CHAPTER 35.

AN ACT ENTITLED "AN ACT TO AMEND SECTION 160FCHAPTER 81 OF THE LAWS OF 1901, RELATING TO THE APPOINTMENT OF EXECUTORS AND ADMINISTRATORS." H. B. No.

154; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 16, chapter 81, Laws of 1901, regarding persons not qualified to act as executor or administrator. Amended.

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

Section 1. Section 16 of chapter 81 of the Session Laws of 1901 is hereby amended by striking out after the word. "turpitude" the words "or a married woman."

Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed and this act shall be in full force and effect from and after its passage.

CHAPTER 36.

AN ACT TO EXTEND THE PROVISIONS OF AN ACT OF THE 35TH LEGISLATURE ENTITLED "AN ACT IN RELATION TO MAYORS OF CITIES AND TO OTHER OFFICERS," APPROVED FEBRUARY 28, 1903, TO ALL CITIES OF THE TERRITORY, WHETHER INCORPORATED UNDER GENERAL OR SPECIAL LAWS.

B. No. 163; Approved March 12, 1903.

Sec. 1.

CONTENTS.

H.

Provisions of chapter 9, Laws of 1903, regarding mayors of cities, extended to all cities of the territory.

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

Section 1. That the provisions of an act of the 35th Legislature entitled "An Act in relation to mayors of cities and to other officers," approved February 28, 1903, be and the same are hereby applied and extended to all cities in the Territory of New Mexico, whether incorporated under general or special laws.

Sec. 2. That this act shall be in full force and effect from and after its passage.

CHAPTER 37.

AN ACT TO PROVIDE FOR PUBLIC SCHOOL HOUSES FROM THE SURPLUS IN GENERAL SCHOOL FUNDS. A. H. B. No. 87; Approved March 12, 1903.

CONTENTS.

Sec. 1. Directors may use surplus in general school fund to construct school buildings.

Sec. 2. Surplus fund.

Sec. 3.
Sec. 4.

Available when. Duties of county superintendents, territorial treasurer and school directors.

Provision when surplus not sufficient to complete buildings.
Insurance of school buildings.

Sec. 5. Failure of officers to carry out the provisions of this act. Penalty.

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

Section 1. That whenever there shall be a surplus in the general school fund in the county treasury to the credit of any school district in the territory, outside of incorporated towns and cities, to the amount of not less than two hundred dollars ($200.00) after all the expenses of maintaining the schools in said district for teachers' salary, rent, and other expenses connected therewith, the said surplus or any part thereof, may be withdrawn by the directors of said school district and applied by them to the procuring of a suitable site and the erection thereon of proper school buildings or for the repairing of any school building or buildings for the use of such school district, in the manner following.

Sec. 2. That whenever a petition signed by one-half of the legal voters of such school district described in section 1 of this act, as shown by the number of votes cast in said district or precinct at the last general election, shall be presented to the county school superintendent, praying that such surplus money described in section 1 of this act may be turned over to the school directors of such school districts for the purpose of procuring a site and erecting school building or buildings, thereon, then it shall be the duty of said county school superintendent within ten days after the receipt of the said petition, to forward the same to the county treasurer, who shall file the said petition and safely keep the same among the records and archives of his office, and it shall be the duty of said county treasurer to at once notify the school directors of such school district of the amount of money then on hand, subject to be withdrawn for the purp oses named; and thereafter the said treasurer shall honor and pay all warrants drawn by such school directors against such surplus fund for the purchase of site and erection of school

houses thereon, when the same are accompanied by itemized and verified accounts and vouchers until the said surplus is exhausted, and it shall be the duty of the school directors to open proper books of account with the said fund, and enter therein all receipts and disbursements on account of such fund; and it shall be their further duty to take from persons to whom money may be due on this account, itemized and verified bills in duplicate, one of which shall be retained by said board of directors, and the other shall be transmitted with the warrant drawn in payment thereof to the county treasurer of the county in which said district is located. And the said school directors shall in no event and under no pretext contract for or incur obligations on such account beyond the amount of money available in the county treasury for such purposes, nor shall they under any circumstances incur any debt in the erection of such school house, or houses, or improvement or repair thereof except as provided in sections 1542 and 1543 of the Compiled Laws of 1897.

Sec. 3. In case there shall not be sufficient surplus moneys on hand to purchase a site and complete the building or buildings contemplated by the school directors under this act they are hereby authorized to procure the site for school purposes and to commence the erection of such building or buildings as they may deem necessary and proper for the purposes herein named, and shall carry on the construction thereof, so far as the moneys on hand for that purpose will permit, as hereinbefore provided, and in case the term of office of any such school directors or any member thereof shall expire, before the said buildings are completed, it shall be the duty of their successor or successors to proceed with the work in the manner herein provided until such work is completed.

Sec. 4. The board of directors of any school district is empowered to expend, from the funds in the treasury of said school district, any moneys necessary to properly insure any school building or buildings in such school district.

Sec. 5. Any failure of any of the officers mentioned in this act to carry out its provisions in the letter and the spirit of this act, shall subject such officers to removal and to a forfeiture of their official bond for the benefit of such school district so injured thereby, and any school directors so offending, shall be disqualified to become his own successor in office either by election or by appointment for a period of one year from date of such removal.

Sec. 6. All acts or parts of acts in conflict herewith, are hereby repealed, and this act shall take effect and be in force thirty days after its passage.

CHAPTER 38.

AN ACT REQUIRING COUNTY OFFICERS IN THIS TERRITORY TO
ESTABLISH AND MAINTAIN THEIR OFFICES IN THE COUNTY

SEAT OF THEIR RESPECTIVE COUNTIES. H. B. No. 152;
Approved March 12, 1903.

CONTENTS.

Sec. 1. County offices to be maintained at county seat.

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

Section 1. That the offices of county officers, in this territory shall be established and maintained in the county seat; so it shall be illegal to hold or maintain said offices outside of the place which is required in this section.

Sec. 2. That all laws or parts of laws in conflict or inconsistent herewith are hereby repealed, and this act shall be in full force and value from and after its passage.

CHAPTER 39.

AN ACT RELATIVE TO COMPULSORY EDUCATION AND TO AMEND SECTION 1555, COMPILED LAWS OF 1897. H. B. No. 102; Approved March 12, 1903.

CONTENTS.

Sec. 1.

Section 1555, Compiled Laws of 1897, regarding compulsory school attendance and duties of school directors. Amer.ded.

Sec. 2. Parent or guardian failing to send children to school. Penalty. Indigent pupils to be supplied with books. Proviso.

Sec. 3. County superintendents to have supervisory powers. Duties of district judges and district attorneys.

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

Section 1. That section 1555, original school statute of 1891, as it appears in the Compiled Laws of 1897, is hereby amended to read as follows, viz: "That the school directors or board of any school district, town or city in this territory are hereby empowered and required to compel parents, guardians or other persons having the control, care or direction of children, when such children do not attend some private or denominational school, to send such children under their control to the public school for at least three months in each year, except that children referred to in this act shall be not less than seven nor more than fourteen years of age,

or of such physical disability as to unfit them for school duties, which disability shall be certified to by some regular practicing physician.'

Sec. 2. Any parent, guardian or other person having the control of children and who shall fail or refuse to send such children to school as required by this act, after the clerk of the school district or the clerk of any town or city school board shall have given public notice containing the substance of this act, written or printed in both English and Spanish, by posting same in some conspicuous place at three separate points within the district, or publishing the same in some newspaper within the district, shall be punished upon conviction thereof by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), or by imprisonment for not more than ten days in any county jail: Provided, that if such parent or guardian is not able, by reason of poverty, to buy books for any such child, it shall be the duty of the school board of any town, district or city, upon the facts being shown to the satisfaction of a majority thereof, to purchase, through the county superintendent or through the district, town or city superintendent, if there be one, the necessary books for the use of said child or children, which books shall be loaned to said indigent pupil during the school term, yet shall remain the property of the district under the care and custody of the district clerk: Provided, further, that a sum not exceeding fifty dollars ($50.00) may be expended in any district in any one year for supplying indigent children with such necessary books, to be paid for out of the school fund of such district, by warrants drawn as in other cases; and, Provided, also, that there is no school taught within two miles of the place of residence of said child by the nearest established road.

Sec. 3. County superintendents are hereby vested with general supervisory powers in this matter and shall require directors to comply with the provisions of the preceding section; and it shall be the duty of the presiding judge of the district courts to give, at each session of the court, the substance of this law as a special charge to their respective grand juries, and it is made the duty of the district attorneys to give particular heed to the prosecution of causes growing out of violations of this act; and all fines so collected for the violation of this act shall be paid into the county treasury and placed to the credit of the school district in which the offense

Occurs.

Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed; and this act shall take effect and be in force in thirty days after its passage and approval by the governor.