visions for paying public moneys to such institutions or objects: Provided. That the Territorial treasurer shall, quarterly, on or before the first Monday of March, June, September, and December make a complete exhibit of all moneys applicable to the use and support of the common schools of the Territory and shall deliver the same duly certified to the Territorial superintendent of public instruction; and within twenty days thereafter the Territorial superintendent shall make the apportionment of said moneys to the various counties according to the pro rata enumeration of school children in each county last returned from the county superintendent, and shall certify the apportionment of each county to the Territorial treasurer and Territorial auditor and to the treasurer and superintendent of each county, and the Territorial auditor shall draw his order on the Territorial treasurer in favor of the treasurer of each county for the amount proportioned to the county; and said moneys so apportioned shall be apportioned and distributed in said county according to the provisions governing the apportionment and distribution of other Territorial funds.

SEC. 30. That whenever any school section-that is, section sixteen and thirtysix-or any other portion of the public domain which may be selected or segregated for the purposes of this act is occupied by any person or persons, such person or persons having made improvements thereon, such person or persons shall have the preference right to lease such section, or a part thereof so occupied and improved, and when the same may be sold or offered for sale such person or persons shall have the preference right of purchase thereof: and provided further, whenever any school section or any part thereof, or any other portion of the public domain which may be selected and segregated for the purposes of this act and which may be occupied or used as a cemetery or burial ground by any person or persons or community, shall have the preference right to purchase the same at one dollar and twenty-five cents per acre, and said section or parts thereof so used shall not be leased under the provisions of the act, except for cemetery purposes to persons or community occupying the same for such purpose.

SEC. 31. The said board hereby created is hereby authorized and empowered, in order to immediately raise the necessary funds to secure the lands already donated to the Territory by the act of Congress herein mentioned. it being impossible for the Territory to immediately provide the same, owing to its financial condition, to contract for a sale and to sell and dispose of a sufficient quantity of any of the lands authorized by the said act of Congress before mentioned to be sold and disposed of for the best price obtainable and for a sum not less than three dollars per acre, sufficient to realize the amount of eighteen thousand dollars, out of which amount when so realized, the fees of the officers of the various land offices where any of the lands so donated by said act of Congress may be situate, shall be paid, and the remainder thereof, if any, may be used for carrying out the provisions of this act; the auditor of this Territory shall make a levy each year hereafter on all taxable property in this Territory sufficient to raise the amount of thirty-six hundred dollars each year for the purpose of reimbursing to the institutions or the beneficiaries in the act of Congress provided for the amount of money which shall be realized upon the lands of any such institution or beneficiaries, which may be sold as provided for in this section, and such levy shall continue from year to year until the total amount so realized from the sale of such lands shall be fully reimbursed without interest.

SEC. 32. The said board is also hereby empowered and directed to contract for sale and to sell for cash, under such rules and regulations and upon such notice as the board may prescribe, not to exceed twenty-five per cent of all the lands granted to the Territory of New Mexico, which are saleable under the act of Congress herein before referred to at the best price obtainable, which shall not be less than three dollars per acre. All moneys received on account of such sales, after deducting all such necessary costs and expenses as may be incurred in the management, protection, and sale of said lands, including the salary of the land commissioner and expenses of the board, shall be placed to the credit of separate funds, which are hereby created under their respective and appropriate designations, for the respective purposes named in said act of Congress, rateably in the proportion which the number of acres of land donated for each such purpose bears to the whole number of acres so donated: so that each of said funds shall receive, out of the proceeds of any land so sold, and in lieu of its share of the land so donated, a proportionate amount of the proceeds in cash.

SEC. 33. The said board of public lands shall adopt a seal, and all contracts and deeds necessary to carry into effect the sales provided for in this act shall be signed by the governor and attested by the commissioner of public lands, with the seal of said board affixed.

SEC. 34. For the purpose of facilitating the selection of lands donated to the Territory of New Mexico by the act of Congress herein before referred to for the

establishment of permanent water reservoirs for irrigating purposes, and for the improvement of the Rio Grande and increasing of the surface flow of water in the bed of said river, there is hereby created a commission of irrigation, to consist of five members to be appointed by the governor, with the advice of the council, to serve for two years and until their successors are appointed. Such commission shall elect from among their members a president and secretary. The members of said commission shall serve without pay or compensation. It shall be the duty of said commission to investigate and select the most suitable sites for permanent water reservoirs for irrigating purposes, and for improvement of the Rio Grande, and also to designate such tracts of public land capable of irrigation from such reservoirs as would in their judgment be advisable to locate for the Territory under said act of Congress, in order to secure the benefit of the enhanced value of the lands resulting from the establishment and construction of such reservoirs, for which purposes they may employ all necessary expert assistants, and to certify the result of such investigation, selection, and designation to the commission created and acting under said act of Congress for the selection of the lands donated thereby. Said commission shall also, at least thirty days before the meeting of the legislature, make a report to the governor, embracing all available information concerning the best method for improving the Rio Grande and increasing the surface flow of the water in the bed of said river; also concerning the subject of irrigation and water supply, the quantity of land in the Territory cultivated by means of irrigation, the extent of present and proposed system of storage reservoirs, the conditions existing in different parts of the Territory with reference to irrigation and water rights, and such other facts as they may deem proper, together with recommendations as to needed legislation on any of such subjects. The necessary expenses incurred by the commission, to be certified by the secretary thereof and approved by the governor, shall be paid out of the proceeds of the lands sold under this act which are credited to the fund for the establishment of permanent water reservoirs for irrigating purposes and the improvement of the Rio Grande: Provided, That the expenses provided for in this section shall not exceed fifteen hundred dollars for each year.

ADDITIONAL LEGISLATION.

An act to amend an act entitled "An act establishing a board of public lands, assigning their duties, and for leasing and managing public lands and funds," approved March 16, 1899. H. B. No. 218, approved March 20, 1901.

Be it enacted by the legislative assembly of the Territory of New Mexico:

SECTION 1. That section two (2) of an act of the thirty-third legislative assembly of the Territory of New Mexico, entitled "An act establishing a board of public lands, assigning their duties, and for leasing and managing public lands and funds." approved March 16, 1899, be and the same is hereby amended by striking out the words "two thousand" where the same occur, and inserting in lieu thereof the words "twenty-five hundred;" and by striking out the word "quarterly" and inserting in lieu thereof the word "monthly."

SEC. 2. That section five (5) of said act is amended by inserting after the word "required," the words "and for contingent expenses. Section 6 of said act is hereby amended by adding thereto at the end of paragraph 'B' of said section, after the word Leases,' the following: Or leases executed on false or erroneous information."

And the following proviso being a part of section two (2) of said act, and reading as follows: “Provided, In case no sale of such public lands are made under the provisions of this act, then and in that case the different members of this board shall receive no salary," is hereby repealed.

SEC. 3. That section twelve (12) of said act is amended by striking out the words "that all lands to be leased shall first be appraised by the board as hereinafter provided;" and strike out the words semi-annually" and also by adding to the said section the following: "The board is hereby authorized to sell the down, mature, and large growth timber on any of the sixteenth and thirty-sixth sections of said land granted as school lands, at a price not less than two dollars per acre, and not less, in any event, than the market value thereof in the locality of the same; but shall not sell any of such timber, or authorize the cutting or use thereof, except upon application, duly sworn to, describing, by government subdivisions. or by metes and bounds in case the land is unsurveyed, the tract upon which the applicant desires to cut timber, and the number of acres from which he desires

to cut the same, with an estimate, as nearly as may be, of the amount of timber thereon, and the character and quality thereof, which estimate of timber on said land shall be verified by affidavits of two disinterested persons familiar therewith. Before any permit to cut or remove any of said timber from said land shall be given the board shall require the applicant to give bond to the Territory of New Mexico, to the satisfaction of the board, in such sum as the board may determine, to the effect that in case said permit is granted the person so applying therefor will not cut or remove any timber hereby prohibited to be cut or removed from the land described in his application, or any timber growing on any other lands than that described therein. And no timber less than eight inches in diameter shall be cut and sold from said lands except such as is suitable only for fuel and fences. Any person removing or cutting any timber from or on any such school lands belonging to the Territory of New Mexico, without first having received authority as herein provided, or from or on any other lands belonging to said Territory under any circumstances, shall be punished by imprisonment not less than six months nor to exceed one year, or by a fine not less than five hundred dollars nor to exceed one thousand dollars, and in addition thereto an amount double the value of the said timber so cut and removed, and said fine, when collected, shall be paid by the officer collecting the same to the commissioner of public lands, and by him be credited to the institution or purpose for which the land from which such timber so cut and removed was selected."

SEC. 4. That section thirteen (13) of said act is amended by striking out from the second line thereof the word "leased."

SEC. 5. That the fifth paragraph of section eighteen (18) of said act is amended by striking out the word "running."

SEC. 6. That the second paragraph of section twenty-one (21) of said act is amended by striking out the word "appraised" and inserting in lieu thereof the word minimum."

SEC. 7. That section twenty-two (22) of said act is amended by striking out the words "at not less than two-thirds of the appraised rental and,” and insert in lieu thereof the words but the rental accepted shall be.”

SEC. 8. That section twenty-three (23) of said act is amended by adding thereto the following: "The board may, however, agree with any person or persons with reference to the amount of damages caused any such lands by grazing thereon, and upon payment thereof such person or persons shall thereby be released from any further claim for damages; and the board shall also have the right to grant the right of pasturage upon such amount of unleased lands as it may in each instance determine, for a period not to exceed five years, at not less than two cents per annum per acre. Any and all fences or other movable fixtures erected for the purpose of enjoying such pasturage right shall remain the property of the person erecting the same, and may be removed therefrom before or within three months after the expiration of such right, but if not removed within such last named period shall remain and be a part of the land upon which the same may be situated." SEC. 9. That section twenty-seven (27) of said act is amended by inserting in line one thereof, before the word "leasing," the word "sale."

SEC. 10. That section twenty-eight (28) of said act is amended to read as follows: "Sec. 28. All funds belonging to the Territory for any of the purposes for which the donations were made by the said act of Congress, or any similar act of Congress which may hereafter be enacted for the benefit of the various institutions of the Territory or of the State of New Mexico, are hereby pledged for the purposes for which they were created, and shall not be transferred to any other fund or for any other purpose, but they shall be expended or invested for the respective purposes for which the same were created, in the manner now or hereafter provided by law."

SEC. 11. That the first twelve (12) lines of section twenty-nine (29) of said act, as far as the word provided," are amended to read as follows: "That the funds derived from the sale or leasing of said lands, receipts from pasturage or from the investment or loaning of the funds belonging to any of the institutions or objects mentioned in this act, less the expenses incurred in connection therewith as provided by section twenty-seven (27), shall be paid over to the Territorial treasurer to the credit of the particular institution or object for which such lands were selected, and shall be paid out to or for such institution or object, or invested according to law."

SEC. 12. That section thirty (30) of said act is amended to read as follows: "Sec. 30. That whenever any school section, that is, section sixteen and thirty-six, or any other portion of the public domain which may be selected or segregated for the purposes of this act, is occupied by any person or persons, such person or persons having made improvements thereon, such person or persons shall have the

preference right to lease such section or a part thereof so occupied and improved, and when the same may be sold or offered for sale, such person or persons shall have the preference right of purchase thereof: Provided, A claim for such rights shall be filed with the commissioner of public lands within ninety days from the date of the approval by the Secretary of the Interior of the selection of said land or before the first day of June, 1901, in case of school sections: And provided further, Whenever any school section or any part thereof or any other portion of the public domain which may be selected and segregated for the purposes of this act, and which may be occupied or used as a cemetery or burial ground by any person or persons or community, such persons or community shall have the preference right to purchase the same at one dollar and twenty-five cents per acre, and said section or parts thereof so used shall not be leased under the provisions of the act, except for cemetery purposes to the persons or community occupying the same for such purpose."

SEC. 13. That section thirty-two (32) of said act is amended to read as follows: Sec. 32. Said board is hereby empowered and directed to contract for sale, sell for cash, and to sell for part cash and for part deferred payments, and to enter into agreements to sell, under such rules and regulations and upon such notice as the board may prescribe, not to exceed fifty per cent. of all the lands granted to the Territory of New Mexico which are salable under the act of Congress herein before referred to or that may hereafter be granted to the Territory of New Mexico, at the best price obtainable, which shall in no instance be less than three dollars per acre for timber or agricultural land, nor less than two dollars per acre for grazing land upon which there is permanent water, nor less than one dollar and twenty-five cents per acre for dry grazing land upon which there is no permanent water: Provided, That no deed shall in any case issue until the entire purchase price has been paid. And the said board is empowered and directed. before any further sales are made, to classify all lands selected under said act of Congress as timber lands, agricultural lands, or dry grazing lands, such classification to be based upon information obtained from the surveyor-general's office or from the locating agent selecting such lands under said act of Congress. All moneys received on account of sales of such lands, after deducting all necessary costs, salaries, and expenses that may have been incurred in the management, protection, and sale of said lands, shall be deposited with the Territorial treasurer and by him placed as separate funds for the benefit and to the credit of the respective institutions and purposes for which said lands were granted. Except where some other provision has been made for the disposal of funds arising from the sale of said lands, such funds are hereby made available for the use of such of said institutions as has been created and located, for the establishment of permanent equipment or improvement thereof or for investment, and may be drawn in the manner now provided by law for drawing other funds, upon reso utions of the board of regents or other governing body of the institution requiring the same, stating that the money is required for one or more of the above-mentioned purposes, to be specified in the resolution, and no part of the principal of such funds shall be used for current expenses, salaries, or any other form of maintenance, but the income derived from the investment of such funds may be so used. When two such institutions are included in the same designation in said act of Congress, the fund appertaining to the institutions so designated shall be equally divided between them, and the lands so granted shall be held for their benefit in like proportion.“

SEC. 14. That section thirty-three (33) of said act is amended to read as follows: "Sec. 33. The said board of public lands shall adopt a seal, and all contracts. leases, and deeds necessary to carry into effect the provisions of this act shall be signed by the governor and attested by the commissioner of public lands, with the seal of said board affixed, and all such contracts, leases, and deeds 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. 15. That section thirty-four (34) of said act is amended to read as follows: SEC. 34. There is hereby created a commission of irrigation, to consist of five members, to be appointed by the governor, with the advice and consent of the legislative council, to serve for two years and until their successors are appointed. Said commission shall elect from among their members a president and secretary. It shall be the duty of said commission to investigate and select the most suitable sites for permanent reservoirs for irrigating purposes and for the improvement of the Rio Grande, and also to designate such tracts of public land capable of irrigation from such reservoirs as it would, in their judgment, be advisable to locate and select for the Territory under said act of Congress, in order to secure the