but shall not include commercial travelers or selling agents selling goods to dealers and shall not include or apply to the sale of books, papers, school supplies, fuel or household machinery. Sec. 2. Every person desiring to carry on the business of an itinerant vendor as above defined shall before engaging in such business deposit with the treasurer of the county in which such business shall be carried on, the sum of $1,000 in cash, also apply to the assessor for a license as such itinerant vendor, for which he shall pay the sum of one hundred ($100.00) dollars. Sec. 3. Upon the production of a certificate from the treasurer showing the deposit of such amount, and upon the payment of such amount, and upon the payment of such license fee, it shall be the duty of the probate clerk to issue a license to such person as an itinerant vendor, in the same manner as other licenses are now issued. The making of such deposit and receipt of such license shall authorize such person to carry on such business for the period of one year thereafter, and no longer. Sec. 4. Any person injured, damaged or defrauded by any such itinerant vendor in any manner, or to whom such itinerant vendor shall deliver any goods, wares or merchandise inferior to the samples of the same as to him exhibited, or in any manner deceived or damaged by any false representations or statements of such itinerant vendor, may institute proceedings against the person so selling or delivering the same, and recover from him damages in double the purchase price of such goods, wares or merchandise. Such actions shall be prosecuted as an action of debt in any competent court, and any judgment rendered therein shall be satisfied out of the said money so deposited with the county treasurer, and a certified copy of such judgment shall be sufficient authority to such treasurer to pay over the same. Sec. 5. At the termination of the period of eighteen months after the deposit of such moneys, the said county treasurer shall pay over to such licensee the said sum of one thousand dollars, less such amounts as may have been paid out by him for judgments as aforesaid. But no part of such sum shall be so returned by such treasurer during the pendency of any suit against such itinerant vendor. Sec. 6. Any person who shall engage in or carry on the business of an itinerant vendor as herein defined without first making such deposit and taking out such license, shall be guilty of a misdemeanor and upon conviction before any justice of the peace or the district court, shall be fined in a sum not exceeding two hundred dollars, or imprisonment not to exceed six months, in the discretion of the court trying the cause. Sec. 7. 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 108. AN ACT TO AMEND SECTION 6 OF CHAPTER 6 OF THE SESSION LAWS OF NEW MEXICO OF 1901. H. B. No. 154; Approved March 16, 1905. CONTENTS. Sec. 1. Section 6. Chapter 6, Laws of 1901, regarding the appointment of cadets to the Military Institute, amended. Proviso-Age limit of appointees. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 6 of Chapter 6 of the Session Laws of New Mexico of 1901, be and the same is hereby amended by striking out the word twenty on the twelfth line of said section between the words than and years and inserting in liue thereof the word twentyone so that the proviso of said section may read as follows: "Provided, However, Said cadet so appointed must not be less than fourteen nor more than twenty-one years of age at the time of entering the institute, etc." Sec. 2. That this act shall be in force and effect from and after its passage and all acts and parts of acts in conflict with this are hereby repealed. CHAPTER 109. AN ACT ENTITLED AN ACT TO AMEND SECTION 1, CHAPTER 72, OF THE SESSION LAWS OF 1903. H. B. No. 63; Approved March 16, 1905. CONTENTS. Sec. 1. Section 1, Chapter 72. Laws of 1903, regarding the powers and duties of school directors in levying taxes, amended. Proviso Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1 of Chapter 72 of the Session Laws of 1903 be amended. so as to read as follows, to-wit: "Section 1. That Section 1534, Compiled Laws of 1897, is hereby amended by adding thereto the following proviso: Provided, That any school district, upon a majority vote of the legal taxpayers, thereof, at a regularly called election for the purpose, may have power to levy for school purposes not to exceed ten mills including the five (5) mill levy herein before authorized for such purposes." Sec. 2. All laws or parts of laws in conflict herewith are hereby repealed, and this law shall take effect thirty days after its passage and approval by the governor. CHAPTER 110. AN ACT ENTITLED AN ACT TO AMEND SECTION 1870, OF CHAPTER 1, OF THE COMPILED LAWS OF THE TERRITORY OF NEW MEXICO, RELATING TO THE BUREAU OF IMMIGRATION. H. B. No. 130; Approved March 16, 1905. CONTENTS. Sec. 1. Members of bureau of immigration. Vacancies. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Said bureau shall consist of six members, one from each judicial district of the Territory of New Mexico, he shall be appointed by the governor and confirmed by the territorial council, shall hold office for two years and until their successors are appointed and qualified. In case of any vacancy occurring among such commissioners from death, resignation or otherwise, it shall be filled by appointment by the governor, for the unexpired term. The members shall serve without compensation, though they may be reimbursed for actual expenses incurred in attending meetings of the board and for other incidental expenses while in the actual discharge of their duties. Sec. 2. 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 111. AN ACT TO PROVIDE FOR THE LEASING, SALE, MANAGEMENT POSES. A. C. B. No. 109; Approved March 16, 1905. CONTENTS. Sec. 2 Sec. 3. Sec. 4. Sec. 5. Sec. 1. Creation of land office. Commissioner of public lands. Oath and bond of commissioner of public lands Commissioner to authenticate official papers. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Commissioner to recommend selections Commissioner to ascertain all salt lands. Commissioner not to recommend location of reservoir sites. Commissioner to keep record of business transacted. Commissioner to keep separate accounts for each institution or purpose. Sec. 16. Commissioner may sell matured and fallen timber. Proviso. Lessee may remove improvements. Sec. 29. Persons occupying territorial lands to have preference rights. Provisos. Pasturage permits. Applications, how made. Applications for location of lands. Sec 31. Sec. 32. Sec. 33. Credits for moneys advanced to pay expenses of locations. Sec. 36. All funds to be used for benefit of institutions to which granted. Disbursement of money for common schools. Sec. 38. Payment of money for other institutions. Board of control Officers. Meetings. Compensation Expenses. Sec. 40. Sec. 41. Sec. 42. Board of control may contract with persons to donate lands under reservoirs. Sec. 51. Unfinished business of commission of irrigation to be turned over to board of control. Sec. 52. Sale of lands for benefit of New Mexico College of Agriculture and Mechanic Arts, and the Institution for the Blind. Certain acts repealed. Sec. 53. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Land Office. There is hereby created in and for the Territory of New Mexico a territorial land office, to be located at the capitol, which shall have jurisdiction, management and control of all lands now owned by or placed at the disposal of this territory, or hereafter acquired or controlled by the territory either by act of congress approved June 21st, 1898, or by other laws hereafter enacted. Sec. 2. Commissioner of Public Lands.-The executive officer of the territorial land office shall be a commissioner, the name and style of whose office shall be "Commissioner of Public Lands," who shall be appointed by the governor, by and with the consent of the council, and shall hold his office for two years and until his successor is appointed and qualified. Sec. 3. Oath and Bond.-Before entering upon the duties of his office, the commissioner of public lands shall qualify by executing a bond to the Territory of New Mexico in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of all duties required by law, and that he will safely keep all moneys, books, papers, and property belonging to his office during his incumbency thereof and pay over and dispose of the same as provided by law; such bond shall be guaranteed by some responsible surety company authorized to do business in this territory, the expense thereof to be paid by the territory out of the moneys arising from the public lands as other expenses connected with his office are hereinafter provided to be paid; he shall also take and subscribe an oath similar to that taken and subscribed by other territorial officers, |