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CHAPTER 112.

AN ACT PROVIDING FUNDS AND MAKING APPROPRIATIONS

FOR THE FIFTY-SEVENTH AND FIFTY-EIGHTH FISCAL
YEARS AND FOR OTHER PURPOSES. A. C. B. No. 120;
Approved March 16, 1905.

CONTENTS.

Sec. 1. Payment of interest on bonded indebtedness. Provisos.
Sec. 2. Support and maintenance of territorial institutions. Provisos.
Sec. 3. Charitabie institutions.
Sec. 4. Penitentiary current expense fund.
Sec. 5. Pay of territorial offcials. Supreme court fund.
Sec. 6. Mileage and expenses of sheriffs. Proviso.
Sec. 7. Board of election canvassers to send election returns to capital. Proviso.
Sec 8. Militia fund. Proviso.
Sec. 9. Appropriation for territorial library
Sec. 10. Section 1, Chapter 97, Laws of 1903, regarding the use of penitentiary mate.

rial and labor, amended. Account of auditor to draw warrant in favor of

superintendent of penitentiary. Sec. 11. Miscellaneous fund. Proviso. Sec. 12. Insurance. Provisos. Sec. 13. Pity of clerk of district court. Sec. 14. Appropriation for protection of residents of Mimbres Valley from floods.

Land commission. Proviso. Sec. 15. Deficiency. Sec: 16. Surplus at end of fiscal year to be transferred to credit of following fiscal

year. Sec. 17. Appropriations for fifty-seventh fiscal year, extended to fifty-eighth. Ex

ceptions. Sec. 18. Proportional distribution of territorial taxes collected, among various appro

priations. Sec. 19. Territorial auditor to levy tax. Sec. 20. Provision in case any legislative assembly fails to pass appropriation bill. Be it enacted by the Legislative Assentbly of the Territory of New

Mexico:

Section 1. For the fifty-seventh fiscal year the following appropriations hereinafter specified or so much thereof as may be necessary are hereby made and directed to be paid for the purposes hereinafter expressed to-wit:

For the payment of interest on the bonded indebtedness fifty-two thousand two hundred ($52,200.00 dollars: Provided, That whenever the moneys in the interest fund are insufficient to meet the payment of outstanding interest coupons, as they mature, it shall be the duty of the territorial treasurer to borrow temporarily a sufficient sum to make such payments, and for such purpose the said treasurer is hereby authorized and empowered to make and negotiate the necessary loan on the best terms obtainable, at a rate of interest not exceeding six per cent. per annum: Provided, However, That any surplus of any other fund on hand not otherwise appropriated may be first used to pay such deficit before borrowing. The auditor of public accounts shall countersign any and all papers necessary for the negotiations of such loan and charge the proceeds to the treasurer, and the treasurer shall redeem such paper out of the interest fund whenever there shall be money in such funds available.

Sec. 2. For the support and maintenance of territorial institutions there is hereby appropriated as follows: New Mexico College of Agriculture and Mechanic Arts. . $12,000.00 University of New Mexico....

18,200.00 New Mexico School of Mines...

14,000.00 New Mexico Normal School, Silver City.

14,000.00 New Mexico Normal University at Las Vegas.

14,000.00 New Mexico Military Institute at Roswell..

14,000.00 New Mexico Insane Asylum at Las Vegas, or so much thereof as may be necessary...

.. 60,000.00 Provided, That after January 1, 1907, the board of directors of said asylum shall appoint as medical superintendent of said asylum a physician who shall reside at said asylum: Provided, That there is hereby further appropriated all moneys heretofore or hereafter collected and turned into the territorial treasury derived from the proceeds of a levy made and collected under the provisions of Chapter 69 of the Session Laws of 1901, being an act providing for geological surveys in the Territory of New Mexico, and the territorial treasurer is hereby directed to transfer all such funds now in his hands or that may hereafter be paid into the territorial treasury on account of the said geological survey fund to said New Mexico insane asylum at Las Vegas. Miners' Hospital at Raton...

$ 8,500.00 Institute for the Blind at Alamogordo.

10,000.00 Reform School in Rio Arriba County..

5,000.00 Deaf and Dumb Asylum at Santa Fe..

2,800.00 Children's Home at Belen....

4,500.00 Provided, That the last five named institutions are hereby authorized if necessary to use the proceeds of the funds hereby appropriated for maintenance towards the completion of the buildings of said institutions and for the purchase of permanent fixtures and equipment required therefor. Such expenditure if made, to be done under the direction of the respective managing boards of such institutions.

Sec. 3. For the various charitable institutions and hospitals of New Mexico, there is hereby appropriated as follows: St. Vincent's Hospital at Santa Fe.....

..$3,600.00 Grant County Hospital at Silver City.

1,800.00 Sisters of Mercy Hospital, Silver City...

1,800.00 Ladies' Hospital at Deming...

1,800.00 Eddy County Hospital at Carlsbad..

1,800.00 Orphan's School at Santa Fe...

5,400.00 Relief Society at Las Vegas.....

2,400.00 Sisters' Hospital at Albuquerque.

2,400.00 Gallup Hospital at Gallup...

1,800.00 Sisters of Loretto at Taos...

1,800.00 Women's Board of Trade at Santa Fe, to aid in the construction of a free public library building..

1,000.00 Sec. 4. For the penitentiary current expense fund, for the payment of officers and employes there is hereby appropriated as follows: One superintendent....

$ 2,000.00 One assistant superintendent.

1,200.00 One physician.

600.00 One chaplain...

200.00 One yard master..

600.00 One cell house keeper, day..

480.00 One cell house keeper, night..

480.00 One assistant cell house keeper...

420.00 One assistant cell house keeper.

420.00 One clerk and storehouse keeper.

600.00 One captain day guards...

480.00 One captain night guards.

480.00 Ten day guards.

3,600.00 Four night guards..

1,440.00 One matron...

600.00 For penitentiary maintenance or so much thereof as may be necessary...

35,000.00 There is hereby appropriated the sum of eight thousand ($8,000.00) dollars, out of any funds in the territorial treasury for the re-imbursement of such penitentiary for brick and other material furnished public institutions, and the territorial treasurer is hereby directed to transfer the same to the credit of the penitentiary convict earnings fund.

Sec. 5. For the territorial officers for the fifty-seventh fiscal year there is hereby appropriated the following:

One superintendent of public instruction salary and traveling expenses.....

..$2,400.00 One assistant superintendent of public instruction, to be named by the governor..

1,800.00 For salary of district attorneys..

5,500.00 For salary of one solicitor general, the title of which office is hereby changed to attorney general...

3,000.00 For salary stenographer and clerk for attorney general.. 1,200.00 For salary territorial auditor....

3,000.00 For clerk hire for territorial auditor.

1.000.00 For salary territorial treasurer...

2,400.00 For clerk hire territorial treasurer.

1,200.00 For salary territorial librarian...

720.00 For the last eleven named appropriations, the same amount herein named in proportion is hereby made for the fifty-sixth fiscal year from and after the passage of this act. For salary secretary bureau of immigration and erpenses..

.$ 1,500.00 For salary and expenses penitentiary board...

1,500.00 For salary and expenses of the judges of the district courts....

9,000.00 For salaries of the clerks of the district courts. 19,200.00 For salary clerk of supreme court.....

1,200.00 For salary, mileage and expenses of the territorial board of equalization...

1,000.00 For salary territorial game and fish warden.

1,800.00 For salary adjutant general..

1,600.00 For salary traveling auditor and bank examiner. 2,400.00 For clerk hire for traveling auditor...

1,200.00 For salary private secretary to the governor.

1,500.00 For salary governor's messenger and doorkeeper..

180.00

SUPREME COURT FUND. The following amount, or so much thereof as may be necessary for printing briefs and the expenses in cases brought and defended by the territorial and actual expenses incurred by the attorney general when legally required to attend and defend cases brought by the territory in any of the first judicial district courts situate outside of the district, and for stationery for his office, $300.00.

For printing dockets and calendars of the supreme court, and for stationery, $200.00.

The district attorney of Santa Fe county shall act as assistant attorney general of the territory, whenever required so to do, and there is hereby appropriated as salary for such acting assistant attorney general, $600.00.

And a like appropriation for the fifty-sixth fiscal year from the passage of this act.

Sec. 6. Hereafter the sheriffs of the various counties of this territory shall only be entitled to draw mileage for one person in charge of prisoners, transported to the penitentiary, and they shall only be entitled to charge the actual expenses for the prisoners so conveyed, and shall be entitled to charge per diem at the rate of five dollars ($5.00) per day for each guard and the actual cost of transportation: Provided, That sheriffs shall not be entitled to more than one guard for two prisoners and one guard for every three additional prisoners, and such sheriffs are hereby required to convey at one time all prisoners sentenced during any one term of court.

Sec. 7. Hereafter it shall be the duty of the different boards of election canvassers to cause the election returns to be sent to the seat of government to be forwarded by some express company and upon delivery of said returns to said express company they shall take a receipt therefor, and immediately forward said receipt by registered mail to the secretary of the territory: Provided, Further, That when the county seat of any county from where the returns are to be forwarded, have no express company, then and in no other case, said board of election canvassers, shall designate one of ther number a special messenger to convey said returns to the nearest express office to be forwarded as above provided and take a receipt therefor, and the said messenger shall be allowed for his services twelve and one-half (12 1-2) cents per mile for conveying said returns for each and every mile actually and necessarily traveled from the county seat to such express office.

MILITIA FUND. Sec. 8. For the support of the national guard including transportation of arms, clothing and fuel, stationery and other contingent expenses, $1,200.00

For rent and maintenance of armories, $1,200.00.

Provided, That the salary provided for the adjutant general for the fifty-seventh fiscal year is hereby made applicable in like proportion for the fifty-sixth fiscal year, to take effect from and after the passage of this act.

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