CHAPTER III. AN ACT TO PROVIDE FOR THE LEASING, SALE, MANAGEMENT AND CONTROL OF ALL LANDS NOW OWNED OR HEREAFTER ACQUIRED BY THE TERRITORY OF NEW MEXICO; TO CREATE A TERRITORIAL PUBLIC LAND OFFICE, AND A COMMISSIONER THEREOF AND TO PRESCRIBE THE DUTIES OF SUCH OFFICER; TO PROVIDE FOR THE CARE, CUSTODY, DISPOSITION AND INVESTMENT OF MONEYS DERIVED FROM THE LEASING AND SALE OF ALL TERRITORIAL LANDS AND FOR OTHER PURPOSES. A. C. B. No. 109; Approved March 16, 1605, Sec. 10. Commissioner not to recommend location of reservoir sites. Commissioner to keep record of business transacted Commissioner to keep separate accounts for each institution or purpose. Lessees not to use timber or other materials. Commissioner may sell matured and fallen timber. Proviso. Sec. 18. Penalty for wrongful use of material. Sec. 11. Sec. 12. Provisos. Sec. 13. Sec. 14. Rental payable annually. Sec. 15. Sec. 17. Sec. 25. Sec. 26. Sec. 19. Proviso. Sec. 27. Sec. 28. Sec. 29. Assignments of leases and permits. Renewal of leases and permits. Contents of application. Commissioner to notify applicant of rental value. Rent to be first lien on improvements. Improvements to be purchased by new lessee. Lessee may remove improvements. Persons occupying territorial lands to have preference rights. Sec. 30. Pasturage permits. Sec. 31. Sec. 32. Sec. 33. Sec. 34. Sec. 35. Applications, how made. Applications for location of lands. Credits for moneys advanced to pay expenses of locations. Person aggrieved may appeal. Provisos. Sec. 36. All funds to be used for benefit of institutions to which granted. Board of control. Officers. Meetings. Compensation. Expenses. Territorial treasurer to deposit funds in bank paying highest rate of interest. Sec. 39. Sec. 41. Sec. 43. Sec. 44. Sec. 45. Sec. 47. Board of control may have investigated locations for artesian wells. Board of control may contract with persons to donate lands under Board of control may cause investigations to be made to improve Rio Shall have power to hear and determine appeals. Commissioner to keep transcript of all selections. Sec. 49. Sec. 50. Sec. 51. Sec. 52. Sec. 53. Trespasser. United States land office fees. Unfinished business of commission of irrigation to be turned over to Sale of lands for benefit of New Mexico College of Agriculture and Be it enacted by the Legislative Assembly of the Territory of Section I. Land Office.-There is hereby created in and for the Territory of New Mexico a territorial land office, to be located at the capitol, which shall have jurisdiction, management and control of all lands now owned by or placed at the disposal of this territory, or hereafter acquired or controlled by the territory either by act of congress approved June 21st, 1898, or by other laws hereafter enacted. Sec. 2. Commissioner of Public Lands.-The executive officer of the territorial land office shall be a commissioner, the name and style of whose office shall be "Commissioner of Public Lands," who shall be appointed by the governor, by and with the consent of the council, and shall hold his office for two years and until his successor is appointed and qualified. Sec. 3. Oath and Bond.-Before entering upon the duties of his office, the commissioner of public lands shall qualify by executing a bond to the Territory of New Mexico in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of all duties required by law, and that he will safely keep all moneys, books, papers, and property belonging to his office during his incumbency thereof and pay over and dispose of the same as provided by law; such bond shall be guaranteed by some responsible surety company authorized to do business in this territory, the expense thereof to be paid by the territory out of the moneys arising from the public lands as other expenses connected with his office are hereinafter provided to be paid; he shall also take and subscribe an oath similar to that taken and subscribed by other territorial officers. which bond, and oath shall be filed in the office of the secretary of the territory. Sec. 4. Salary and Clerk Hire.-The commissioner of public lands shall be paid a salary of twenty-five hundred dollars per annum, payable monthly, and he may employ such clerks and other assistants in his office as he may need and may require of all assistants in his office a bond and oath of office. Sec. 5. To Authenticate Official Papers.-Saïd commissioner shall be provided with an official seal and shall authenticate therewith all official papers kept on file in the territorial land office and shall execute therewith all leases, pasturage permits, rights of way, grants, contracts and other papers pertaining to the territorial lands under his control; and certified copies of all papers on file in the office of such commissioner, when bearing his official seal shall be admitted as evidence in any court in this territory; and said commissioner is hereby empowered to administer oaths, take acknowledgments and attest all papers in matters pertaining to his office, and to execute under his hand and seal all leases, pasturage permits and other contracts herein provided for, and leases, pasturage permits and deeds and other contracts heretofore or hereafter so executed shall be entitled to record without acknowledgment, and the record thereof in the county in which the land affected thereby is situate, shall constitute, constructive notice, to all persons of the contents thereof. Sec. 6. Duties of the Commissioner.-The commissioner of public lands shall keep his office at the capitol and perform such duties and functions as may be required by law; he shall issue and sign on behalf of the territory, all leases, pasturage permits, deeds, contracts and other papers pertaining to the leasing, management and control of territorial lands; he shall take possession and have charge of all records, books, papers and property of every kind whatsoever now in the hands or control of the board of public lands, designated by act of the legislative assembly approved March 16, 1899, and shall collect any moneys due the territory on outstanding notes and other evidences of indebtedness for the purchase, leasing or using in any manner of territorial lands and otherwise enforce the same as though such contracts and evidences of indebtedness had been executed under this act or the statutes of New Mexico and all notes or other evidences of indebtedness had been executed under this act or the statutes of New Mexico and all notes or other evidences of indebtedness, leases and other contracts heretofore issued or made to or by the board of public lands are hereby ratified and confirmed and declared to be the property of the territory for the purpose of this act: he shall receive all moneys derived from the leasing, handling or sale of territorial lands and disburse the same as provided by this act; he shall receive and pass upon all applications for leasing, purchasing or using the territorial lands or any easements or other rights connected therewith or appertaining thereto, and execute proper leases, contracts, notes and other papers therefor; he shall furnish lists of vacant lands to all applicants, and keep a full and complete record of all his official acts; he shall prepare and submit to the governor each year a report bearing date the last day of December, containing a statement of the business of his office and the amount turned over by him to the treasurer for the benefit of each fund or institution, also such recommendations as he may desire to make for the better management, handling or control of territorial lands which report shall be published and distributed free of charge. Sec. 7. Office Expenses.-The commissioner of public lands is hereby allowed the sum of two thousand dollars annually for office expenses and the employment of such clerical assistance and agents as the business of his office may require and he shall prescribe the duties of all assistants in his office. The salaries and expenses to be paid upon vouchers and warrants drawn and paid as other territorial officials Sec. 8. Commissioner to Recommend Selections.-It is hereby made the duty of the commissioner of public lands to ascertain the amount of lands due the territory from any source and to recommend to the United States land commission the selection and location of all indemnity and other lands, whenever and wherever the best interests of the territory will be subserved; and the commissioner shall be allowed his actual and necessary expenses when he is required to go to different parts of the territory in the performance of his official duties. Sec. 9. To Ascertain All Salt Lands.-The commissioner of public lands shall cause an investigation to be made at once with a view to ascertaining all salt lands in the territory, gathering full data as to the extent of all such lands and the amount of salt produced therefrom and shall make contracts with other persons or corporation for the sale or handling of the salt output thereof, or shall lease said lands for a fair price to parties desiring the use of salt thereon; and may make any contracts for the best interest of the territory in handling such lands. Sec. 10. Not to Recommend Location of Reservoir Sites.The leasing, management, sale and control of all the lands granted to the territory by act of congress approved June 21, 1898, for the establishment of permanent water reservoirs for irrigation purposes and of land granted for the improvement of the Rio Grande and the increasing of the surface flow of the water in the bed of said river shall be under the control of the commissioner of public lands under the supervision of the board of control hereinafter created, as other territorial lands, but said commissioner shall not recommend selections of sites for reservoirs, or make contracts for grants of lands to persons constructing water reservoirs, or make contracts for the improvement of the Rio Grande, but may receive applications for such purposes and have the same investigated and reported upon by a competent engineer, which application and reports shall be by said commissioner filed with the board of control for its action thereon as hereinafter provided. Sec. II. To Keep Record of Business Transacted.-The commissioner of public lands shall keep by sections, townships and ranges separate tract books of all lands reserved for the use and benefit of the different institutions and purposes and the expiration of leases and number of cash payments receipts and registered numbers of all notes and payments thereof; he shall record and number consecutively all leases and pasturage permits, and shall record in series according to date of maturity and fund to which they belong all notes given for deferred pay ments under said leases; he shall keep a cash book in which he shall each day record all moneys received by him from whatever source, showing by whom paid and for what purpose; he shall keep by series a record of all notes cancelled on account of new notes taken in case of transfer of lease or pasturage permit, and he shall receive and accept or reject all applications for leases or pasturage permits and give notice of his action in the premises to all applicants. Sec. 12. To Keep Separate Accounts for Each Institution or Purpose. The commissioner of public lands shall keep separate accounts of all moneys received from lands reserved for common schools, a university, an agricultural college, a school of mines, normal schools, a military institute, reform school, an institution for the blind, and asylum for the deaf and dumb, permanent water reservoirs for irrigating purposes, improvement of the Rio Grande, an asylum for the insane, a miners' hospital for disabled miners, public buildings at the capital, territorial penitentiary, or for any other purpose; and said moneys derived from approved leases, pasturage permits and sales of territorial lands shall be paid to the territorial treasurer on the first day of each month to the credit of the several funds respectively entitled to receive the same. |