the peace in the county; and the moneys thus recovered from said fines, shall be paid to the county treasurer, to be applied to the school fund of the district where said offense is committed.

Sec. 5. Nothing in this act shall be construed as applying to the community or other ditches constructed from and conveying waters from the Rio Grande.

Sec. 6. All acts and parts of acts in conflict with this shall be repealed, and this act shall be in full force and effect from and after its passage.

CHAPTER 16.

AN ACT TO AMEND SECTION 1 OF CHAPTER 74 OF THE SESSION LAWS OF 1901, ENTITLED "AN ACT TO AMEND THE FIRST SUBDIVISION OF SECTION 4141 OF THE COMPILED LAWS OF 1897, RELATING TO PEDDLERS.' H. B. No. 95; Approved March 5, 1903.

CONTENTS.

Sec. 1. Section 1. Chapter 74, Laws of 1901. Regarding peddlers, Amended.

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

Section 1. Section 1 of chapter 74 of the Session Laws of 1901 is hereby amended to read as follows: "All persons who may engage in any itinerant trade, by sample or otherwise, selling at retail to individual purchasers who are not dealers in the article sold, except in the selling of maps, books, newspapers, fuel, fruits and domestic machinery, shall be considered peddlers within the meaning of this act."

Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.

CHAPTER 17.

AN ACT ENTITLED “AN ACT TO ENCOURAGE THE ESTABLISHMENT OF SANITARIUMS IN THE TERRITORY OF NEW MEX

ICO." H. B. No. 149; Approved March 5, 1903.

Sec. 1.

CONTENTS.

Certain sanitariums exempted from taxation,

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

Section 1. Any company or corporation which shall, within

the period of one year from the passage of this act, commence, and within the period of two years from and after the passage of this act shall have expended at least the sum of one hundred thousand dollars ($100,000.00) in the erection or construction of a sanitarium for the care of invalids and those persons afflicted with tuberculosis and other pulmonary diseases, in this territory, shall, thereafter, be exempt from taxation upon all property actually used for or in connection with such sanitarium for a period of six years from and after the expiration of two years after the passage of this act, and unless the said expenditure be fully made as stated herein, then and in that case this act shall be null and void and of no effect.

Sec. 2. This act shall take effect thirty days after its passage.

CHAPTER 18.

AN ACT IN RELATION TO THE PAYMENT OF TAXES BY THE SANTA FE PACIFIC RAILROAD COMPANY. H. B. 81; Ap

proved March 7, 1903.

CONTENTS.

Sec. 1. Tax, as fixed by act of Congress, upon property of Santa Fe Pacific Railroad company, to be paid collectors of Bernalillo, Valencia and McKinley counties. Form of tax receipts.

Sec. 2. Tax collected to be distributed to various funds.

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

Whereas, pursuant to the terms of an act of the Congress of the United States, entitled "An Act authorizing the Santa Fe Pacific Railroad company to sell or lease its railroad property and franchises, and for other purposes" approved June 27, 1902, it is provided that the said Santa Fe Pacific Railroad company, its successors or assigns, shall pay an annual tax at the rate of one hundred and seventy-five dollars ($175.00) per mile to the Territories of New Mexico and Arizona, respectively, for each mile of main track in said territories, respectively, the same to be apportioned among the counties of said territories in which said railroad is located according to the mileage in each county, said taxes so fixed by said act being in lieu of all other taxes upon the property mentioned in said act of congress, excepting the land grant and the shops situate at Albuquerque, New Mexico, including the machinery therein and the lands upon which said shops are situate; and

Whereas, it is provided by said act of congress that said tax shall be paid to each of said territories, but does not specify how or to what officers of the territory the same shall be paid;

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

Section 1. The said tax upon the property of the Santa Fe Pacific Railroad company, as fixed by the Act of Congress, approved June 27, 1902, shall be paid by said railroad company, its successors or assigns, to the collector of the Counties of Bernalillo, Valencia and McKinley, respectively, at the time and in the same manner as other taxes are paid in this territory, proportionately according to the number of miles of main track of said Santa Fe Pacific Railroad company lying and being in each of said counties, respectively, and the said collector of taxes shall make and issue to said railroad company, its successors or assigns, his receipt for all taxes paid to him under the provisions of this act in the same manner as tax receipts are now issued by collectors of taxes under the laws of this territory.

Sec. 2. Upon the payment to the collector of the counties herein before named of the total amount of the tax due to said county under the provisions of the said act of congress, the said collector shall distribute the same to the several funds, territorial, county, school, municipal, town and city. as well as all interest funds, using as a basis for such distribution the several levies as annually made by authority of law for the above enumerated purposes.

Sec. 3. This act shall take effect and be in force from and after its passage.

CHAPTER 19.

AN ACT ENTITLED "AN ACT DIRECTING THE TERRITORIAL TREASURER TO TRANSFER CERTAIN FUNDS TO PENITEN

TIARY ACCOUNT." H. B. No. 70; Law by Limitation, March 9, 1903.

CONTENTS.

Sec. 1. Five thousand dollars ($5,000.00) transferred to general maintenance fund of penitentiary.

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

Section 1. The territorial treasurer is hereby directed to

transfer from any funds in the treasury, the sum of five thousand dollars ($5,000.00) and place the same to the credit of the general maintenance fund of the penitentiary.

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

CHAPTER 20.

AN ACT IN RELATION TO COUNTIES AND COUNTY INDEBTEDNESS. C. B. No. 111; Approved March 10, 1903.

CONTENTS.

Sec. 1. Counties or parts of counties, having outstanding indebtedness, not to be released from taxation, when taken to form a new county or add to area of old county. Duty of commissioners in levying and collecting taxes. Proviso.

Sec. 2. Moneys collected by collector of new county to be paid to treasurer of county from which territory is taken.

Sec. 3. Entire county, having outstanding indebtedness, taken to form new county, not released from indebtedness. County commissioners to make levy. Sec. 4. Failure of commissioners, assessors or collectors to make levy and collect taxes. Penalty.

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

Section 1. Whenever a part of the territory embraced within the limits of any county of this territory having outstanding indebtedness, bonded or otherwise, is taken to form a new county or to add to the area of a county already in existence, nothing in the act shall be construed to release any of the citizens or property, subject at that time or which may thereafter become subject to taxation within the exterior boundaries of the territory so taken, unless such indebtedness has been otherwise provided for, and the board of county commissioners of such new county or of the county to which such territory has been added is hereby authorized and required to levy annually a tax which shall be assessed and collected by the assessor and collector at the time and in the manner that other taxes are assessed, levied and collected in said county upon all the citizens and residents and property subject or which may thereafter become subject to taxation within the limits of the territory so taken as the same legally existed and is established at the time the said territory is taken: Provided, that said tax shall be uniform between the county gaining and the county losing the territory. The board of county commissioners of the county whose territory has been taken shall notify the board of county

commissioners of such new county to which territory has been added of the amount of the levy and for the purposes above specified immediately upon the same being made; and no adjournment of either board of county commissioners, when convened for making the levies for the purposes of taxation, shall be had until the levy herein provided for shall have been made.

Sec. 2. All moneys collected by the collector of such new county or of the county to which said territory has been added pursuant to the levy and assessment provided for in section 1 of this act, shall be paid to the treasurer and collector of the county from which territory was taken, on or before the fifteenth day of each month.

Sec. 3. Should an entire county having an outstanding indebtedness, bonded or otherwise, be taken so as to form a new county or be absorbed into another county already existing, it is hereby made the duty of the board of county commissioners of such new county, or of the county into which such entire new county may have been absorbed, annually to levy a tax which shall be assessed and collected by the assessor and collector of said county at the time and in the manner that other taxes are levied, assessed and collected in said county, unless such indebtedness has been otherwise provided for, upon all citizens, residents and property now subject or which may herein be subject to taxation within the limits of the county so taken or absorbed as herein mentioned sufficient to pay the interest or principal or both of such outstanding indebtedness in the same manner and to the same extent as was or would be required of the county commissioners of the county so taken or absorbed had the same not been taken or absorbed.

Sec. 4. Any member of the board of county commissioners of any county or any assessor or collector or other officer charged with the levy, assessment or collection of taxes who shall fail to perform the duties provided for in this act, shall, upon complaint made to the governor of this territory of the fact of such failure, be forthwith removed from office.

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