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said City of Santa Fe and not exempt by law from taxation for school purposes at its meeting to be held on the first Monday in June in each year or as soon thereafter as possible, making due allowance therein for taxes which may not be collected, which rate of taxation when so fixed shall be certified by the president and secretary of said board of education under the name of said board and the seal thereof, to the board of county commissioners of the County of Santa Fe, which said board of county commissioners shall include the amount of such rate of taxation so fixed in the order making levies for taxation for the various purposes, required to be made by them for the county and the same shall be and become a special levy on all the property subject to taxation in the City of Santa Fe and not exempt therefrom for school purposes and the amount thereof when collected shall be kept in a separate fund to pay said interest.

Ten years after the date of said bonds and each year thereafter, a sufficient tax shall in like manner be levied and collected to pay each year one-twentieth part of the principal of said bonds, and the moneys so collected to pay such interest and principal shall be used for no other purpose.

Sec. 3. The said bonds, authorized by this act to be issued, shall be disposed of at not less than par, out of which shall be paid the costs of issuing, printing and disposing of the same, and all the rest or remainder of the proceeds thereof shall be used solely and only for the purpose of preparing the plans and specifications of such building and in aiding and assisting in the construction of the same, as a suitable and commodious building for the public shools of the City of Santa Fe of the Territory of New Mexico and in paying all the necessary expenses thereof and furnishing the same with suitable, modern furniture.

Sec. 4. To aid and facilitate the construction of said building, the board of penitentiary commissioners and the superintendent of the penitentiary are hereby directed and required to furnish, free of charge, convict labor for the excavation for the foundation of said building, with the aid of skilled superintendents, should such be necessary; said penitentiary authorities shall also furnish all the brick and lime which may be necessary for the construction and completion of said building, and also all other materials which can be furnished through the convict labor, machinery and appliances of said penitentiary, and which may be necessary for the completion of said building: Provided, that the penitentiary shall be paid and advanced the funds necessary to defray expenses of guards, and actual cost of materials furnished.

Sec. 5. The board of education of the City of Santa Fe, of the Territory of New Mexico, shall provide suitable grounds on which to construct the building provided for by this act and shall also prepare, or cause to be prepared, all the plans and specifications for said building and hire and pay all architects, necessary superintendents, foremen and skilled labor which can not be supplied from the penitentiary convicts, and all other labor which may not be supplied by the penitentiary convicts.

Sec. 6. There is hereby donated and granted in fee simple to the board of education of the City of Santa Fe and Territory of New Mexico, in order that it may be used as a school house site, for the building in this act provided to be erected, if it should be suitable therefor, all that certain lot, piece and parcel of land situate within the City of Santa Fe, County of Santa Fe and Territory of New Mexico, described as follows: "Beginning at a point on Washington Avenue where the southern line of the abandoned Fort Marcy military reservation terminates, being the southeast corner of the premises now occupied by Governor Otero, and running thence southerly more or less along Washington Avenue 158 feet 9 inches to the corner of a brick wall enclosing a corral on the north side of the Old Palace building; thence running westerly more or less along the north side of the adobe wall of the corral of the Old Palace building and along the wall enclosing the corral or yard to the north of the building occupied by the post office at Santa Fe, 261 feet and 6 inches to the northwest corner of the corral or yard on the north side of said building occupied for the post office; thence running northerly more or less along Lincoln Avenue 165 feet 4 inches to the southern line of the abandoned Fort Marcy military reservation and the property thereof now occupied by Governor Otero as his residence; thence easterly more or less along the southern line of the said abandoned Fort Marcy military reservation and part thereof now occupied by Governor Otero 267 feet to the place of beginning, being all of that portion of land lying between Washington and Lincoln Avenues and between the southern boundary of the abandoned Fort Marcy military reservation, where it is occupied by Governor Otero as his residence, and a north line described by a line extended from the north end or corner of the brick wall aforesaid along the wall extending therefrom in an east and west direction, and also extending straight along the projection of said wall, to the next wall in line therewith lying to the north of the yard or corral occupied by the post office at Santa Fe, to the northwest corner of the wall forming said corral or yard on Lincoln Avenue, except that there is not included in this grant

the portion of said lot and tract of land which has heretofore been granted to the Woman's Board of Trade and Free Library Association of the City of Santa Fe.

Sec. 7. This act shall be in force and effect from and after its passage and all acts and parts of acts in conflict therewith are hereby repealed.

CHAPTER 98.

AN ACT TO AMEND SECTION 8 OF THE COMPILED LAWS ON COMMUNITY DITCHES OR ACEQUIAS. H. B. No. 122; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 8, Compiled Laws of 1897, regarding community ditches being considered corporations. Amended.

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

Section 1. That after the last word of section 8 of the Compiled Laws on community ditches or acequias there shall be added as follows: "And every one of said community ditches beginning at the dam or entrance of the water, in continued course to the end of the same, shall be considered as one ditch or acequia only, to be superintended by three commissioners and one mayordomo as now provided by law, except that where two community ditches or more take water from a common ditch or head, they shall be and remain separate and under separate management."

Sec. 2. This act shall take effect and be in force from and after its passage.

CHAPTER 99.

AN ACT REQUIRING MEMBERS OF COMMON COUNCILS IN INCORPORATED CITIES AND MEMBERS OF BOARDS OF TRUSTEES IN INCORPORATED TOWNS AND VILLAGES IN THE TERRITORY OF NEW MEXICO TO BE RESIDENTS AND OWNERS OF REAL ESTATE SUBJECT TO TAXATION WITHIN THE CORPORATE LIMITS OF SUCH CITY, TOWN OR VILLAGE. H. B. No. 180; Approved March 19, 1903.

Sec. 1.

CONTENTS.

Members of councils or boards of trustees. To be residents and owners of taxable real estate.

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

Section 1. That no person shall be eligible to election or service as a member of the common council of any incorporated city or as a member of the board of trustees of any incorporated town or village in the Territory of New Mexico, unless at the time of his election such person shall reside within the corporate limits of the city, town or village in which he is elected and shall also be the owner of real estate subject to taxation situated within such corporate limits.

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

CHAPTER 100.

AN ACT TO REQUIRE COUNTY SCHOOL SUPERINTENDENTS TO FURNISH THEIR OFFICIAL BONDS AND QUALIFY WITHIN CERTAIN TIME AND FOR OTHER PURPOSES. H. B. No. 59; Ap

proved March 19, 1903.

CONTENTS.

Sec. 1. County school superintendents to give bond.

Sec. 2. Present county school superintendents to give bond.

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Sec. 4. Failure to make apportionment of school funds. Penalty.

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

Section 1. That the county school superintendents be and they are hereby required to furnish their respective official bonds within thirty days after having received their certificate of election or appointment.

Sec. 2.

All present county school superintendents shall within thirty days after the passage of this act furnish their respective official bonds and fully qualify as now required by law.

Sec. 3. Any such county school superintendent failing to comply with the provisions of the foregoing sections shall be summarily removed by the governor who shall fill such vacancy as now provided by law.

Sec. 4. All county school superintendents who shall hereafter fail in making the apportionment of school funds in their respective counties and to file their reports relative thereto as now provided by law, shall be dealt with as provided in section 3 of this act.

Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.

CHAPTER 101.

AN ACT FIXING THE SALARIES OF COUNTY COMMISSIONERS OF COUNTIES OF THE FIRST CLASS. C. B. No. 118; Approved March 19, 1903.

CONTENTS.

Sec. 1. Boards of county commissioners. Salary.

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

Secton 1. That hereafter each member of the board of county commissioners of counties of the first class in the Territory of New Mexico, shall receive as salary the sum of eight hundred dollars ($800.00) per year, to be paid from the general fund of such county.

Sec. 2. 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.

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