CHAPTER 78. AN ACT WITH REFERENCE TO THE SELECTION, SEGREGATION, LEASING AND SALE OF THE LANDS HERETOFORE DONATED BY THE UNITED STATES TO THE TERRITORY OF NEW MEXICO FOR INSTITUTIONAL, IRRIGATION AND OTHER PURPOSES. C. B. No. 113; Approved March 17, 1903. CONTENTS. Sec. 1. Sec. 2. Sec. 3. United States land commission. Compensation. Locating agent. Appoint Lands to be sold to reimburse territory for amounts appropriated. Section Sec. 5. Sec. 7. Sec. 8. All moneys derived from sales or leases to be paid to territorial treasurer. Be it enacted by the Legislative Assembly of the Territory of New Section 1. That for the purpose of enabling the United States land commission, created by the act of congress of June 21st, 1898, for the selection of land donations within the Territory of New Mexico to proceed with its duties, and complete the selection of lands donated under said act of congress, each member of said commission as now constituted is hereby allowed as compensation for his services as such the sum of five hundred dollars ($500.00) per annum, payable monthly. The locating agent of the said commission shall perform such duties as may be required of him by said commission, including the selection of all lands, the preparation of all field notes, descriptions, maps, plats, lists, statements and office work in connection with the duties of such locating agent, and shall receive in full compensation for such service a salary of eighteen hundred dollars ($1,800.00) per annum, payable monthly; and, in addition to such salary he shall be allowed his actual and necessary traveling expenses, and actual and necessary expenses in the field, while engaged on business of said land commission, as such selecting agent, and shall give a bond to the Territory of New Mexico in the sum of five thousand dollars ($5,000.00), conditioned for the faithful performance of all his duties and true rendering of all accounts, which bond shall be made by some surety company authorized to do business in the Territory of New Mexico, and shall be approved as to form by the solicitor general of the terri tory. The said commission is further authorized to procure the necessary stationery, supplies and clerical assistance for the proper conduct of the affairs of the commission, and shall be allowed therefor a sum not more than one thousand dollars ($1,000.00) in any one year. Sec. 2. For the purpose of paying the salaries and expense of locations, etc., the lands selected and located by the said commission are charged with the payment thereof, out of the proceeds of the sale or leases of the same, to be paid by the territorial treasurer upon the warrant of the territorial auditor, to be issued upon itemized and verified accounts filed with the said auditor. Sec. 3. For the purpose of reimbursing the various persons who have advanced, or may hereafter advance the moneys required for the location of any of the lands granted for the benefit of the various territorial institutions, reservoirs and improvements in the flow of the Rio Grande, the board of public lands is hereby authorized and directed to allow, as a credit on the purchase or lease of lands such amounts so advanced, to be evidenced by the books and receipts of the said United States land commission, and to be charged as a part of the actual and necessary expenses in procuring, selecting and administering the donations under said act of congress of June 21st, 1898, as now provided by law; and all sums of money heretofore advanced for the locating and lease and sale of lands, which said locations, or the leases or sales of which have not been and shall not be finally approved, or which may be cancelled or disapproved under the further provisions hereof, shall be returned to said persons so making said advances. Sec. 4. The commissioner of public lands and the board of public lands of the Territory of New Mexico shall proceed, at as early a date as possible, to cause to be sold the lands of the various institutions, except the University, for the purpose of reimbursing the Territory of New Mexico for the amount appropriated in cash for such various territorial institutions by the 35th legislative assembly, and for the purpose of paying to each of said institutions the amount in excess of such appropriations, as provided in said appropriation act; and are hereby directed to pay into the hands of the territorial treasurer, and to the credit of the various institutions, all sums derived from such sales; and section 32 of chapter 69 of the acts of the legislative assembly of the Territory of New Mexico of 1901 is hereby amended by striking out the figures "50" in the fifth line of such section, and inserting in lieu thereof the figures “75.” Sec. 5. Hereafter all moneys derived from approved leases, sales, etc., of territorial lands, shall be paid to the territorial treasurer by the commissioner of public lands, on the first day of each month, to the credit of the several funds entitled to receive the same and to furnish to said territorial treasurer an itemized statement which will enable the latter official to keep the correct accounts with the various territorial institutions and with the permanent reservoir fund and the improvement of the Rio Grande fund. Sec. 6. Section 5 of chapter 69 of the Laws of 1901, with reference to the contingent expenses of the board of public lands, is hereby amended by striking out the words and figures "fifteen hundred dollars ($1,500.00)" and inserting in lieu thereof "one thousand dollars ($1,000.00)," and hereafter the salary of the commissioner of public lands, and the contingent expenses of his office, shall be paid upon a warrant drawn by the territorial auditor upon the territorial treasurer, out of the public land funds, proportionately out of each of said funds; and the commissioner of public lands shall file with the territorial auditor an itemized statement and account of all such contingent expenses before the warrant shall issue for the payment thereof. Said itemized account of such expenditures, as well as the itemized account of contingent expenses of the United States land commission, and of the locating agent, to be made under oath. Sec. 7. The commissioner of public lands and the board of public lands of the Territory of New Mexico are hereby ordered and directed to cancel all leases entered into or approved by them for the leasing of lands donated for the improvement of the Rio Grande in New Mexico or the surface flow thereof, except such leases, if any, as have heretofore been approved by the secretary of the interior, or are now in his office for approval; and the said officers are hereby directed to cancel all leases of lands donated for reservoirs for irrigation purposes, heretofore made by them, if any, except contracts heretofore made by them for the location of lands under reservoir sites, and approved by the secretary of the interior, or now pending with that official for approval. And the said officers are further directed not to accept applications for the leasing of any lands donated for water reservoirs for irrigating purposes or for the improvement of the Rio Grande or the surface flow thereof, and, further, to return to all parties who have heretofore made application for the leasing of any such lands, which applications are hereby directed to be cancelled, all sums of money paid by any such parties upon such leases. Said moneys to be so repaid out of any moneys now on hand in the permanent reservoir fund or improvement of the Rio Grande fund, or out of any moneys hereafter coming into such funds, respectively. Sec. 8. The commissioner of public lands shall immediately procure from said United States land commission for the location of lands under said act of congress, and keep in his office, a transcript of all selections if he should not now have the same, and shall also enter at once upon the record book in his office, the approval, by the secretary of the interior, when made, of all locations of lands for institutional or other purposes, and also the action of the secretary of the interior in approving or disapproving any leases or sales of any such lands. Sec. 9. This act shall be in force and effect from and after its passage. CHAPTER 79. AN ACT ENTITLED "AN ACT TO PROVIDE FOR ADJUSTING THE INDEBTEDNESS OF LUNA COUNTY TO GRANT COUNTY." H. S. for H. B. No. 34; Approved March 17, 1903. CONTENTS. Sec. 1. Commission to assemble and ascertain total amount of indebtedness due Grant county. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. For the purpose of adjusting the indebtedness due by Luna county to Grant county, and to fix a basis for the settlement thereof, it shall be the duty of the auditor, treasurer and superintendent of public instruction of the Territory of New Mexico to assemble as a commission for that purpose, and ascertain, on or before the first day of May, A. D. 1903, the total indebtedness, at the time of the creation of Luna county, of Grant county from which Luna county was segregated, less cash on hand to meet such indebtedness (not including as cash on hand the amount of money in school funds credited to the school districts of Grant county now a part of Luna county, for the year 1901), and less the value of all permanent public improvements remaining in Grant county, and also ascertain from the assessment rolls for the year 1900 the value of all taxable property embraced within the limits of Luna county that was taken from Grant county, and thereupon to determine the amount of such indebtedness that may be due from Luna county to Grant county, less the amount of cash on hand to meet such indebtedness (not including the school funds aforesaid), as such conditions existed on the first day of April, A. D. 1901; and the amount so found to be due from Luna county to Grant county, by said commission, shall be final and conclusive in both counties. Sec. 2. This act shall be in force from and after its passage and all acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 80. AN ACT RELATIVE TO BOUNTIES ON WILD ANIMALS. H. B. No. 94; Approved March 17, 1903. CONTENTS. Sec. 1. Chapter 10, Laws of 1901, regarding bounty on wild animals. Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That chapter 10 of the Session Laws of 1901 be and the same is hereby amended to read as follows: "The several boards of county commissioners are hereby authorized and directed to levy annually a special tax on horses, bovine cattle, sheep and goats that may be found in their respective counties to any amount not exceeding four (4) mills, on the assessed value thereof for the purpose of raising money with which to pay bounties for the killing of wild animals. Such special tax shall be collected in the manner provided by law for the collection of other county taxes and paid into the county treasury as a "Wild Animal Bounty Fund" to be used exclusively for the payment of bounties for the killing of wild animals at the following rates: "For each coyote or wild cat, two dollars ($2.00); for each lynx, two dollars ($2.00); for each gray wolf, lobo, panther or mountain lion, twenty dollars ($20.00); for each bear, ten dollars ($10.00). "That no bounty certificates shall be issued in payment of scalps under the provisions of this act unless there are funds in the "Wild Animal Bounty Fund" to pay the same. "Sec. 2. That each party presenting an application for the payment of the bounties provided for in section 1 of this act, shall make affidavit before the probate clerk and ex-officio clerk of the board of county commissioners that he killed the said wild animals in the county wherein he applies for bounty, setting forth the location and the date of said killing, and wherever possible furnishing witnesses to verify his state |