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Sec. 3. Hearing as to necessity of crossing improvements.
Sec. 4. City council to determine necessity of crossing improvemenis. Advertise-

ment for bids. Contract for construction.
Sec. 5. City council to determine amount of assessment.
Sec. 6. Assessment lien on property assessed.
Sec. 7. Rate of interest,
Sec. 8. Cost of construction of crossings to parks and other public grounds.

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

Mexico: Section 1. That whenever the city council of any city, whether incorporated under general or special laws, or the board of trustees of any town or village in the Territory of New Mexico, shall be of the opinion that the interests of said city, town or village require the construction of street or alley crossings within the limits of said city, town or village, such city council or board of trustees, having first been petitioned for that purpose by not less than five tax payers owning real estate fronting upon the streets over which crossings are desired and sought to be constructed, shall make an order establishing a district in which such crossings are desired, and shall order the city engineer to make an estimate of the total cost of the street crossings within said district according to the material to be used in the construction thereof and as petitioned for as in this section provided.

Sec. 2. Upon the filing of the report of such engineer, said city council or board of trustees shall name a time and place at which the owners of property in the said district may appear before said city council or board of trustees and be heard as to the necessity of making such public improvements as are provided for in section one hereof, as to the cost and material thereof, the manner of payment and as to the amount to be assessed against the real property of the district provided for in section one hereof and as determined upon by the said city council or board of trustees. Thirty days' notice of the time and place of such hearing shall be given by publication in some newspaper of general circulation in said city, town'or village, and a notice in writing of such time and place shall be served at least five days before said hearing by the city marshal upon each of the real property owners in said district by delivering a copy thereof to each of said property owners, if he can be found, otherwise by delivering a copy thereof to some person residing on said property, or by posting a copy of the notice upon said property in the event the same shall be vacant and the owner thereof unknown or not found, and the marshal in his return of service of each of said notice shall state the manner of making service, which said notice and return thereof shall be filed with the city clerk of said city or recorder of said town or village.

Sec. 3. At the time and place so fixed as aforesaid, any owner of real property in the district named in the order in section one hereof provided, may appear before said city council or board of trustees and be heard upon the necessity of the construction of said street or alley crossings and as to the cost thereof, the material of which the same shall be constructed and as to the amount to be assessed against the real estate in the district.

Sec. 4. After such hearing, said city council or board of trustees shall at once determine as to the necessity of construction of said street and alley crossings, the kind of material to be used in the construction thereof, 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 material 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 each real property owner in the district and shall assess to each lot or parcel of land in the district 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 date of the assessment, and if suchi 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 upon real estate.

Sec. 8. In the event there shall be situate in said district any public park, square, plaza or other public grounds belonging to the city or town, the cost of construction of all crossings to and from said park, square, plaza or other public grounds shall be distributed equally and so charged against the real property in the district held in private ownership, as well as also the cost of any and all sidewalks, curbing or other street improvements by ordinance provided to be made in the streets abutting and adjoining said park, square or other public ground.

Sec. 9. This act shall take effect and be in force from and after its passage.

CHAPTER 7.

AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A SYSTEM

OF PUBLIC HIGHWAYS IN THE TERRITORY OF NEW MEX.
ICO AND THE USE OF CONVICT LABOR THEREFOR AND FOR
OTHER PURPOSES. C. S. for C. B. No. 38; Approved Feb-
ruary 10, 1905.

CONTENTS.

Sec. 1. Public highway called "El Camino Real" established. Northern terminus.

Route of El Camino Real." Sec. 2. Construction and maintenance of highway to be under direction of board of

penitentiary commissioners and superintendent of penitentiary. Convict

labor to be employed. Sec. 3. Additional good time allowance for convicts employed. Sec. 4. Civil engineer to be employed when necessary. Compensation. Sec. 5. Boards of county commissioners to secure right of way, and to construct

the necessary bridges. Proviso. Sec. 6. Board of county commissioners to levy to provide funds for necessary

bridges. Sec. 7. Construction and maintenance within municipal corporations. Sec. 8. Materials to be used in construction of bridges and culverts. Sec. 9. Stone monuments to be erected along highway. Sec. 10. Stone arch to be erecteå at plaza at Santa Fe. Sec. 11. Appropriation for carrying on the work. How payable. Territorial auditor

to levy annually. Money to be paid out on vouchers of superintendent of penitentiary approved by board of penitentiary commissioners. Terri

torial auditor to draw warrant. Whereas, There is a constantly growing demand among the citizens and tax-payers in favor of the establishment of a uniform system of good roads and for the employment of convict labor in the construction, improvement and maintenance thereof; and

Whereas, Such employment would furnish convicts a healthful exercise in the open air, conducive to their physical and moral welfare, and is, perhaps, the only method of employing convict labor without conflicting with the just rights of free labor; and

Whereas, Numerous petitions have been presented to this body signed by citizens and tax-payers of the counties of Colfax, Mora, and San Miguel, requesting that the convicts be employed in the extension of the highway known as the Scenic Route, northward to the Colorado state line, in order that connection may be had with the system of roads in that state:

Now therefore, Be it enacted by the Legislative Assembly of the Territory of New

Me.rico: Section 1. There is hereby established a public highway through the Territory of New Mexico, to be known as “El Camino Real," which said highway shall have for its northern terminus a point in the Raton mountains on the state line between Colorado and New Mexico, where the old Barlow and Sanderson stage road, known as the "Santa Fe Trail” crossed the state line, running thence in a southerly direction and following the old Santa Fe trail as nearly as practicable through the city of Raton, the town of Cimarron, to the village of Rayado; thence to the town of Ocate; thence to the town of Mora; thence to the city of Las Vegas; thence following the route of the highway established by Chapter 56 of the Session Laws of 1903, and known as the Scenic Route to Santa Fe, the capital of the Territory of New Mexico; thence in a southerly direction via the town of Cerrillos to San Pedro; thence to the city of Albuquerque by the most feasible and picturesque route; thence south, crossing the Rio Grande at the town of Barelas, through the counties of Bernalillo, Valencia and Socorro, through the towns of Los Lunas, Belen, Socorro, San Antonio, San Marcial, to Engle; thence in a southerly direction across the Jornado del Muerto to a point near old Fort Selden; thence in a southerly direction, upon the high lands adjacent to the valley of the lower Rio Grande, reaching the towns of Dona Ana, Las Cruces and Mesilla Park, to the place known as Anthony, on the state line between the Territory of New Mexico and the state of Texas.

Sec. 2. The construction, repair and maintenance of said public highway shall be done under the authority and control of the board of penitentiary commissioners and superintendent of the territorial penitentiary, and said board is hereby authorized and required to construct said road, by the use of the labor of the penitentiary convicts, from the city limits of Santa Fe and Las Vegas to the western and eastern boundary lines of the Pecos forest reserve respectively, and said board is hereby authorized and required to then construct that portion of said highway between the city of Raton and the Colorado line, after which the other portions of said highway shall be constructed as rapidly as possible from Las Vegas in a northerly direction and from Santa Fe in a southerly direction, as well as also, in like manner to construct such extensions of said road and such other roads leading to said public highway as may from time to time be provided for by acts of the Legislative Assembly.

Sec. 3. The board of penitentiary commissioners are hereby empowered to adopt a special rule, applicable solely to convicts employed on the public work herein authorized and contemplated, whereby convicts so employed shall be granted additional good time allowance, conditioned upon their good behavior and cheerful compliance with all rules that may be made by said board or said superintendent for the management and control of convicts so employed.

Sec. 4. The superintendent of penitentiary is empowered and authorized to employ a competent civil engineer, from time to time as may be necessary, who shall, under the direction of said superintendent survey and locate said road, said engineer to be paid not to exceed the sum of five dollars per day and legitimate expenses for each day actually and necessarily employed, to be paid by the respective counties in which said work is done, and the board of county commissioners of any county through which said road passes are hereby authorized and required to pay said engineer upon vouchers drawn by the superintendent of the penitentiary, or the board of penitentiary commissioners, the amount due him for the work done in said county out of the road fund, or the general fund of the county.

Sec. 5. The boards of county commissioners of the several counties of the territory through which said public highway passes are hereby authorized and required to secure the right-of-way for said highway wherever necessary, and to construct the necessary bridges thereon, in accordance with the laws of the territory now in force relative to the procuring of right-of-way for public roads and the construction of bridges: Provided, That all bridges shall be constructed under the supervision and according to plans approved by the engineer employed by the board of penitentiary commissioners, and Provided Further, That as far as practicable culverts across small gulches may be constructed by convict labor, any material necessary to be purchased for such culverts to be paid for by the respective counties.

Sec. 6. At the time provided by law for the making of levies for purposes of taxation, the boards of county commissioners of the several counties, through which said public highway passes, are authorized and required to make a levy of not to exceed one mill upon

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