hereby authorized to determine the place where such drainage or tajo shall be opened, under the supervision of the mayordomo by the owners of the irrigable land of said ditch and the work shall be taxed in proportion of the irrigable property of each owner, and any person or persons belonging to said ditch, who shall fail or refuse to perform the work taxed by the commissioners, shall be fined in a sum not less than one dollar ($1.00) nor more than two dollars ($2.00) per day for every day he shall refuse to perform the work imposed or required from him. Sec. 2. Hereafter the owners of irrigable land, situate in the margin of any drainage or discharges of water from any public ditch, being a member or members of said ditch, shall have to pay for the irrigation of said lands in the same manner as all other lands belonging to said ditches, whether they irrigate them for the uses of harvest, or for hay land, alfalfa or other pasture, and shall not be excused on the pretext that they only use the excess of water of said ditch. And if such owners of land use the water without the consent of the mayordomo, they shall be fined in a sum not less than ten dollars ($10.00) nor more than twenty dollars ($20.00). Sec. 3. When two or more public ditches drain their excess of waters at the same drainage, the same shall be considered as joint owners of said drainage and no person or persons that may own lands on either side of said drainage shall have the right to use the water of said drainage without the consent of the mayordomos of said joint owners, and said owners of land shall not be permitted to put any impediment, incumbrances, or sidegates or dams upon said drainage and if at any time it shall be discovered that they use the water with the object of irrigating land whether it may be for harvest, or hay land to cut hay or to purchase stock of any kind, they shall be responsible for the damages that the excess of water may cause in time of flood; furthermore if they use the water without the consent of the mayordomos of said joint owners' drainage, they shall be fined in a sum not less than five dollars ($5.00) nor more than ten dollars ($10.00) for .each and every offense. Sec. 4. That the majority of the mayordomos of said. ditches of the joint drainage, shall be authorized to make arrangements with said owners of land regarding the use of said excess waters, and the result of said arrangements shall be for the benefit of all ditches that may discharge the water upon such drainage. Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall be in force and take effect from and after its passage. CHAPTER 86. C. B. No. 9; AN ACT ENTITLED AN ACT PROVIDING FOR THE DRILLING OF CONTENTS. Sec. 1. Superintendent authorized to purchase materials to drill well. Sec. 2. Appropriation. Payable from funds derived from sale of penitentiary lands. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The superintendent of the New Mexico penitentiary is hereby authorized to purchase or lease such drilling machinery, hire such expert labor, and purchase such materials as may be necessary for the drilling of an experimental artesian well, said well to be drilled at some suitable place which may be selected by the said superintendent and board of penitentiary commissioners on land belonging to said penitentiary. Sec. 2. For the purposes of this act the superintendent of said penitentiary and the penitentiary commissioners are hereby authorized to expend a sum not exceeding ten thousand dollars ($10,000.00), or so much thereof as may be necessary, payable out of permanent improvement fund from the sale of penitentiary lands, and the auditor is hereby directed to draw his warrant in accordance herewith upon presentation of proper vouchers. Sec. 3. This act shall be in full force and effect from and after its passage. CHAPTER 87. AN ACT PROVIDING FOR A UNIFORM SYSTEM OF INDEX FOR ALL INSTRUMENTS AFFECTING TITLES TO REAL ESTATE, AND FOR OTHER PURPOSES. C. B. No. 14; Approved March 17, 1903. Sec. 1. CONTENTS. Board of county commissioners. May order index of records affecting real property. Sec. 2. Index books to be provided Sec. 4. Sec. 5. Manner in which town property or lands shall be entered. Proviso. Sec. 7. Fees of clerk and recorder for re-indexing. Proviso. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That whenever, in the opinion of the board of county commissioners of any county in the territory, it is necessary for the convenience of the public and the better preservation of titles to real property, to have a complete and accurate index made of all instruments of record affecting real property, they are hereby authorized to have such index made by the probate clerk and ex-officio recorder of said county, and it shall be the duty of said clerk and recorder to immediately proceed to index the records beginning with the first volume of each of the above series of records and indexing each instrument therein until all of the said records shall have been accurately indexed to the first day of April, 1903. Sec. 2. For the purpose of the index mentioned in this act there shall be provided index books, and all instruments affecting title to real estate shall be indexed in their regular order alphabetically arranged, as well as in their reverse order in the same manner. Sec. 3. The said index shall be ruled and headed in the manner and form substantially as shown on the following form: Subdivision of sections and numbers of lots | Town or City erty. Addition Sec. Tp. R. Acres. Remarks. Sec. 4. All town property or lands shall be entered and described in the said index in the manner indicated, according to numbers, metes or bounds: But, provided, that where this is impossible from the nature of the description then the tract or tracts may be described by some appropriate title, or the owner's name. Sec. 5. The form of index provided in this act shall hereafter be adopted as the standard form of index and shall be used throughout the territory from and after the first day of April, 1903. Sec. 6. The board of county commissioners of any county in the territory are hereby authorized to levy a tax of not to exceed one (1) mill on the dollar on all taxable property in any such county to provide a fund for the payment of all expenses incident to carrying out the provisions of this act; said levy to be made at the same time and in the same manner as the levy for the general county expenses, and all funds collected under such levy shall be kept separate by the county treasurer and collector, to be known as the "County Index Fund,” to be paid out by the board of county commissioners after they have received and approved the index aforesaid: Provided, that this levy shall only be made for the year 1903. Sec. 7. The clerk and recorder shall receive as compensation for indexing the records as herein provided the sum of five (5) cents for each instrument indexed; but shall receive no extra compensation for indexing any instrument filed after the first day of April, 1903; but shall be required to index all such instruments in like manner, free of charge to said county. For each failure in compliance with the provisions of this act, the clerk and recorder shall be held responsible for all damages suffered by the injured party, to be recovered on his official bond: Provided, that no provision of this act shall apply to any county wherein the records have been re-indexed or the index books revised during the period of ten years immediately preceding the passage of this act. Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage. CHAPTER 88. AN ACT PROVIDING FOR THE EQUALIZATION OF TAXES AMONG THE COUNTIES OF THE TERRITORY OF NEW MEXICO. B. No. 127; Approved March 17, 1903. C. CONTENTS. Sec. 1. Sec. 2. Board of equalization. To meet annually. To determine value of real and personal property. President of board. May appoint members to visit counties and determine value of real and personal property. Proviso. Sec. 3. Members of board of equalization to make report. Sec. 4. Board of equalization may direct traveling auditor to visit counties and determine value of taxable property. Sec. 5. Sec. 6. Sec. 7. Sec. 9. Board of equalization. To fix value. To prepare abstract of taxable values to be filed in auditor's office. Duties of treasurer and auditor as to raising revenue. Legislative assemblies to make specific appropriations. Apportionment of revenue to be raised. County commissioners to make in raising revenue. Proviso. Allowance for delinquencies. Default Sec. 10. This act not to amend section 2635, Compiled Laws of 1897. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The territorial board of equalization, at its annual meeting on the first day of January, A. D. 1904, and once every year thereafter, shall ascertain and determine the value of the property, both real and personal, subject to taxation in every county of the Territory of New Mexico. In ascertaining and determining the value of such property said territorial board of equalization may have recourse to and may use the assessment rolls of said counties, returned for the year preceding the holding of their meeting, together with any other facts and information showing the true value of the real and personal property of said counties. Sec. 2. The president of said territorial board of equalization may appoint members of said board to visit any of the counties in this territory, whose duty it shall be, when appointed, to visit the county or counties assigned to him by the president of said territorial board of equalization, and within four weeks of his appointment and assignment, make a report to said board of equalization at its office in Santa Fe, New Mexico, showing the value of property both real and personal in the county or counties assigned to him, as the same has been determined and ascertained by him: Provided, that no member of said board shall be appointed to visit or be assigned the county in which he has his residence. Sec. 3. The reports of the said members of said board of equalization, when returned to and filed with the territorial board of equalization, and the facts therein contained, may be used for the purpose of finally ascertaining and determining the value of the property subject to taxation within the said counties of the Territory of New Mexico. Sec. 4. The territorial board of equalization may also, by an order, direct the traveling auditor and bank examiner to visit any county within the Territory of New Mexico, whose duty it shall be when so directed, to visit any given county in the territory, to make thorough and exhaustive examination and investigation of said county with a view to and for the purpose of ascertaining and determining the value of the property, both real and personal, subject to taxation in such |