territorial auditor is hereby directed and required to draw an order on the territorial treasurer in favor of the superintendent of public instruction for a sum not exceeding twelve hundred and fifty dollars ($1,250.00): Provided, that the printing and binding authorized by this act shall be let to the lowest responsible bidder. It shall be the duty of the superintendent of public instruction of the territory, before the first day of August of each year, to forward a sufficient number of such pamphlets of compiled schools laws to the superintendent of schools of the several counties of the Territory of New Mexico. It shall be the duty of the county superintendent to place a copy of said pamphlets in the hands of the chairman of the directors of public schools in each and every district of said county. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect from and after its passage. CHAPTER 29. AN ACT RELATING TO POWERS OF PROBATE COURTS. H. B. No. 137; Approved March 11, 1903. Sec. 1. CONTENTS. Administrators required to turn over to beneficial owner, all interest held by him, which was held by intestate. Sec. 2. All assignments validated as of date of action by probate court. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Where it is made to appear to the satisfaction of the probate courts that administrators of estates have in their power, custody or control personal property, chooses in action, notes, bills, judgments, or other evidences of indebtedness, the actual title and ownership of which was not in the intestate at the time of his demise but was held by him for the beneficial interest of some third person at such time, it is hereby made the duty of the probate courts to require the administrator to assign, set over and deliver the same to the beneficial owner. Sec. 2. All assignments, settings over and deliveries of the properties mentioned in the first paragraph of this act heretofore required to be made by the probate courts, and all ratifications of such transfers heretofore made by said courts are hereby validated as of the date of the action of said probate courts. Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall be in full force and effect from and after its passage. CHAPTER 30. H. B. No. 29; Ap AN ACT TO REPEAL SECTION 1271, COMPILED LAWS OF NEW MÈXICO, AND FOR OTHER PURPOSES. proved March 11, 1903. CONTENTS. Sec. 1. Section 1271, Compiled Laws of 1897, regarding sale of liquor to Indians, Re pealed. Sec. 2. Sale of liquor to Indians. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Section 1271 of the Compiled Laws of 1897 is hereby repealed. Sec. 2. Every person or persons who sells, exchanges, gives, barters or disposes of any spirituous or fermented liquors or wines to any Indian under the charge of any superintendent or Indian agent shall be punished by imprisonment for not more than two years and by a fine of not more than five hundred dollars ($500.00). Sec. 3. 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 31. AN ACT TO AMEND SECTION 3850, COMPILED LAWS OF NEW MEXICO, 1897, RELATING TO PROCEEDINGS FOR CONDEMNAH. B. No. 3; Approved March 11, 1903. Sec. 1. TION. CONTENTS. Sub-division second, Section 3850, Compiled Laws of 1897, regarding service of notice in condemnation proceedings, Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That the second sub-division of section 3850 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended to read as follows: "Second. If the person on whom such service is to be made resides out of the territory and has a duly authorized agent residing in the territory, such service may be made on such agent, or on such person personally out of the territory; or it may be made by publishing the notice stating briefly the application and giving a description of the land to be taken, in some paper of general circulation printed in the county in which the land to be taken is situated, and if no paper is printed in the county in which such land is situated, then the paper published nearest to such county, once in each week for four weeks previous to the presentation of the petition; and if the residence of such person residing out of this territory is known, or can by reasonable diligence be ascertained, the company must in addition to such publication as aforesaid, deposit a copy of the petition and notice in the postoffice properly folded and directed to such person to the postoffice nearest his place of residence two weeks before presenting such petition to the court, and pay the postage chargeable thereon, to the United States." Sec. 2. That this act shall be in force and effect from and after its passage. CHAPTER 32. AN ACT RELATIVE TO COMMUNITY DITCHES OR ACEQUIAS AND TO AMEND AND REPEAL CERTAIN SECTIONS OF THE COMPILED LAWS OF THE TERRITORY OF NEW MEXICO OF 1897 WITH REFERENCE THERETO. H. B. No. 26; Approved March 11, 1903. CONTENTS. Sec. 1. Section 9, Compiled Laws of 1897, regarding officers of acequias, election and duties. Amended. Sec. 2. Section 10, Compiled Laws of 1897, regarding qualifications of voters for officers of acequias, Amended. Sec. 3. Section 11. Compiled Laws of 1897, regarding duties of officers of acequias. Amended. Sec. 4. Owners of acequias to labor as required by mayordomo. Penalty. Commissioners of acequias may exempt persons from labor. Sec. 6. Interference with acequias. Penalty. Sec. 7. Compensation of mayordomo and commissioners. Sec. 9. Commissioners. Penalty for neglect of duty. Sec. 10. Appeal from justice of the peace court. Sec. 11. Judges of election for acequia officers in counties of first class. Sections 12, 13. 30, 31, 32, 33, 34, 35 and 36, Compiled Laws of 1897, regarding management and control of acequias, Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That section 9 of the Compiled Laws of the Territory of New Mexico of 1897, be and the same is hereby amended to read as follows: "Sec. 9. The officers of said community ditches or acequias shall consist of three commissioners and one mayordomo or superintendent, each of whom shall be the owner of an interest in said ditch or the water therein. Said officers shall be elected annually on the first Monday of October and shall assume the duties of their offices not later than the first Monday of the following November. On or before the first Monday of November aforesaid said commissioners shall organize by the election of one of their number as chairman, another as secretary, and the other as treasurer. The mayordomo and the treasurer, separately, shall each give a bond to the territory in a sum to be fixed by said commissioners. The condition of said bonds to be for the accounting of all moneys coming into their hands by virtue of their respective offices and for the faithful performance of their respective duties. Two commissioners shall constitute a quorum and be a full board for the transaction of business at all times. In the event of a vacancy in the office of a mayordomo the commissioners shall immediately appoint a mayordomo or superintendent to hold office until his successor is elected and qualified. In case of a vacancy in the office of a commissioner, the other two commissioners and the mayordomo, or any two of them, shall immediately appoint his successor who shall immediately thereafter qualify and hold his office until his successor is qualified. In case of the joint vacancy of two or more commissioners, a majority of the owners of the water rights in said ditch shall immediately appoint their successor who shall qualify and hold office as herein provided." Sec. 2. That section 10 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended so as to read as follows: "Section 10. The election for acequia or community ditch officers, under this act, shall be held by the outgoing commissioners, under writen rules and regulations to be prescribed by them. Only those having water rights in the acequia or ditch shall be allowed to vote, but votes may be cast by writen proxy. All votes shall be in proportion to the interest of the voter in the ditch or water, or in proportion to the number or amount of his water rights, which for election purposes, shall never exceed the lands under irrigation the outgoing year. They shall canvass the votes cast and shall record and publicly announce the result of the election within twenty-four hours after the close of the same. Contests, if any, shall be commenced and conducted as now provided by law in the case of general elections for county officers, but the notice of contest shall be filed within fifteen days after the result of the election is announced as herein required. Sec. 3. That section 11 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended to read as follows: "Sec. 11. The commissioners shall assess fatigue work or tasks of all parties owning water rights in said community ditches or acequias and shall regulate the price to be paid in lieu of said fatigue work, all of which shall be uniform. They shall also be the representatives of said acequias in all civil cases for or against the same. The mayordomo or superintendent shall be the executive officer of said ditch and have the superintendence of all work thereon and of the distribution of the waters thereof, with the collection of fines, if any, and of the amounts to be paid in lieu of fatigue or task work: Provided, that he shall turn over to the treasurer of said ditch all moneys thus received, taking his receipt therefor: Provided however, that with the consent and approval of the chairman of the commissioners of said ditch, he may retain of the moneys by him thus collected such sums as are necessary to pay for fatigue work as well as repairs necessary to be made upon said ditch or any bridges, flood gates, boxes or dams necessary to be constructed or repaired. He may also, with the consent and approval of a majority of the commissioners, use of the moneys in the treasury such sums as are necessary for such purposes, drawing his approval warrant against the treasurer of said ditch commissioners whose duty shall be to cash the same and mark such warrants "paid" and report them to the commissioners for cancellation and destruction. Said mayordomo shall make full written reports of all moneys received, expended and how expended and of all his doings as such officer, to the commissioners of said ditch, semi-annually, on the first Monday in June and the last Monday of September: Provided further, that the mayordomo shall make such further reports as may be required by said ditch commissioners. The treasurer of said ditch commissioners shall make such reports to the ditch commissioners of the moneys received, expended and how expended, and kept in his custody as such treasurer and of all his doings as such officer as are herein required of the mayordomo. The commissioners shall receive and pass upon the reports of the mayordomo and the treasurer herein provided for before their term of office expires and if the same are found to be true and correct they shall approve them, otherwise they shall reject them, respectively. All proceedings of the commissioners relating to all subjects whatever shall be reduced |