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Sec. 4. That upon the petition of twenty or more inhabitants of, and owners of lands within, any one of such land grants, it shall be the duty of the board of county commissioners of the said county of Dona Ana to order an election to be held for the choice of a board of trustees for the grant specified in the petition. Such board of county commissioners shall appoint three competent and disinterested persons, qualified to vote under the provisions of this act, to serve as judges of such election and shall by proclamation printed at least once a week for two successive weeks in some newspaper of general circulation published in the said County of Dona Ana give notice of the time and place of such election and the objects thereof.

Sec. 5. That within thirty days of the expiration of the terms of office of any such board of trustees, it shall be the duty of such board to call an election for the choice of their successors, to fix the time and place for the holding of the same, to appoint qualified persons to act as judges thereof, and to give notice of such election in the manner and for the length of time specified in the preceding section.

Sec. 6. That at all the elections hereinbefore provided to be held, each actual inhabitant of such grant and owner of land therein, being over the age of twenty-one years, shall be entitled to cast one vote in person, and the five persons receiving the highest number of votes so cast at any such election shall be the trustees of the grant and hold their offices for the period of two years and until their successors shall be elected and qualified.

At the first election to be held under the provisions of this act the votes shall be canvassed and the result ascertained and determined by the board of county commissioners of said county and at all subsequent elections by the outgoing board of trustees. Such elections shall be conducted in all respects, as near as may be, as the elections of justices of the peace under the laws of this territory, Each member of the board of trustees shall qualify within ten days after his election by filing with the secretary-and-treasurer an oath subscribed by him to the effect that he will faithfully discharge the duties of his office, which oath shall be recorded in the minutes of the proceedings of the board.

Sec. 7. That the board of directors shall choose a president and a secretary-and-treasurer. The president shall be chosen from the members of the board, shall preside at all meetings of the board. and act as the executive officer thereof. He shall sign all warrants

for the payment of money and all deeds and other instruments of writing requiring the corporate seal.

The secretary-and-treasurer shall give bond to the Territory of New Mexico in such sum as the board of trustees shall require, the same to be conditioned for the faithful performance of the duties of his office. It shall be his duty to keep a record of the proceedings of the board, which record shall be open to public inspection at all reasonable hours, to attest all warrants for the payment of money and all deeds and other instruments of writing requiring the signature of the president. He shall be the custodian of all funds, moneys, and papers belonging to the board of trustees. No compensation shall be voted at any time to any trustee or to any officer thereof, save the secretary-and-treasurer.

Sec. 8. That said board of trustees shall have the following powers:

First. To control and manage the land grant and prescribe rules and regulations for the administration thereof; to prohibit all trespasses and depredations upon the unallotted and unappropriated lands within the grant; to institute actions of ejectment to recover the possession of any such unallotted and unappropriated lands and any other action or suit that may be necessary and proper in the exercise of the powers herein conferred. .

Second. To sell, convey, lease, mortgage or otherwise dispose of, under such rules and regulations as the board shall adopt for the purpose, the unallotted and unappropriated lands within the grant; but no such sale, conveyance or mortgaging of any such lands, or lease thereof for a longer period than five years, shall be made until such lands shall have first been appraised by at least two disinterested inhabitants of the grant, to be appointed by the judge of the district court for the county, nor for a sum less than two-thirds of the appraised value.

Third. To recognize and confirm by deed of conveyance all bona fide adverse holdings of real estate within the grant: Provided, However, That if any such board shall fail or refuse to make such conveyance upon demand the person aggrieved shall have the right to file a bill of complaint in the district court for the county, praying that such board may be compelled to confirm and convey to him and his heirs and assigns the lands described in the bill of complaint. If, upon the hearing of such cause, it shall appear that such person is entitled, under the laws, usages and customs of Spain, Mexico, the Territory of New Mexico or the United States, to such land, a decree shall be entered in such cause requiring such

board of trustees to confirm and convey to him, and his heirs and assigns, the lands aforesaid: Provided, However, That no part of the costs of such suit or proceeding shall be taxed to the board of trustees or paid by such board.

Any conveyance made in pursuance of the provisions of this act shall operate to conclude all persons claiming by, through or under the original title upon which the owners of such grant base their claim thereto the lands described in such conveyance.

The words "owner" or "owners," wherever the same occur in this act, shall be construed to mean the members of the colony or community to which said grant was originally made, or their successors in interest, including all persons residing within the limits of the grant who shall have been in occupancy and adverse possession of any part or portion of such grant for a period of two years or more next preceding the passage of this act.

Fourth. To have a common seal.

Fifth. To adopt all necessary rules and regulations for the carrying out of the powers conferred in this act.

That no sale, mortgage, lease or other disposition of the unallotted and unappropriated lands within the grant, authorized under the provisions of this act, nor any confirmation or conveyance, as provided in Section 8 of this Act, shall take effect or become operative until after the regular meeting of the board of trustees held next after the meeting at which the resolution authorizing such sale, mortgaging, leasing, confirmation, conveyance or other disposition of the lands involved is passed, and the corporation shall not be bound by any such resolution unless the same shall have been passed at a regular meeting of the board and by a majority vote of all the members of the board.

Sec. 10. That the regular meetings of the board of trustees shall be held on the first Monday of each alternate month. Special meetings may be held at any time on the call of the president of the board. A majority of the board shall constitute a quorum for the transaction of business, save as hereinbefore provided. All vacancies in the board shall be filled by the remaining qualified members thereof, the persons appointed to fill such vacancies to hold their offices until the election and qualification of their successors. All expenses for holding elections under the provisions of this act, and all expenses necessary and proper incurred in the exercise of the powers herein conferred may be paid by the board of trustees out of the funds belonging to the corporation.

Sec. 11. All acts and parts of acts in conflict with this act are

hereby repealed, and this act shall take effect from and after its passage.

CHAPTER 22.

AN ACT REGULATING THE SALARIES OF COUNTY COMMISSIONERS. H. B. No 128; Approved March 1, 1905.

CONTENTS.

Sec. 1. Salary of county commissioners.

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

Section 1. That whenever the revenue collected in any county during any current year for taxes shall in the aggregate equal or exceed one hundred thousand dollars, then the county commissioners shall be entitled to receive as compensation a salary of eight hundred dollars per annum payable in the manner now provided by law. Said compensation to be based on collection of taxes made during any preceding year; and whenever such collection of taxes. for any preceding year shall be less than the sum herein specified, then the county commissioners shall receive the same compensation as provided by law in accordance with the classification of such counties by class.

Section 2. This act shall be in full force and effect on and after its passage.

CHAPTER 23.

AN ACT TO PROVIDE FOR THE COMPENSATION OF AN ENUMERA

TOR OF PERSONS OF SCHOOL AGE IN THE SEVERAL DISTRICTS OF THE TERRITORY OF NEW MEXICO.. H. B. No. 23; Approved March 2, 1905.

CONTENTS.

Sec. 1. School directors to make enumeration of persons within school age. Duty of clerk. Compensation of clerk.

Sec. 2. Punishment for false enumeration.

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

Section 1. That the directors of schools in the several school districts in the territory shall, on or before the first day of Sep

tember of each year make an enumeration of all unmarried persons between five and twenty-one years of age, giving the names, ages and sexes of such persons in full, and shall report the same in writing, which enumeration list shall be signed by all the directors, to the county superintendent within fifteen days thereafter. It shall be the duty of the clerk of said school directors to correctly enumerate or cause to be enumerated all unmarried persons of the respective school districts as specified herein. For said enumera tion he shall be paid from any funds in the hands of said directors the sum of one dollar and fifty cents for each one hundred names, or fraction thereof, thus enumerated.

Sec. 2. Any enumerator acting for the directors of schools of any district who shall wilfully place fictitious names, or names of persons, not actually residing in said district, upon the official enumeration list, shall be declared guilty of a misdemeanor and on conviction thereof, before any court of competent jurisdiction, he shall be punished by a fine of not less than ten or more than fifty dollars, which fine shall, when paid be placed in the school fund of said school district.

Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force thirty days from and after its passage.

CHAPTER 24.

AN ACT PROVIDING FOR THE REGISTRATION OF TRADE-NAMES, TRADE-MARKS AND LABELS.

H. B. No. 33; Approved

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Sec. 1. Application for registration of trade-names, trade-marks and labels to be filed in office of territorial secretary. Fee. Secretary to keep record of trade-names, trade-marks and labels. Evidentiary value of description of trade-name, trade-mark or label.

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Sec. 4.

Sec. 5.

Penalty for violation of sections 3 and 4.

The unlawful use of registered trade-marks and trade-names.

Sec. 6. To what extent provisions of act to be applicable.

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

Section 1. Any person or persons, firm, corporation or association who manufacture or deal in articles of a commercial nature

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