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the dollar of taxable property in the county, the funds derived from which levy shall be exclusively used in the construction of the necessary bridges along said public highway in the county wherein said levy is made.

Sec. 7. In incorporated cities and towns along said public highway, the municipal authorities shall construct and maintain said public highway.

Sec. 8. So far as practicable all bridges and culverts along said public highway shall be constructed of timber, stone or concrete, and no structural iron shall be used in the construction of any bridge except where absolutely necessary.

Sec. 9. At suitable points along said public highway, and at places of historic interest, there shall be erected stone monuments commemorative thereof, which said monuments shall be erected by labor of penitentiary convicts.

Sec. 10. There shall be erected at the southeast corner of the public plaza in the city of Santa Fe, immediately opposite the old Exchange hotel, known as the "Fonda," a stone arch, with suitable inscription marking the same as a principal point on the Santa Fe trail; said arch shall be constructed by convict labor upon plans to be secured and selected by the board of penitentiary commissioners and the mayor and city council of the city of Santa Fe.

Sec. 11. The sum of ten thousand dollars is hereby appropriated out of any funds in the territorial treasury except the interest fund, for carrying on the work provided for by Chapter 56 of the Session Laws of 1903, and the work provided for by this act, payable on the vouchers of the superintendent of the penitentiary and approved by the board of penitentiary commissioners upon warrants drawn by the territorial auditor for the purpose of paying the necessary extra guards and foreman, and for the purchase of tools, implements, blasting material and supplies, and equipment necessary in the prosecution of said work, and for transportation, and necessary expenditure incident to the fulfillment of the provisions of this act; and the territorial auditor shall on or before the first day of May, 1905, and annually thereafter, levy a tax of onefourth of one mill on the dollar upon all taxable property in the territory, which levy shall be certified by the auditor to the boards of county commissioners of the several counties of this territory at the same time as other tax levies are so certified each year, and the same shall be levied by said boards of county cominissioners at the same times as other territorial taxes are levied and so collected, and the money derived from such levy shall be used for carrying on the work provided for by this act, and shall be paid out on the itemized vouchers of the superintendent of the penitentiary and approved by the board of penitentiary commissioners upon warrants drawn by the territorial auditor, and in no other manner.

Sec. 12. This act shall take effect and be in force from and after its passage.



Law by Limitation, February 15, A. D. 1905.


Sec. 1. Special levy for defraying expenses of boarding county prisoners. Proviso.
Sec. 2. Boarding prisoners' fund.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That hereafter the board of county commissioners in counties of the first class may cause to be levied and collected anmually, a special tax, of not exceeding three mills on the dollar, for the purpose of providing funds to defray the expenses of boarding county prisoners in county jails.

Prorided, That in any county of the first class where the funds heretofore provided by law for such purpose have been insufficient, or have in any manner failed to be available for such purpose, the taxes derived from the levy hereby authorized shall first be applied to the payment of any outstanding claims against such county, on account of boarding such prisoners.

Sec. 2. The moneys hereby derived shall be kept in a separate account, to be known as the Boarding of Prisoners' Fund, and shall be used for no other purpose than as in this act specified.

Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force from and after its passage.



No. 26; Approved February 20, 1905.


Sec. 1. Governor to organize company of New Mexico mounted police. Omcers.

Salary. Sec. 2. Governor to appoint officers. Duties of captain. Sec. 3. Equipment of company furnished by territory. Sec. 4. Equipment furnished by members of company. Proviso. Sec. 5. Term of enrollment. Sec. 6. Authority of captain to suspend. Sec. 7. Exchange of equipment prohibited unless commanding officer consents. Sec. 8. Captain to direct operations. Sec. 9. Rules and regulations of United States Army to govern. Sec. 10. Captain authorized to concentrate or divide company, at discretion. Com

pany at all times subject to orders of governor. Exemption from military, jury and other service. Governor to direct all arrangements necessary

for enforcement of act. Sec. 11. Members of company to arrest criminals. Sec. 12. Warrants for pay of company. Sec. 13. Levy for New Mexico mounted police fund. Proviso. Sec. 14. Expense of organization. Sec, 15. Insignia of company. Appropriation for contingent expenses of company. Be it enacted by the Legislative Assembly of the Territory of New

Merico: Section 1. That the governor of this territory is hereby authorized to raise and muster into service of this territory, for the protection of the frontier of this territory, and for the preservation of the peace and the capture of persons charged with crime, one company of New Mexico mounted police, to be raised as hereinafter prescribed, and to consist of one captain, one lieutenant, one sergeant, and not more than eight privates, each entitled to pay as follows: Captain to receive two thousand ($2,000.00) dollars per annum, lieutenant to receive fifteen hundred ($1,500.00) dollars per annum, sergeant to receive twelve hundred ($1,200.00) dollars per annum, and private to receive nine hundred ($900.00) dollars per annum each, and the pay herein provided shall be full compensation in lieu of all other pay and compensation, including clothing and all other expenses for officers and men.

Sec. 2. That the governor is authorized and empowered, within sixty days after the passage of this act, to appoint competent persons as captain, lieutenant and sergeant, and to enroll, as set forth in this act, the requisite number of men for the company; the captain shall return to the governor the muster roll and the report of the condition of the company, and the governor shall thereupon commission the officers of the said company, supply said company,

, as under the provisions of this act he may deem proper and necessary, and order them upon duty in accordance with the provisions of this act.

Sec. 3. Said men shall be furnished by the territory with the most effective and approved breech-loading rifles, and for this purpose the governor is hereby authorized to contract in behalf of the territory for eleven stands of arms, together with a full supply of ammunition, the same to be all of the same make and calibre, and each member of the company to be furnished with the arms to be used by him at the price the same shall cost the territory, which sum shall be retained out of the first money due him.

Sec. 4. Each member of said company shall be required to furnish himself with a suitable horse, six-shooting pistol (army size) and all necessary accoutrements and camp equipage, the same to be passed upon and approved by the enrolling officer before enlisted; and should any member fail to keep himself furnished as above required, then the officer in command shall be authorized and required to purchase the articles of which he may be deficient, and charge the cost of the same to the person for whom the same shall be provided ; Provided, That all horses killed in action shall be replaced by the territory, and the cost of horses so killed in action shall be determined by the captain.

Sec. 5. The men shall be enrolled for twelve months, unless sooner discharged and at the expiration of their term of service they shall be again enrolled, or others shall be enrolled to supply their places.

Sec. 6. The captain of such company has authority to suspend any member for cause and shall immediately report his action in writing to the governor for his consideration.

Sec. 7. No member of said company shall dispose of or exchange his or their horses or arms without the consent of the commanding oficer of the company while in the service of the territory.

Sec. 8. That the captain of the company shall use his own discretion as to the manner of operations, selecting as his base the most unprotected and exposed settlement of the territory.

Sec. 9. That the troops raised under and by virtue of this act shall be governed by the rules and regulations of the army of the United States, as far as the same may be applicable, but shall always be and remain subject to the authority of the Territory of New Mexico for frontier service.

Sec. 10. The captain of such company shall have authority to concentrate all of such company, or divide it into squads for the purpose of following and capturing any outlaws, law breakers, marauding Indians or bands of hostile Indians or for the purpose of carrying out any measure that may contribute to the better security of the frontier; but the entire force raised under the provisions of this act shall be at all times during their employment, as aforesaid, under and subject to the orders of the governor, and shall be exempt from all military, jury and other services, except that for which they shall be appointed or controlled as aforesaid, and that the governor shall direct all the arrangements necessary to carry out the intentions of this act, with full power to remove any officer or man thereof for incompetency, neglect of duty oi disobedience of orders.

Sec. 11. Members of said company shall have full power to make arrests of criminals in any part of the territory, and upon the arrest of any criminal, shall deliver the same over to some peace officer in the county where the crime is committed.

Sec. 12. It shall be the duty of the auditor of this territory to draw his warrant on the territorial treasurer at the end of each month for the pay of each officer and man in said company, and to forward the same to the captain of said company; and it shall be the duty of the territorial treasurer to pay such warrants out of the fund for mounted police, as other warrants are paid.

Sec. 13. There shall be annually levied and collected in addition to all other taxes authorized by law, a tax of one-half mill on taxable property in this territory, to be placed in a fund by the territorial treasurer, to be known as the New Mexico Mounted Police Fund, and upon which fund all warrants and payments made under any of the provisions of this act, shall be drawn and made. Said tax shall be levied and collected in the same manner, and at the same time and by the same officers as other territorial taxes: Prorided, That until collections shall have been made under the provisions of the levy herein authorized for the payment of such mounted police that the territorial treasurer shall pay the same out of any funds, except the interest and sinking funds, in the territorial treasury.

Sec. 14. That no portion of said troops shall become a charge against this territory until organized and placed under orders, and the total cost and expense of the organization, equipment and sup

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