CHAPTER 10. AN ACT FOR THE RELIEF OF A. B. BACA FOR SERVICES IN PURSUING, ARRESTING AND RETURNING TO THE JAIL OF SANTA FE COUNTY, JOSE TELLES, AN ESCAPED PRISONER ACCUSED OF MURDER. H. B. No. 91; Approved February 28, 1903. CONTENTS. Sec. 1. Appropriation for A. B. Baca. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There be and is hereby appropriated out of any moneys in the territorial treasury, not set apart for the payment of interest on the public debt, the sum of five hundred dollars ($500) to be paid to A. B. Baca of the County of Socorro, in full payment to him for his expenses and services in pursuing, arresting and returning to the jail of Santa Fe county, Jose Telles, an escaped prisoner therefrom, who had been therein confined under the charge of murder. And the auditor of the territory is hereby authorized and directed to draw his warrant on the treasurer of the territory in favor of said A. B. Baca for said amount, out of which said A. B. Baca shall refund to the sheriff of Santa Fe county any amount which said sheriff may have advanced to him to defray his said expenses. Sec. 2. This act shall be in force and effect from and after its passage. CHAPTER 11. AN ACT TO PROVIDE FOR THE BURIAL OF HONORABLY DIS- DEFRAY FUNERAL EXPENSES. A. C. B. No. 6; Approved CONTENTS. Sec. 1. Sec. 2. Board of county commissioners. Duty. Funeral expenses. Funeral arrangements. Marking of grave. Probate clerk to keep record. Sec. 3. Bills to be sworn to and audited. Sec. 4. Fraud. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. It shall be the duty of the boards of county commissioners in the several counties of this territory to cause to be decently interred the body of any honorably discharged soldier, sailor or marine who served in the army or volunteer service of the United States during any war in which the United States has been engaged, and who may hereafter die without having means sufficient to defray his funeral expenses. Such burial shall not be made in any "Potters Field" or pauper burial ground, nor in any cemetery used exclusively for the burial of pauper dead, and the expenses of any such funeral shall be paid by the county out of the general fund; but not more than fifty dollars ($50) shall be expended for any such burial. Sec. 2. Should any surviving relative or relatives or immediate friends, or any Grand Army Post of which deceased was a member, desire to conduct such funeral, they shall be permitted to do so, and the expenses herein provided for shall be paid as specified in section 1 of this act, and the grave of the deceased shall be properly marked and designated, and a record of the name, age, service and death shall be made in a book to be kept for that purpose by the probate clerk. Sec. 3. All bills for the expenses of any such burial shall be duly sworn to, and the said bills shall be audited and ordered paid to the amount of not more than fifty dollars' ($50) by the board of county commissioners of the county wherein such soldier, sailor or marine resided at the time of his death, and in such manner as other bills are allowed and paid from the general county fund. Sec. 4. Any person presenting a false, fictitious or fraudulent bill for the purpose herein specified, or who attempts to have audited and paid any false, fictitious or fraudulent bill on account of any such purpose, sworn to as herein required, shall be deemed guilty of perjury and punished accordingly, and any county commissioner who shall knowingly order paid any such false fictitious or fraudulent bill or account, shall be deemed guilty of malfeasance in office and punished by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail not to exceed six months, and removal from office. Sec. 5. This act shall take effect from and after its passage. CHAPTER 12. AN ACT FIXING THE FEES OF THE DISTRICT ATTORNEY FOR THE COUNTIES OF COLFAX AND UNION. C. B. No. 60; Approved February 28, 1903. CONTENTS. Sec. 1. Change of salary. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Hereafter the district attorney of the Counties of Colfax and Union, in addition to the salary now paid him by the territory and the fees received by him for the prosecution of civil and criminal actions, shall be paid the sum of four hundred dollars ($400.00) by the County of Colfax and the sum of three hundred ($300.00) from the County of Union, per annum, payable quarterly. Sec. 2. 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 13 AN ACT WITH REFERENCE TO TAXATION BY MUNICIPAL CORPORATIONS, GIVING TO CITIES AND TOWNS THE POWER TO LEVY A SPECIAL TAX FOR WATER AND LIGHT PURPOSES. A. C. B. No. 45; Approved February 28, 1903. CONTENTS. Sec. 1. Cities or towns may levy a special tax for water and 11ght purposes. Proviso. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That whenever the right to build, maintain and operate works for the supplying of water and lights has been, or may be granted to individuals or corporations in cities or towns in this territory and any such cities or towns have contracted, or shall contract with such individuals or corporations for supplying water and lights for public or municipal purposes, such city or town may levy each year and cause to be collected a special tax sufficient to pay the amounts so agreed to be paid for the supplying of water or lights, not exceeding the sum of four (4) mills for water and two (2) mills for lights on the dollar for any one year: Provided, that this shall not authorize any increase in the total amount of taxes now authorized to be carried by such cities and towns, but such total taxes for all purposes shall remain as now enacted by law. Sec. 2. All acts and parts of acts in conflict with this act are repealed, and this act shall be in force from and after its passage. CHAPTER 14. AN ACT CONFERRING ADDITIONAL DUTIES AND POWERS UPON MAYORS OF CITIES AND TOWNS. A. C. B. 5; Approved February 28, 1903. CONTENTS. Sec. 1. Ordinances or acts of city council to be endorsed "approved" or "disapproved" by the mayor. Sec. 2. Passing of ordinances over mayor's veto. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Hereafter no resolution, ordinance or other legislative action of the council of cities or the trustees of towns shall be valid and effective unless endorsed "Approved" by the mayor, with his official signature, except as hereinafter stated. If the mayor disapprove of any such resolutions, ordinances, or other legislative action of the council of cities or boards of trustees of towns, he shall endorse upon the same within three days after the adoption thereof "Disapproved," and sign his name under such endorsement. Sec. 2. If any ordinance, resolution or other legislative action, of the council of cities or boards of trustees of towns has been by the mayor disapproved, the same may be reconsidered by the council or board of trustees at its next regular meeting or at the next meeting at which a quorum is present, and after such reconsideration two-thirds of the members of the council of cities or boards of trustees present, voting, agree to pass such ordinance, resolution, or other legislative action, then the mayor shall declare the same to have been passed, and the same shall become a valid ordinance or resolution. Sec. 3. This act shall take effect from and after its passage. CHAPTER 15. AN ACT RELATING TO THE DISTRIBUTION OF THE WATER OF DITCHES BY COMMISSIONERS OR SUPERINTENDENTS. A. H. B. No. 56; Approved March 4, 1903. CONTENTS. Sec. 1. Ditch commissioners. Meeting. Duties. Sec. 2. Sec. 4. Sec. 5. Election of chairman and secretary. Term of office. Duty of secretary. Failure of water commissioner or superintendent to perform prescribed Act not to apply to ditches from Rio Grande. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section. 1. From and after the passage of this act, it shall be the duty of all the ditch commissioners of the Territory of New Mexico, where two or more ditches are constructed from and supply waters from the same source or river and within the limits of a precinct, to have a meeting on the first Monday of April of each year for the purpose of making a true, just and equitable apportionment and distribution of the water for their respective ditches, and it shall be the duty of the superintendents of said ditches respectively to apportion and distribute the water in said ditches among the persons entitled thereto to the use of the same, in accordance with the orders of said ditch commissioners and not otherwise. Sec. 2. In the meeting of said ditch commissioners, a majority of the persons elected as such shall constitute a quorum for the transaction of business, to carry out the purposes of this act. They shall elect a chairman and secretary from among their number. The chairman and secretary thus elected shall hold their positions during their term of office as ditch commissioners, and it shall be the duty of the secretary to keep in a proper book all of the proceedings of the meeting and to furnish the respective superintendents with a certified copy of the rules and regulations adopted at said meeting for the apportionment and distribution of the water free of cost. Sec. 3. The said apportionment and distribution of the water shall be made in accordance with the rights of each ditch, and in proportion to the lands irrigated by each ditch. Sec. 4. If any superintendent or water commissioner, neglects or refuses to discharge the duties required of him by this act, he shall be fined for each offense in a sum not of exceed ten dollars ($10.00) recoverable before any justice of |