to pay for same out of any funds available or by a special levy sufficient to cover such cost.

Sec. 2. Such certified copies when obtained, shall remain on file in the office of the probate clerk and ex-officio recorder of the county and shall be for the use of the county commissioners, county assessor and county surveyor; and the same may also be used as evidence of the matters thereby shown in any cause, civil or criminal, in the courts of this territory.

Sec. 3. This act shall be in force and effect thirty days after its passage.

CHAPTER 104.

AN ACT TO BE ENTITLED AN ACT TO REGULATE FOR THE APPROPRIATION OF WATERS FOR MINING, MILLING, AGRICULTURAL AND OTHER USEFUL PURPOSES. A. H. B. No. 21; Approved March 16, 1905.

Sec. 1.

CONTENTS.

Statement of intention to divert unappropriated waters, to be filed with probate clerk. Contents of statement.

Sec. 2. Time for completion of diversion. Proviso.

Sec. 3. Party tiling notice to have exclusive use of unappropriated waters. Provisos.

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

Section 1. Any person, company or association which may desire to divert and appropriate unappropriated waters flowing through any natural channel or stream for agricultural, mining, milling, mechanical or other useful purposes, may file in the office of the probate clerk of the county wherein it is sought to make such appropriation or diversion, a written statement or notice thereof; which statement or notice shall contain the following:

First. A description as near as may be of the locality of the proposed diversion, naming if practicable the forty acre tract on which it is proposed to make the diversion with such other and more definite description as may be practicable.

Second. The amount of water sought to be appropriated. Third. The purpose for which such appropriation is sought to be made.

Fourth. Where the diversion is sought to be made for agricultural purposes, the parties seeking to make such appropriation

shall have the right to construct a ditch from the point of diversion to the point of appropriation, and where the appropriation is sought to be used to create a power for operating machinery of any kind, then such parties shall have a right to convey its line by means of poles or ditches by the nearest practicable route from the point of diversion to the point of appropriation. And if such route or rightof-way passes over any lands belonging to the United States or the Territory of New Mexico, such party may have right-of-way free of cost. But if said line of right-of-way should be constructed over the land of any citizen then the party seeking such right-of-way shall pay a resonable compensation to the owner of the land through which said right-of-way passes; such compensation to be ascertained by a commission composed of three disinterested persons to be named by the judge of such judicial district. And in estimating the damage if any to the owner of such lands said commission shall take into consideration the benefit if any, to be derived by such owner by means of such construction.

Sec. 2. On the filing of the notice herein before provided for the party proposing to construct such diversion shall have six months in which to begin, and eighteen months in which to complete such diversion and appropriation: Provided, However, That if by unavoidable circumstances such party is delayed, then and in that event on the making of proper showing it shall be the duty of the district judge of such district to allow such party a reasonable time within which to commence and complete such appropriation.

Sec. 3. From and after the filing of the notice herein provided for, the party so making and filing such notice, shall have and possess the exclusive use of all unappropriated waters sought to be diverted and appropriated or so much thereof as may be useful or necessary for the accomplishment of all purposes set out in such notice of appropriation: Provided, That the provisions of this act shall apply to cases in which the notice of appropriation herein provided for shall have been filed: Provided, That any such notice. may be amended so as to conform to the provisions of this act and the benefit of such notice shall take effect from and after the filing thereof and shall be entitled to all the rights accruing to the priority of such filing: Provided, Further, That nothing in this act shall be so construed as to deprive any one now using water for agricultural, domestic or other purposes from the use of all the waters they may have heretofore diverted: And, Provided, Further, That this act shall not have any retroactive operation and shall not apply to dams, ditches, acequias, or any other appropriation that have here

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 OF PROPER BONDS BY TERRITORIAL AND COUNTY OFFIA. H. B. No. 19; Approved March 16, 1905.

CIALS.

CONTENTS.

Sec 1.

Sec. 2.

Sec 3.

When per

Bonds of territorial officials to be furnished by trust companies.
sonal sureties will be accepted. Proviso.
Bonds of municipal and county treasurers. Proviso.
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. 1. Itinerant vendors.

CONTENTS.

Sec. 2. Money deposit and license required of itinerant vendors

Sec. 4. Person injured or defrauded by itinerant vendor, may institute proceedings. Sec. 5. Return of deposit

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;