cinct except that when there are less than seven precincts within such grant, each precinct thereof shall be represented in said Board by at least one member; no person shall be qualified to be a member of said Board unless he be a qualified voter at a general election of the State, and for at least four years prior to his election shall have resided within the exterior boundaries of said grant and shall not be delinquent in the payment of any tax or assessment imposed upon him by the Board of Trustees of said grant." Sale of Common Lands Within Grants. Sec. 2. That Section eleven (11) of said Act be and the same is hereby amended to read as follows: "Section 11. No sale mortgage or other alienation of the common lands within said grant shall take effect unless authorized by a resolution duly adopted by the said Board of Trustees and ratified and until after approval of such resolution by the District Judge of the district within which said grant or a portion thereof is situate. Repeal Clause. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. CHAPTER 59. AN ACT RELATIVE TO MAKING ELECTION RETURNS TO THE SECRETARY OF STATE AND PRESCRIBING THE DUTIES OF ELECTION OFFICERS IN THAT REGARD. H. B. No. 267; Approved March 15, 1913. Be It Enacted by the Legislature of the State of New Mexico: The Term "Officer" Defined. Section 1. For the purposes of this Act the term officer shall apply and be understood to mean any person running for any elective office in the State, which is general in character. Election Returns Made Direct to Secretary of State; Exceptions. Sec. 2. All election returns of all elections held in this State excepting those held for the election of Justices of the Peace, and Constables, Acequia Commissioners, School Directors and Municipal or Town Officers shall be made direct to the Secretary of State, in the manner herein prescribed by this Act. Duty of Election Officers in Making Returns. Sec. 3. It shall be the duty of the election officers appointed in every precinct in this State at every election held in the State for the purpose of voting on any proposition general in character, or for the election of any officer or officers other than those excepted in Section 2 of this Act, to forward, within twelve hours after the polls close, by registered mail or express, or in case this can not be done, then by special messenger to the Secretary of State, one poll book, showing the result of the election in their precinct. The said poll book, before it is sent to the Secretary of State, shall be properly filled out and signed by all the precinct election officers, as now provided by law, and the other poll book, filled out and signed in the same manner as the one sent to the Secretary of State, shall be placed in the ballot box by the election judges with the ballots cast at the election, and this done, the said ballot box shall be locked and thus sent by the election judges by express or special messenger to the County Clerk of the County, who shall receive and keep the same in his custody as now provided by law. Duty of State Canvassing Board. Sec. 4. It shall be the duty of the State Canvassing Board, ten days after the day of any election, to meet as a Canvassing Board at the Capital of the State, to ascertain the result of any election, general in character, as stated in the preceding sections, and they shall meet from day to day, as above stated, and continue the work until the canvass shall have been finished by them. Failure to Comply; Penalty-Special Messenger for Returns. Sec. 5. Any election officer or officers failing to comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, and in case of failure on the part of any election officer or officers to send to the Secretary of State the election returns of his or their precinct, as in this Act provided, the said Secretary of State shall send a special messenger for the missing returns and such expense as may be necessarily incurred in doing this shall be recovered by the State from the person or persons whose duty it was to have sent in the missing election returns. CHAPTER 60. AN ACT DESIGNATING THE APPOINTIVE OFFICES WHICH MAY BE HELD BY WOMEN. H. B. No. 150; Approved March 15, 1913. Be It Enacted by the Legislature of the State of New Mexico: Section 1. From and after the passage and approval of this Act women may hold any appointive office in the State of New Mexico. Emergency; Act Effective Upon Passage and Approval. Sec. 2. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico, that the provisions of this Act shall become effective at the earliest possible time, and therefore an amergency is hereby declared to exist, and this Act shall take effect and be in full force and effect from and after its passage. CHAPTER 61. AN ACT TO PROVIDE FOR THE PURCHASE OF LAND FOR A FARM FOR THE PENITENTIARY AND FOR THE USE OF SURPLUS IN THE PENITENTIARY CURRENT EXPENSE FUND FOR THAT PURPOSE. H. B. No. 305; Approved March 15, 1913. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That an appropriation in the sum of $5000.00 annually for each of the next four years be and the same hereby is made to be expended by the Board of Penitentiary Commissioners in the purchase of land for a farm for the penitentiary and for the construction of necessary irrigation works in connection with such farm and that in addition to such appropriation the said board is authorized to use the surplus of $1155.79 now in the Penitentiary Current Expense Fund in the purchase of such farm or construction of such irrigation works. Emergency; Act Effective Upon Passage and Approval. Sec. 2. This Act is necessary for the preservation of the public peace, health and safety, and shall therefore take effect immediately upon its passage and approval, provided it be passed by two thirds. vote of each House, but if passed by less than two thirds vote of each House, it shall take effect ninety days after the adjournment of the Legislature. CHAPTER 62. NEW AN ACT TO AMEND SECTION 9 OF CHAPTER 49 OF THE LAWS OF NEW MEXICO OF 1907 ENTITLED "AN ACT TO CONSERVE AND REGULATE THE USE AND DISTRIBUTION OF THE WATERS OF MEXICO: ΤΟ CREATE THE OFFICE OF TERRITORIAL GINEER TO CREATE A BOARD OF WATER COMMISSIONERS, AND FOR OTHER PURPOSES. APPROVED MARCH 19, 1907." REGULATING THE FEES OF THE OFFICE OF THE STATE ENGINEER: AND TO AMEND SECTION 24 OF SAID CHAPTER 49, RELATING TO APPLICATIONS. H. B. No. 198; Approved March 15, 1913. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That Section 9 of Chapter 49 of the Laws of New Mexico of 1907 entitled "An Act to conserve and regulate the use and distribution of the waters of New Mexico; to create the office of Territorial Engineer; to create a Board of Water Commissioners, and for other purposes. Approved March 19, 1907," be, and the same is hereby amended to read as follows: "Section 9. The State Engineer shall receive the following fees, to be paid by him into the Hydrographic Survey Fund of the State Treasury herein provided for upon the last day of March, June, September and December of each year. [Fees for Application for Permit to Appropriate Water.] (a) For filing and examining an application for permit to appropriate water where the project is chiefly for diversion and direct use of the water, ten dollars if the amount claimed does not exceed five cubic feet per second and one dollar for each cubic foot of water per second in excess of five. For filing and examining an application for permit to appropriate water where the project is chiefly for storage of flood waters, ten dollars for each one thousand acre feet or fraction thereof of storage capacity, such fees to include the filing and examination of maps, field notes, proofs of publication and all other papers relating to the application up to the recording of the permit to appropriate water. [Fees for Application for Water for Power Only.] (b) For filing and examining an application for permit to appropriate water for power purposes only, when the water is returned to the river bed undiminished in quantity and made available for irrigation purposes, ten dollars if the quantity does not exceed five cubic feet of water per second of time, and an additional charge of twenty-five cents for each cubic foot of water per second of time in excess of five. [Fee for Recording, Permit, Certificate of Construction, License to Appropriate and Miscellaneous Papers.] (c) For recording and issuing any permit, certificate of construction, or license to appropriate, five dollars. For issuing any miscellaneous water right instrument or copy of any document recorded in his office, one dollar for the first one hundred words or fraction thereof, and fifteen cents for each additional one hundred words or fraction thereof. [Fee for Miscellaneous Filings.] (d) For filing any other paper necessarily forming a part of the permanent record of the water right application, permit or license, one dollar. [Fee for Examination of Plans and Specifications.] (e) For examining in connection with any water rights application the plans and specifications for a dam, one dollar for each one thousand dollars or fraction thereof of the estimated cost of such dam. For a canal or other water conduit ten dollars where the capacity does not exceed fifty cubic feet of water per second and ten dollars for each additional fifty cubic feet or fraction thereof per second of time. [Fees for Blue Prints and Permit to Extend Time.] (f) For a blueprint copy of any map accompanying an application for a permit to appropriate water, two dollars for each. sheet thereof. (g) For the issuing of a permit for an extension of time, ten dollars. [Fees for Inspecting Dam Sites, Rating Ditches and Other Work.] (h) For inspecting dam sites, or construction work as re |