For the payment of rents now due and outstanding for the various armories as follows: Territorial armory on account of rent due Mrs. Garcia de Quintana at Santa Fe... Company E, Armory..... Company B, at Roswell.. Armory at Silver City.. Freight on arms to Roswell. For clerical services for Faustin Ortiz in the auditor's office for 1891..... $200.00 80.00 138.00 97.20 262.00 76.35 . 780.00 All accounts for deficiency for the payment of armory rents and freights on arms to Roswell herein provided for shall be examined and approved by the adjutant general. For the payment of accounts due C. A. Robinson, for un- ....$220.00 For account due C. A. Robinson in accordance with certificate of allowance issued by the territorial auditor July 6th, 1891...... 46.90 150.25 Provided, That such appropriation herein made for C. A. Robinson shall be paid upon surrender of such certificates of indebtedness and allowances duly receipted, so made by such territorial auditor as herein before stated. For the payment of services rendered by Miss Clara Olsen, during the year 1903..... ...$360.00 ...... 310.14 For board of public lands to reimburse same for labor building culverts, drive-ways and material furnished in laying sidewalks about palace building. For the payment of account of Lars M. Larson for amounts paid by him, and his wife, during the years 1895, 1896 and 1897, on account of current expenses of deaf and dumb asylum of Santa Fe..... That for the purpose of fully carrying out the objects of an act entitled an act for the collection, arrangement and display of the products of the Territory of New Mexico at the Louisiana purchase exposition, or St. Louis world's fair of 1904, and to make appropriation therefor: .. 789.90 That all acts of said board in relation to their duties as such since the first day of March, A. D., 1905, to the date of the passage of this act are hereby validated and made legal. That there is hereby appropriated the sum of three thousand dollars, or so much thereof as may be necessary out of the Louisiana purchase exposition fund, to liquidate the outstanding indebtedness, and the territorial treasurer is hereby directed to pay the same from said fund upon requisition of said board signed by the president and secretary thereof, and approved by the governor in accordance with the provisions of said act, and the treasurer is hereby directed to transfer all surplus funds over and above the amounts herein named derived from levies made for the Louisiana purchase exposition fund for the 53rd fiscal year and each year thereafter to the credit of the general territorial fund. That said act entitled an act providing for the collection, arrangement and display of the products of the Territory of New Mexico at the Louisiana purchase exposition or St. Louis world's fair of 1904, and to "make an appropriation therefor," be and the same is hereby continued in full force and effect until the first day of December, A. D., 1905. The said territorial board of Louisiana purchase exposition managers of New Mexico, is hereby continued in existence until December 1, 1905, and the governor is hereby authorized to appoint the members thereof in the same manner as provided in said act. For the purpose of paying A. J. Abbott for services performed in briefing the supreme court opinions for the years 1903 and 1904, $500.00. The auditor of the territory is hereby authorized and directed to audit and allow the account of E. W. Stephens for the amount of $453.33 actually paid out by him as printer of volumes 3, 4, 5, 6, 7, 8, 9 and 10, of the New Mexico supreme court reports, to the clerk of the supreme court for the copies of the decisions of said court, to enable him to print such reports, which said account shall be verified by said Stephens, and when allowed shall be paid by the treasurer of the territory, on the warrant of the auditor for the same, in favor of the said Stephens, out of any moneys in the treasury. There shall be paid to the clerk of the supreme court six cents per folio for all copies of the decisions of the supreme court furnished the publisher of the reports of such decisions for which he has not been paid, and a like amount per folio for such copies as he may hereafter furnish to such publisher, said clerk to furnish the territorial auditor an itemized statement of his account duly verified, and the said amounts shall be paid out of any moneys in the treasury not appropriated for payment of interest. For publication U. S. geological survey reports to be expended under direction of the School of Mines, or so much thereof as may be necessary. ... .$2,500.00 For the purpose of defraying the expenses of statehood committee sent to Washington, D. C., by republican and democratic central committees of the Territory of New Mexico and to be paid to the First National bank of Albuquerque, New Mexico, to take up certain obligations incurred by certain citizens of the territory for the payment of said expenses, and to be paid out of any funds in the hands of the territorial treasurer, the sum of. . . . . . 3,682.25 To James D. Hughes, deficiency account 1903 assessment rolls on file in auditor's office... .. 141.00 To James S. Duncan, deficiency account 1903 council journals.. 250.73 To James S. Duncan, deficiency account 1903, house. journals..... ... ... 757.02 671.90 Traveling auditor... Game and fish warden. ... 55.50 Provided, That the territorial auditor shall not make payments for any of the deficiency appropriations herein made, except upon duly authentic accounts therefor. Sec. 16. At the end of each fiscal year and after any appropriations and expenditures which may be required to be paid out of any particular fund or funds shall have been paid, all the surplus which shall remain in any or either one of the particular funds, shall be transferred by the territorial treasurer to the credit of the same fund for the following fiscal year. Sec. 17. The same appropriations made for the fifty-seventh fiscal year are hereby extended to the fifty-eighth fiscal year, except the appropriations made for the printing of the laws and journals of the 36th legislative assembly and for the translation of such laws; and for the appropriation made for the relief of the residents of the Mimbres valley, and the appropriation made for the insurance of the capitol buildings and furniture and for the appropriation for insurance for the territorial library and for the appropriation made for the compilation of the revenue laws and for the appropriations made for the payment of the deficiencies which are made applicable to the fifty-seventh fiscal year only, and shall not extend to the appropriations for the fifty-eighth fiscal year; except that $900.00 is hereby appropriated for binding, printing, and delivering three hundred copies of volume 14 of the decisions of the New Mexico reports. Sec. 18. The territorial treasurer shall distribute from territorial taxes, on or before the tenth day of each month, collected during the preceding month for each fiscal year for the credit of each appropriation, in proportion, that each such appropriation bears to the total appropriation. Sec. 19. The territorial auditor is hereby instructed and directed to levy a tax on all the taxable property of the territory sufficient to raise the amount hereinbefore appropriated for the fifty-seventh and the fifty-eighth fiscal years, and to certify the same at the time and in the manner required by law to the board of county commissioners of the respective counties of the territory. Sec. 20. Hereafter whenever any subsequent legislature shall fail to pass a general appropriation act, the same appropriations herein made for the fifty-eighth fiscal year, and none other, are hereby extended for each and every subsequent fiscal year thereafter, unless otherwise provided by law, and the territorial auditor is hereby directed to cause a levy to be made sufficient to produce the revenue to meet such appropriation in the manner prescribed by law. Sec. 21. This act shall be in full force and effect on and after its passage. CHAPTER 113. AN ACT TO REPEAL CHAPTER FIFTEEN OF THE ACTS OF THE THIRTY-FOURTH LEGISLATIVE ASSEMBLY. C. B. No. 153; Approved March 16, 1905. CONTENTS. Sec. 1. Chapter 15, Laws of 1901, amending Section 3910, Compiled Laws of 1897, repealed. Section 3910, regarding the voidability of certain contracts against public policy, re-enacted. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Chapter 15 of the acts of the 34th legislative assembly entitled "An Act to amend section 3910 of the Compiled Laws of 1897, approved March the 6th, 1901, be and the same is hereby repealed." And the said section 3910 be and the same is hereby re-enacted. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage. CHAPTER 114. ΑΝ Аст RELATING TO SUPREME COURT PRACTICE AND AMENDING THE STATUTES RELATING THERETO, AND FOR OTHER PURPOSES. C. A. to A. H. B. No. 75; Approved March 16, 1905. CONTENTS. Sec. 1. Section 1, Chapter 4, Laws of 1899, regarding the time of holding the supreme court, amended. Term of supreme court. Sec. 2. Sec. 5. Return of process. Section 3140, Compiled Laws of 1897, regarding the return of appeals, repealed Return of writs. Granting of supercedeas. Sub-section 161, Section 2685, Compiled Laws of 1897, made applicable to all civil cases. Sec. 6. Section 1, Chapter 5. Laws of 1903, amending sub-section 175, Section 2685, Compiled Laws of 1897, amended. Construction of sub-section 175, Section 2685, Compiled Laws of 1897. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 1 of the said act of the legislative assembly of the Territory of New Mexico, being Chapter 4 of the acts of 1899, approved February 4, 1899, be and the same is hereby amended to read as follows: The regular term of the supreme court shall be held at the city of Santa Fe, commencing on the first Wednesday after the first Monday in January in each year, and adjourned terms of said court may be held from time to time between the last day of any regular term and the first day of an ensuing term as the court may deem proper and order. Sec. 2. All appeals, writs of error, bonds, summons, citations, and other process, heretofore returnable to the first day of the regular term of said court, shall hereafter be returnable ninety days |