tofore been made; the whole purpose of this act being to provide for and encourage the useful appropriation of waters now running to waste, and unappropriated. Sec. 4. This act shall be in force thirty days after its passage. CHAPTER 105. AN ACT FOR THE RELIEF OF THE COUNTY OF QUAY. H. B. No. 162; Approved March 16, 1905. CONTENTS. Sec. 1. Loan to Quay county. Interest. How loan to be used. Sec. 2. County commissioners to levy tax annually, sufficient to raise one-fifth of amount loaned. "Territorial loan fund." Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The treasurer of the territory is hereby authorized and directed to loan to the said county of Quay the sum of two thousand dollars for the period of five years, to bear interest at the rate of five per cent. per annum, interest to be payable semi-annually; the obligation to be executed to the Territory of New Mexico therefor by the said County of Quay to be such as shall be prepared by the solicitor general of the Territory of New Mexico. That said amount shall be used for the purposes of aiding said county to hold a term of court for the trial of criminal and civil cases therein pending, and for said court to use the same as court fund. Sec. 2. That the county commissioners of the County of Quay are hereby directed and required to assess, levy and collect in the same manner as the general taxes in said county are assessed, levied and collected, a sufficient amount of taxes each year after this date, to raise the one-fifth part of the said two thousand dollars, which said amounts as collected shall be retained in a special fund known as the "territorial loan fund" and shall be used solely and only for the purposes of paying the interest upon said loan and the principal thereof, and the same when collected and so placed in said fund shall be turned over to the territorial treasurer at the end of each fiscal year hereafter, to be credited by him upon the obligation of said County of Quay. Sec. 3. This act shall be in full force and effect from and after its passage. CHAPTER 106. AN ACT ENTITLED AN ACT TO PROVIDE FOR THE FURNISHING CIALS. CONTENTS. Sec 1. Bonds of territorial officials to be furnished by trust companies. sonal sureties will be accepted. Proviso. Sec. 2. When per Bonds of municipal and county treasurers. Proviso. Sec 3 Maximum price to be charged by surety or trust company furnishing bond to territorial or county officials. Penalty for overcharge. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That all bonds now required by law, or hereafter required by law to be given or furnished by all territorial and county officials, who receive, keep and disburse public moneys, shall hereafter be furnished by some trust or surety company, authorized and existing under and by virtue of the laws of this territory, or if foreign companies, authorized to do business in this territory, and that no personal sureties or securities on bonds of above mentioned territorial or county officers now required by law or hereafter required by law, shall be accepted or approved by the judge or other officials whose duty it is or shall be hereafter to approve such sureties and bonds except where such bonds are for an amount of $5,000, or less, in which case a personal security may be given: Provided, That if no such surety or trust companies exist in this territory and if for any reason whatever foreign companies authorized to do business in this territory shall refuse to execute any of such bonds, the same shall be executed by personal sureties. Sec. 2. Hereafter the amount to be fixed on all bonds for municipal or county treasurers shall be based upon the collections made by such treasurers during any preceding year, and the amount of such bond shall be twenty-five per centum of the aggregate collections made during such preceding year. Such treasurers are hereby required to designate some depository for the deposit and safe keeping of public funds and such depository shall furnish a surety bond in an amount equal to twenty-five per centum of the aggregate collections made by such treasurer during any preceding year: Provided, That if there is more than one depository designated by such treasurer, such depository shall furnish a bond proportionate to the funds deposited. The said treasurers are hereby required to certify the names of the depositories to the traveling auditor. Hereafter the amount of bond to be given by the territorial treasurer shall be fixed and based upon the collection for any preceding year and shall be in such amount as shall equal twenty-five per centum of the aggregate collections made during any such preceding year. Sec. 3. That the maximum price to be charged by such surety or trust company, furnishing bond for such territorial or county officials shall not exceed the sum of one dollar and fifty cents per thousand dollars for any bond of three hundred thousand dollars or over and shall not exceed the sum of four dollars per one thousand dollars for any amount less than one thousand dollars, and such company charging a rate in excess of this amount shall be guilty of a misdemeanor and upon conviction, shall be fined in a sum of not less than five hundred dollars, and such fine together with the costs of proceedings may be deducted and withheld from any security on deposit with the territorial auditor or treasurer, and the proceeds thereof credited to the common school fund. Sec. 4. This act chall be in full force and effect from and after the 31st day of December, 1905. CHAPTER 107. AN ACT TO PROTECT THE INHABITANTS OF THIS TERRITORY FROM FRAUDS PERPETRATED BY ITINERANT VENDORS. A. H. B. No. 149; Approved March 16, 1905. Sec. 2. Money deposit and license required of itinerant vendors Probate clerk to issue license. Sec. 3. Sec. 6. Failure to make deposit and secure license, a misdemeanor. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The words "itinerant vendors" as used in this act shall include all persons engaged in a temporary or transient business and who for the purpose of carrying on such business hire, lease or occupy any room, building or structure for the storage, exhibition or sale, or as a place from which to deliver the goods, wares and merchandise, or any part thereof dealt in by them; also all persons who go from place to place or house to house, soliciting or taking orders for goods, wares and merchandise for future delivery; but shall not include commercial travelers or selling agents selling goods to dealers and shall not include or apply to the sale of books, papers, school supplies, fuel or household machinery. Sec. 2. Every person desiring to carry on the business of an itinerant vendor as above defined shall before engaging in such business deposit with the treasurer of the county in which such business shall be carried on, the sum of $1,000 in cash, also apply to the assessor for a license as such itinerant vendor, for which he shall pay the sum of one hundred ($100.00) dollars. Sec. 3. Upon the production of a certificate from the treasurer showing the deposit of such amount, and upon the payment of such amount, and upon the payment of such license fee, it shall be the duty of the probate clerk to issue a license to such person as an itinerant vendor, in the same manner as other licenses are now issued. The making of such deposit and receipt of such license shall authorize such person to carry on such business for the period of one year thereafter, and no longer. Sec. 4. Any person injured, damaged or defrauded by any such itinerant vendor in any manner, or to whom such itinerant vendor shall deliver any goods, wares or merchandise inferior to the samples of the same as to him exhibited, or in any manner deceived or damaged by any false representations or statements of such itinerant vendor, may institute proceedings against the person so selling or delivering the same, and recover from him damages in double the purchase price of such goods, wares or merchandise. Such actions shall be prosecuted as an action of debt in any competent court, and any judgment rendered therein shall be satisfied out of the said money so deposited with the county treasurer, and a certified copy of such judgment shall be sufficient authority to such treasurer to pay over the same. Sec. 5. At the termination of the period of eighteen months after the deposit of such moneys, the said county treasurer shall pay over to such licensee the said sum of one thousand dollars, less such amounts as may have been paid out by him for judgments as aforesaid. But no part of such sum shall be so returned by such treasurer during the pendency of any suit against such itinerant vendor. Sec. 6. Any person who shall engage in or carry on the business of an itinerant vendor as herein defined without first making such deposit and taking out such license, shall be guilty of a misdemeanor and upon conviction before any justice of the peace or the district court, shall be fined in a sum not exceeding two hundred dollars, or imprisonment not to exceed six months, in the discretion of the court trying the cause. Sec. 7. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage. CHAPTER 108. AN ACT TO AMEND SECTION 6 OF CHAPTER 6 OF THE SESSION LAWS OF NEW MEXICO OF 1901. H. B. No. 154; Approved March 16, 1905. CONTENTS. Sec. 1. Section 6. Chapter 6, Laws of 1901, regarding the appointment of cadets to the Military Institute, amended. Proviso-Age limit of appointees. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 6 of Chapter 6 of the Session Laws of New Mexico of 1901, be and the same is hereby amended by striking out the word twenty on the twelfth line of said section between the words than and years and inserting in liue thereof the word twentyone so that the proviso of said section may read as follows: "Provided, However, Said cadet so appointed must not be less than fourteen nor more than twenty-one years of age at the time of entering the institute, etc." Sec. 2. That this act shall be in force and effect from and after its passage and all acts and parts of acts in conflict with this are hereby repealed. CHAPTER 109. AN ACT ENTITLED AN ACT TO AMEND SECTION 1, CHAPTER 72, OF THE SESSION LAWS OF 1903. H. B. No. 63; Approved March 16, 1905. CONTENTS. Sec. 1. Section 1, Chapter 72. Laws of 1903, regarding the powers and duties of school directors in levying taxes, amended. Proviso Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1 of Chapter 72 of the Session Laws of 1903 be amended so as to read as follows, to-wit: |