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ing any one year, the same being the proceeds of the collections from the territorial levy for the year in question, such county shall be deemed a county of class "A." Over twenty-seven thousand and under thirty-five thousand dollars a county of class "B." Over twenty thousand and under twenty-seven thousand dollars, a county of class "C." Over fifteen thousand and under twenty thousand dollars, a county of class "D." And under fifteen thousand dollars a county of class "E." The collections herein given are based upon a levy of fifteen and one-half mills.

Sec. 2. The county commissioners of the several counties of this territory shall receive the following compensation:

In Counties of Class "A".

..$800.00 per annum;

In Counties of Class "B".

500.00 per annum;

In Counties of Class "C".

400.00 per annum;

In Counties of Class "D".

300.00 per annum;
200.00 per annum;

In Counties of Class "E". and five cents per mile for each mile actually and necessarily traveled in going to and from regular meetings of such board: Provided, That the meetings of said boards shall not exceed twelve in number in each year.

Sec. 3. The probate judges of the several counties of this territory, shall receive the following compensation:

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Sec. 4. The probate clerks of the several counties of this territory shall receive the following compensation as ex-officio clerks of the boards of county commissioners, in addition to the fees now allowed by law to such probate clerks and ex-officio county recorders, and no more:

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Sec. 5. The county school superintendents of the several counties of this territory shall receive the following compensation:

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In Counties of Class "D".

600.00 per annum;

400.00 per annum.

In Counties of Class "E".

Sec. 6. Section 6 of Chapter 27 of the Laws of the 34th Legislative Assembly of this territory is hereby repealed, to take effect January 1, 1907.

Sec. 7. The classification of the several counties of this territory shall be made each year by the territorial traveling auditor, and shall be ascertained and determined from the sums paid into the territorial treasurer by the collectors of the several counties of this territory, for the fiscal year ending on November 30th, and previous to the year for which services are to be rendered, and the territorial traveling auditor shall immediately after the passage of this act, and hereafter on or before December 31st, of each year, certify to each board of county commissioners the classification of their respective counties for the ensuing year, ascertained and determined in the manner hereinbefore prescribed.

Sec. 8. Any member of any board of county commissioners of this territory, after the notice of classification of their respective counties has been certified to them by the territorial traveling auditor, who shall neglect to perform the duties imposed upon such board in Section 7 of this act shall be liable to summary removal by the governor of this territory.

Sec. 9. This act shall in no manner affect or change the salaries of the county officials of the County of Santa Fe for the years 1905 and 1906.

Sec. 10. The county assessors of the several counties of this territory shall be allowed for their services four per centum upon all moneys collected upon assessments upon taxable property made by them, and also upon all mercantile licenses assessed by them, and no more, under any circumstances, whatever, to be paid out of moneys collected on said assessment, and to be paid as other moneys are disbursed on warrants of the county commissioners.

Sec. 11. The county treasurers and ex-officio collectors of the several counties of this territory shall be allowed, and shall receive, for their services four per centum upon all moneys for taxes and licenses collected or received by them, within their respective

counties.

Sec. 12. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in full force on and after April 1, 1905, except Section 6 of this act, which shall take effect as provided for.

CHAPTER 61.

AN ACT TO PROVIDE FOR THE COLLECTION OF POLL TAX IN THE TERRITORY OF NEW MEXICO. H. B. No. 92; Approved March 14, 1905.

CONTENTS.

Sec. 1. Section 1549, Compiled Laws of 1897, regarding poll tax, amended. Poll tax levy. Duties of clerk of school district in respect to poll tax. Taxes to be paid to county treasurer. Provisos.

Sec. 2.

Section 1550, Compiled Laws of 1897, regarding district clerk's duties in respect to poll tax, amended. Duty of district clerk to prepare lists of persons liable to pay poll tax.

Sec. 3. Section 1551, Compiled Laws of 1897, requiring county assessor to make poll tax list, repealed.

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

Section 1. That Section 1549 of the Compiled Laws of 1897 be amended so as to read as follows:

"Section 1549. That a poll tax of one dollar shall be levied upon all able bodied male persons of the age of twenty-one years or over, for school purposes. It shall be the duty of the clerks of the various school districts of the Territory of New Mexico to make out separate lists of all persons liable to pay a poll tax, resident in their respective districts and the said clerk shall receive three dollars, to be paid out of any funds in the hands of the directors of said school district for such service, and no other person shall receive a recompense for such service. It shall be the duty of the said school district clerk to collect said poll tax and said clerk shall receive ten per centum of all moneys collected from poll taxes. The school district clerks are hereby empowered to bring suit in the name of the school district for the collection of said poll tax, if not paid within thirty days after the first demand has been made for the payment of same from any person so deliquent. All poll taxes shall be paid to the county treasurer for the use of the respective school districts in which the same are collected, and the treasurer shall pay to the school district clerk his percentage of the gross amount collected: Provided, That no resident of any school district shall pay his poll tax to any other district than the one in which he resides: And, Provided, Further, That no poll tax shall be received by any district clerk from any resident of any other school district. No property shall be exempt from execution in

suits for collection of poll taxes and the justices of the peace and constables shall not demand fees in advance for such suits."

Sec. 2. That Section 1550 of the Compiled Laws of 1897 be amended so as to read as follows:

"Section 1550. It shall be the duty of the school district clerks to make at least four copies of the names of persons liable to pay poll tax, and on the first Monday in February he shall post one of said lists in some conspicuous place in their respective districts for the information of the people, and on or before the first Monday in April the school district clerks shall report to the county clerk a complete list of said persons liable to pay a poll tax in their respective districts, and shall report said list to the county superintendent in writing, and shall report to said superintendent the amount of poll tax collected, from whom collected, the names of persons still delinquent and the reasons for such delinquency, and further one list of such persons liable to pay a poll tax shall be filed in the office of said clerks."

Sec. 3. Section 1551 of the Compiled Laws of 1897 is hereby repealed.

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 62.

AN ACT TO PREVENT THE DEFRAUDING OF LIVERY STABLE KEEPERS AND PROVIDING PENALTY THEREFOR. H. S. H. B. No. 18; Approved March 14, 1905.

CONTENTS.

Sec. 1.

Fine for injury to property of livery stable keepers. Sec. 2.

Fine for refusal to pay agreed price of the hired property of livery stable keepers.

Sec. 3. Duty of livery stable keeper to post printed copy of act.

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

Section 1. That hereafter any person or persons who shall directly or indirectly hire from the owner or keeper of any livery stable or from any other person any animal or animals or vehicles, and who shall wilfully and maliciously break or destroy such

vehicle so hired, or wilfully injure such animal, shall be fined in a sum not to exceed twenty-five dollars ($25.00), and in addition to said fine shall be compelled to pay said owner or keeper a sum of money sufficient to reimburse him for the loss sustained by said animal or animals being injured or said vehicle being destroyed or damaged.

Sec. 2. Any person or persons who shall directly or indirectly hire or cause to be hired from the owner or keeper of any livery stable, and upon returning same, refuse to pay the price agreed upon, unless it had previously been agreed that said person so hiring should not pay for the use thereof in money on demand, said person so refusing shall be fined in the sum not to exceed twentyfive dollars ($25.00),

Sec. 3. It shall be the duty of the owner or keeper of every livery stable within this territory to keep a copy of this act, printed in large, plain English type, posted in a prominent place in the barn or stable where his business is carried on and no conviction shall be had under this act until it be made to appear to the satisfaction of the court that the provisions of this section have been complied with by the person making the complaint.

Sec. 4. This law shall be in force from and after thirty days after its passage.

CHAPTER 63.

AN ACT WITH REFERENCE TO TAXATION BY MUNICIPAL CORPORATIONS. H. B. No. 126. Approved March 14, 1905.

CONTENTS.

Sec. 1. Special tax levy to pay for the supplying of water and lights furnished municipal corporations. Proviso. Refusal of water or light company to supply service. Fine for such refusal. Proviso.

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

Section 1. That whenever the right to build, maintain and operate works for the supplying of water and light has been, or may be granted to individuals or corporations in cities or towns in this territory and any such cities or towns have contracted or shall contract with such individuals or corporations for supplying water and lights for public or municipal purposes, such city or town shall levy each year and cause to be collected a special tax sufficient to

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