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to be known and called Quay county, out of that portion of the Territory of New Mexico included in the following boundaries as indicated by the United States Survey, to-wit: Commencing at the southwest corner of township five north, range twenty-seven east of the New Mexico Principal Meridian; thence north along the range line between townships twenty-six and twenty-seven east to a point of intersection with the southwest corner of the Pablo Montoya grant; thence along the south boundary of said grant to its intersection with the township line between townships eleven and twelve north; thence along said township line between townships eleven and twelve north to its intersection with the southeast corner of San Miguel county; thence north along said east boundary of San Miguel county to its intersection with the Third Standard Parallel north; thence east along said Third Standard Parallel north to its intersection with the TexasNew Mexico boundary line; thence south along the Texas-New Mexico boundary line to the point of its intersection with the First Standard Parallel north (projecting eastward); thence west along the First Standard Parallel north to southwest corner of township five north, range twenty-seven east, to the point of beginning.

Sec. 2. That the county seat of said County of Quay shall be established at the town of Tucumcari in said county; and that the board of county commissioners of said county (to be appointed or elected as hereinafter provided) shall select and designate the most proper and convenient place in said town for the erection of the public buildings of said County of Quay.

Sec. 3. The county commissioners appointed under this act, are authorized and empowered to divide said County of Quay into precincts and to appoint in each precinct and school district the officers provided by law, until after the first election.

Sec. 4. It shall be the duty of the governor of the Territory of New Mexico, on or before the first day of April, A. D. 1903, to appoint for the said County of Quay the county officers now provided by law for the counties of the territory, and the officers so appointed shall immediately thereafter qualify and enter upon the discharge of their duties as such officers, and the officers so appointed shall serve until the election and qualification of their successors, who shall be elected at the next general election for such officers and the governor shall likewise appoint officers to fill any vacancies caused by the failure of any such appointees to qualify as required by law.

Sec. 5. It shall be the duty of the auditor, treasurer and

solicitor general of the territory to assemble as a commission for that purpose and ascertain, on or before the first day of June, A. D. 1903, the total separate indebtedness of both Guadalupe and Union counties, from which Quay county is segregated, less cash on hand to meet such indebtedness, and the value of all permanent public improvements, excepting bridges remaining in said Counties of Guadalupe and Union; and also to ascertain from the assessment rolls for the year 1902 the value of all taxable property embraced within the limits of Quay county so taken from Guadalupe and Union counties; and thereupon to determine the amount of such indebtedness that may be due from Quay county to Guadalupe and Union counties respectively, less the amount of cash on hand in each of said counties to meet such indebtedness, as such conditions existed on the first day of January, 1903; and the amount so found to be due from Quay county to Guadalupe and Union counties respectively, by said commission shall be final and conclusive on each of said counties.

Sec. 6. For the purpose of enabling Quay county to pay to Guadalupe and Union counties the amounts of its obligations and debts to them respectively, as found and ascertained by the commission provided for in section 5 of this act, the board of county commissioners of Quay county is hereby directed and authorized to issue its coupon bonds of that county which bonds shall bear interest at the rate of six per cent. per annum, payable semi-annually; such bonds shall be payable absolutely twenty years from their date at the option of the said county ten years from their date; they shall be in amounts of one hundred dollars ($100.00) each or in multiples thereof; they shall be signed by the chairman of the board of county commissioners, countersigned by the clerk of said board, attested by its seal and endorsed by the treasurer of the county, with the engraved signature of the clerk of the probate court of said county, on the coupons thereto attached, and shall be in form to be approved by the district attorney of the fourth judicial district of the Territory of New Mexico.

Sec. 7. Such bonds may be sold for cash, at not less than par, and out of the proceeds of such sale the indebtedness of Quay county to the said Counties of Guadalupe and Union, as found by said commission, shall be paid and satisfied in full; and if such sale cannot be made by the first day of January, A. D. 1904, then and in that case, such bonds and coupons attached shall be turned over to Guadalupe and Union counties in full settlement of the indebtedness of Quay county to Guadalupe and Union counties respectively, and it shall be

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

district until otherwise provided by law.

-house

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.

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