year, for the term of five years, and the said Auditor when certifying to the boards of county commissioners of the respective counties his levy for state taxes shall include therein the levy hereby authorized. After the expiration of one year and at the expiration of each succeeding year for the term of five years, from the first. day of July, A. D. 1919, it shall be the duty of the State Treasurer to publish a notice once each week for four consecutive weeks in some daily paper published at the capital of the State of New Mexico, giving notice that twenty per centum of the amount of the certificates authorized by this section, and the interest thereon will be paid on the presentation and surrender of such certificates at his office, and that interest will cease upon such certificates thirty days from the date of the first. publication of such notice. The certificates so to be redeemed shall be redeemed in the order of their number, commencing with certificate numbered one, and the notice so required to be published by the Treasurer shall describe such certificates by giving the amount, date of issue, series, if they shall bear one, and number thereof, and at the expiration of thirty days from the date of notice above required, the interest shall cease on all certificates named in such notice. The certificates of indebtedness, provided for in this section, shall be numbered consecutively, beginning with number one (1) and the coupons attached thereto shall bear the same number as the certificates to which they are attached. When any of the certificates of indebtedness shall have been paid and taken up as provided for in this section, they shall be cancelled and a full record of the same, giving date, number, series, if any, amount and date of cancellation, shall be entered in a book to be kept for that purpose by the State Treasurer, and such cancelled and redeemed certificates shall be destroyed in the same manner and at the same time as is provided by law for the destruction of other evidences of state indebtedness, which has been discharged or retired. The cost of preparing, printing or lithographing and sale of certificates of indebtedness, provided for in this section, shall be paid by the State Treasurer and charged by him to the "Interest on Deposits Account." CHAPTER 162. AN ACT FIXING THE MAXIMUM RATE OF INTEREST, DEFINING USURY AND PRESCRIBING THE PENALTY FOR EXACTING THE SAME. Senate Bill No. 19 (as amended); Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. Any rate of interest not exceeding ten per centum per annum agreed to by the parties to the contract, shall be legal, and no person shall directly or indirectly take or receive any money, goods or things in action or in any other way, any greater interest, sum or value for the loan or forbearance of any money, goods or things in action than ten per centum per annum; provided that a minimum charge of One Dollar ($1.00) may be made for interest where the said rate fails to aggregate said sum. SEC. 2. If a greater rate of interest than is hereinbefore, in Section 1, allowed, shall be contracted for or received or reserved, the contract shall not therefore be void; but in any action on such contract, proof may be made that a greater rate of interest has been directly or indirectly contracted for or taken or reserved, and the plaintiff shall recover only the principal less the amount of interest accruing thereon at the rate contracted for, and the defendant shall recover costs; and if interest shall have been paid, judgment shall be for the principal less twice the amount of interest paid and less the amount of all accrued and unpaid interest. SEC. 3. The acts and dealings of an agent in loaning money shall bind the principal, and in all cases where there is illegal interest contracted for by the transaction of any agent, the principal shall be held thereby to the same extent as though he had acted in person, and when the same person acts as agent for the borrower and lender, he shall be deemed the agent of the lender for the purpose of this chapter. SEC. 4. The provisions of this act shall not apply and it shall not be considered usury to agree for a rate of interest not exceeding twelve (12) per cent, where the evidence of indebtedness of such loan is not secured by collateral security. SEC. 5. All acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 163. AN ACT DECLARING THE ROAD BEGINNING AT RAMAH IN THE COUNTY OF MCKINLEY, THENCE TO THE TOWN OF GALLUP, IN THE COUNTY OF MCKINLEY, VIA DANHOFF'S INDIAN TRADING STORE, IN THE SAID COUNTY OF MCKINLEY, A STATE HIGHWAY; AND AUTHORIZING A LEVY FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. Senate Bill No. 73 (as amended); Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That there is hereby established and created a state highway to start at Ramah in the County of McKinley, thence to the Town of Gallup in the County of McKinley, via. Danhoff's Indian Trading Store, in the said County of McKinley. SEC. 2. That the Board of County Commissioners of the County of McKinley is hereby authorized to cause to be made in the years 1919 and 1920 a levy of not to exceed one mill on each dollar of taxable property in said county for the purpose of providing funds for the working, construction and maintenance of such portion of said highway as lies in the respective County of McKinley. SEC. 3. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible time, and, therefore, an emergency is hereby declared to exist and this act shall take effect and be in full force and effect from and after its passage and approval. CHAPTER 164. AN ACT APPROPRIATING FUNDS FOR THE SUPPORT AND MAINTENANCE OF THE NEW MEXICO ORPHANS' SCHOOL AT SANTA FE, AND OF THE VARIOUS CHARITABLE INSTITUTIONS AND HOSPITALS FOR WHICH APPROPRIATIONS WERE MADE BY THE LEGISLATIVE ASSEMBLY OF 1909. Senate Bill No. 26; Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. For the eighth fiscal year of the State of New Mexico there is appropriated for the New Mexico Orphans' School at Santa Fe and the various charitable institutions and hospitals of New Mexico, for the maintenance of which annual appropriations were made by the Legislative Assembly of 1909, the following amounts, to-wit: St. Vincent's Hospital at Santa Fe.... Eddy County Hospital at Carlsbad.. Sisters of Loretta at Las Cruces... .$ 3,600.00 1,800.00 1,800.00 1,800.00 1,800.00 2,400.00 3,000.00 2,000.00 1,800.00 1,000.00 1,000.00 The New Mexico Orphans' School at Santa Fe...... 10,000.00 SEC. 2. For the ninth fiscal year of said state there is appropriated for the various institutions and hospitals mentioned in the preceding section the same amount of each thereof as is appropriated in said section. SEC. 3. For the eighth and ninth fiscal years the State Auditor of New Mexico is directed to make a sufficient levy on all property subject to taxation in this state, to realize the amounts herein above appropriated, and to direct the several collectors of taxes to collect the same at the same time and in the same manner as other taxes are collected and paid, and when the same shall be paid over to the State Treasurer, he shall deposit the same in a separate account to be kept by him and to be known as "Charitable Institutions and Hospitals Fund," and the said Auditor shall draw his warrants on such funds, when available, on vouchers properly signed by the institutions herein above mentioned, and the said Treasurer shall pay the said warrants on presentation thereof to him. SEC. 4. All acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 165. AN ACT PROVIDING FOR EXEMPTIONS FOR RESIDENTS WHO HAVE SERVED IN THE ARMY, NAVY OR MARINE CORPS OF THE UNITED STATES IN TIME OF WAR, AND FOR EXEMPTIONS FOR THEIR WIDOWS. Senate Bill No. 31 (as amended); Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. The property, not to exceed two thousand dollars in actual value, and poll tax, of every resident of this state who has served in the army, navy or marine corps of the United States in time of war and who has been discharged therefrom by any kind of a discharge except dishonorable, or for misconduct, and of the widow of any such soldier or sailor remaining unmarried shall be exempt. It shall be the duty of every assessor annually to make a list of such soldiers, sailors and widows, and he shall make a reduction equal to their amount of exemption, the same to be made from the homestead of such soldier or sailor or widow, if he or she shall own a homestead of the value of such exemption, otherwise out of such property as shall be designated and owned by the soldier, sailor or widow. The exemption herein provided shall also extend to property of the wife of any such soldier or sailor, where they are living together and occupying the same as their homestead, and he has not otherwise received the benefits of this act. SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 3. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico, that the provisions of this act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist and this act shall take effect and be in full force and effect from and after its passage and approval, if passed by the required two-thirds majority, or failing such majority, at the time otherwise provided by the constitution. CHAPTER 166. AN ACT TO APPROPRIATE MONEY FOR SURVEYS AND INVESTIGATIONS OF LAND IN THE RIO GRANDE VALLEY. Senate Bill No. 62 (as amended); Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That the sum of Five Thousand Dollars ($5,000.00), or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of making the necessary investigations and surveys of the Rio Grande Valley from the New Mexico-Colorado state line to the New MexicoTexas state line, and reporting upon the feasibility of reclaiming and draining lands which are now unfit for agricultural purposes; such surveys and investigations to be made by, or under the direction of, the State Engineer, and the State Engineer is authorized to co-operate with the U. S. Reclamation Service or other Federal agencies, and said money to be paid |