missioners. Said county board of horticultural commissioners shall serve for a term of three years from date of appointment, except the commissioners first appointed, one of whom shall serve for one year, one of whom for two years, and one of whom for three years from date of appointment. The commissioners first appointed shall themselves decide by lot or otherwise, who shall serve for one year, who shall serve for two years and who shall serve for three years, and shall notify the board of county commissioners of the result of their choice. Sec. 2. It shall be the duty of the county board of horticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any orchard, or nursery, or trees, or any fruit packing house, store-room, sales-room, or any other place in their jurisdiction, and if found infested with scale bug, codlin moth or other insect pest injurious to fruit, trees, and vines, they shall notify the owner or owners, or person or persons in charge or possession of said trees or place, aforesaid, that the same are infested with said insects, or any of them, or their eggs or larvae, and they shall require such person or persons to disinfect or destroy the same within a certain time, to be specified: Provided, that no spraying of trees while in bloom shall be required to be done. If within such time such disinfection or destruction has not been accomplished, the said person or persons shall be required to make application of such treatment for the purpose of destroying them as said commissioners may prescribe. Said notices may be served upon the person or persons owning or having charge or possession of such infested trees, or places, or articles as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. If the owner or owners, or persons in charge or possession of any orchard, or nursery, or trees or places, or articles, infested with said insects, or any of them, or their larvae or eggs, after having been notified as above to destroy the same, or make application of treatment as directed, shall fail, neglect, or refuse to do so, he or they shall be deemed guilty of maintaining a public nuisance, and any such orchards, nurseries, trees, or places, or articles thus infected shall be adjudged and the same is hereby declared a public nuisance, and may be proceeded against as such. If found guilty, the court shall direct the aforesaid county board of horticultural commissioners to abate the nuisance. The expenses thus incurred shall be a lien upon the real property of the defendant. Sec. 3. The said county board of horticultural commis sioners shall have power to divide the county into districts and to appoint a local inspector for each of said districts. The board of county commissioners of each county shall issue commissions as quarantine guardians to the members of said county board of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural commissioners, shall have the authority to enter into any orchard, nursery, or place or places where trees or plants are kept and offered for sale, or otherwise, or any house, store-room, sales-room, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. Sec. 4. It shall be the duty of said county board of horticultural commissioners to keep a record of their official doings, and to make a report to the board of county commissioners on or before the first day of October of each year, of the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also as to the disinfecting and as to quarantine against insects, pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board of county commissioners shall incorporate so much of said report as may be of general interest in their annual report which they shall make to the governor of said territory on or before the first day of December of each year. Sec. 5. Each member of the county board of horticultural commissioners, and each local inspector, shall be paid for each day actually engaged in the performance of his duties. under this act, payable out of the county treasury of his county, such compensation as shall be determined by resolution of the board of county commissioners of the county, before entering into the discharge of his or their duties. Sec. 6. Said county board of horticultural commissioners shall have power to remove any local inspector who shall fail to perform the duties of his office. If any member of the county board of horticultural commissioners shall fail to perform the duties of his office, as required by this act, he may be removed from office by the board of county commissioners, and the vacancy thus formed may be filled by appointment. by said board of county commissioners. In addition to the annual report required by section 5 of this act, the county board of horticultural commissioners shall make a monthly report of their doings to the board of county commissioners and the board of county commissioners may withhold warrant for their salary or compensation of said members and inspectors thereof until such time as said report is made. Sec. 7. The county board of horticultural commissioners may receive, manage, use and hold donations and bequests for promoting the objects of its formation. It shall meet semi-annually, and as much oftener and at such places as it may deem expedient, to consult and adopt such measures as may best promote the horticultural industry of the county. It may, but without expense to the county, select and appoint competent and qualified persons to lecture in the county, for the purpose of illustrating practical horticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing and also in the best methods of treating diseases of fruits and fruit trees, cleansing orchards and exterminating insect pests. The county board of horticultural commissioners, shall at their first meeting select from among themselves a chairman, a secretary and a treasurer who shall furnish bond to the county commissioners in the sum of five hundred dollars ($500.00) for the faithful discharge of his duties. Sec. 8. The chairman shall preside at all meetings of the board, shall countersign all checks for moneys paid out, and shall sign all contracts to which the county board of horticultural commissioners is a party: Provided, the same shall have been approved by the board. He shall have power to call a meeting of the board at any time he deems it necessary, whenever requested by a majority of the board, or when requested in writing by six of the resident fruit growers. Sec. 9. The secretary shall attend all meetings of the board, and preserve records of its proceedings and all its correspondence, collect and preserve such books, pamphlets, periodicals and other documents as may be of interest to the horticulturalist, and to correspond with agricultural and horticultural societies and colleges and what other persons and bodies as he may be directed by the board. He shall also prepare such reports as are required by the board, and perform such other duties as will pertain to the office. Sec. 10. The duties of the treasurer shall be to receive and safely keep all moneys of the board. He shall pay out the same only for bills approved by the board, and shall render a detailed account to the board before the first of October of each year, or as often as may be required by the board, showing the amount of money received by the board and paid out by him. At the expiration of his term of office he shall turn over to his successor in office all moneys, books, and papers of the board. He shall give bond in sum as provided for. CHAPTER 108. AN ACT PROVIDING FUNDS AND MAKING APPROPRIATIONS FOR THE 55TH AND 56TH FISCAL YEARS AND FOR OTHER PURPOSES. C. S. for H. S. for C. S. for C. B. No. 57; Law by Limitation, March 19, 1903. CONTENTS. Sec. 1. Payment of interest on bonded indebtedness. Proviso. Sec. 2. Sec. 3. Support and maintenance of territorial institutions. Proviso. Chapter 69, Charitable institutions. Sec. 4. Territorial purposes. Sec. 5. Appropriations for 55th fiscal year extended to the 56th fiscal year. Excep tion. Sec. 6. Surplus of any given fund of one year transferred to the same fund of the year following. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Beginning of fiscal year. Penitentiary current expense fund. Pay of territorial officials. Proviso. Supreme court fund. Miscellaneous fund. Sheriffs. Public wagon road. Deficiencies. Militia. Section 4021, Compiled Laws of 1897, regarding levy for current county ex- Section 1537, Compiled Laws of 1897, regarding tax levy for school purposes. Court house repair fund. Provision in case any legislative assembly fails to pass appropriation bill. Be it enacted by the Legislative Assembly of the Territory of New Section 1. For the 55th fiscal year the following appropriations or so much thereof as may be deemed necessary are hereby made and directed to be paid for the purposes hereinafter expressed, to-wit: For the payment of interest on bonded indebtedness sixty-two thousand dollars ($62,000.00): Provided. that if at any time the moneys in the interest fund are insufficient for the payment of interest coupons as they mature, it shall be the duty of the territorial treasurer to borrow temporarily a sufficient sum to complete the said payment, and for that purpose he, the said treasurer, is hereby authorized and empowered to make and negotiate the necessary loan on the best terms obtainable, and at a rate of interest not exceeding six per cent. per annum. The auditor of public accounts shall countersign any and all papers necessary for the negotiation of said loan and charge the proceeds to the treasurer, and the treasurer shall redeem such paper out of the moneys coming into the interest fund. Sec. 2. For the support and maintenance of the New Mexico College of Agriculture and Mechanic Arts, the University of New Mexico, the New Mexico School of Mines, the New Mexico Normal School at Silver City, the New Mexico Normal School at Las Vegas, the New Mexico Military Institute at Roswell, the New Mexico Insane Asylum at Las Vegas, the Miners' Hospital at Raton, the Institute for the Blind at Alamogordo, the Reform School to be hereafter located at the County of Taos, Rio Arriba or San Juan, the Deaf and Dumb Asylum at Santa Fe, all territorial institutions, an annual tax levy shall be made each and every year hereafter, commencing with the 55th fiscal year, to the amount of four and eightyfive hundredths (4.85) mills on the dollar, in addition to that provided for other purposes, which shall be made and collected, and the product of such levy shall be distributed as follows, to-wit: To the New Mexico College of Agriculture and Mechanic Arts forty one-hundredths (.40) of one mill; and, for the purpose of re-paying the sum of sixty-two hundred dollars. ($6,200.00) heretofore advanced by certain citizens to said institution, and making permanent improvements in and upon said New Mexico College of Agriculture and Mechanic Arts, and the construction of buildings, etc., there is hereby appropriated the sum of twenty-five thousand dollars ($25,000.00) out of the temporary provisional indebtedness fund hereinafter created, which said amount of twenty-five thousand dollars ($25,000.00) hereby so appropriated shall be covered into the treasury of the Territory of New Mexico to the credit of said fund out of the proceeds of the sale of any lands belonging to said institution, so soon as said lands or any part thereof may be sold. To the University of New Mexico sixty-five one-hundredths (.65) of one mill; and for the purpose of making permanent improvements and the construction of buildings in connection with said University of New Mexico there is hereby appropriated the sum of twenty thousand dollars ($20,000.00), out of the temporary provisional indebtedness fund hereinafter created. To the New Mexico School of Mines forty-five one-hundredths (.45) of one mill. To the New Mexico Normal School at Silver City fifty onehundredths (.50) of one mill. To the New Mexico Normal School at Las Vegas fifty onehundredths (.50) of one mill. To the New Mexico Military Institute at Roswell forty-five one-hundredths (.45) of one mill; and, for the purpose of making permanent improvements and the construction of buildings in connection with said New Mexico Military Institute there is hereby appropriated the sum of ten thousand dollars |