to the territorial superintendent, on blanks the form and character of which shall be specified by the territorial superintendent, his annual report, bearing date of August first, containing such vital statistics and general information concerning the public schools as the territorial superintendent may call for, including total amounts received by the several districts and counties on account of the poll tax and fines, and county school superintendents who fail or refuse to properly prepare and file such annual report, within the time specified by law, which report shall be properly footed, complete and consistent in its footings, as required by the superintendent of public instruction, shall be chargeable with gross neglect of official duty, and may be suspended from office by the superintendent of public instruction, and, should the circumstances demand, upon presentation of the facts to the governor, he may be removed from office and his place filled by appointment until the next general election, and any principal or teacher in charge failing to make reports required of them may upon the written complaint of the county superintendent or superintendent of public instruction, filed with the directors of any public school have his salary withheld until he has made such report so required; and, in case the circumstances justify, he shall be removed as teacher by such directors and be disqualified to teach in New Mexico for at least one year thereafter.

Sec. 15. County superintendents shall quarterly, and within ten days after receiving notice that any school funds are at their demand, for apportionment to the several districts, properly make said apportionment and specifying the number of the district, the number of children of school age in each district and the amount of money apportioned thereto, and a copy of this apportionment report shall be filed within ten days thereafter in the office of the probate clerk of the county, and he shall also supply a duplicate copy thereof to any newspaper printed within the county which will give publicity to the same free of charge as a matter of general information.

Sec. 16. District superintendents in districts consisting of incorporated cities or towns, shall be employed for a term of not to exceed two years, and their duties other than now specified by law may be defined by the board of directors of such incorporated city or town.

Sec. 17. That the "third" paragraph in section 1548, Compiled Laws of 1897, be and the same is hereby amended by inserting after the words "violation of the penal laws," the following, viz: "All moneys accruing under the provisions of this section shall on or before the first Monday in January,

April, July and October in each year, be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and all officers who fail for two consecutive terms to make such payment and file said duplicate receipts with the county clerk, or who shall have failed to make quarterly reports as now required by law, shall be subject to summary removal from office by the board of county commissioners at the next regular meeting thereafter, and shall also be liable to indictment for malfeasance in office and false swearing, and the person so indicted shall upon conviction thereof be ineligible to hold said office for the period of two years thereafter; and judges of the district court are hereby required at each term to give this section of the law in special charge to the grand jury, which body is authorized to especially inquire into and make presentment of offenses committed under this act.

Sec. 18. In addition to the duties now required by law of the governing authorities of the higher educational institutions, they are hereby required to make duplicate copies of reports, under date of June thirtieth of each year, furnished by them to the territorial executive for use in his annual report to the secretary of the interior, and a copy of said report shall be filed in the office of the superintendent of public instruction; such report shall show the date of establishment, general status and progress of such institution during the year; its physical equipment, course of study, number of pupils enrolled and the number enrolled who are not actual bona fide residents of the territory, the number of graduates for the preceding year and the total number of graduates to date, the financial condition, character and value of improvements during the year, value of all property, receipts from all sources, disbursements, and such other information as the superintendent of public instruction may require for incorporation in his annual report to the governor of the territory.

Sec. 19. The concluding paragraph in section 1548, Compiled laws of 1897, is amended to read as follows: "County treasurers shall quarterly, on or before the third Monday in March, June, September and December in each year, notify the county superintendents of schools in their respective counties of all funds coming into their hands for public school purposes during the preceding quarter and the total amount of moneys on hand then available for public school purposes. Sec. 20. In addition to the legal holidays designated by law, viz: "July fourth, December twenty-fifth, and January first, and all days designated by proclamation of the governor

as fast days or thanksgiving days," February twelfth, (Lincoln's birthday) and February twenty-second, (Washington's birthday), may hereafter be observed by the public schools as legal holidays: And, provided, any teacher or teachers in the rural districts and village schools shall have arranged beforehand a program of exercises by the pupils appropriate for the occasion for the preceding day, the directors of such district shall not deduct any moneys from teachers' salary because of their absence from active school duty on such holidays.

Sec. 21. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall be in force and take effect thirty days after its passage.

CHAPTER 120.

AN ACT TO REGULATE COUNTY INSTITUTES AND FOR OTHER PURPOSES. H. B. No. 213; Approved March 19, 1903.

CONTENTS.

Sec. 1. Funds set apart by county treasurers for county institutes. Disbursement. Sec. 2. Territorial board of education to prescribe course of study. To revoke certificates for incompetency or immorality.

Sec. 3. Territorial board of education. Mileage. Compensation.

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

Section 1. For the purpose of meeting the expenses of County Institutes county treasurers in counties of the first class shall set apart annually from the general school fund of their respective counties one hundred dollars ($100.00), and in counties of the second class seventy-five dollars ($75.00) for such purpose, and in counties of the third class fifty dollars ($50.00) for such purpose. The money thus set apart and that collected by county superintendents as now provided by law shall be known as the County Institute Fund, and the county treasurer shall be its custodian, but he shall not receive any of it for his services as such custodian. This money shall be disbursed in accordance with the provisions of sections 1615 and 1616 of the Compiled Laws of 1897, except that all orders on this fund issued by county superintendents shall be countersigned by the conductor of such County Institutes.

Sec. 2. The territorial board of education is hereby empowered to issue a course of study for county institutes and to revoke certificates for incompetency or immorality of the holder or for any cause that should have withheld the issue of such certificates.

Sec. 3. The members of the territorial board of education shall receive ten cents per mile for attending each meeting of said board, counting one way from their place of residence to its place of meeting, and two dollars ($2.00) for each and every day said board is in session. This mileage and per diem shall be paid to the members of said board of education by the territorial treasurer upon the order of the territorial auditor out of the funds arising from the rental of the common school lands of the territory.

Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed and this act shall take effect thirty days after its passage.

CHAPTER 121.

AN ACT TO AMEND SECTION 223 OF THE COMPILED LAWS OF 1897. H. B. No. 216; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 223, Compiled Laws of 1897, regarding power of cattle sanitary board to sell cattle. Amended.

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

Section 1. That section 223 of the Compiled Laws of 1897 be and is hereby amended by adding after the word "cattle" in the second line of said section the following words, to-wit: "horses, mules and asses."

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

CHAPTER 122.

AN ACT TO SIMPLIFY THE LAWS RELATING TO DEPOSITIONS. H. B. No. 203; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 3041, Compiled Laws of 1897, regarding commission for taking interrogatories. Amended.

Section 3043, Compiled Laws of 1897, regarding duty of officers in taking interrogatories. Amended.

Sec. 3.

Sec. 4.

Section 7, chapter 82, Laws of 1901, regarding taking of depositions on interrogatories. Amended.

Sec. 5. Failure of party, after notice of time and place, to be present at taking of deposition. Objections based on laws of evidence.

Sec. 6. Objection to deposition after return to court. To be in writing. Copy to be served on opposite party.

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

Section 1. That the first three lines of section 3041 of the Compiled Laws of 1897 are amended so as to read as follows: "The commission shall be addressed on its face and on the envelope conveying the same to any one or more of the following officers, at his or their place of business or residence, the street number whereof shall be stated in the commission and on the said envelope, if known, and if not known the applicant shall make affidavit to that effect personally or by attorney or agent, which affidavit shall be filed with the clerk of the proper court before the commission issues, to-wit:"

- Sec. 2. That substantial compliance with the laws concerning the commission, and the precedent and subsequent proceedings, relative thereto, liberally to be construed by the courts, is sufficient.

Sec. 3. That section 3043 of the Compiled Laws of 1897 is hereby amended by adding at the end thereof the following: "But it shall be a satisfactory compliance herewith if the certificate of the notary public or other officer who took the deposition shows that the witness was sworn as to the truth of his answers either before they were given or at the time that his signature was appended to them."

Sec. 4. That section 7 of chapter 82 of the Session Laws of 1901 is hereby amended by the addition thereto of the following: "Provided, that the notary public or other officer empowered to take the deposition may adjourn or postpone the taking of the testimony for reasons which appear sufficient to him in furtherance of justice or the production of the eviidence, but it shall be at the cost of the party proposing the witness, unless the party giving the notice fails to be present at the time originally set for the taking of the deposition at the place named for the taking, among other proper causes of adjournment or postponement being the absence of the witness. If the cause be the absence of the witness, unless for good reason shown, the officer shall issue a subpoena for him under his hand and official seal, if he have an official seal, and set a new date for the hearing, at the same place as was originally fixed, and if either of the parties interested in the deposition is present at the time when the occasion for the adjournment or postponement arose, the new date shall be made as convenient to them as possible; otherwise the officer shall fix a date in his discretion.

Sec. 5. If a party gives notice that he desires to be present at the taking of a deposition, as now provided by law, and