CHAPTER 2. AN ACT TO ESTABLISH AND MAINTAIN AN ASYLUM FOR THE CONTENTS. Sec. 1. "New Mexico Asylum for the Deaf and Dumb" created. Location. Sec. 6. Boards of Trustees. Qualifications. Appointment. Term of office. Organi- Institute for the Blind. Purpose. Rules of admission. Sec. 7. Miners' Hospital. Reform School. confinement. Sec. 11. Reform School. Sec. 12. Purpose. Rules of admission. Whom to be confined therein. Duty of courts. Term of Superintendent or Warden to enforce rules. Be it enacted by the Legislative Assembly of the Territory of New Section 1. That there is hereby created and established an asylum for the deaf and dumb, to be known as the "New Mexico Asylum for the Deaf and Dumb," which is hereby es- tablished and permanently located at the city of Santa Fe, in the county of Santa Fe and Territory of New Mexico. Sec. 2. That there is also hereby located and established a territorial institution, to be known and called the "New Mex- ico Reform School," which is hereby located somewhere within the counties of Taos, Rio Arriba or San Juan, upon a tract of land of not less than twenty acres, suitable for the pur- poses of such institution, to be donated and conveyed free of cost to the Territory of New Mexico, the title to which shall be examined and passed upon by the solicitor general, and proper conveyances thereof made within six months from the passage of this act, such tract of land to be selected by three commissioners appointed by the governor for that purpose Sec. 3. That there is also hereby created and established an institution of learning to be known as the "New Mexico of land suitable for the purposes of such institution, consisting of not less than twenty acres, to be donated and conveyed free of cost to the Territory of New Mexico, the title to which shall be examined and passed upon by the solicitor general, and proper conveyances thereof made within six months from the passage of this act, such tract of land to be selected by three commissioners to be appointed by the governor for that purpose as hereinafter provided. Sec. 4. That there is also hereby created and established an institution to be known and called the "Miners' Hospital of New Mexico," which institution is hereby located at the City of Raton in Colfax county, New Mexico, upon a tract of land consisting of not less than ten acres within one mile of the depot of the railroad station of the Atchison, Topeka and Santa Fe Railroad Company at said town of Raton, to be donated and conveyed free of cost to the Territory of New Mexico, the title to which shall be examined and passed upon by the solicitor general, and proper conveyances thereof made within six months from the passage of this act, said tract of land to be selected by three commissioners to be appointed by the governor for that purpose as hereinafter provided. Sec. 5. That act of congress, approved June 21st, 1898, entitled an act "to make certain grants of land to the Territory of New Mexico, and for other purposes," is hereby accepted with all its terms and conditions, by the Territory of New Mexico, in so far as the same apply to the above named institutions; and no improvements or buildings shall be made or created upon any of such lands as are herein before provided for until proper deeds therefor, duly approved by the solicitor general, have been executed and recorded in the proper county and filed in the office of the secretary of the territory. Sec. 6. The management and control of each of said institutions above established, the care and preservation of. all property of which they shall become possessed, the erection and construction of all buildings necessary for their use, and the disbursement and expenditure of all moneys appropriated by the Territory of New Mexico, or which shall otherwise come into their possession, shall be vested in a board of five trustees, one of such boards for each of said institutions; and each of said trustees shall be qualified voters and owners of real estate in the Territory of New Mexico. Said trustees shall possess the same qualifications, shall be appointed in the same manner, and their terms of office shall be the same and the vacancies therein shall be filled in the same manner as is now provided by law with reference to the regents of the Territorial University at Albuquerque, New Mexico. Said trustees and their successors in office shall constitute a body corporate, under the name and style of "The Trustees of the New Mexico Asylum for the Deaf and Dumb," "The Trustees of the New Mexico Reform School," "The Trustees of the New Mexico Institute for the Blind" and "The Trustees of the Miners' Hospital of New Mexico,” respectively, with the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal and altering the same at pleasure, and of causing all things to be done necessary to carry out the provisions of this act. A majority of such board of trustees of any of the above institutions shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. Said trustees shall be respectively appointed by the governor of the Territory of New Mexico, within thirty days after he shall be notified by the secretary of the territory that the deeds for each of the above named institutions have been filed in his office; and it shall be the duty of each of said boards of trustees to meet and organize by electing its officers at the county seat of the county wherein the said institutions are located, within thirty days after their appointment, which officers shall be elected in the same manner and possess the same qualifications as the officers of the University of New Mexico now possess; and the secretary and treasurer respectively of each of such institutions located as aforesaid, shall each give bond in the sum of ten thousand dollars, ($10,000) to the Territory of New Mexico, with two or more sufficient sureties resident of this territory, or by duly authorized surety company, conditioned for the faithful performance of their duties, and that they will faithfully account for and pay over to the person or persons entitled thereto, at the time and in the manner provided by law, or pursuant to contract, all moneys which shall come into their hands as such officers, which bond shall be approved by the judge of the district court within whose district the said institution is located, and after approval shall be filed and recorded in the office of the territorial secretary. The governor of the territory shall be ex-officio a member of each of the boards of trustees, but shall not have the right to vote or be eligible to office. Sec. 7. The boards of trustees of each of said institutions shall have power, and it shall be their duty, to pass and enforce by-laws, rules and regulations for the government of such institutions, for the proper carrying out of their several objects, not in conflict with the laws of the Territory of New Mexico, or any act of congress, and to provide all proper and necessary books, apparatus, instruments, medicines, clothing, food and supplies, and other materials or things nec essary for the proper conduct of the several institutions herein before named and the care, support and protection of the inmates thereof when necessary; also to employ all teachers, physicians, wardens or superintendents and employes, and to prescribe the duties and compensation of each, and they shall have full power to remove or discharge any officer or employe appointed or selected by them in any of such institutions, when in their judgment the interest of such institution shall require. Sec. 8. The institute for the blind herein established and created is intended and meant for the proper instruction of the blind youth of the territory, and all such persons resident in the territory between the ages of five and twenty-one years shall be entitled, upon application to the board of trustees, to free care and support and instruction at such institution; except in cases where such pupil or the parents or guardian thereof is possessed of property or means sufficient to enable him to pay the reasonable costs and charges incurred by his attendance at such institution, in which case he shall pay therefor. Sec. 9. The miners' hospital hereby established and created is intended and meant to be for the free treatment and care of resident miners of the Territory of New Mexico, who may become sick or injured in the line of their occupation; and all lodging and medical care shall be free of charge, as shall all other expenses incurred by the patient, except in cases where such patient is possessed of property and means sufficient to enable him to pay the actual costs and charges incurred by his attendance at such hospital, in which case the board of trustees may make provision for his being charged and paying such expenses incurred. Sec. 10. The reform school hereby created and established is intended and meant for the confinement, instruction and reformation of juvenile offenders against the laws of the Territory of New Mexico, and of any persons of idle, vicious or vagrant habits of both sexes in the Territory of New Mexico, under the age of eighteen years, who may be convicted of any offense less than a felony punishable by impris onment in the penitentiary for the term of life, and it shall be the duty of the court upon such conviction, when it is shown to the court that the person convicted is under the age of eighteen years, to order the sentence to be executed by confinement in such reform school instead of in the penitentiary, after such school shall be fully equipped and prepared to receive, confine and care for such offenders, which time shall be designated by proclamation of the governor of the Territory of New Mexico; and thirty days after such proclamation is issued and published it shall be the duty of all courts in the Territory of New Mexico to incarcerate offenders as aforesaid in the reform school instead of the penitentiary in passing sentence upon such offenders; and upon complaint under oath being made to any judge of the district court that any person of either sex under the age of eighteen years is of idle, vicious and vagrant habits, it shall be the duty of such court to investigate and pass upon the complaint so made as in cases of misdemeanors during the terms of the district court as other criminal cases are tried before it, and all the laws and provisions in regard to such trials for misdemeanors are hereby made applicable to such complaints, and in case said court shall find the complaint to be sustained by the evidence it shall find the defendant guilty and sentence him to such reform school for any period not exceeding one year; such proceedings before said court to take effect at the same time after proclamation by the governor as hereinbefore provided for other sentences in the district court. Sec. 11. All persons sentenced to such reform school shall be compelled to perform such useful labor and submit to such rules and regulations in and about the said school and grounds as the board of trustees may prescribe, and the superintendent or warden shall have the power, and it shall be his duty, to see that all rules and regulations of the said board are properly enforced, and infringements thereof shall be properly punished. Sec. 12. Within sixty days after the passage of this act the governor shall appoint a committee for each of the institutions above named, each of said committees to consist of three competent and disinterested persons, not more than two of whom shall live in any county wherein any of the above institutions are located by this act; and it shall be the duty of these commissioners to proceed to the localities named in this act for the establishment of the several institutions and their examination of the several sites which may be presented for the acceptance of the territory for the purposes named and their designation, adoption and selection or rejection of such lands be final, and unless the title for the land so selected shall be conveyed in the manner herein before provided within six months after the adoption of this act, then no portion of the moneys received from donations under the act of congress or by this act shall be available for the purposes of the institution so failing. The commissioners hereby named shall make a report in writing of their doings together with a description of the land selected, to the governor of the territory, together with a statement of costs and expenses incurred by them in making such selections for each institution |