Entry on private land under provisions of act, not trespass. Sec. 11. Sections 807, 808, 809, 810, 811, 812, 813, 816 and 817, of Compiled Laws of 1897, regarding tax levy for protection of property along Rio Grande, repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There shall be elected, at each general election, in the Counties of Valencia, Socorro and Dona Ana, by the legal electors of those precincts, along the margins of the Rio Grande del Norte, five persons, legal voters in each one of said counties, in said counties and precincts, respectively, who shall constitute a board of river commissioners, for each of said counties respectively; and said commissioners shall hold their office until their successors shall be duly qualified. Sec. 2. The said commissioners, before entering upon the discharge of their duties, shall respectively take and subscribe an oath that they will support the Constitution of the United States, and to faithfully discharge the duties of their office, which said oaths shall be recorded in the office of the clerk of the probate court of said. counties. Sec. 3. All cultivated or improved real property situate within the valley of the Rio Grande shall be subject to taxation for the purpose of carrying out the provisions of this act, and every owner or property situated in said valley within five miles of either side. of said Rio Grande, shall be required to pay in proportion to the value of such property to the river commissioners of the county in which such property shall be situated, a pro rata share of the labor necessary to prevent such property from damage and injury by the waters of said Rio Grande, and also for the purpose of draining any lakes or marshes caused by the overflow of said river or otherwise. Sec. 4. That whenever the river commissioners of any county shall deem it necessary for the protection of any property in their respective counties from said waters, it shall be their duty to give each of said owners or their agents or lessees due notice of the number of days labor required of each of said owners respectively, and the time when such labor shall be required for the purpose aforesaid; and thereupon it shall be the duty of any and all such owner or owners to furnish such river commissioners with the labor so in said notice specified, or pay to said river commissioners the sum of one dollar for each day's labor so required and mentioned in said notice: Provided, That the aggregate of cash and of labor estimated at one dollar per day for each laborer required of any one of such owners or taxed against any property, shall not exceed for any one year more than a sum of twenty dollars: Provided, Further, That whenever the use of teams and scrapers, or teams and wagons shall be deemed necessary by such commissioners they shall so state in such notice, and all owners of property having teams and scrapers are hereby required to furnish such teams and scrapers, or teams and wagons in lieu of labor, at the rate of two dollars per day, for each team and scraper, and team and wagon so furnished. Sec. 5. All able bodied male persons over the age of twenty-one and under the age of sixty, residing in the valley of the Rio Grande, or within five miles of either side of said Rio Grande, are hereby required to furnish, not to exceed three days' labor, or in lieu of said labor, to pay to such river commissioners, cash at the rate of one dollar per each day's labor so required by such river commissioners to be furnished. The said river commissioners shall give due notice to such persons setting forth the number of days labor required in the same manner as provided for in Section 4 of this Act. Sec. 6. Said river commissioners are hereby respectively authorized and empowered finally and without appeal to fix in a summary manner the pro rata amount of labor as in their judgment may be necessary to be done and furnished by each and all such owner or owners of such property, or such persons respectively in the county for which such river commissioners are qualified to act, and to direct and superintend the doing of all work and the expenditure of all money received in lieu of labor, as in their judgment may be necessary for the protection of such property, and the fulfillment of the purposes of this act. Sec. 7. Said river commissioners respectively, shall be entitled to receive for every days work necessarily performed by each of them in the superintending and direction of the duties required by this act, the sum of two dollars per day, which compensation may be deducted from any money collected in lieu of labor, and such commissioners shall be exempt from taxation hereunder: Provided, That such river commissioners shall in no event retain for their services for any one year a sum exceeding fifty dollars. It shall be the duty of said river commissioners to organize by electing a president, secretary and treasurer, each of whom shall be a member of said river commission; all moneys collected shall be turned over to the treasurer of such board of river commissioners, who shall give a good and sufficient bond in the sum of five hundred dollars, conditioned upon the faithful performance of his duty as such treasurer and the accounting and disbursement of all moneys placed in his hands as such treasurer; such bond shall be made to the county for which such commissioners shall be acting, and shall be subject to the approval of the county commissioners of such county. The secretary of said board of river commissioners shall keep a true and accurate record of all proceedings and shall make out an annual report which shall be made and rendered on the first Monday of January of each year to the board of county commissioners, setting forth the number of days labor performed in pursuance of this act, and also all disbursement of moneys paid out, to whom paid, and for what purpose, and the sums of moneys collected, in lieu of labor; and any and all moneys on hand at the expiration of the term of office of any such treasurer shall be turned over to his successor in office. All disbursements of moneys hereunder, shall be paid upon a warrant drawn against the treasurer, which shall be signed by the president of such board and attached by the secre‐ tary. The said board is hereby directed, authorized and required to make such regulations governing their procedure, as in their judgment may be necessary for the carrying out of the provisions of this act. Sec. 8. Whenever, in the judgment of said river commissioners it shall be necessary to use any underbrush, timber or land, or other material, for the protection of any property as hereinbefore provided, the said river commissioners are hereby empowered to condemn such land or brush, or timber, and appoint a commission of three citizens of such county wherein such land, or timber or underbrush, may be located to appraise the value thereof, and such appraisement shall be final; and the said river commissioners shall cause to be paid to such owners of such land, timber or brush, so condemned, the sum of money in accordance with the findings of such commission so appointed, or if such owner of such land, timber or brush, shall have been required to furnish labor for the purposes herein before mentioned, then, and in such event, they may deduct such amount of money equivalent to the labor so required, to be furnished by such owner of such land, timber or underbrush. Sec. 9. Wherever and whenever there may be a vacancy in the board of river commissioners of any county of this territory, the county commissioners of such county are hereby authorized, empowered and required to fill such vacancy by appointment. Sec. 10. If after due notice as aforesaid, any such owner or person or persons shall refuse or neglect to furnish the labor, or the money value thereof as fixed by this act, to said river commissioners, as herein provided, such owner, person or persons, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars, nor more than twenty dollars. Sec. 11. The provisions of this act shall not apply to counties of the first class. Sec. 12. The meetings of said board shall be held publicly at the county seat of said county, and at any time on the call of two members of the board, three members of which being sufficient to form a quorum for the transacting of business, and a majority of those present being necessary to make any order, or approve any account: Provided, That in the event of imminent danger, the board may meet at any place threatened, and proceed to the transaction of business, and in the absence of the clerk, may appoint a temporary clerk, who shall return a record of the proceedings had, to the clerk for record. Sec. 13. The necessary entry on any private land, for the purpose of checking the river under the provisions of this act, shall not be considered as a trespass, and no court shall adjudge any damages therefor. And the fact of the taking of any earth, stone or turf, when the same shall be necessary for the purposes of this act, shall be considered legal, the said river commissioners to pay to the owners of such earth, stone or turf so taken a reasonable compensation for the same. Sec. 14. When the river commissioners shall consider the collection of any assessment in any precinct or precincts unnecessary, they shall order that such collections be suspended until further order from the board of river commissioners. Sec. 15. The board of river commissioners, and the laborers under their charge, are authorized to enter into the adjoining county for carrying out the purpose of this act, and work in said adjoining county when it may be necessary to prevent damages in the county which said river commissioners represent. Sec. 16. Tht sections 807, 808, 809, 810, 811, 812, 813, 816 and 817, of the Compiled Laws of 1897, of this territory, and all other acts or parts of acts in conflict herewith, are hereby repealed. Sec. 17. This act shall be in full force and effect, from and after its passage. CHAPTER 19. AN ACT ENTITLED AN ACT TO PROVIDE MEANS FOR CONSTRUCTING AND MAINTAINING DYKES AND SUCH DAMS, EMBANKMENTS AND DITCHES AND OTHER STRUCTURES AS MAY BE NECESSARY TO PROTECT LIVES AND PROPERTY AGAINST FLOODS, AND TO AUTHORIZE THE LEVY OF A TAX THEREFOR. C. S. for H. B. No. 4; Approved February 22, 1905. CONTENTS. 1. County commissioners to levy for creation of "County Flood Fund." Sec. Sec. 2. tion of dykes. Engineer to submit plans. Expenditure for construc Sec. 3. County commissioners to select sites for the construction of dykes. Cost of construction to be paid out of “County Flood Fund." Engineer to supervise work. Sec. 4. Sec. 5. Sec. 6. Work to be let on contract upon bids submitted. Cost of construction to be paid by warrant upon county treasurer. Sec. 7. County commissioners to call out able bodied men at times of exceptional danger. Sec. 8. Method of serving notices for work. Compensation of officers serving notices. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Fine for failure to furnish work. Officer receiving money in lieu of work to keep correct account. Penalty for failure to account for money collected. Powers of county commissioners in times of emergencies. Commissioners of adjoining counties authorized to expend money jointly. Be it enacted by the Legislative Assembly of the Territory of New Section 1. The several boards of county commissioners of the different counties of the first class in this territory may in their discretion levy annually a tax on all the taxable property located within five miles of both sides of any river running through such counties, to any amount not exceeding two mills on each dollar of all property situated within said distance from such river at the assessed value thereof for the purpose of creating a fund out of which to construct and maintain dykes, dams, embankments and ditches, or such other structures as shall be deemed proper to prevent flood waters from damaging property or human lives within such counties; such tax to be assessed, levied and collected as other taxes are collected, and when so collected to be known as a "County |