owner of such abutting property, or any person interested, may appear before said city council or board of trustees and be heard as to the propriety and advisability of making such improvements, and as to the cost thereof and manner of payment therefor, and as to the amount thereof to be assessed against said abutting property.

Sec. 4. After such hearing, said city council or board of trustees shall determine as to the advisability of so grading, gravelling, macadamizing or otherwise improving such streets or alleys or parts thereof and shall determine the kind and character of such improvements so to be made, and shall proceed to advertise for bids for the doing of the work therefor, and shall enter into a contract for the doing of such work and the furnishing of all necessary materials to the lowest bidder.

Sec. 5. After the making of such contract, said city council or board of trustees shall determine what portion of such work shall be paid by such abutting property, and the owners thereof, and shall assess to each lot or parcel of land abutting upon such street or alley or part thereof so to be improved its proportionate share of such total amount.

Sec. 6. The amount so assessed shall be a lien upon such lot or parcel of land from the time of such assessment, and if such amount be not paid within thirty days from and after the completion and acceptance of such work, it shall be the duty of the city clerk of said city or recorder of the town or village to make out, sign, attest with the seal of said city and file for record in the office of the probate clerk and ex-officio recorder of the county in which said city, town or village is located, a claim of lien therefor; and all subsequent purchasers, mortgagees or incumbrancers of such lot or parcel of land, shall take the same subject to such lien.

Sec. 7. Such liens shall bear interest at the rate of eight per cent. per annum from the date of the filing thereof until paid, and after such recording may be sold and assigned to any person for its face value with interest, and may be foreclosed at any time after such recording in the same manner as now provided for the foreclosing of mortgages on real estate.

Sec. 8. In case any proposed improvement shall involve the destruction of any building or other structure, no action shall be taken until the same has been approved by the judge of the district, on notice to the owners interested; and compensation shall be made to the owners of the property destroyed, the amount thereof to be fixed by agreement or proceedings similar to condemnation proceedings by railroad companies.

Sec. 9. That section 3 of chapter 43 of the acts of the Legislative Assembly of the year 1891, being sub-section eighty-second of section 2402 of the Compiled Laws of the year 1897, and all acts and parts of acts in conflict herewith, be, and they are hereby repealed, and this act shall be in full force and effect from and after its passage.

CHAPTER 43.

AN ACT ENTITLED AN ACT TO AMEND SECTIONS 3721 AND 3722 OF THE COMPILED LAWS OF NEW MEXICO OF 1897. C. B. No. 104; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 3721, Compiled Laws of 1897, regarding examinations by board of pharmacy. Amended.

Section 3722, Compiled Laws of 1897, regarding fees for registration by board of pharmacy. Amended.

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

Section 1. That section 3721 of the Compiled Laws of 1897 be and the same is hereby amended by adding thereto, at the end of said section: "for which renewal the board of pharmacy shall be entitled to demand and receive the sum of three dollars ($3.00)." That section 3722 of the Compiled Laws of 1897 be and the same is hereby amended to read as follows: "Sec. 3722. The board of pharmacy shall be entitled to demand and receive from each person whom they register and furnish a certificate as a registered pharmacist, the sum of ten dollars ($10.00), which shall be in full for all services. In case the examination of said person shall prove defective and unsatisfactory to the board, and he be declined registration, he shall be permitted to present himself for re-examination within twelve months thereafter, and no charge shall be made for such re-examination."

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

CHAPTER 44.

AN ACT TO AMEND SECTION 13 OF THE COMPILED LAWS OF 1897, RELATING TO ACEQUIAS OR DITCHES, AND FOR OTHER PURPOSES. A. C. B. No. 56; Approved March 12, 1903.

Sec. 1.

CONTENTS.

Section 11, Compiled Laws of 1897, regarding duties of mayordomo and commissioners. Amended.

Sec. 2. Section 13, Compiled Laws of 1897, regarding interference with acequias, penalties, and neglect of duty by mayordomo. Amended.

Sec. 3. Section 24, Compiled Laws of 1897, regarding appraisers in constructing acequias. Amended.

Sec. 4. Section 32, Compiled Laws of 1897, regarding labor on acequias, failure to perform labor and penalties. Amended.

Sec. 5. Sections 36, 37, 38 and 39, Compiled Laws of 1897, regarding management of acequias. Repealed.

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

Section 1. That section 11 of the Compiled Laws of 1897 be amended as follows, to-wit: After the word "acequias" in the third line of said section, insert the following language: "and shall have power to contract and be contracted with and also to make all necessary assessments to provide funds for the payment of the salary of the mayordomo and other legitimate expenses incident to the proper conduct and maintenance of the acequias under their charge, and also to make contracts for obtaining water for irrigating purposes in connection with their ditches, such contracts to be ratified by a vote of a majority of the owners of water rights in said ditches;" and after the words "be fixed by them" in the sixth line of said section, add the following: "and shall, immediately upon taking office, provide by-laws, rules and regulations not in conflict with the laws of the territory for the government of said ditch or acequia, and a printed copy thereof shall be furnished to each owner of a water right in said ditch."

Sec. 2. That section 13 of said Compiled Laws be amended so as to read as follows, to-wit: "Any person, not the owner or duly authorized representative of the owner, of a waterright in said ditch, or any such owner or representative, who shall, contrary to the orders of the mayordomo or commissioners, cut, break, stop up, or interfere with said acequia, or any contra or lateral acequia thereof, or take or use water from the same contrary to such orders, shall be guilty of a misdemeanor, and upon complaint made before the nearest justice of the peace, a warrant shall issue for his arrest, as in

case of any other offense against the territory, and upon conviction the defendant shall be fined in a sum of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and in default of the payment of said fine shall be confined in the county jail for a period of not less than five nor more than thirty days. And it is hereby made the duty of the mayordomo of any such acequia, to prosecute in the name of the Territory of New Mexico any violation of this section whenever he shall obtain knowledge thereof, and his failure to do so shall be deemed a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment in the county jail not less than ten nor more than thirty days."

Sec. 3. That section 24 of said Compiled Laws be amended by striking out the words: "which, once done, shall be executed and without appeal."

Sec. 4. That section 32 of said Compiled Laws, be amended by adding thereto the following, to-wit: "And it shall be their duty when called upon by the mayordomo, to assist him in stopping breaks in, or removing obstructions from, any such common ditch or acequia, regardless of whether or not they have performed their annual labor thereupon; and failure to respond to such call shall be deemed a misdemeanor, and upon conviction thereof the defendant shall be fined in a sum not less than five dollars ($5.00) nor more than fifteen dollars ($15.00), and shall be denied the use of the waters of said ditch until said fine and costs are paid."

Sec. 5. That Sections 36, 37, 38 and 39 of said Compiled Laws be, and the same are hereby repealed.

Sec. 6. This act shall take effect thirty days from the date of its passage.

CHAPTER 45.

AN ACT TO PROVIDE FUNDS FOR THE PRINTING OF THE RULES OF THE SUPREME AND DISTRICT COURTS OF THE TERRITORY OF NEW MEXICO. C. B. No. 61; Approved March 12, 1903.

CONTENTS.

Sec. 1. Appropriation for the printing of rules of the supreme and district courts. Sec. 2. Territorial auditor to draw his warrant for amount appropriated. Printing to be let to lowest bidder.

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

Section 1. That the sum of one hundred dollars ($100.00)

or so much thereof as may be necessary, is hereby appropriated out of any funds in the hands of the territorial treasurer, not needed for the payment of the interest on the bonded debt, for the purpose of printing the rules of the supreme and district courts of the Territory of New Mexico. Sec. 2. The territorial auditor is hereby directed to draw his warrant upon the territorial treasury in payment of all bills presented to him for the printing of the rules of the supreme and district courts, duly approved by the clerk of the supreme court, not to exceed the amount mentioned in section 1 of this act. The printing provided for herein will be let to the lowest responsible bidder.

Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage and approval.

CHAPTER 46.

AN ACT GROUPING THE SEVERAL COUNTIES OF THE TERRITORY INTO DISTRICTS FOR DISTRICT ATTORNEY PURPOSES AND PROVIDING FOR THE APPOINTMENT OF DISTRICT ATTOR

NEYS THEREFOR. A. C. B. No. 84; Approved March 12, 1903.

CONTENTS.

Sec. 1. Creation and establishment of district attorney's districts. Appointment of district attorney. Term of office.

Sec. 2. District attorneys. Salary. Duties. Qualification.

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

Section 1. For district attorney purposes in the Territory of New Mexico, the following districts are created and established, viz:

The Counties of Santa Fe, Taos, Rio Arriba, and San Juan shall constitute the first district attorney's district. The Counties of San Miguel, Mora, Guadalupe and Quay shall constitute the second district attorney's district. The Counties of Colfax and Union shall constitute the third district attorney's district. The Counties of Bernalillo, Valencia and McKinley shall constitute the fourth district attorney's district. The County of Socorro alone shall constitute the fifth district attorney's district. The Counties of Luna, Doña Ana, Otero, and Lincoln shall constitute the sixth district attorney's district. The Counties of Grant and Sierra shall constitute the seventh district attorney's district. The Counties of