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Flood Fund." And subject to disposition under provision of this act by the boards of county commissioners of said counties.

Sec. 2. The boards of county commissioners of said counties are hereby authorized and empowered to cause to be inspected and examined the streams and water courses in their counties where flood waters are accustomed or liable to cause damage to property or life, and for that purpose are authorized to appoint and employ a competent civil engineer.

And the said boards are further authorized to expend the fund created by this act, or so much thereof as may be necessary, in accordance with plans submitted by such engineer as herein before provided for the purpose of constructing and causing to be built such dykes, embankments, dams, ditches or other structures as may be necessary to control such flood water and protect life and property in their said counties against loss and damage.

Sec. 3. Said boards are hereby authorized in their discretion at any regular or special session to pass upon the necessity for doing any of the work provided for by this act, and may by order, upon the report of such engineer, select and locate sites, and cause to be built and constructed, such dykes, embankments, dams, ditches or other structures as may be necessary to control such flood waters; the cost of which shall be paid out of the fund created by this act, and authorized to be assessed, levied and collected. All such work shall be done under the direction and supervision and control of the engineer authorized to be employed by said board.

Sec. 4. All permanent improvement or work authorized under provision of this act shall be let to contract after proper advertisement in the official newspaper of the county in which such work is to be done, giving notice of the time and place when the contract will be let, and of the work to be done, so that bidders may have full opportunity to bid on said work. After such advertisement for not less than two weeks, the contract shall be let to the lowest responsible bidder, and the said board shall require from the said bidder a good and sufficient bond for the faithful performance of this contract, and no money shall be paid on such contract, except upon approval by the board of county commissioners of the work done and upon the report of the said engineer.

Sec. 5. Upon approval of the work by said county commissioners and the ordering of the bills for the same, the cost thereof shall be paid by warrant upon the treasurer and ex-officio collector of said counties drawn on said fund; and no warrant or voucher shall

be drawn against such fund except for the purposes provided in

this act.

Sec. 6. Such boards of county commissioners, their agents and employes shall have free and unobstructed ingress and egress to any and all lands and premises necessary to carry out the provision of this act; be the same enclosed or otherwise, for the purpose of making preliminary surveys and locating sites, and shall not be liable to damages because of such entry except for wanton or malicious injury to such premises or property; and said boards of county commissioners may cause such sites and the ground selected by them on which to erect or construct dykes, dams, embankments, ditches or other structures provided for by this act, to be condemned in the manner provided by law for the condemnation of property for public uses, and the expense thereof including the value of the land so taken shall be paid out of the said fund.

Sec. 7. Said boards of county commissioners in all cases when property or lives are threatened by sudden flood waters against which provision has not already been made, under preceding sections of this act, are hereby authorized to summon and call out all able bodied male persons under the age of sixty years residing within the area herein before prescribed, that is to say within five miles on each side of such stream or river, causing such flood and require them to work for not to exceed five days during any calendar year when their services may be so needed; and persons having teams may also be summoned and required to appear with their teams for the same number of days; any person so summoned may render the said services in person or he may furnish a substitute or pay in cash the sum of $1.50 per day for each days service required of him.

Sec. 8. For the purpose of summoning the persons authorized to be summoned as provided in the last section the said boards of county commissioners shall have the right to require the sheriff, any of his deputies, or any constable of any precinct or his deputies to serve necessary notices requiring such persons to appear at the time and place mentioned in such notices and render the labor and services thereby authorized to be required or to furnish his substitute or pay the money in lieu thereof as provided by this act; and provided that such officers shall make a correct list of the names of all persons so summoned and file the same with the board of county commissioners.

The said officers by whom such notices are to be served shall receive a compensation of $2.50 per day while actually engaged in serving the same to be paid out of said fund.

Sec. 9. If any person required to do work under provision of this act after having received notice as herein provided, shall fail to appear and do said work, furnish his substitute or pay the said sum of $1.50 per day in place of said work to the officer serving said notice on him, he shall be fined upon complaint being made before any justice of the peace in the county, in a sum of not less than $5 or more than $25, or by imprisonment in the county jail not to exceed ten days, or by both such fine and imprisonment.

Sec. 10. The officer to whom any money shall be paid in lieu of work shall keep a correct list of the names of the persons paying the same, and shall make immediate report of the names of such persons and the moneys paid to the county treasurer, taking his receipt for the money, and the said treasurer shall place the same to the credit of the said "County Flood Fund." And if any such officer shall fail to account for money collected by him as herein provided, he shall upon indictment and conviction for such failure be punished by a fine not to exceed $200, or imprisonment in the county jail not to exceed six months or by both such fine and imprisonment, at the discretion of the court trying the case.

Sec. 11. The said boards of county commissioners are hereby authorized and empowered in time of emergency, of sudden floods to order headgates of ditches to be closed; ditches to be cut, according to the necessity existing at the moment for the protection of property and life from overflows; and said boards shall also have the power to cause to be drained all flood waters through ditches or other channels already cut or to be cut for the purpose in any district within the county, using the necessary and ordinary precaution therefor.

Sec. 12. The boards of commissioners of such counties of the first class are hereby authorized and empowered to jointly expend money with the boards of commissioners of adjoining counties or to locate dykes, dams, embankments, ditches and other structures without their counties, when such location is deemed necessary for the purpose of protecting property within their counties.

Sec. 13. In counties of the first class hereinbefore referred to and as defined by the laws of the territory the office of "River Commissioners" is hereby abolished.

This act shall apply to said counties only.

Sec. 14. All acts and parts of acts in conflict herewith are here by repealed; and this act shall be in force from and after the date. of its passage.

CHAPTER 20.

AN ACT TO AMEND CHAPTER 69 OF THE SESSION LAWS OF THE 35TH LEGISLATIVE ASSEMBLY OF THE TERRITORY OF NEW MEXICO, BEING "AN ACT TO CREATE THE COUNTY OF LEONARD WOOD," AND FOR OTHER PURPOSES. H. B. No. 16; Law by Limitation, February 23, 1905.

CONTENTS.

Sec. 1. Chapter 69, Laws of 1903, creating County of Leonard Wood, amended. "Guadalupe," substituted for "Leonard Wood." as name of county.

Sec. 2. Section 12, Chapter 69. Laws of 1903, regarding legislative district of Leonard Wood county, amended. County of Guadalupe attached to second council district and sixteenth house district.

Sec. 3. Section 13, Chapter 69, Laws of 1903, regarding the appointment of peace officers, repealed.

Sec. 4. Section 14, Chapter 69, Laws of 1903, declaring Leonard Wood, Quay and Roosevelt to be counties of the fourth class, amended. Guadalupe, Quay and Roosevelt, counties of third class.

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

Section 1. That Chapter 69 of the Session Laws of the 35th legislative assembly of the Territory of New Mexico, being the laws of 1903, be and the same hereby is amended by striking out from the said chapter and from each and every section thereof, wherever the same may occur, the words "Leonard Wood," and inserting in lieu thereof the word "Guadalupe;" and that the county by said act created shall be henceforth known as the County of Guadalupe in lieu and instead of the name by said act to it given, to-wit: The County of Leonard Wood.

Sec. 2. That Section 12 of said Chapter 69 be and the same hereby is amended further to read as follows:

"The County of Guadalupe shall be attached for legislative purposes to the second council district, and the County of Guadalupe and the County of Quay shall constitute the sixteenth house district, and shall be entitled to one representative until otherwise provided by law."

Sec. 3.

pealed.

That Section 13 of said Chapter and Act is hereby re

Sec. 4. That Section 14 of said Chapter 69 is hereby amended to read as follows:

"That the Counties of Guadalupe, Quay and Roosevelt are hereby declared to be counties of the third class."

Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in force from and after its passage.

CHAPTER 21.

AN ACT IN RELATION TO THE MANAGEMENT OF THE COMMUN

ITY LAND GRANTS IN THE COUNTY OF DONA ANA.

C. B. No. 31; Approved February 23, 1905.

A.

CONTENTS.

Sec.

1. Management of community land grants in Dona Ana county, vested in boards of trustees. Proviso.

Sec. 2.

Sec. 3.
Sec. 4.

Sec. 5.

Sec. 6.

Sec. 7.

Sec. 8.
Sec. 9.

Boards of trustees, bodies corporate. Service of process.
Qualifications of members of boards.

Election of board of trustees.

Duty of board to call an election for choice of successors.
Qualifications for voting. Number of trustees to be elected. Term. Oath.
Duties of president and secretary-and-treasurer.

Powers of board of trustees.

Disposition of land-how made effective.

Sec. 10. Meetings of board.

Time. Quorum. Vacancies. Expenses.

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

Section 1. That the management and control of the community land grants within the County of Dona Ana, in the Territory of New Mexico, and the legal and equitable title to all the lands within the exterior boundaries of such grants to which any colony or community is entitled at the time of the passage of this act, are hereby vested in boards of trustees, each which shall be elected as hereinafter provided: Provided, However, That nothing in this act contained shall be construed to in any way affect any land grant now incorporated under the provisions of any general or special act of this territory.

Sec. 2. That each of such boards shall be a body corporate, having full power to sue and be sued, besides the other powers hereinafter mentioned. In all suits the said body corporate shall bestyled, "The Board of Trustees of the Community

Grant," and all process may be served on either the president or the secretary-and-treasurer of the board of trustees.

Sec. 3. That all members of such boards of trustees shall be inhabitants of, and the owners of lands within the limits of the particular grant for which they shall have been elected trustees.

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