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the duty of the board of county commissioners of Quay county to annually levy a tax sufficient to pay the interest coupons coming due semi-annually upon said bonds, and in addition a sufficient amount to create a sinking fund to pay said bonds when they become due; which sinking fund tax shall be levied annually from and after five years after the passage of this act; said bonds shall be the first issue by Quay county, and the levy for the payment of interest shall be the first made, and such bonds shall be known and designated as "Quay County Establishment Bonds." Such bonds shall be dated the first day of July, A. D. 1903, and the coupons shall become due and be payable semi-annually thereafter. The debt ascertained to be due from Quay county and Guadalupe counties respectively on the first day of January, 1903, shall bear interest at the rate of six per cent. per annum from that date until the payment of the same in cash or in the taking of the bonds and coupons above provided for; and this amount of interest shall be added to the debts evidenced by the issuance of said bonds, and be included therein.

Sec. 8. The county of Quay may issue bonds for court house purposes and to an amount not exceeding twenty-five thousand dollars ($25,000.00), and for jail purposes to an amount not exceeding five thousand dollars ($5,000.00), and for current expenses, until taxes are levied and collected, to an amount not exceeding five thousand dollars ($5,000.00).

Sec. 9. Quay county shall be entitled to have and receive all unpaid taxes that have been levied or assessed upon or against property within the former limits of Guadalupe and Union counties and which by this act are set off from said counties of Guadalupe and Union and has become Quay county; and the treasurer and collector of Quay county shall collect and receipt for the same to the same extent as the respective treasurers and collectors of Guadalupe and Union counties might have done had said property remained within the limits of the Counties of Guadalupe and Union, and Quay county shall be entitled to and shall receive from Guadalupe and Union counties respectively such proportion of the moneys received from licenses issued by said Guadalupe and Union counties in force in Quay county during any part of the year 1903, as such unexpired term of each such license shall bear to the whole term for which such license was issued; and all taxes collected from Quay county and paid into the respective treasuries of Guadalupe and Union counties after January first, 1903, shall be credited upon the proportion of the respective debts of Guadalupe and Union counties assumed and to be paid by Quay county. All school funds in the respective treasuries of Guadalupe and Union counties on April

first, 1903, due to the school districts of Quay county whether apportioned or unapportioned, shall be on said date or immediately thereafter paid over by such treasurers to Quay county.

Sec. 10. On or before the first day of May, A. D. 1903, the treasurers and ex-officio collectors of the Counties of Guadalupe and Union shall deliver to the county comissioners of Quay county a list of all delinquent taxes and unpaid licenses and also a list of all taxes which will become due on July first, A. D. 1903, upon property within the limits of and upon personal property belonging to persons resident within the limits of Quay county, and the treasurer and ex-officio collector of Quay county shall proceed and collect the said taxes and licenses as required by law and they shall become due and be the fund of Quay county.

Sec. 11. Said Quay county is hereby attached to the fourth judicial district of the Territory of New Mexico for judicial purposes, and the district court for the trial of causes arising under the laws of the Territory of New Mexico shall be held at the county seat of said county by the judge of said court at a time appointed by the judge of said court in the same manner as special terms of the district court are now by law ordered and appointed, and the terms for the holding of district court shall be so held until otherwise provided by law. The district attorney for the fourth judicial district of which San Miguel county is a part shall be the district attorney for Quay county until otherwise provided by law and shall be entitled to a salary from said Quay county of two hundred and fifty dollars ($250) per annum payable quarterly; and all indictments for offenses committed prior to the passage of this act within the limits of Quay county shall be when found, presented and returned by the grand juries of the district court of said Quay county.

Sec. 12. The County of Quay for legislative purposes shall be attached to-council and the- -house

district until otherwise provided by law.

Sec. 13. Until the appointment and qualification of the county and precinct officers of Quay county the county and precinct officers of the Counties of Guadalupe and Union shall continue to excercise authority as before this act, and shall have jurisdiction as heretofore.

Sec. 14. This act shall be in force from and after its passage.

CHAPTER 9.

AN ACT IN RELATION TO MAYORS OF CITIES, AND TO OTHER OFFICERS. C. S. for C. B. No. 44; Approved February 28, 1903.

CONTENTS.

Sec. 1. Term of office of mayor, clerk, treasurer, aldermen and board of education.

Sec. 2. Extension of term of office. Date of next election.

Sec. 3. Election of city officers, aldermen and board of education. Term of office.

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

Section 1. Heareafter in the cities the term of office of mayor, clerk and treasurer shall be two years, the term of office of the aldermen of the council of cities shall be two and four years, and the terms of office of members of the board of education of cities shall be two and four years.

Sec. 2. The mayors, clerks and treasurers of cities, the aldermen of the council of cities, and the members of the boards of education of cities, now in office, shall remain in office until their successors are elected and qualified at the annual election to be held on the first Tuesday in April, 1904, and there shall be no election held for the election of any of the above named officers in any city in the Territory of New Mexico, on the first Tuesday of April, 1903.

Sec. 3. The qualified electors of cities shall on the first Tuesday of April, 1904, elect one mayor, one clerk, and one treasurer, for the term of two years, and two aldermen of the city council from each ward, one of whom in each ward shall be elected for the term of two years, and the other for the term of four years, and shall elect two members of the board of education from each ward, one of whom in each ward shall be elected for the term of two years and the other for four years.

Sec. 4. This act shall take effect and be in full force from and after its passage.

LAW LIBRARY

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CHAPTER 10.

AN ACT FOR THE RELIEF OF A. B. BACA FOR SERVICES IN PURSUING, ARRESTING AND RETURNING TO THE JAIL OF SANTA FE COUNTY, JOSE TELLES, AN ESCAPED PRISONER ACCUSED OF MURDER. H. B. No. 91; Approved February 28, 1903.

CONTENTS.

Sec. 1. Appropriation for A. B. Baca.

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

Section 1. There be and is hereby appropriated out of any moneys in the territorial treasury, not set apart for the payment of interest on the public debt, the sum of five hundred dollars ($500) to be paid to A. B. Baca of the County of Socorro, in full payment to him for his expenses and services in pursuing, arresting and returning to the jail of Santa Fe county, Jose Telles, an escaped prisoner therefrom, who had been therein confined under the charge of murder. And the auditor of the territory is hereby authorized and directed to draw his warrant on the treasurer of the territory in favor of said A. B. Baca for said amount, out of which said A. B. Baca shall refund to the sheriff of Santa Fe county any amount which said sheriff may have advanced to him to defray his said expenses.

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

CHAPTER 11.

AN ACT TO PROVIDE FOR THE BURIAL OF HONORABLY DIS-
CHARGED SOLDIERS, SAILORS OR MARINES WHO MAY HERE-
AFTER DIE WITHOUT LEAVING MEANS SUFFICIENT TO

DEFRAY FUNERAL EXPENSES. A. C. B. No. 6; Approved
February 28, 1903. ́

CONTENTS.

Sec. 1.

Sec. 2.

Board of county commissioners. Duty. Funeral expenses.
Funeral arrangements. Marking of grave.

Sec. 3. Bills to be sworn to and audited.

Probate clerk to keep record.

Sec. 4. Fraud. Penalty.

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

Section 1. It shall be the duty of the boards of county

commissioners in the several counties of this territory to cause to be decently interred the body of any honorably discharged soldier, sailor or marine who served in the army or volunteer service of the United States during any war in which the United States has been engaged, and who may hereafter die without having means sufficient to defray his funeral expenses. Such burial shall not be made in any "Potters Field" or pauper burial ground, nor in any cemetery used exclusively for the burial of pauper dead, and the expenses of any such funeral shall be paid by the county out of the general fund; but not more than fifty dollars ($50) shall be expended for any such burial.

Sec. 2. Should any surviving relative or relatives or immediate friends, or any Grand Army Post of which deceased was a member, desire to conduct such funeral, they shall be permitted to do so, and the expenses herein provided for shall be paid as specified in section 1 of this act, and the grave of the deceased shall be properly marked and designated, and a record of the name, age, service and death shall be made in a book to be kept for that purpose by the probate clerk.

Sec. 3. All bills for the expenses of any such burial shall be duly sworn to, and the said bills shall be audited and ordered paid to the amount of not more than fifty dollars ($50) by the board of county commissioners of the county wherein such soldier, sailor or marine resided at the time of his death, and in such manner as other bills are allowed and paid from the general county fund.

Sec. 4. Any person presenting a false, fictitious or fraudulent bill for the purpose herein specified, or who attempts to have audited and paid any false, fictitious or fraudulent bill on account of any such purpose, sworn to as herein required, shall be deemed guilty of perjury and punished accordingly, and any county commissioner who shall knowingly order paid any such false fictitious or fraudulent bill or account, shall be deemed guilty of malfeasance in office and punished by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail not to exceed six months, and removal from office.

Sec. 5. This act shall take effect from and after its passage.

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