court for the trial of causes arising under the laws of the territory shall be held therein by the judge of said court at such times as may be provided by law," and all indictments and civil causes now pending in the County of Valencia, originating within the County of Torrance as bounded and defined in this Act, shall be tried in said County of Torrance, and the clerk of the district court of the said second judicial district shall transfer said causes on the docket from said County of Valencia to said County of Torrance, and the said causes shall be tried, and the venue of said court shall be held to have attached, as if the said County of Torrance had been created and in existence when said indictments were found and said civil suits brought.

Sec. 5. That. Section 9 of said Act shall be and the same is hereby amended to read: "That the said County of Torrance shall assume and pay to the County of Valencia, from which the said County of Torrance has been partly segregated and organized, the sum of twenty-five thousand dollars on account of the outstanding legal and valid indebtedness of the said County of Valencia, and for this purpose the said County of Torrance shall issue bonds, in the said sum of twenty-five thousand dollars, payable thirty years after date and bearing date the first day of January, A. D., 1905, and shall bear interest at the rate of not to exceed five per cent. per annum, payable semi-annually. Said bonds to be in the usual form, and in the sum of one hundred dollars or any multiple thereof, and the county commissioners of the said County of Torrance are required annually, when other taxes are levied and collected, to levy and cause to be collected upon all taxable property of said county, a sum sufficient to pay said interest. And said county commissioners are hereby required and it shall be their duty, from and after ten years from the date of said bonds, to levy and collect a sufficient tax to create a sinking fund to pay off, take up, and discharge, said bonds at maturity. Said tax shall be levied and collected each year thereafter, beginning with the year A. D.,

1915.

Said bonds when issued, as aforesaid, shall be delivered to the said County of Valencia, to be held by said county, or to be used by said county, in the payment and redemption of the outstanding bonded indebtedness of said county.

Sec. 6. That this act shall not be so construed as to affect any section of the original act not herein expressly referred to, and all the officers of said County of Torrance chosen at the last general election, shall hold their offices as if this act had not been passed.

Sec. 7. The board of county commissioners of the County of Torrance are hereby authorized and empowered to cause to be copied all deeds, conveyances and records on file in the old County of Valencia, and have the same re-recorded in Torrance county, relating to any lands, real estate or tenements in said County of Torrance, and said board is hereby authorized and empowered to employ such agents as they may see fit, and when said records have been recorded in said County of Torrance they shall convey the same notice, as would have been conveyed had said county always existed, and said record had been therein recorded in the first place.

Sec. 8. That within thirty days after the passage and approval of this act, or as soon thereafter as can conveniently be done, the treasurer and collector of Valencia county, shall turn over and pay, taking his receipt therefor, to the treasurer and collector of the said County of Torrance, any and all school moneys, apportioned, in his possession on the first day of January, A. D.. 1905, and properly belonging to said County of Torrance: Provided, However, That, before such delivery is made, the said treasurer and collector of Valencia county must be furnished with a certificate from the superintendent of public instruction of the territory, showing that the said treasurer of Torrance county has been duly qualified as ex-officio treasurer of the school funds of his county.

Sec. 9. That all acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after the date of its passage.

CHAPTER 3.

AN ACT TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF INDEBTEDNESS FOR THE PAYMENT OF APPROPRIATIONS FOR THE RELIEF OF FLOOD SUFFERERS, THE BUILDING OF DYKES, AND FOR OTHER PURPOSES. C. B. No. 40; Approved February 4, 1905.

CONTENTS.

Sec. 1. Certificates of indebtedness to be issued. Form. Maturity. Rate of Interest. Signatures of territorial auditor and treasurer.

Sec. 2.

Sec. 3.

Levy for payment of interest and principal.

Manner of redemption of certificates. Order of redemption to be determ ined by lot.

Sec. 4. Certificates of indebtedness and coupons to be numbered. Proviso.

Sec. 5. Appropriation out of "Flood Sufferers' Relief Fund." Counties benefited. County commissioners to receive sums appropriated as trustees.

Sec. 6. County commissioners to pro rate proceeds among sufferers. Commissioners to ascertain names of persons suffering total loss. Persons able to provide necessities not entitled to benefits. Proviso.

Sec. 7. Moneys received to be deposited with county treasurer.

Sec. 9.

Warrants.

Appropriation for construction of dyke at Albuquerque. Mayor and city council to supervise. Report to governor.

Sec. 10. Apropriation for construction of dyke at City of Socorro. Mayor and city council to supervise. Report to governor.

Sec. 11. Appropriation for construction of dyke at San Marcial. Commission appointed by governor to supervise Duties of commission.

Sec. 12. Appropriation for construction of dyke at Hillsboro. Commission appointed by governor to supervise. Duties of commission.

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

Section 1. That to provide for the payment of the appropriations hereinafter specified there shall be an issue of certificates of indebtedness of the Territory of New Mexico, the form for which certificates shall be prescribed by the solicitor general of the territory; such certificates shall be dated March 1, 1905, they shall be payable five years from their date with the right of the territory to pay them at any time after the expiration of one year from their date; they shall be issued in sums of one hundred dollars or multiples thereof. They shall bear interest at the rate of six per cent. per annum, payable semi-annually on the first days of March and September; principal and interest payable at the office of the territorial treasurer. The certificates shall be signed by the auditor of public accounts and by the territorial treasurer and the coupons attached thereto for the semi-annual interest shall have the engraved or lithographed fac-simile signature of the treasurer thereon.

The certificates herein authorized shall be sold by the territorial treasurer at not less than par and the proceeds placed by the said territorial treasurer in the territorial treasury to the credit of a special fund to be known as the "Flood Sufferers' Relief Fund."

Sec. 2. To provide for the payment of the interest and principal of the certificates authorized by Section 1 of this Act, it shall be the duty of the auditor to levy annually, beginning with the year 1905, a tax on all taxable property in the territory sufficient to pay into the territorial treasury a sum sufficient to pay the interest and twenty per cent. of the principal of said certificates for each and every year for the term of five years, and the auditor shall certify to the respective boards of county commissioners annually for five

years, the amount of the tax so levied by him to provide for the interest and principal as above set forth, and annually at the time of making the general levy for assessments of taxes for territorial and county purposes, there shall be levied by the boards of county commissioners of each county, a levy to equal the amount so certi fied to them by the auditor.

Sec. 3. After the expiration of one (1) year and at the expirations of each succeeding year for the term of five years, from the first day of March, 1905, it shall be the duty of the territorial treasurer, to publish a notice once a week, for four consecutive weeks, in some daily paper published in the territory, giving notice that twenty per cent. of the amount of certificates authorized by this act and the interest thereon will be paid on the presentation and surrender of such certificates at his office, and that interest will cease upon such certificates thirty (30) days from the date of the first publication of such notice. The certificates so to be redeemed, shall be determined by lot and the notice so required to be published by the treasurer shall describe such certificates by giving the amount, day of issuance, series if they bear one, number thereof, and at the expiration of said thirty (30) days from the day of such publication, of the said notice, above required, interest shall cease on all certificates named in such notice.

Sec. 4. The certificates of indebtedness provided for in this act shall be numbered consecutively, beginning with number one, for each denomination or series for which they may be issued, and the coupons attached thereto shall bear the same number as the certificates to which they are attached: Provided, That in no event shall the certificates herein authorized to be issued and sold, exceed in the aggregate the sum of fifty thousand ($50,000.00) dollars.

Sec. 5. That there is hereby appropriated the following sums of money payable to the order of the person or persons hereinafter specified, which sums of money shall be paid by the territorial treasurer out of the said "Flood Sufferers' Relief Fund," and the territorial auditor is hereby directed to draw his warrant or warrants for said sums of money upon the territorial treasurer in con formity herewith, for the relief of the flood sufferers of the:

County of Grant..

County of Dona Ana...

County of Sierra..

County of Socorro....

County of Valencia....

County of Bernalillo

. $3.000.00

4,000.00

1,000.00

4,000.00

4,000.00

4,000.00

The above sum shall be payable to the order of the chairman of the board of county commissioners of the respective counties. above mentioned and the said county commissioners of the respective counties above mentioned shall receive said sums of money in trust from the territory for the purposes of carrying out the intent of this act.

Sec. 6. It is hereby made the duty of the said boards of county commissioners to pro rate as equitably as possible the proceeds of said moneys received and caused to be paid such sums so pro rated to the person or persons who have suffered during the year 1904, and who suffered a total loss of their crops during said year. It is hereby furthermore made the duty of such county commissioners to cause an investigation to be made in each precinct of their respective counties and ascertain the names of all such persons who suffered a total loss of all their crops during said year or a total loss of his or their homes during such year and cause a list of all such persons to be made out and entered upon the journal of the proceedings of said county commissioners and after such investigation and report has been made, said county commissioners shall then pro rate the proceeds of such moneys so received and cause the same to be paid to such persons so mentioned in said report as in their judgment are worthy and in need of assistance: Provided, That no person or persons who shall have suffered losses under the provisions of this act who are not in needy circumstances and in the judgment of said board of county commissioners are financially able to obtain the necessaries of life for the purpose of seeding and cultivating his or their land for the year of 1905, shall not be entitled to receive any benefits hereunder, it being the true intent of this act to supply the wants of those persons who have suffered from the floods of 1904, to such extent as to disable them from obtaining the necessary seed and who are unable to provide for the necessaries of life incident to the cultivation of his or their lands for the year 1905.

Sec. 7. The moneys so received shall be deposited by said chairman of the respective boards of county commissioners with the