by him. The probate judge shall receive for executing a deed under the provisions of this act the sum of two and fifty onehundredths ($2.50) dollars. The receipt of the commissioner shall be filed in the office of the clerk of the probate court and recorded, for which filing and record the probate clerk shall charge the sum of one dollar ($1.00). The judge of the probate court shall.receive five per centum on all moneys received by him under the provisions of Section 3 of this act. Such commissioner shall give a bond for the faithful performance of his duties in such sum as the district court may designate.
Sec. 5. All expenses of sale shall first be deducted from the proceeds and the surplus, if any, shall be paid over by the said probate judge and the commissioner to the county treasurer for the benefit and to the use of the school district where such townsite is situated.
Sec. 6. All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed.
Sec. 7. This act shall be in force and effect from and after its passage.
AN ACT TO AMEND SECTION 2355 OF THE COMPILED LAWS OF
1897. H. B. No. 124; Approved March 18, 1907.
Sec. 1. Provisions of Section 2355 Compiled Laws of 1897, shall not apply, when.
Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. The provisions of Section 2355 of the Compiled Laws of 1897 shall not apply in any instance where the issuance of script, check, draft, or order, is upon the voluntary request or at the instance of the party to whom issued, but only in cases where the employer seeks to compel, coerce, or influence the employe against his will to accept the same.
Sec. 2. This act shall be in force and effect from and after its passage.
AN ACT TO REGULATE THE CLASSIFICATION OF COUNTIES AND
FIXING THE SALARIES OF CERTAIN COUNTY OFFICERS.
Sec. 1. Classification of counties according to amounts of taxes, licenses, etc., re
ceived. Sec. 2. Fixing compensation of County Assessors based on foregoing classification. Sec. 3. Fixing compensation of County Treasurer and Ex-Officio Collectors based on
foregoing classification. Proviso, when amount is in excess. Sec. 4. Classification to be made by Traveling Auditor. Upon what based and when. Sec. 5. Overpayment when allowed a misdemeanor. Penalty. Be it enacted by the Legislative Assembly o the Territory of New
Mexico: Section 1. Whenever the county treasurer of any county in this Territory shall collect or receive the sum of two hun