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designated and their successors hereafter elected shall enter into a good and sufficient bond in the sum of three hundred dollars to be approved by the board of said trustees, payable to said board of trustees conditioned for the faithful performance by him of his duties as such trustee, which said bond shall be kept by the treasurer of said board and shall be recorded in the minutes of the proceedings of said board after the same shall be approved thereby. Said board of trustees are designated and each board of trustees hereafter elected on the last Monday in April before the expiration of their term of two years in office hold an election for their successors in office, who shall be elected to hold their office for two years from and after the first day of May immediately following said election; said board of trustees to consist of seven members, but a majority thereof only shall be necessary to transact any business provided to be performed by this act; all of the members to hold their office for two years from and after the first day of May immediately following said election ; said board of trustees to consist of seven members, but a majority thereof only shall be necessary to transact any business provided to be performed by this act; all of the members of said board of trustees must be owners of individual interests in said grant and tract of land, obtained by them through mesne conveyances or by inheritance from or through the original grantees, their heirs and assigns, and they shall be residents on said tract of land at the time of their election and during their term of office and must be tax-payers in said County of Socorro. Only those persons who own and possess undivided interests in the lands of the said grant through mesne conveyances or by inheritance from or through the original grantees, their heirs or assigns, shall be qualified voters at such election for said trustees; the vote of no other person shall be received or counted by said trustees at said election. At least thirty days before any such election said trustees shall cause a correct list, as far as possible, to be made of all persons entitled to vote for trustees as above provided which said list shall be used by the said trustees in holding said election and in determining the qualification of voters thereat: Provided, That any person who actually possesses the necessary qualifications as a voter for such trustees at any such election, whose name may not have been placed in said list, shall be entitled to vote at said election, if he shall make affidavit before some person authorized to administer an oath, showing his due qualification as such voter and the same shall be corroborated by the affidavits of two other persons who may be qualified voters at such election; said affidavits to be in writing, signed by the parties making the same, and delivered to the said board of trustees at said election.
Sec. 3. The members of the boards of trustees, provided for in the preceding section, shall serve and perform their duties as such without any compensation therefor, except when they or any ou them shall be obliged to make journeys from or to different points in order to perform or attend to their duties or the business pertaining to the said tract of lard, there shall be paid to such of said trustees their actual transportation and subsistence while making such journey and performing said duty.
Sec. 4. Each board shall organize by electing one of its members president thereof and another of its members secretary and treasurer thereof at the first meeting of said board in May, after their appointment or election, or as soon thereafter as they may hold such meeting. The president so elected shall preside at all meetings of the said board when present and in session; in case of his absence, the members present, if a quorum, may select a temporary chairman to preside at any meeting in his stead. The president shall also be the executive officer of said board. The secretary shall keep a correct record of all the proceedings, acts and doings of said board in proper books to be supplied by the board; shall record all resolutions and documents determining any question as provided for by said board and shall safely keep all books, documents and papers belonging to or pertaining to the affairs and business of said board coming into his possession, or that of the said board in reference to the affairs of said grant and tract of land under the provisions of this act; and all books, documents, papers and instruments of any kind whatever which pertain to the affairs of said grant and tract of land and which have accumulated, been, had or kept by the commission which heretofore existed under the said act which is repealed by the first section of this act, art hereby authorized, directed and required to be turned over and delivered to the secretary of the board of trustees herein provided for, who shall keep them as a part of the records and files and documents belonging to and under the control of said board of trustees hereby established. Said board of trustees at their first meeting or as soon thereafter as may be practicable shall adopt rules and regulations for the government of the said board and the management and control of the affairs of said grant and tract of land hereby entrusted to them and which said board shall have the supervision and control of all unsegregated and undivided portions of said grant and tract of land and also of the records, books, papers and documents which are hereby required to be kept and preserved by the secretary of said board, which secretary shall in all his acts and doings be subject to and under the direction and control of said board and perform such duties as the said board may prescribe foi him to perform, either by general regulation or under special regulation. The treasurer of said board shall enter into a bond with two or more good and sufficient sureties, in such sum as may be
prescribed by said board of trustees, payable to the said board and to be approved of by the said board, conditioned for the faithful performance of his duty as such treasurer according to law, and it shali be his duty to receive all moneys, obligations, documents, papers ard records belonging to the affairs of said board of trustees and of said land, and he shall keep correct accounts of them in books to be provided for that purpose by the board and render statements thereof when required by the board and not so required, at each regular meetings thereof, showing the amounts of moneys received and the amounts disbursed and for what purpose; said treasurer shall perform such other duties as may be prescribed by or required of him by the said board of trustees, and shall be subject to its management, direction and control.
Sec. 5. The rules and regulations established by said board of trustees for the management, control and government of said grant and tract of land and the officers thereof, must not in any manner conflict with the laws of this territory or of the United States, or the constitution thereof, and said rules and regulations thereof, subject to such resriction, may be made with reference to trespassers, and damages done by animals which may be found within the limits of said grant, without permission or authority from said board of trustees, or the authorized agents thereof, which said animals, when so found, may be disposed of in the manner provided by the laws of the territory in reference to animals found trespassing upon the property of other persons, or when no person shall be in charge of such animals, they may be disposed of in the manner provided for by the laws in reference to estrays. Said board of trustees shall have power to rent or lease any of the lands held in common within the limits of the said grant and tract of land and not segregated and specifically owned by any individual or individuals outside of the undivided interest in said grant, and for the purpose of paying taxes and the other expenses of said board of trustees in the management and control of said tract of land and also to raise the means necessary to pay the amount due the United States for the official survey of said grant which was made under the direction of the court of private land claims upon the confirmation of said grant by said court, said board shall and hereby is vested with power and authority to borrow money sufficient therefor and to mortgage any portion of the undivided parts of said grant and tract of land to secure the payment thereof.
Sec. 6. Said board of trustees shall make or cause to be made as far as possible a complete list of all the owners of undivided interests in said grant, resulting from purchases through mesne conveyances or by way of inheritance from the original grantees, their heirs and assigns, which lists shall show in brief any such conveyances and also the genealogy of the heir or person inheriting, and the amount actually owned by any such persons in the undivided parts of the said grant, and it shall also show the separate pieces of property owned by each individual and the description thereof and the amount thereof as far as possible to ascertain it, including all houses and lots and the improvements on such property, which said list shall be kept complete as near as possible from time to time by placing thereon the conveyances which may be made hereafter, as well as persons who may become heirs, and inherit portions of said property by reason of the death of their ancestors, showing from whom and to whom such interests are changed and showing as nearly as possible each year the actual ownership of all the undivided interests in said property and how obtained, as also the ownership of segregated interests in the property and how obtained, on the first day of May in such year.
Sec. 7. Should the said board of trustees not receive from the rents of the undivided interests of said property sufficient income to pay the costs of the administration thereof under this act and all taxes annually as they accrue thereon, as well as for the survey which made by the United States herein referred to, or should said board borrow money to pay such expenses at any time, it is hereby authorized and empowered to assess a sufficient amount pro rata against the interest of each person owning an undivided portion of said grant and against the interest of persons owning separate or segregated portions of said grant who do not return the same and pay taxes thereon under the general tax law of the territory, to enable said board to raise sufficient means or money to pay the expenses of the administration of said property under this act nd also the taxes which may be assessed against it under the laws of the territory, and also to pay off the amount of any moneys which may be borrowed by said board for such purposes under the provisions of this act, and the treasurer of said board is hereby made the collector to collect and receive such assessments; and in case any persons fail or refuse to pay the same and suits be brought before the justice of the peace for the amount of such assessments made by said board, the action of the said board in making said assessment shall be prima facie evidence of the liability of the party to pay the same and such assessments made by said board shall be a lien upon the undivided interests of the person whose interest is assessed, as well as upon the separate pieces and parcels of land which may be assessed against any individual; it being understood distinctly, however, that should any person, owning a separate and distinct parcel of said land segregated from the undivided interest, return the same for taxation for county and territorial purposes under the general laws of the territory and pay the taxes thereon, he shall not be subject or liable to any such assessment or to pay the same. And all moneys which may be collected for rents or for damages for persons trespassing upon the said lands, either in person or with their animals, or where animals may have been allowed to trespass thereon shall be used for the purposes of paying the costs of the administration of said property and the taxes thereon, as well as paying for the survey thereof, and said board of trustees shall have the right to demand and collect damages from all persons who commit or may have committed any trespasses upon such land, or who use or may have used any of the land or any of the proceeds thereof without their authority, or use or may have used the waters thereof, or the minerals thereof without its authority, or who in any manner without authority of said board obtain or may have obtained any benefit from the use of said land, the waters, salt, coal, minerals or jasper thereon, or from any other resources of said land.
Sec. 8. The said board of trustees shall have power to bring suits, either before the justice of the peace or in the district courts, in reference to any matter affecting the interest of the said property hereby confided to its management and control, such actions so commenced to be governed as to jurisdiction in the same by the laws of this territory regulating the jurisdiction of the justice of the peace and of the district courts; such suits shall be brought in the name of “The Board of Trustees of the Cebilleta de la Joya Grant for the benefit of the owners in common thereof.” And said board of trustees may also be sued in the name of “The Board of Trustees of the Cebilleta de la Joya Grant,” the complaint in the last mentioned case may join all of the undivided owners of the said land grant therein as defendants, or it may allege that the