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

CHAPTER 77.

AN ACT IN RELATION TO THE MANAGEMENT OF THE TECOLOTE H. B. No. 208; Approved March 17, 1903.

LAND GRANT.

Sec. 1. Board of trustees.

Sec. 2.

Sec. 3.

Sec. 4.

Sec. 5.
Sec. 6.

CONTENTS.

To manage and control.

Members of board of trustees. Qualifications.

Election of board of trustees. Notice to be published. Qualification of voters.
Term of office.

Board of trustees. Organization. Duties of president, secretary and trea

surer.

Powers of board.

Meetings of board. Special meetings may be called. Compensation. Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. That the management and control of that certain tract of land, known as the Tecolote land grant, situated in the County of San Miguel in the Territory of New Mexico and patented by the United States to the Town of Tecolote, is hereby vested in a board of trustees, to be elected as hereinafter provided, which said board of trustees shall be a body corporate under the name of the Board of Trustees of the Tecolote land -grant, and with full power under such name to sue and be sued and with the further powers hereinafter enumerated.

Sec. 2. Members of such board of trustees shall be residents and owners of real estate within the limits of said Tecolote land grant.

Sec. 3. Upon petition of not less than twenty residents or owners of real property within said Tecolote land grant, it shall be the duty of the board of county commissioners of San Miguel county, to order an election to be held for the choice of such trustees and fix the time and place thereof, and to give ten days' notice of such election by publication in some newspaper of general circulation in said San Miguel county. At such election all actual residents within the limits of said Tecolote land grant, who are owners of real estate within the same and qualified electors at the general election held in this territory shall be qualified electors, and the five persons receiving the highest number of votes at such election, shall be by said board of county commissioners declared trustees of said grant and shall hold their offices for the term of two years and until their successors are elected

and qualified. The vote at said election shall be canvassed by said board of county commissioners, of San Miguel county, and said election shall be conducted in all respects as now provided by law for general elections in this territory, except that no registration shall be necessary. Upon the expiration of the term of office of the trustees herein provided for, it shall be the duty of said trustees to call an election for the choice of their successors, which election shall be conducted as hereinbefore provided.

Sec. 4. Said board of trustees shall chose one of their number as president, and one as secretary and treasurer, who shall hold their offices for the period of two years and shall give bond for the faithful performance of their duties, in such sum as may be determined by said board. It shall be the duty of the president to preside at the meeting of said board and to act as the executive officer thereof, and to take such action as may be necessary for the carrying out of the rules and orders of such board. It shall be the duty of the secretary and treasurer to keep a record of the proceedings of such board, to sign, with the president, all warrants for the payment of money and to have the custody of all funds, moneys and papers belonging to said board.

Sec. 5. Said board of trustees shall have the following powers: First, to control and manage the Tecolote land grant, to prohibit and regulate the cutting of timber, and grazing of stock upon the same. Second, to recognize and confirm by deed of conveyance all bona fide adverse holdings of real estate on said grant. Third, to lease such portion of said grant, as to them may seem to be to the best interest thereof, and to fix the rent and term thereof. Fourth, to adopt a corporate seal, which shall be used in the testing of all official acts and doings of said board of trustees. Fifth, to adopt rules of procedure, to make any and all rules and regulations necessary for the proper carrying out of the powers hereby granted and to have and exercise all rights and powers incidental to the powers herein before granted.

Sec. 6. The regular meetings of said board of trustees shall be held on the first Monday of each alternate month, special meetings may be held at any time on the call of the president, members shall be entitled to receive the sum of two dollars ($2.00) per day for attending regular meetings to be paid by such board of trustees, and all costs and expenses of the election hereinbefore provided for, shall likewise be paid by said board of trustees.

Sec. 7. 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.

CHAPTER 78.

AN ACT WITH REFERENCE TO THE SELECTION, SEGREGATION, LEASING AND SALE OF THE LANDS HERETOFORE DONATED BY THE UNITED STATES TO THE TERRITORY OF NEW MEXICO FOR INSTITUTIONAL, IRRIGATION AND OTHER PURPOSES. C. B. No. 113; Approved March 17, 1903.

CONTENTS.

United States land commission. Compensation. Locating agent. Appoint-
ment. Duties. Salary. Shall give bond. Powers of commission.
Salaries and expenses to be paid out of sale or lease of lands.
Money advanced to be repaid.

Sec. 1.

Sec. 2.

Sec. 3.
Sec. 4.

Lands to be sold to reimburse territory for amounts appropriated.

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Section

Sec. 5.
Sec. 6.

Sec. 7.

All moneys derived from sales or leases to be paid to territorial treasurer.
Section 5, chapter 69, Laws of 1901. Amended. Commissioner of public
lands. Salary. Expenses. Accounts to be filed with auditor.
All leases of lands donated for improvement of Rio Grande or for reservoirs
to be cancelled. Applications not to be received. Refund of money.

Sec. 8. Duties of commissioner of public lands.

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

Section 1. That for the purpose of enabling the United States land commission, created by the act of congress of June 21st, 1898, for the selection of land donations within the Territory of New Mexico to proceed with its duties, and complete the selection of lands donated under said act of congress, each member of said commission as now constituted is hereby allowed as compensation for his services as such the sum of five hundred dollars ($500.00) per annum, payable monthly. The locating agent of the said commission shall perform such duties as may be required of him by said commission, including the selection of all lands, the preparation of all field notes, descriptions, maps, plats, lists, statements and office work in connection with the duties of such locating agent, and shall receive in full compensation for such service a salary of eighteen hundred dollars ($1,800.00) per annum, payable monthly; and, in addition to such salary he shall be allowed his actual and necessary traveling expenses, and actual and necessary expenses in the field, while engaged on business of said land commission, as such selecting agent, and shall give a bond to the Territory of New Mexico in the sum of five thousand dollars ($5,000.00), conditioned for the faithful performance of all his duties and true rendering of all accounts, which bond shall be made by some surety company authorized to do business in the Territory of New Mexico, and shall be approved as to form by the solicitor general of the terri

tory. The said commission is further authorized to procure the necessary stationery, supplies and clerical assistance for the proper conduct of the affairs of the commission, and shall be allowed therefor a sum not more than one thousand dollars ($1,000.00) in any one year.

Sec. 2. For the purpose of paying the salaries and expense of locations, etc., the lands selected and located by the said commission are charged with the payment thereof, out of the proceeds of the sale or leases of the same, to be paid by the territorial treasurer upon the warrant of the territorial auditor, to be issued upon itemized and verified accounts filed with the said auditor.

Sec. 3. For the purpose of reimbursing the various persons who have advanced, or may hereafter advance the moneys required for the location of any of the lands granted for the benefit of the various territorial institutions, reservoirs and improvements in the flow of the Rio Grande, the board of public lands is hereby authorized and directed to allow, as a credit on the purchase or lease of lands such amounts so advanced, to be evidenced by the books and receipts of the said United States land commission, and to be charged as a part of the actual and necessary expenses in procuring, selecting and administering the donations under said act of congress of June 21st, 1898, as now provided by law; and all sums of money heretofore advanced for the locating and lease and sale of lands, which said locations, or the leases or sales of which have not been and shall not be finally approved, or which may be cancelled or disapproved under the further provisions hereof, shall be returned to said persons so making said advances.

Sec. 4. The commissioner of public lands and the board of public lands of the Territory of New Mexico shall proceed, at as early a date as possible, to cause to be sold the lands of the various institutions, except the University, for the purpose of reimbursing the Territory of New Mexico for the amount appropriated in cash for such various territorial institutions by the 35th legislative assembly, and for the purpose of paying to each of said institutions the amount in excess of such appropriations, as provided in said appropriation act; and are hereby directed to pay into the hands of the territorial treasurer, and to the credit of the various institutions, all sums derived from such sales; and section 32 of chapter 69 of the acts of the legislative assembly of the Territory of New Mexico of 1901 is hereby amended by striking out the figures "50" in the fifth line of such section, and inserting in lieu thereof the figures "75."

Sec. 5. Hereafter all moneys derived from approved

leases, sales, etc., of territorial lands, shall be paid to the territorial treasurer by the commissioner of public lands, on the first day of each month, to the credit of the several funds entitled to receive the same and to furnish to said territorial treasurer an itemized statement which will enable the latter official to keep the correct accounts with the various territorial institutions and with the permanent reservoir fund and the improvement of the Rio Grande fund.

Sec. 6. Section 5 of chapter 69 of the Laws of 1901, with reference to the contingent expenses of the board of public lands, is hereby amended by striking out the words and figures "fifteen hundred dollars ($1,500.00)" and inserting in lieu thereof "one thousand dollars ($1,000.00)," and hereafter the salary of the commissioner of public lands, and the contingent expenses of his office, shall be paid upon a warrant drawn by the territorial auditor upon the territorial treasurer, out of the public land funds, proportionately out of each of said funds; and the commissioner of public lands shall file with the territorial auditor an itemized statement and account of all such contingent expenses before the warrant shall issue for the payment thereof. Said itemized account of such expenditures, as well as the itemized account of contingent expenses of the United States land commission, and of the locating agent, to be made under oath.

Sec. 7. The commissioner of public lands and the board of public lands of the Territory of New Mexico are hereby ordered and directed to cancel all leases entered into or approved by them for the leasing of lands donated for the improvement of the Rio Grande in New Mexico or the surface flow thereof, except such leases, if any, as have heretofore been approved by the secretary of the interior, or are now in his office for approval; and the said officers are hereby directed to cancel all leases of lands donated for reservoirs for irrigation purposes, heretofore made by them, if any, except contracts heretofore made by them for the location of lands under reservoir sites, and approved by the secretary of the interior, or now pending with that official for approval. And the said officers are further directed not to accept applications for the leasing of any lands donated for water reservoirs for irrigating purposes or for the improvement of the Rio Grande or the surface flow thereof, and, further, to return to all parties who have heretofore made application for the leasing of any such lands, which applications are hereby directed to be cancelled, all sums of money paid by any such parties upon such leases. Said moneys to be so repaid out of any moneys now on hand in the permanent reservoir fund.

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