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CHAPTER 67.

AN ACT ESTABLISHING BOARDS OF EDUCATION IN INCORPORATED

TOWNS AND VILLAGES, AND PROVIDING FOR THE ELECTION OF

MEMBERS OF SUCH BOARDS. S. Sub, S. B. No. 65; Approved
March 15, 1913.

Be It Enacted by the Legislature of the State of New Mexico:
Board of Education Created for Incorporated Town or Village.

Section 1. Hereafter there shall be elected, in each incorporated town or village, a board of education which shall consist of five members, who shall have the qualifications provided by law for members of boards of education in incorporated cities, and who shall be elected at large from any portion of the territory subject to the jurisdiction of such board of education, as hereinafter otherwise provided.

Election of Board of Education.

Sec. 2. The qualified electors of such town or village, and those residing within any portion of the territory subject to the jurisdiction of said board of education shall, on the first Tuesday of April in the year 1913, elect five members of the board of education, two of whom shall hold office for a term of two years and three of whom shall hold office for a term of four years, and thereafter a regular election for members succeeding those whose terms expire, shall be held on the first Tuesday of April of each odd numbered year. Provided: That in towns incorporated under special acts, said election shall be held on the second Tuesday of April of each odd numbered year. Provided further, that the terms of all members of boards of education or school directors in such towns and villages, now in office, shall terminate on the first Monday of May, nineteen hundred and thirteen.

Manner of Holding Election and Canvassing Returns-Registration.

Sec. 3. The election herein provided for shall be held, the returns thereof made and canvassed, and the certificates of election issued. in accordance with the laws applicable to elections of officers of the respective incorporated towns and villages wherein said Boards. of Education are hereby established, except that no registration shall be required.

Scope of Authority of Board.

Sec. 4. That the board of education hereby established shall have

sole control over schools and school property within the said incorporated town or village, the territory thereto attached for school purposes, and the school district of which said town or village, before incorporation, was a part, all of which shall constitute the territory subject to the jurisdiction of such board of education for school purposes only, to the same extent as the territory located within the limits of such incorporated town or village.

Powers of Board.

Sec. 5. That such board of education shall have all the powers and privileges and be subject to all the duties and requirements provided by law for boards of education in incorporated cities. and towns.

Emergency; Act Effective Upon Passage and Approval.

Sec. 6. 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 emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage.

CHAPTER 68.

AN ACT REQUIRING MEMBERS AND CERTAIN OFFICERS OF THE

STATE CORPORATION COMMISSION AND THE SECRETARY OF STATE
TO GIVE BOND, AND PROVIDING FOR PAYMENT OF PREMIUMS ON
SUCH BONDS WHEN SURETY COMPANY IS SURETY. Amend. S.

B. No. 22; Approved March 15, 1913.

Be It Enacted by the Legislature of the State of New Mexico:
Bond of Corporation Commission.

Section 1. That each of the members of the State Corporation Commission shall execute in favor of the state a bond in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, the surety or sureties upon which shall be such as now authorized by law, and which shall be approved by the State Auditor and thereafter filed with the Secretary of State.

Bond of Clerks of Corporation Commission.

Sec. 2. That the chief clerk, assistant chief clerk, chief of the

rate department and the chief or head of each and every department created or conducted by said Commission, shall each be required to execute in favor of the state a bond in the sum of two thousand five hundred dollars, of like character, with like surety or sureties and for like purposes, to be approved by and filed with the respective state officers, as prescribed by section one of this Act.

Payment of Premium on Surety Company Bond.

Sec. 3. That if any such bond be tendered, with a surety company as surety, the premium upon such bond shall be paid out of funds appropriated for the contingent expenses of the State Corporation Commission.

Bond of Secretary of State-Payment of Premium.

Sec. 4. That the Secretary of State shall be required to execute in favor of the state a bond in the sum of five thousand dollars, of like character, with like surety or sureties and for like purposes as hereinbefore prescribed. Such bond shall be approved by the State Auditor and filed with the State Treasurer.

If the surety upon such bond is a surety company, the premium upon such bond shall be paid out of any funds in the treasury not otherwise appropriated, except interest on public debt.

Emergency; Act Effective Upon Passage and Approval.

Sec. 5. 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 emergency is hereby declared to exist, and this Act shall take effect and be in full force and effect from and after its passage.

CHAPTER 69.

AN ACT PROVIDING FOR THE DISESTABLISHMENT OF THE STATE EXPERIMENT FARM IN QUAY COUNTY AND THE DISPOSAL OF

ITS PROPERTY. S. B. No. 116; Approved March 15, 1913.

Be It Enacted by the Legislature of the State of New Mexico:
Trustees of Experiment Station Authorized to Sell Property.

Section 1. That the Board of Trustees of the State Experiment Farm in the County of Quay are hereby empowered and directed

to sell all stock, tools, implements and improvements appertaining to the school section used as such experiment farm.

Payment of Debts by Trustees.

That out of the proceeds of such sale of stock, tools, implements and improvements, and the balance remaining on hand of all appropriations heretofore made to the said State Experiment Farm, the said board of trustees are hereby empowered and directed to pay off all deferred and unpaid payments on the purchase price of that certain tract of land situated in the county of Quay, and now held and used as an experiment farm by the United States under lease from the regents of the Agricultural College of New Mexico.

Trustees to File Statement of Settlement With State Auditor.

Sec. 3. That thereafter the said board of trustees shall file with the State Auditor an itemized statement of the receipts and disbursements herein authorized and provided, accompanied by receipted vouchers as now required by law, and shall pay to the State Treasurer all balance then remaining on hand from the proceeds of the said sale and the said appropriations, to the uses of the general fund of the state; and that thereafter the said board of trustes shall be discharged of any further trust, and the said State Experiment Farm shall be disestablished, and the said school section shall be listed as an unleased school section of the state.

Emergency; Act Effective Upon Passage and Approval.

Sec. 4. 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 emergency is hereby declared to exist, and this act shall become effective and be in full force and effect from and after its passage.

CHAPTER 70.

AN ACT TO AMEND SECTION OF CHAPTER 119 OF THE LAWS OF 1903, ENTITLED "AN ACT TO HARMONIZE AND STRENGTHEN THE EXISTING SCHOOL LAWS AND FOR OTHER PURPOSES." Amend. S. B. No. 173; Approved March 15, 1913.

Be It Enacted by the Legislature of the State of New Mexico:
Public School Building Contracts; 1903 Law Amended.

Section 1.

Section of Chapter 119 of the Laws of 1903 entitled "An Act to Harmonize and Strengthen the Existing School Laws, and for Other Purposes," is hereby amended so as to read as follows:

Contracts for School Buildings, Bond; School Officers Not to Profit by Contracts, Violation Voids Contract, Penalty; Duty of School Officers; Furniture and Fixtures.

"Sec. 7. Boards of education or school directors when letting a contract for public school buildings shall require of the contractor a good and sufficient bond for the faithful execution of said contract. And the clerks of said boards outside of incorporated cities, towns and villages are required to make the county superintendent, from time to time as the superintendent may require, an itemized statement under oath of the cost of labor and material used and work done where practicable and apparatus required and used for constructing and furnishing said building, and school directors are further required to consult with and solicit the co-operation of county superintendents whenever it becomes necessary to purchase furniture, fixtures, etc., for the district schools, and the members of Boards of Education and School Directors and clerk thereof are hereby prohibited from acting as the agent for any person or firm engaged in the selling of school funiture, apparatus, etc., or to receive any commission attending the purchase of such furniture, apparatus, etc., for use in their respective districts; and all persons identified in an official capacity with the public schools or with the higher educational institutions supported in whole or in part by the public funds of this State are hereby prohibited from being a party directly or indirectly to any contract, or interested in any contract, in connection with the operation or maintenance of such public schools or higher educational institutions; and any contract in which they are so interested shall be void, and the

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