UC-NRLF 
 
 B 2 fl70 M77 
 

 
 
 
 LIBRARY 
 
 OF THE 
 
 University of California. 
 
 Received , igo . 
 
 Accession No. ^ 82743 . CIcl&s No. 
 
 i 
 
 
 
 
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 TERRITORY OF NEW MEXICO. ' 
 
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 i ■ ■ 1 
 
 1 
 
 ■ ' J 
 
 C O 7V^ P 11- K T I O IN 
 
 OF THE 
 
 1 School Laws of New Mexico I 
 
 CONTAINING 
 
 i 
 
 1 -- ; 
 
 ! 1 
 
 ! Laws and Parts of Laws Relating to | 
 
 1 • Public Schools. 
 
 j 
 
 i 1 
 
 SANTA PE, N. M.: 
 
 NfW MF.XrCAN PRINTTNrt COMPANY 
 
 1895. 
 
 1 ■ ^ - ■ i 
 
TERRITORY OF NEW MEXICO. <T 
 
 COTV^PIL-MTION 
 
 OF THE 
 
 School Laws of New Mexico 
 
 CONTAINING 
 
 Laws and Parts of Laws Relating to 
 Public Schools. 
 
 ^^-ctexjIsieieid s"2- xhe a:E:ieiai'roi5,"2r 
 
 SANTA PE, N. M.: 
 
 Nrw Mexican Printing Compant. 
 
 18M5. 
 
 ] 
 

RAR 
 
 CONTENTS BY TITLES 
 
 SESSION LAWS. 
 
 13S1. 
 
 Chap. Page 
 
 25. An Act establishing common schools in the Territory of New Mexico, 
 
 and creating the office of Superintendent of Public Instruction 5 
 
 64. An Act in relation to School Books 17 
 
 77. An Act to amend an act entitled "'An Act to establish common 
 schools in the Territory of New Mexico and creating the office of 
 Superintendent of Public Instruction," approved Feb. Uth, 1891. . . 18 
 
 1.SS3. 
 
 2. An Act to amend chapters XXV and LXXVII of the Acts of the 
 29th Legislative Assembly and to prescribe the qualification of 
 
 voters 25 
 
 6. An Act relating to exemption from taxation 26 
 
 10. An Act to amend section 1, chapter XII, of the Laws of ]889, pro- 
 viding for the qualification of justices of the peace, constables and 
 other officers 26 
 
 15. An Act legalizing transfers of school district property by school 
 
 boards in the Territory of New Mexico 27 
 
 19. An Act to establish and provide maintenance and government of the 
 
 normal schools of New Mexico 27 
 
 30. An Act to amend section 1, of an act entitled "An Act repealing cer- 
 
 tain sections of the gaming law and providing a substitute therefor 30 
 
 31. An Act authorizing the faculty of St, Michael's College, at Santa Fe, 
 
 to issue teacher's diplomas to graduates of said college 31 
 
 38. An Act entitled An Act to adjust and settle certain outstanding 
 
 school indebtedness in the different counties of the Territory of 
 New Mexico 31 
 
 39. An Act to provide for the election of a Board of Education in incor- 
 
 porated towns not laid off in wards 33 
 
 50. An Act to empower and enable the Territorial Board of Education to 
 
 organize and hold teachers' normal institutes 34 
 
 59. An Act to amend section 35 of chapter XXV of the Session Acts of 
 
 L891, relating to school funds 35 
 
 82743 
 
U. S. STATUTES. 
 
 Forty-Ninth Congress; First Session. 
 
 CHAPTER CCCLXII. 
 
 Page 
 AN ACT TO Provide for the Study op the Nature of Alcoholic Drinks 
 AND Narcotics, and op their Effects upon the Human System, in Con- 
 nection WITH the Several Divisions of the Subject of Physiology 
 and Hygiene, by the Pupils in the Public Schools of the Terri- 
 tories AND OF THE DISTRICT OF COLUMBIA, AND IN THE MILITARY AND 
 
 Naval Academies, and Indian and Colored Schools in the Terri- 
 tories OF THE United States 36 
 
SESSION LAWS OF 1891. 
 
 CHAPTER XXV. 
 
 AN ACT Establishing Common Schools in the Territory of 
 New Mexico, and Creating the Office op Superintendent 
 OF Public Instruction. 
 
 Be it Enacted by the Legislative Assembly of tJie Territory of New 
 Mexico : 
 
 TERRITORIAL BOARD OF P^DUCATION. 
 
 Section 1. That the Governor, Superintendent of Public Instruc- 
 tion, and the president of St. Michael's College of Santa Pe, the 
 president of the University at Albuquerque, and the president of the 
 Agricultural College at Las Cruces, shall be and constitute the Ter- 
 ritorial Board of Education and shall meet semi-annually at the 
 office of said superintendent on the first Monday of June and De- 
 cember of each year: Provided, That the Governor may assemble 
 the members of said board at any time at his discretion. 
 
 Sec. 2. That the Governor shall be president of said board and 
 shall sign the journal of each day's proceedings. 
 
 superintendent op public instruction. 
 
 Sec. 3. The office of Superintendent of Public Instruction is 
 hereby created, and the Governor shall appoint, by and with the 
 advice and consent of the council, a duly qualified person to fill said 
 office, who shall hold his office for two years and until his successor 
 is appointed and qualified. The Superintendent of Public Instruc- 
 tion shall receive for his salary the sum of two thousand dollars per 
 annum, payable quarterly, on the warrant of the Auditor on the 
 Territorial Treasurer, and also traveling expenses, not to exceed five 
 hundred dollars per annum; the said Superintendent of Public In- 
 struction shall be secretary of said board and shall keep a faithful 
 and correct record of its proceedings and shall keep the said record 
 open at all times for inspection; a copy of said record, certified by the 
 secretary of the board, shall be in all cases received as evidence equal 
 with the original. 
 
 Sec. 4. That the Board of Elducation shall at the semi-annual 
 meetings, apportion the Territorial school fund to the various coun- 
 ties in proportion to the number of school children residing therein, 
 over five and under twenty-one years of age, and shall certify such 
 
 Meetings. 
 
 Pro vino. 
 
 Prehiideut. 
 
 Appoint llUMlt 
 
 Salary. 
 
 Traveling ex- 
 penses. 
 
 Secretary board 
 of education. 
 
 Amended 1)\' 
 section l.chai)- 
 ter LXXVII, 
 Law!*lS91. 
 
School Lairs of New Mexico. 
 
 apportionment to the Territorial Treasurer; they shall also certify to 
 the treasurer and school superintendents of each county the amount 
 apportioned to their county, and the Territorial Auditor shall draw 
 his order on the Territorial Treasurer, in favor of the county treasurer 
 of each county, for the amount apportioned to each county. 
 
 Sec. 5. That the Superintendent of Public Instruction shall be- 
 
 Oath. 
 
 Visits. 
 
 Teachers" insti- 
 tute. 
 
 Archive. 
 
 KecommeiKhi- 
 tion of text 
 books. 
 
 Text books not 
 be changed for 
 four years. 
 
 Blanks and 
 forms. 
 
 Publication of 
 school laws. 
 
 Annual report. 
 
 Office. 
 
 fore entering upon the duties of his offTce take and subscribe an 
 oath, or affirmation, to support the Constitution of the United States 
 and the laws of the Territory of New Mexico and faithfully to dis- 
 charge the duties of the office; which oath or affirmation shall be 
 tiled in the office of the Secretary of the Territory. 
 
 Sec. 6. That it shall be his duty to visit each county at least once 
 a year and as much oftener as consistent with the discharge of his 
 other duties, for the purpose of holding a teachers' institute and of 
 awakening an interest in the cause of education throughout the Ter- 
 ritory; such institute shall be held for at least two days in each 
 county each year. He shall tile and carefully preserve in his office 
 the official reports made to him by the county superintendents of 
 the several counties, trustees or directors of academies or colleges. 
 
 Sec. 7. That it shall be his duty to recommend the most approved 
 text books in English, or in English and Spanish, for the common 
 schools of the Territorj^, after the same have been adopted by'the 
 Territorial Board of Education; and such text books, when adojjted, 
 shall not be changed for a period of four years. 
 
 Sec. 8. That he shall prescribe and cause to be prepared in 
 English and Spanish all forms and blanks necessary in the details 
 of the common school system, so us to secure its uniform operation 
 throughout the Territory and to cause the same to be forwarded to 
 the several county superintendents, to be by them distributed to the 
 several persons entitled to receive the same. He shall cause to be 
 published as needed as many copies of the school laws in force with 
 such forms, regulations and instructions as he may judge expedient, 
 thereto annexed and shall cause the same to be forwarded to the 
 county superintendents for distribution. 
 
 Sec. 9. That he shall prepare in each year a report for publication, 
 bearing date of the last day of December, containing a statement of 
 the number of common schools in the Territory, the number, age 
 and sex of pupils attending the same, and the branches taught, and 
 value of school property; also of the number of private and select 
 schools in the Territory, so far as the same can be ascertained, and 
 the number, age and sex of pupils attending the same, and branches 
 taught, the number of academies and colleges in the Territory, and 
 the number, age and sex of students attending them, and such other 
 matters of interest as he may deem expedient, drawn from the re- 
 ports of the county superintendents, trustees and school boards of 
 the several counties in the Territory. 
 
 Sec. 10. That he shall have an office at the seat of government. 
 
School Laws of New Mexico. 
 
 where shall be kept all books and papers appertaining to the busi- 
 ness of his office, and copies of all papers ftled in his office. His offi- 
 cial acts may be certified by him and when so certified shall be en- 
 titled as evidence equally and in like manner as the original papers, 
 and he shall deliver to his successor, within ten days after the expi- 
 ration of his term, all books, papers, documents and other property 
 belonging to his office. 
 
 Delivery ot of- 
 
 fice to suc- 
 cessor. 
 
 COUNTY SCHOOL SUPERINTENDE^NTS. 
 
 Sec. 11. That a superintendent of schools for each county shall 
 be elected at each general election and hold his office for two years, 
 or until his successor is elected and qualified. 
 
 He shall receive from the county treasurer the sum of five dollars 
 for every day actually and necessarily employed in his duties, not to 
 exceed five days in each district each year; to be audited and al- 
 lowed by the board of county commissioners upon statement of 
 account verified by affidavit. 
 
 Sec. 12. That the county superintendent shall have charge of the 
 common school interests of the county. He shall, before entering 
 upon the discharge of the duties of his office, take and subscribe an 
 oath or affirmation to support the constitution of the United States, 
 and the laws of the Territory of New Mexico, and faithfully to dis- 
 charge the duties of his office, which oath or affirmation shall be 
 filed in the office of the coui^ty clerk. He shall also give bond in 
 the sum of two thousand dollars, to be approved by and filed with 
 the board of county commissioners of his county. 
 
 Sec. 13. That he shall also on the first Mondays in July and Janu- 
 ary of each year, or as soon thereafter as he has received the certifi- 
 cate of the Territorial Board of Education, 
 
 Signifying the amount appropriated to his county, for the use of 
 common schools for the current year, apportion such amount, to- 
 gether with all the county school fund, for the same purpose, to the 
 several districts within the county, in proportion to the number of 
 children residing in each over five and under twenty-one years of 
 age, as the same shall appear from the last annual reports of the 
 clerks of the respective districts, and he shall immediately certify 
 such apportionment to the directors of the respective districts, and 
 to the county treasurer, who shall credit the several school districts 
 on his books with the respective sums apportioned to them. 
 
 Provided, That no district shall be entitled to receive any portion 
 of the common school fund in which a common school has not been 
 taught at least three months during the twelve months preceding. 
 It shall also be his duty to visit each of the schools within his 
 jurisdiction at least once a year, and he shall also see that the annual 
 rexjort of the clerks of the several school districts of his county are 
 made correctly and in due time. In conjunction with two competent 
 persons appointed by the judge of the district court wherein the 
 
 Term of office 
 
 Amended by 
 section ;3,ciiap- 
 ter LXXVII, 
 Laws 1891. 
 
 Duties. 
 
 Oath. 
 
 Bond. 
 
 Amended by 
 section i, chap- 
 ter LXXVII, 
 Laws 1891. 
 
 Apportion- 
 ment. 
 
 Proviso. 
 No funds if 
 school has not 
 been taught 3 
 months. 
 Visits. 
 
 Board of Ex- 
 aminers. 
 
School Laws of New Mexico 
 
 Proviso. 
 Quorum. 
 
 (iradpp. 
 Spanish. 
 
 Pay of board of 
 examiners. 
 
 Procedure for 
 forming new 
 scliool district. 
 
 Annual report. 
 
 county is situated, he shall make examination of all applicants to 
 teach and when duly satisfied of their competency shall grant them 
 a certificate. 
 
 HOARD OF EXAMINERS. 
 
 Provided, That said superintendent with one of said persons so 
 appointed shall constitute a quorum of said examining board. Said 
 certificates shall be of three grades, and such examination shall be 
 necessary, for the three grades as the Territorial superintendent shall 
 designate, and in school districts where the only language spoken is 
 Spanish the teacher shall have a knowledge of both English and 
 Spanish. Each member of said examining board shall receive five 
 dollars per diem and no more for his services, to be paid from the 
 county school funds. 
 
 Sec. 14. That whenever a school district shall be formed in any 
 county the county superintendent shall within fifteen days there- 
 after prepare and post a notice of the formation of such district, 
 describing its boundaries and stating the number thereof, and ap- 
 poitning a time and place for the first district meeting, and shall also 
 furnish the county clerk with the description and boundaries of each 
 school district as soon as practicable after the same is formed. He 
 shall on or before the fifteenth day of October of each year make out 
 and transmit in writing to the Territorial superintendent, bearing 
 date of October 1st, a report containing a statement of the number 
 of school districts in the county, and the number, age and sex of 
 children residing in each, over five and under twenty-one years of 
 age, the number of schools in the county, the length of time each 
 school has been taught, the number, age and sex of pupils attending 
 the same, the number and sex of teachers employed, branches taught, 
 and text books used; the number of private or select schools or aca- 
 demies in the county, so far as the same can be ascertained, the num- 
 ber, age and sex of pupils and teachers employed, and the branches 
 taught in each, the amount of public money received in each dis- 
 trict, the amount of money raised by taxes and paid for teachers' 
 salaries, in addition to the amount of public money raised by tax or 
 otherwise for the purpose of purchasing sites for school buildings, 
 repairing and furnishing school houses, and such other information 
 as the Territorial superintendent may desire. 
 
 Sec. 15. That every county superintendent who shall willfully 
 neglect or refuse to make and deliver to the Territorial Superin- 
 tendent his annual report as required by this act within the time 
 limited therefor shall be liable on his bond for the full amount of 
 money lost to the county by such neglect or refusal, with the inter- 
 est thereon at twelve per centum per annum, to be recovered by the 
 county treasurer in the name of the county, from the bondsmen of 
 said superintendent. 
 
 SCHOOL DISTRICTS. 
 
 Sec. 16. That each of the school districts of the different coun- 
 
 Penalty for not 
 makinj? report. 
 
ScJiool Lmvfi of New Mexico. 
 
 Establishment 
 of school dis- 
 tricts. 
 
 Studies to be 
 taught. 
 
 Each school 
 district to be a 
 body corporate 
 
 ties as now constituted is hereby declared to be a school district, 
 until changed under the provisions of this act, and there shall be 
 established in each district one or more schools, in which shall be 
 taught orthography, reading, writing, arithinetic, geography, the 
 English language, gramiuar and the history of the United States, 
 
 Sec. 17. That each school district shall be a body corporate by 
 
 the name and style of school district numVjer of the county 
 
 of and by such name 
 
 may contract and be contracted with, sue and be sued, in any of the 
 courts of this Territory having competent jurisdiction; and every 
 such district shall hold in the corporate name of the district, the 
 title of lands and other property which may be required by said 
 district for school purposes. 
 
 Sec. 18. That a new school district may be formed, or the bound- 
 aries of any district changed, by the county superintendent, on 
 petition of a majority of the electors residing within the proposed 
 district: Provided, however, that after the boundaries of any dis- 
 trict have been legally established and bonds voted, then and in 
 that case there shall be an equitable division of the assets and 
 liabilities of the original district. 
 
 Formation of 
 new school dis- 
 tricts (vide sec. 
 14, vide sec. 41, 
 chap. 25, Laws 
 1891.) 
 
 Proviso. Divis- 
 ion of assists 
 and liabilities. 
 
 SCHOOL DIRECTORS. 
 
 Sec. 19. That on the second Monday of May, 1891, the present 
 county school superintendents of the respective counties shall cause 
 to be posted notices in at least three public places in each school dis- 
 trict calling an election to be held for three school directors of said 
 district, on the first Monday in June following; said election to be 
 held by three property holders in said district, to be named in said 
 notice, and after said election is held the three directors elected shall 
 hold office for one year and until their successors are elected and 
 qualified, and the judges of election shall certify the result to the 
 county superintendent; on the second Monday of May of each suc- 
 ceeding year the directors serving at the time shall post notices of 
 an election to be held by them on the first Monday in June by the 
 qualified voters, for three school directors whose term shall be one 
 year. Only legal voters, residing and paying taxes in said district, 
 shall be qualified to vote at said election; the votes shall be by writ- 
 ten or printed ballots and the election shall be held between the 
 hours of eight a. m. and five p. m. on the first Monday of June at the 
 public school house or some other convenient place, to be specified 
 in said notice; the result of said election shall be certified by said 
 directors to the county superintendent and the term of office of said 
 directors shall begin on the first Monday of July following their elec- 
 tion. The directors so elected shall take and file with the county 
 superintendent, before the first Monday of July, an oath that they 
 will faithfully perform the duties of their office; said oath shall be 
 administered by the judges holding the election first provided for 
 
 Notice of elec- 
 tion of school 
 director.'*. 
 
 Election tirst 
 Monday in 
 June. 
 
 (Qualification of 
 voters (see sec- 
 tion 2, chapter 
 II. Laws 1892, 
 1893,) 
 
 Hours of elec- 
 tion. 
 
 Certificate of 
 election. 
 
 Oath of school 
 directors. 
 
10 
 
 School Laivs of New Mexico. 
 
 Election of 
 chairman and 
 clerk. 
 
 Vacancy, 
 
 Duties. 
 
 Powers. 
 
 Teachers" 
 waives. 
 Tax levy. 
 
 Estimate of 
 expenses. 
 
 Election for 
 tax levy. 
 
 Proviso. 
 Warrants not 
 t(» l>e issued 
 in excess of one 
 year's levy, and 
 approved 
 school orders 
 to draw 6 per 
 cent, interest. 
 Special tax for 
 sinking fund. 
 
 and at subsequent elections by the directors serving, and in said 
 oath shall be set forth the number of said school districts. 
 
 Sec. 20. That five days after their qualification the school direc- 
 tors shall meet and elect a chairman and a clerk, and two directors 
 shall constitute a quorum, which shall be competent to discharge all 
 the duties of a full board. Should a vacancy occur from any cause, 
 notice shall be given to the county superintendent by the directors 
 or a director, and thereupon said county superintendent shall ap- 
 point a director to till such vacancy until the next election. They 
 shall have the care and the keeping of the school house and other 
 property belonging to the school district and are hereby authorized 
 to open the school house for the use of religious, political, literary, 
 scientific, mechanical, agricultural and industrial societies belong- 
 ing in their district for the purpose of holding business or public 
 meetings of said societies. 
 
 Sec. 21. That the school directors of the several districts shall 
 have power and are hereby required to provide as soon as practi- 
 cable school house sites, proper school houses, and sufficient fuel for 
 the schools established by this act or any prior act; they shall pay 
 teachers' wages and interest on school house bonds as provided in 
 section 22, and for that purpose they are empowered to levy a tax 
 when necessary, not exceeding five mills on the dollar in any one 
 year, on the taxable property of their respective districts. 
 
 Sec. 22. It shall be their duty to make an estimate for such tax 
 levy on or before the third Monday in July of each year, of the 
 amount of money necessary for teachers' wages for at least six 
 months in each year and to purchase or lease suitable sites for 
 school houses and to keep in repair and provide for said school 
 houses with necessary fuel and furniture, books and stationery, for 
 the board and district meetings and defray all other contingent ex- 
 penses of the district, including interest on school house bonds, 
 which tax levy shall be voted upon by the qualified voters of said 
 district, and if concurred in by a majority of such said voters of 
 said district it shall be certified to by the board of county commis- 
 sioners of the proper county, and if said commissioners decide such 
 election legale this tax shall then be collected by the sheriff or tax 
 collector, as other school taxes are now collected and accounted for. 
 
 Provided, That no board shall issue warrants or certificates of in- 
 debtedness of the school district in excess of the amount of the levy 
 for one year, but all school orders shall draw six per cent, interest 
 per annum after having been presented to the county treasurer and 
 not paid for want of funds, which fact shall be endorsed upon the 
 order by the treasurer; and they shall further have power to levy a 
 special tax not exceeding five mills on the dollar of taxable property, 
 for the purpose of creating a sinking fund to pay off school house 
 bonds as provided for in section 30. The directors of the several 
 
School Laivs of New Mexico. 
 
 11 
 
 school districts shall also employ and pay school teachers under the 
 restrictions imposed by this act, and shall have the general control 
 and management of the schools in their respective districts subject 
 to such supervision as shall herein be conferred upon the county 
 superintendent, and the directors in the several school districts in 
 the Territory shall, on or before the first day of September of each 
 year, make an enumeration of all unmarried persons between five 
 and twenty-one years of age^ giving the names, ages and sex of such 
 persons in full, and reporting the same in writing, which shall be 
 signed by all the directors to the county superintendent, within fif- 
 teen days thereafter. All resident unmarried persons between said 
 ages shall be entitled to attend the schools of their districts. The 
 clerks of the several school districts shall on or before the first 
 day of May of each year make a report to the county superintendent 
 in writing, showing the amount of money collected and expended 
 for school house sites, school houses, and fuel, interest on school 
 house bonds, contingent expenses, and for salaries paid teachers 
 within the twelve months preceding. 
 
 Any school director who shall willfully refuse or fail to make any 
 report or perform all the duties required by this section shall be 
 deemed guilty of a misdemeanor, and on conviction before the dis- 
 trict court of the proper county shall be punished by a fine of not 
 more than one hundred dollars or by imprisonment in the county 
 jail for a period not exceeding sixty days, in the discretion of the 
 court. 
 
 TEACHERS. 
 
 Employment 
 and pay of 
 teachers. 
 General contrM 
 and manage- 
 ment of 
 schools. 
 
 Enumeration. 
 
 Persons enti- 
 tled to attend 
 school. 
 Report of 
 clerk. 
 
 Penalties. 
 
 Sec. 23. That every person employed to teach a school established Record of 
 by this act or any act now in force shall keep a proper record and at 
 the end of each term make a report to the county superintendent. Term rei)ort. 
 showing the whole number of pupils that have attended school dur- 
 ing such term, giving the names, ages and sex, the average daily 
 attendance, the branches taught, and such other facts as may be 
 deemed important, as showing the character of the school and the 
 proficiency of the pupils, and for failure to make such report he may Penalty. 
 be find in the sum of not more than fifty dollars, upon conviction 
 before any justice of the peace. No person shall be paid any money Teachers" pay. 
 for teaching any school established under this act until an order is 
 presented, signed by two of the school directors of the proper dis- 
 trict, and endorsed by the county superintendent. 
 
 SCHOOL FUND. 
 
 Sec. 24. That the Territorial Auditor shall annually on or before School tax. 
 the first day of May of each year levy a tax not exceeding three mills 
 on the dollar, upon the taxable property of the Territory, and certify 
 the same to the tax collectors of the several counties, who shall col- Amended by 
 lect the same as other taxes are collected and pay the same to the Lav^sTsQi! 
 
12 
 
 School Laws of New Mexico. 
 
 How to be 
 expended. 
 
 Apportionment 
 (see section I3, 
 this chapter.) 
 
 Bond of county 
 treasurer. 
 
 Bond of Terri- 
 torial treasurer 
 (Repealed by 
 chapter 77, 
 Laws 1891.) 
 
 Territorial 
 auditor to keep 
 separate ac- 
 count of school 
 fund. 
 
 (Amended by 
 chapter 77, 
 Laws 1891.) 
 
 Penalty of tax 
 collector. 
 
 Duty of tax 
 collector. 
 
 School districts; 
 can borrow 
 money. 
 
 Time limit of . 
 school bonds. 
 
 Interest. 
 
 Territorial Treasurer. The money thus received shall not be ex- 
 pended for any other purpose or purposes than for paying the ex- 
 penses on collecting, which shall not exceed two arid one-half per 
 centum on the sum collected, for paying expenses of printing neces- 
 sary forms and blank reports and school laws, the salary of the 
 county Superintendent of Public Instruction and the expenses of 
 his office, and paying school teachers. Said school money when col- 
 lected shall be apportioned to the several counties as provided in 
 this act. 
 
 Sec. 25. That the county treasurers shall severally give bond 
 with two or more sureties as treasurers of the school fund in their 
 respective counties, in a sum which shall be fixed by the Superin- 
 tendent of Public Instruction at double the probable amount of the 
 school funds which shall come into their hands; said bonds shall in 
 no case be for a less amount than ten thousand dollars, and shall 
 be approved by the county superintendent of the proper county and 
 filed with the Superintendent of Public Instruction. 
 
 Sec. 26. That the Territorial Treasurer shall give bond as treas- 
 urer of the school fund of the Territory in the sum of one hundred 
 thousand dollars, with such sureties as shall be approved by the 
 Governor, which bond shall be filed with the Superintendent of 
 Public Instruction, and legal proceedings for the recovery thereof 
 shall be in the name of the Territory of New Mexico, and the So- 
 licitor General of the Territory of New Mexico shall prosecute 
 suits on the said bond. 
 
 Sec. 27. That the Territorial Auditor shall keep a separate ac- 
 count of the school fund, with each collector of taxes, and the Ter- 
 ritorial Treasurer shall keep such funds separate from all others. 
 Any tax collector who shall fail to pay over all school money col- 
 lected by him within thirty days after the tenth day of each month 
 in which the same is collected shall be summarily removed by the 
 Governor from the office of collector. If the tax collector be also 
 sheriff such delinquent shall also be removed from the office of 
 sheriff, and forever thereafter be disqualified from holding either of 
 said offices, and the Governor shall appoint a successor, who shall 
 qualify according to law, and who shall hold his office during the 
 balance of the time of the officer removed. It shall also be the duty 
 of the collector of taxes to keep the accounts of special taxes levied 
 by school districts in separate books provided for that purpose. 
 
 Sec. 28. That school districts shall have power and authority to 
 borrow money for the purpose of erecting and completing school 
 houses by issuing negotiable bonds of the district, to run any period 
 of not less than twenty years, nor exceeding thirty years, drawing 
 interest at a rate of not to exceed six per centum per annum, with 
 interest payable semi-annually, or annually, at such place as the 
 board of directors issuing the same may direct, which said indebted- 
 
School Lau\s of Neni Mexico. 
 
 13 
 
 Limit of 
 indebtedne> 
 
 lionds to bu 
 !<iibmittedat 
 annual or 
 ispecial meet- 
 ings to voter!- 
 
 ness shall be binding and obligatory on the school districts for the 
 use of which said loan shall be made; but no district shall permit a 
 greater outstanding indebtedness than an amount equal to four per 
 centum of the assessed value of the property of the district. 
 
 Sec. 29. That the directors of any school district may submit to 
 the voters of their district at the annual or any special meeting called 
 for that purpose, the question of issuing bonds as contemplated by 
 this act. giving the same notice of such meeting as is now required 
 to be given for the election of directors by this act, and the amount 
 proposed to be raised by the sale of such bonds, which question shall 
 be voted upon by the qualified electors of the district, and if a ma- 
 jority of all the votes cast upon that question be in favor of the issue 
 of such bonds, then said board shall issue bonds to the amount 
 voted, in denominations of not less than twenty-live dollars nor ex- 
 ceeding five hundred dollars, due not less than twenty, nor more than 
 thirty years, after date, and redeemable at the pleasure of the district 
 at any time after ten years, which said bonds shall be given in the 
 name of the district issuing them, and shall be signed by the ijresi- 
 dent of the board of directors and approved by the county superinten- 
 dent and be delivered to the county treasurer, taking his receipt 
 therefor, and said county treasurer shall advertise for the sale of said 
 bonds to the highest bidder in at least four issues of some weekly 
 paper published in his county, or an adjoining county, and shall coun- 
 tersign said bonds when negotiated. The county treasurer shall j)lace 
 the proceeds of such sale of bonds to the credit of the jjroper district, 
 to be paid out as provided for in the matter of special district tax. 
 The county treasurer shall stand charged upon his official bond with 
 all bonds that may be delivered to him, but any bond or bonds not 
 sold may be returned to the district and the treasurer credited with 
 the same: 
 
 Provided, That if such bonds are issued for the building of a 
 school house, that the contractor constructing the same may eeceive 
 in payment such bonds at their face value, or at the price offered by 
 the highest bidder: Provided further. That none of the bonds men- 
 tioned in this act shall be sold for less than 90 cents on the dollar. 
 
 Sec. 30. That a special levy, not to exceed five mills, may be 
 levied by the district board as is provided for the general expense 
 five mills levy of section 22, to be used as a sinking fund for the pay- 
 ment of outstanding bonds: 
 
 Provided, No levy shall be made for the creation of a sinking fund 
 at a less period than ten years after such bonds have been issued. 
 The sinking fund may be applied by the directors to the purchase 
 and cancellation of outstanding bonds of the district. 
 
 Sec. 31. All property, personal and real, situated in each school 
 district shall be subject to the general three mills levy, and also to 
 the sinking fund bond levy, and also to the five mills special levy. 
 
 Denomination 
 and time limit 
 of bonds. 
 
 Form of bonds 
 
 Advertisement 
 and sale of 
 bonds. 
 
 Proceeds of 
 sale of bonds. 
 
 Bonds not sold 
 to be returned 
 to district. 
 
 Proviso. 
 Buildinsr bonds; 
 
 Proviso. 
 Lowest selling 
 price of bonds. 
 
 Special levy 
 for sinking 
 fund. 
 
 Proviso. 
 
 Time limit. 
 Application of 
 sinking fund. 
 
 Levy for 
 school pur- 
 poses. 
 
14 
 
 School Laws of New Mexico. 
 
 Amended by 
 section 5, chap- 
 ter LXX VI I, 
 Law8 1891. 
 Bonds only to 
 be issued when 
 boundaries are 
 established. 
 
 See following 
 section 33. 
 
 Appointment 
 by county com- 
 missioners. 
 
 Duties. 
 
 Pay. 
 
 For the purpose of this act, and no further, the exemption laws 
 heretofore and now in force in this Territory are hereby repealed. 
 
 Sec. 32. That no bonds of any district shall be issued or any 
 special tax levied until the boundaries of said districts shall have 
 been established and the property marked by monuments or by 
 natural objects as provided by law. The boundaries of all school 
 districts in this Territory, so far as possible, shall coincide with the 
 precinct boundaries, and said boundaries shall be established by the 
 proper authority and the corners thereof marked by monuments or 
 natural objects with the words district number in a per- 
 manent manner marked upon them, and an outline map of the dis- 
 trict made showing the length and breadth thereof, and the proposed 
 location of the school house; a copy of the said map to be tiled with 
 the county superintendent. 
 
 BOARD OF BOUNDARY COMMISSION. 
 
 Sec. 33. That the county superintendent, the president of the 
 school district, and some competent person, the county surveyor 
 should there be one appointed by the county commissioners, shall 
 constitute the board, whose duty it shall be to establish corners, 
 boundary lines, and draw the map contemplated in section 32 of 
 this act; the expense of such proceeding to be charged to the county 
 wherein the district is situated and to be allowed by the board of 
 county commissioners thereof and not to exceed the sura of ten dol- 
 lars for each district. 
 
 ASSESSMENT. 
 
 County as- 
 sessor to make 
 same on special 
 tax levy. 
 
 Copy of lists of 
 
 taxable 
 
 property. 
 
 Sec. 34. That in any school district where a special taxis in con- 
 templation of being levied, or of bonds being issued, and after the 
 boundaries of the district have been properly determined and marked 
 for that purpose, it shall be the duty of the county assessor to visit 
 said district and make an assessment of all taxable property, both 
 personal and real, within said school district, as fully and completely 
 as he is now required to make the assessment of the county, and he 
 shall be governed by the same rules, especially including in such as- 
 sessment all kinds of live stock which graze wholly within the limits 
 of such district. The county assessor shall provide each board of dis- 
 trict directors with a copy of such lists of taxable property, in the 
 several districts. 
 
 TEMPORARY FUNDS. 
 
 Sec. 35. That the following are hereby declared to be and remain 
 temporary funds for common school purposes: 
 
 First. The proceeds of all sales of intestate estates which escheat 
 to the Territory. 
 
 Second. All forfeitures or recoveries on bonds of county, precinct 
 or Territorial school officers. 
 
 Third. The proceeds of all tines collected for violation of the 
 penal laws. 
 
School Laws of New Mexico. 
 
 15 
 
 Fourth. The proceeds of the sales of lost goods or estrays. 
 
 Fifth. All moneys arising from licenses imposed upon wholesale 
 and retail liquor dealers, distillers, breweries, wine-presses, gambling 
 tables or games of chance, which now pay license or may hereafter be 
 required to pay license. 
 
 All the moneys arising from the above enumerated sources when 
 collected, shall be paid into the county treasury to the account of 
 the several school districts, wherein such sums are collected, officers 
 collecting and paying in the same taking the county treasurer's re- 
 ceipt therefor. Should there be more than one school district in 
 any precinct, said amount collected shall be divided among the 
 several school districts pro rata, according to the scholastic census 
 of said district, as furnished to the county school superintendent for 
 the current year. 
 
 POLL TAX. 
 
 Sec. 36. That a poll tax of one dollar shall be levied upon all able 
 bodied male persons over the age of twenty-one years for school 
 purposes. It shall be the duty of the county assessor to make out 
 separate lists of all persons liable to pay a poll tax in each district 
 and certify the same to the clerks of the several school districts, 
 whose duty it shall be to collect the same, and said clerks shall re- 
 ceive ten per centum of all moneys collected from poll taxes. The 
 district clerks are hereby empowered to bring suit in the name of 
 the district for the collection of the same, if not paid within sixty 
 days after said lists have been received by the treasurer. 
 
 Provided, It shall be illegal for any person to vote at any election 
 who has not paid his poll tax for the current year, and said payment 
 must be made in case of a general election one day previous to such 
 election day. 
 
 Sec. 37. That it shall be the duty of the district clerks to make 
 at least one copy of the poll tax lists as soon as received from the 
 county assessor and post them up in some conspicuous place in their 
 districts for the information of the people, and on or before the first 
 Monday of April the district clerks shall report to the county super- 
 intendent in writing the amount of poll tax collected, from whom 
 collected, the names of persons still delinquent, and the reason for 
 the delinquency. 
 
 Sec. 38. That on and after this act goes into effect it shall be the 
 duty of the county assessor to make separate rolls of the poll tax 
 list for the several school districts, and the said poll tax shall be col- 
 lected as provided by this act. 
 
 REAL ESTATE OF SCHOOLS. 
 
 Sec. 39. That it shall be lawful for any district to take and hold 
 in its corporate name, under the provisions of this act, so much real 
 estate as may be necessary for the location and construction of a 
 school house and convenient schools. 
 
 Provided, That the real estate so taken otherwise than by consent 
 of the owner shall not exceed one acre. The site so taken must be 
 situated on some public highway or thoroughfare. 
 
 Amended by 
 section 1, chap- 
 ter LTX, Laws 
 1892-3. 
 
 County as- 
 sessor to make 
 poH tax lists. 
 (See sec. 38, 
 this chapter.) 
 
 Glerk of school 
 district to col- 
 lect tax and 
 brin": suit. 
 
 Proviso. 
 
 Amended by 
 section 2, 
 chapter II,Se8- 
 sion Laws 1893. 
 School district 
 clerks to make 
 copyof poll tax 
 lists and post 
 same. 
 
 District clerks 
 report on poll 
 tax. 
 
 County as- 
 sessor to make 
 separate lists. 
 (See sec. 36, 
 this chapter.) 
 
 School dist'cts 
 can take and 
 hold property. 
 
 Proviso. 
 
 Site not to ex- 
 ceed one acre. 
 
10 
 
 ScJiooJ Lnwfi of Neir Mexico. 
 
 Title by con- 
 demnation. 
 
 Sec. 40. That if the owner of any such real estate refuse or neg- 
 lect to grant the necessary site on his premises, then and in that 
 case the directors may acquire title to so much of said land as is 
 necessary for school purposes in the manner now provided by law for 
 the condemnation of land for railroads or other public purposes, and 
 such land so taken shall be deemed to be taken for public use. 
 
 Contifruous 
 commnnitiep 
 may form 
 .school districts 
 
 Proviso. 
 
 Certificate of 
 enumeration. 
 
 FORMATION OF SCHOOL DISTRICTS. 
 
 Sec. 41. That it shall be lawful for communities where lying con- 
 tiguous in the same county, though in different precincts, to form 
 school districts according to the provisions of this act. 
 
 Provided, That in such cases it shall be the duty of five of said 
 petitioners to certify under oath the number of heads of families and 
 children of school age belonging to the several parts or precincts 
 sought to be joined in the new district. 
 
 Tlireemontlis 
 
 term. 
 
 Ape 8-1 (> years. 
 
 Penalty. 
 
 Proviso. 
 
 School direc- 
 tors to ofive 
 •written notice. 
 
 Proviso. 
 Poor children 
 to be provided 
 with books. 
 
 School to be 
 within two 
 miles of resi- 
 dence. 
 
 Disposal 
 fines. 
 
 No time of resi- 
 dence required. 
 
 COMPULSORY ATTENDANCE. 
 
 Sec. 42. That the school directors of the various districts in this 
 Territory are hereby empowered and required to compel parents, 
 guardians, or other persons having the control, care or direction of 
 children, when such children do not attend some private school, to 
 send such children under their control to the public school for at 
 least three months in each year, except when such children shall be 
 under eight or above sixteen years of age, or of such physical dis- 
 ability as to unfit them for the labor required, which disability shall 
 be certified to by some regular practicing physician. Any parent, 
 guardian, or other person having the control of children who shall 
 fail or refuse to send such children to school as required by this act 
 shall be punished upon conviction thereof by a fine of not less than 
 one dollar nor more than twenty-five dollars, or by imprisonment for 
 not more than ten days in any county jail. 
 
 Provided. That such school director shall have served written no- 
 tice upon said parents, guardians or other persons having the care 
 and control of said children that such children are not in attendance 
 at the public school or any other school as required by law: Pro- 
 vided, further, That if such parent or guardian is not able by rea- 
 son of poverty to buy books for any such child, it shall be the duty 
 of the school board of the proper district, ui)onthe facts being shown 
 to their satisfaction, to furnish the necessary books and pay for the 
 same out of the school fund of such district by warrants drawn as in 
 other cases; or that there is no school taught within two miles of 
 the place of residence of such child by the nearest established road. 
 
 All fines so collected from the violation of this section shall be 
 paid into the county treasury and placed to the credit of the school 
 district in which the offense occurred. 
 
 Sec, 43. That pupils who are actual residents of a district shall be 
 
School Lawfi of New Mexico. 
 
 17 
 
 permitted to attend school in the same, regardless of the time when 
 they acquire such residence, whether before or after theenumeration. 
 
 LENGTH OP SCHOOL MONTH AND SCHOOL DAY. 
 
 Sec. 44. That the school month shall consist of four weeks of five 
 days each, and a school day shall consist of six hours. 
 
 Sjcc. 45. That all laws and parts of laws providing for the levy 
 and collection of taxes for school purposes and all laws and ijarts of 
 laws relating to public schools in the Territory of New Mexico for 
 the expenditure of money for the public schools, are hereby repealed, 
 and this act shall take effect and be in force from and after its pas- 
 sage. 
 
 Approved February 12, 1891. 
 
 Rppeal of 
 former laws. 
 
 CHAPTER LXIV. 
 
 AN ACT IN Relation to School Book? 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
 school books. 
 
 Section 1. The Board of Education of the Territory of New 
 Mexico shall have and is hereby vested with full power to adopt a 
 system of school books for the use of the public schools of this Ter- 
 ritory, and only the school books so adopted by the said board shall 
 be used in any and all of the public schools in this Territory. The 
 Board of Education shall have power to contract with the publisher 
 or publishers of text books adopted for use in the public schools in 
 New Mexico in the name of the Territory and through the Superin- 
 tendent of Public Instruction for the purchase and delivery of said 
 books under such regulations as the board may adopt. 
 
 Sec. 2. The books purchased in the name of the Territory shall 
 be sold to the several counties for cash only, at cost and freight added 
 and additional five per centum of amount of cost and freight, to 
 cover necessary expenses; on the tenth of each month accounts of 
 books purchased and sold shall be settled by the Superintendent of 
 Public Instruction; the text books shall be supplied by the pub- 
 lisher or publishers in quantities on the order of the Superinten- 
 dent of Public Education of the Territory and on the first day of 
 March and of September of each year a full settlement shall be had 
 between the Territory and the contractors and a full report thereof 
 shall be submitted to the Board of Education of all matters con- 
 nected with the purchase of text books by the Superintendent of 
 Education. 
 
 Power of 
 Board of Edu- 
 cation. 
 
 Contract to 
 be made by 
 Territoria? 
 Board of Edu- 
 cation. 
 
 Books to be 
 sold for cash 
 only. 
 
 Monthly set- 
 tlement of ac- 
 counts. 
 
 Supply, 
 
 Report. 
 
18 
 
 School Laws of Neiv Mexico. 
 
 Text books not 
 be changed be- 
 fore end of 
 four j-ears. 
 
 Books to be 
 prescribed by 
 Territorial 
 Board of 
 Edncation. 
 
 'enalties. 
 
 Sec. 3. Text books once adopted shall not be changed for four 
 years and the first contract for same shall be entered into between 
 the publishers and the Territory on the Hrst day of September, 1891, 
 or as soon thereafter as possible. 
 
 Sec. 4. The Board of Education of the Territory of New Mexico 
 is hereby vested with exclusive power in the matter of prescribing 
 the text books necessary and to be used in the jiublic schools of this 
 Territory, and any school teacher, school director or any county 
 school superintendent violating the regulations and rules of the 
 Board of Education shall be deemed guilty of a misdemeanor and 
 shall be fined for each and every offense, and upon conviction in a 
 court of competent jurisdiction, in a sum not less than ten dollars 
 nor more than one hundred dollars for each and every offense. 
 
 Sec. 5. This act shall take effect and be in force from and after 
 its passage, and all acts and parts of acts in conflict therewith are 
 hereby repealed. 
 
 Approved Feb. 26, 1891. 
 
 CHAPTER LXXVII. 
 
 General school 
 fund to be 
 paid to county 
 treasurers. 
 (Amends sec. 
 4, chapter 2.5, 
 Laws 1890-91.) 
 Apportion- 
 ment. 
 
 (Amends sec. 
 13, chapter '2.5, 
 Laws 1890-91.) 
 
 Payment of 
 expenses. 
 
 AN ACT TO AMEND An Act Entitled "An Act to Establish Com- 
 mon Schools in the Territory of New Mexico and Creating 
 the Office of Superintendent of Public Instruction," Ap- 
 proved February 11, 1891. 
 
 Be it Enacted by the Legislative Assembly of the Territory of Neiv 
 
 Mexico : 
 
 school fund. 
 
 Section 1. That the school fund derived from the general levy 
 of three mills on the dollar of taxable property shall be paid directly 
 by the several collectors to the treasurers of their respective coun- 
 ties to the credit of the county school funds, and shall be appor- 
 tioned as now provided by law, together with all the county school 
 fund by the county superintendent of schools, on the first Mondays 
 in January, April, July and October. 
 
 TERRITORIAL BOARD OF EDUCATION. 
 
 Sec. 2. The actual necessary expenses of the members of the 
 Board of Education incurred in attending the meetings thereof shall 
 be audited by the Auditor of the Territory, and paid out of any 
 school funds in the Territorial Treasury. 
 
 SALARY OF COUNTY SCHOOL SUPERINTENDENTS. 
 
 Sec. 3. County superintendents hereafter elected shall receive 
 pay for their services and expenses as follows: In counties having 
 
School Lmvs of New Mexico. 
 
 19 
 
 fifteen school districts or less, two hundred and fifty dollars per an- 
 num; in counties having more than fifteen school districts but not 
 more than twenty five, five hundred dollars per annum; in counties 
 having more than twenty-five school districts, but not more than 
 thirty-five, seven hundred and fifty dollars per annum; in counties 
 having more than thirty-five school districts and not more than 
 forty-five, one thousand dollars per annum; in counties having more 
 than forty-five school districts and not more than fifty-five, twelve 
 hundred and fifty dollars per annum; in counties having more than 
 fifty -five school districts and not more than sixty-five, fifteen hundred 
 dollars per annum; in counties having more than sixty-five school 
 districts, seventeen hundred and fifty dollars per annum; to be paid 
 out of the school funds of the respective counties, and payable quar- 
 terly upon the order of the county commissioners upon the county 
 treasurer. 
 
 Provided, That such compensation shall be made according to the 
 number of school districts as they exist at the commencement of the 
 terms of office of the several superintendents. 
 
 Sec. 4. That it shall be illegal for any person to vote or attempt 
 to vote at any election who has not paid his poll tax for the current 
 year, and said payment must be made in case of a general election, 
 at least sixty days previous to such election day. 
 
 EXEMPTION OF TAXATION. 
 
 Sec. 5. That the following classes of property shall be exempt 
 from taxation for school purposes: 
 
 Property of the United States, of this Territory, of counties, cities, 
 towns and other municipal corporations when devoted entirely to 
 public use, and not held for pecuniary profits, all public libraries, 
 the grounds, buildings, books, papers and apparatus of literary, scien- 
 tific, benevolent, agricultural and religious institutions, and societies 
 devoted exclusively to the appropriate object of those institutions, 
 and not leased or otherwise used with a view to pecuniary profit, and 
 cemeteries not held for pecuniary profit. 
 
 Provided, That mines and mining claims shall pay a tax upon the 
 net product and upon the surface improvement only. 
 
 SCHOOLS OF INCORPORATED CITIES AND TOWNS. 
 
 Sec. 6. All cities and towns now organized by virtue of the au- 
 thority of former acts, and all cities and towns hereafter organized 
 under any law of this Territory shall be governed by the provisions 
 of this act. 
 
 Sec. 7. In each city or town governed by this act there shall be 
 established and maintained a system of free common schools, which 
 shall be kept open no less than three nor more than ten months in 
 any one year, and shall be free to all children residing in such city or 
 town between the ages of five and twenty years. But the Board of 
 
 Amendn sec. 
 11, chapter 
 XXV, Laws 
 189001. 
 
 Amended by 
 seciion 1, chap- 
 ter II, Laws 
 1893-4. 
 
 Amendt< la.st 
 part of section 
 31, chapter 
 XXV, Laws 
 1890-91. 
 !See section 1, 
 chapter VI, 
 Laws 189-^3. 
 
 Proviso. 
 
 Tax on mines. 
 
 Free city- 
 schools and 
 length of term. 
 
20 
 
 School Laics of New Mexico. 
 
 Children be- 
 tween 5 and 7 
 years. 
 
 Territory be- 
 yond city lim- 
 its may be at- 
 tached for 
 school pur- 
 poses. 
 Procedure. 
 
 Equal taxation. 
 
 Outside terri- 
 tory attached, 
 to elect mem- 
 bers of Board 
 of Education. 
 
 City schools to 
 be bodies cor- 
 porate. 
 
 Conveyance of 
 property to 
 Board of Edu- 
 cation. 
 
 Procedure of 
 conveyances. 
 
 Education mly when school room accommodations are insufficient 
 exclude for the time being children between the ages of five and seven 
 years. 
 
 Sec. 8. Territory outside the city limits, but adjacent thereto, 
 may be attached to such city or town for school purposes upon ap- 
 plication to the Board of Education of such city or town by a ma- 
 jority of the electors of such adjacent territory, and upon such ap- 
 l)lication being made to the Board of Education, they shall if they 
 deem it proper and to the best interests of the school of said city or 
 town and the territory seeking to be attached, issue an order attach- 
 ing such territory to such city or town for school purposes, and to 
 enter the same upon their journal, and such territory shall from the 
 date of such order be and compose a part of such city or town for 
 school purposes only, and the taxable projierty of such adjacent ter- 
 ritory shall be subject to taxation and shall bear its full proportion 
 of all expenses incurred in the erection of school buildings and in 
 maintaining the schools of such city or town. 
 
 Whenever the territory so attached shall have attained a popula- 
 tion equal to that of any ward of such city or town, or whenever the 
 taxable property of such attached territory shall equal that of any one 
 ward of such city or town, such attached territory shall be entitled 
 to elect two members of the Board of Education, who shall be 
 elected at the same time that other members of the board are elected 
 by the qualified electors of such territory, at an election to be held 
 at such place as the Board of Education may designate. 
 
 Sec. 9. The public schools of each city organized in pursuance of 
 this act shall be a body corporate and shall possess the usual powers 
 of a corporation for public purposes by the name and style of the 
 
 "Board of Education of the city (or town) of 
 
 of the Territory of New Mexico,'' and in that name may sue or be 
 sued and be capable of contracting and being contracted with, of 
 holding and conveying such real and personal estate as it may come 
 into possession of, by will or otherwise, or as is authorized to be pur- 
 chased by the provisions of this act. 
 
 Sec. 10. Any city or town is hereby authorized and required upon 
 the request of the Board of Education of such city or town, to con- 
 vey to said Board of Education all property within the limits of any 
 such city or town, heretofore purchased by any such city or town 
 for school purposes, and now held and used for such purpose, the 
 title to which is vested in any such city or town. 
 
 Sec. 11. All conveyances for the property mentioned in the pre- 
 ceding section, shall be signed by the mayor, and attested by the 
 clerk of said city or town, and shall have the seal of the city or town 
 affixed thereto and be acknowledged by the mayor of such city or 
 town in the same manner as other conveyances of real estate. 
 
School Laws of New Mexico. 
 
 21 
 
 CITY BOARD OF EDUCATION. 
 
 Sec. 12. At each annual city or town election there shall be a 
 Board of Education, consisting of two members from each ward, 
 elected by the qualified voters thereof, one of whom shall be elected 
 annually, and shall hold his office for a term of two years, and until 
 his successor is elected and qualified. 
 
 Provided, That no member of the Board of Education shall be a 
 member of the council or town trustees, nor shall any member of the 
 council or town trustees be a member of the Board of Education. 
 
 Sec. 13. The Board of Education shall have power to fill any 
 vacancy which may occur in their body. 
 
 Provided, That any vacancy occurring more than ten days pre- 
 vious to the annual election and having an unexpired term of one 
 year shall be filled at the first annual election thereafter; and the 
 ballots and returns of election shall be designated as follows: "To 
 till unexpired term." 
 
 Sec. 14. The Board of Education shall have power to elect their 
 own officers, except the treasurer; to make their own rules and 
 regulations, subject to the provisions of this act; to organize and 
 maintain a system of graded schools; to establish a high school 
 whenever in their opinion the educational interests of the city de- 
 mand the same, and to exercise the sole control over the schools and 
 school property of the city or town. 
 
 Sec. 15. The Board of Education, at its regular meeting in May of 
 each year, shall organize by the election of a president and vice 
 Xjresident from among its own members, each of whom shall serve 
 for the term of one year, or until their successors are elected and 
 qualified; they shall also elect a clerk, who shall hold his office during 
 the ijleasure of the board, and who shall receive such compensation 
 for his services as the board may allow. 
 
 Sec 16. The treasurer of the city or town shall be ex-officio the 
 treasurer of the Board of Education and shall give bond to the Board 
 of Education as the board may require, said bond to be approved by 
 the Board of Education and filed with its clerk. It shall be the 
 duty of the treasurer to deposit daily all money belonging to the 
 Board of Education in some responsible bank, to be designated by 
 the Board of Education, in the name of such treasurer as such officer, 
 which bank shall pay interest on monthly average balances as may 
 be agreed upon by such bank and the Board of Education, and before 
 making such deposits, the Board of Education shall take from such 
 bank a good and sufficient bond in a sum to be designated by the 
 Board of Education, conditioned that such deposits shall be paid on 
 the check or draft of said treasurer. The treasurer shall attend all 
 of the meetings of the board when required to do so; shall prepare 
 and submit in writing a monthly report of the finances of said board. 
 
 Election. 
 Amended l)y 
 section l,olia|)- 
 ter XXXIX, 
 La\v« 1892-:^. 
 
 Proviso. 
 Exceptiona. 
 
 Vaaincy. 
 
 Proviso. 
 
 Election to fill 
 vacancy. 
 
 I'owers. 
 
 Or'ranization. 
 
 Bond of 
 Treasurer. 
 
 Duties. 
 
22 
 
 School Laws of New Mexico. 
 
 Pay for 
 services. 
 
 No pay or 
 emoluments. 
 
 Duties of Pres- 
 ident. 
 
 Duties of Vice 
 President. 
 
 Duties of Clerk 
 
 and shall pay school moneys only upon a warrant signed by the 
 president, or, in his absence, by the vice president, and counter- 
 signed by the clerk. The treasurer shall receive from the Board of 
 Education, tifty dollars per annum for his services as treasurer, and 
 no more. 
 
 Sec. 17. No member of the Board of Education shall receive any 
 pay or emolument for his services. 
 
 Sec. 18. It shall be the duty of the president to preside at all 
 meetings of the Board of Education, to appoint all committees whose 
 appointment is not otherwise provided for, and to sign all warrants 
 ordered by the Board of Education to be drawn upon the treasurer 
 for school moneys. 
 
 Sec. 19, It shall be the duty of the vice president to perform all 
 the duties of the president in case of his absence or disability. 
 
 Sec. 20. It shall be the duty of the clerk to be present at all 
 meetings of the board: to keep an accurate journal of its proceedings; 
 to take charge of its books and documents; to countersign all war- 
 rants for school moneys drawn upon the treasurer by order of the 
 Board of Education, and perform such other duties as the Board of 
 Education or its committees may require. 
 
 Sec. 21. Before entering upon the discharge of his duties, the 
 clerk of the Board of Education shall give bond in the sum of one 
 thousand dollars, with good and sufficient sureties, to be approved 
 by the board, conditioned for the faithful performance of the duties 
 of his office. 
 
 Sec. 22. The Board of Education shall, on or before the first day 
 of August of each year, levy a tax for the support of the schools of 
 the city or town for the fiscal year next ensuing, not exceeding in 
 any one year five mills on the dollar, on all personal, mixed and real 
 property within the district, which is taxable according to the laws 
 of the Territory of New Mexico for school purposes, which levy shall 
 be approved by the city council or town trustees; and when so ap- 
 proved the clerk of the board shall certify to the county clerk, who 
 is hereby authorized and required to place the same on the tax roll 
 of said county, to be collected by the collector of the county as are 
 other taxes, and paid over by him to the treasurer of the Board of 
 Education, of whom he shall take a receipt in duplicate, one of which 
 he shall file in his office, and the other he shall forthwith transmit to 
 the clerk of the Board of Education. 
 
 This section shall not be construed to change, alter, modify or 
 amend section 1 of this act or any part of the act of which it is an 
 amendment, with reference to the amount to be raised by taxation 
 for school purposes, but the provisions of this section with reference 
 to taxation for schools, under this section, and said law shall be held 
 and taken to be in addition to the provisions of the act above re- 
 ferred to in this section. 
 
 Bond of Clerk. 
 
 Levy of city 
 school tax. 
 
 Addition to sec. 
 one of this 
 chapter. 
 
School Laws of New Mexico. 
 
 23 
 
 Skc. 23. The taxable property of the whole city or town, includ- 
 ing the territory attached for school purposes, shall be subject to 
 taxation. All taxes collected for the benefit of the schools shall be 
 paid in money, and shall be placed in the hands of the treasurer, 
 subject to the order of the Board of Education. 
 
 Sec. 24. The regular meetings of the Board of Education shall be 
 upon the first Monday of each month, but special meetings may be 
 hold, from time to time, as circumstances may demand. 
 
 Sec. 25. The board of education, at the close of each school year, 
 or as soon thereafter as practicable, shall make an annual report of 
 the progress, prosperity and condition, financial as well as educa- 
 tional, of all the schools under their charge; and saia report, or such 
 of it as the Board of Education shall consider of advantage to the 
 public, shall be printed, either in a public newspaper or in pamphlet 
 form, and a copy furnished the county and the Territorial Superin- 
 tendent. 
 
 Sec. 26. No expenditure involving an amount greater than two 
 hundred dollars shall be made except in accordance with the pro- 
 visions of a written contract, and no contract involving an expendi- 
 ture of more than five hundred dollars, for the purpose of erecting 
 any public buildings or making any improvements, shall be made 
 except upon sealed proposals, and to the lowest responsible bidder. 
 
 PUBLIC schools to BE NON-SECTARIAN. 
 
 Sec. 27. No sectarian doctrine shall be taught or inculcated in 
 any of the public schools of the city or town. 
 
 EXEMPTION FROM TAXATION. 
 
 Sec. 28. All property held by the Board of Education for the use 
 of public schools shall be exempt from taxation, and shall not be 
 taken in any manner for any debt due from the city. 
 
 city school bonds. 
 
 Sec. 29. Any city or incorporated town in this Teriitory, which 
 shall by the action of its common council, trustees or school direct- 
 ors have purchased any ground or building or buildings, or may 
 hereafter purchase any ground and building or buildings, or has 
 commenced or may hereafter commence the erection of any building 
 or buildings for school purposes, or which shall have by its school 
 directors, common council or trustees, contracted any debts for the 
 erection of such building or buildings, or the purchase of such 
 ground and building or buildings, or such school directors, trustees 
 or common council shall not have the necessary means with which 
 to complete such building or buildings, or to pay for the purchase 
 of such ground and building or buildings, or pay such debt, may on 
 filing by the school directors, trustees or common council of said 
 city or town, of a report under oath, with the Board of Education of 
 
 General taxa- 
 tion. 
 
 Di8popal of 
 taxes collected 
 
 Meeting. 
 
 Report. 
 
 Contracts. 
 
24 
 
 School Laws of New Mexico. 
 
 Election. 
 
 such city or town, showing the estimated or actual cost of any such 
 ground and building or buildings, or the amount required to com- 
 plete such building or buildings, or purchase such ground and build- 
 ing or buildings, or the amount of such debt, it shall be lawful for 
 the Board of Education to order an election for the issuing of bonds 
 of said school district in said city or town, to an amount to liquidate 
 such proposed indebtedness, and the said Board of Education are 
 hereby authorized and empowered to issue such bonds in conformity 
 with the requirements, and in like manner that school bonds are is- 
 sued. And said Board of Education are authorized and empowered 
 to issue bonds to raise funds for the purchase of school site or sites, 
 or to erect a suitable building or buildings thereon, or to fund any 
 bonded indebtedness for school purposes of such city or town. 
 
 Provided, That no bonds shall be issued until the question shall 
 be submitted to the peojjle, and a majority of the qualified electors 
 who shall vote on the question at an election called for that pur- 
 pose, shall have declared by their votes in favor of issuing such 
 bonds. The rate of interest on such bonds shall not exceed six per 
 cent per annum, payable annually or semi-annually, at such place as 
 may be mentioned upon the face of said bonds, which bonds shall be 
 payable in not less than twenty nor more than thirty years from 
 their date, and the Board of Education is hereby authorized and em- 
 powered to sell such bonds at not less than par. 
 
 Sec. 30. It shall be the duty of the mayor of each city or town 
 governed by this act, upon the request of the Board of Education, 
 forthwith to call an election to be conducted in all respects as are 
 the elections for city or town officers in the same cities or towns, 
 except that the returns shall be made to the Board of Education 
 for the purpose of taking the sense of such district upon the ques- 
 tion of issuing such bonds, naming in the proclamation of such elec- 
 tion the amount of bonds asked for and the purpose for which they 
 are to be issued. 
 
 Sec. 31. The bonds, the issuance of which is provided for in the 
 foregoing section, shall be signed by the president, attested by the 
 clerk and countersigned by the treasurer of the Board of Education; 
 and said bonds shall specify the rate of interest and the time when 
 principal and interest shall be paid, and each bond so issued shall 
 be for a sum not less than fifty dollars. 
 
 Sec. 32. The Board of Education at the time of its annual levy 
 of taxes for the support of schools, as hereinbefore provided, shall 
 also levy a sufficient amount to pay the interest as the same accrues 
 on all bonds issued under the provisions of this act, and also to 
 create a sinking fund for the redemption of said bonds, which it shall 
 levy and collect, in addition to the rate per cent, authorized by the 
 provisions aforesaid for school purposes; and said amount of funds, 
 when paid into the treasury, shall be and remain a specific fund for 
 
 Proviso. 
 Bonds to be 
 submitted to 
 vote. 
 
 Interest. 
 
 Time limit. 
 
 Election for 
 bonds. 
 
 Returns of 
 election. 
 
 Form of 
 bonds. 
 
 Specifications. 
 
 Denomination 
 limit. 
 
 Tax levy for 
 interest. 
 
 Sinking Fund. 
 
School Laws of New Mexico. 
 
 25 
 
 said purpose only and shall not be appropriated in any other way 
 except as hereinafter provided. 
 
 Provided, There shall be no levy for sinking fund until ten years 
 after the issue of such bonds, if they be for twenty years; and twen- 
 ty years after the issue if they be for thirty years, and the levy in 
 any one year shall not exceed five mills on the dollar for such sink- 
 ing fund, and the total levy in any one year shall not exceed ten mills 
 on the dollar for all purposes: Provided further, That the levy for 
 interest on such bonds as may be issued by such city or town shall 
 not exceed in any one year an amount required to pay the annual 
 interest. 
 
 Sec. 33. Whenever the interest coupons of the bonds hereinbe- 
 fore authorized shall become due, they shall be promptly paid, on 
 presentation by the treasurer, out of any money in his hands col- 
 lected for that purpose, and he shall endorse upon the face of such 
 coupons in red ink. the word "paid," and the date of payment, and 
 sign the initials of his name. 
 
 Sec. 34. The school fund and property of such city or town and 
 territory attached for school purposes is hereby pledged to the pay- 
 ment of the interest and principal of the bonds mentioned in this act 
 as the same may become due. 
 
 Sec. 35. It shall be the duty of the clerk of the Board of Educa- 
 tion to register in a book provided for that purpose the bonds issued 
 under this act, and all warrants issued by the board, which said 
 register shall show the number, date and amount of said bonds, and 
 to whom made payable. 
 
 Sec 
 
 OATH OF BOARD OF EDUCATION. 
 
 36. Each member of the Board of Education and officer pro- 
 
 vided for in this act shall take and subscribe an oath or affirmation 
 to support the Constitution of the United States and the laws of 
 New Mexico, and faithfully perform the dutiesof his office. The oath 
 and bond of the clerk shall be filed with the treasurer; and all other 
 oaths and bonds shall be filed with the clerk. 
 
 Sec. 37. All acts and parts of acts in conflict herewith are hereby 
 repealed, and this act shall take effect and be in force from and after 
 its passage. 
 
 Approved Feb. 26. 1891. 
 
 '^ UNIVERSITY, 
 
 BRA^ 
 
 CHAPTER II. 
 
 ■S^CALIFOKiil! 
 
 AN ACT TO Amend Chapters xxv and lxxvii of the Acts of the 
 29th Legislative Assembly and to Prescribe the Qualifica- 
 tion of Voters. S. C. B.C; Ap2>roved January -5, 1893. 
 
 Be it Enacted hy the Legislative AssenUdy of the Territory of New 
 Megcioo : 
 
 Proviso. 
 Time limit 
 for levy of 
 sinking fund. 
 
 Proviso. 
 Limit of levy 
 for interest. 
 
 Interest due. 
 
 Guaranty of 
 bonds. 
 
 Register of 
 bonds. 
 
 Repeal of 
 former laws. 
 
26 
 
 School Laws of New Mexico. 
 
 POLL TAX. 
 
 Section 1. That all of section four (4) of chapter LXXVII and so 
 much of section thirty-six (36) of chapter XXV of the Acts of the 
 29th Legislative Assembly of the Territory of. New Mexico as pro- 
 vides "that it shall be illegal for any person to vote at any election 
 who has not paid his poll tax for the current year, and said payment 
 must be made in case of a general election, one day previous to such 
 election day," be and the same are hereby repealed. 
 
 Sec. 2. Prepayment of poll tax shall not hereafter be a pre- 
 requisite or qualification of the right to vote at any election in this 
 Territory. 
 
 Sec. 3. This act shall take effect and be in force from and after 
 its passage. 
 
 Not a rpqnisite 
 To vote. 
 
 CHAPTER VI. 
 
 AN ACT Relating to Exemption from Taxatio.n 
 proved January 20, 1893. 
 
 C. B. 4; Ap- 
 
 Two hundred 
 dollars limit.. 
 
 Proviso. 
 
 ('onditioiis. 
 
 Repeal. 
 
 Be it Enacted by the Legislative Assembly of tJie Territory of Neu' 
 Mexico : 
 
 exemption fkom texation. 
 See Sec. 5, Chapter LXXVII, 1890-1. 
 
 Section 1. That there shall be exempt from taxation for Terri- 
 torial, county, municipal and school purposes, property of the head 
 of a family actually residing in this Territory in the sum of two hun- 
 dred dollars: Provided, That any and all property must be listed 
 for taxation by the assessor, and before any exemption can be allowed 
 or granted the claimant must make oath before the assessor as to 
 the true market value of his property, and if he claims the whole of 
 said property to be exempt the claimant must swear that all of his 
 property otherwise subject to taxation does not exceed in value the 
 said sum of two hundred dollars and that he is the head of a family 
 residing in this Territory. 
 
 Sec. 2. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 CHAPTER X. 
 
 AN ACT TO Amend Section 1, Chapter xii, of the Laws of 1889, 
 Providing for the Qualification of Justices of the Peack, 
 Constables AND OTHER Officers. C B. 30: Approved Febru- 
 ary 2, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
School Laics of New Mexico. 
 
 TEACHERS. 
 
 SkctiOxN 1. That section 1 of chapter XII of the Laws of 1881), 
 entitled "An Act ijroviding for the qualification of justices of the 
 peace, constables and other officers," be and the same is hereby 
 amended by striking from the same the words "school teacher," con- 
 tained therein. 
 
 Sec. 2. This act shall not be construed as in any manner repeal- 
 ing any of the qualifications of school teachers in this Territory, 
 and shall be in force and effect from and after its passage. 
 
 Ameudment. 
 
 Construction 
 
 CHAPTER XV. 
 
 AN ACT Legalizing Tkansff.rs of School District Property by 
 School Boards in the Territory of New Mexico. H. B. 45; 
 Approved January 10, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
 TRANSFER OF SCHOOL DISTRICT TROPERTY. 
 
 Section 1. That all transfers of school district property hereto- 
 fore made by any school board in any school district in this Territory 
 are hereby declared valid and legal and all such transfers are hereby 
 ratified and confirmed. 
 
 Sec. 2. This act shall be in force from and after its passage. 
 
 CHAPTER XIX. 
 
 AN ACT TO Establish and Provide for the Maintenance and 
 Government of the Normal Schools of New Mexico. C. B. 
 20 ; Approved February 11, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Tei^ritory of New 
 Mexico : 
 
 NORMAL schools. 
 
 Section 1. There is hereby created and established at Silver City, 
 in Grant county, and in Las Vegas, in San Miguel county, in the 
 Territory of New Mexico, institutions of learning to be known as the 
 Normal Schools of New Mexico. 
 
 Sec. 2. Such schools shall be located upon a tract of land suitably 
 and pleasantly located, containing not less than twenty acres, and 
 situate not more than one and a half miles from said Silyer City and 
 
 Places where 
 to be estab- 
 lished 
 
 Sites. 
 
28 
 
 School Laws of New Mexico. 
 
 Las Vegas, respectively, the location of such land to be apijroved by 
 the respective boards of regents created by this act, and the same 
 shall be conveyed to such boards by a good and indefeasible title in 
 fee simple within six months after the passage of this act, free of any 
 cost to the Territory or said boards, and no expenditure of money 
 shall be made under this act upon such land until such conveyance 
 is made and accepted by such boards. 
 
 Sec. 3. The control of such normal schools shall be each under a 
 board of five regents to be appointed by the Governor of the Terri- 
 tory. In making such appointments for the first time, one shall be 
 appointed for one year, one for two years, one for three years, one 
 for four years and one for five years, and thereafter appointments 
 shall be made for the term of five years, and at the expiration of the 
 terms of the several members, or when vacancies may otherwise arise. 
 The members of each such board shall be voters of the Territory 
 and the owners of real estate therein, and no more than three of the 
 members of each said board shall be of the same political party. 
 Each such board shall constitute a body politic and corporate, and 
 shall have power to sue and be sued, to contract and be contracted 
 with, and the title to all property belonging to each such normal 
 school shall be vested in the respective corporate bodies and their 
 successors. 
 
 Sec. 4. Within thirty days after the appointment of each such 
 board, the members thereof shall meet at Silver City a,nd Las Vegas, 
 respectively, at a time to be designated by the Governor of the Ter- 
 ritory, and each shall organize by the election of one member there- 
 of as president and another member as secretary and treasurer, and 
 annually thereafter a meeting of such boards shall be held for the 
 same purpose, but such officers shall hold their offices until their 
 successors shall be elected and qualified. The person who may be 
 elected as secretary and treasurer of each such board shall execute 
 his bond, payable to the Territory of New Mexico, for not less than 
 twenty thousand dollars, with at least two freehold sureties, resi- 
 dents of the Territory, which shall be conditioned for the faithful 
 performance of the duties of such secretary and treasurer, and shall 
 be approved by the Governor and filed with the Secretary of the 
 Territory. 
 
 Sec. 5. Each of said boards of regents shall hold at least four 
 meetings during each year at their respective Normal Schools for the 
 purpose of discharging their duties under this act, the time of such 
 meetings to be fixed by such board, and the president of such board 
 may call special meetings thereof when in his judgment the business 
 of such schools demands the same. Three members of such boards 
 shall constitute a quorum for the transaction of business. 
 
 Sec. G. Said boards of regents shall have full and complete power 
 and control over their respective Normal Schools. Each board shall 
 
 Title in fee 
 t<imi)le. 
 
 Ooutrol. 
 
 A ppoiutmeut 
 of Board of 
 Resents. 
 
 (iualificationa 
 of Kegents. 
 
 Board to be a 
 body corporate. 
 
 Orjrauization. 
 
 Bond of Secre- 
 tary and Treas- 
 urer. 
 
 Meetings. 
 
 Power of re- 
 spective boards. 
 
School Laws of New Mexico. 
 
 •29 
 
 employ a superintendent or principal for such school who shall have 
 the supervision and control of the school under such rules and regu- 
 lations as may be provided by such board. Such board shall deter- 
 mine and provide as to what branches of learning shall be taught in 
 such school and the classification and order of the same, and shall 
 also direct the number of teachers that shall be employed, and shall 
 determine the compensation to be paid to the superintendent and 
 teachers. Such board shall also prescribe upon what terms and con- 
 ditions pupils shall be admitted to such school, but no pupils shall 
 be admitted who are not residents of this Territory. 
 
 Sec. 7. The president of each board shall preside at all meetings 
 thereof and shall sign the proceedings of the same, and shall sign all 
 orders directed by the board to be drawn upon the treasurer thereof 
 for the payment of money. In the absence of the president at any 
 meeting of the board the members present shall elect a president 
 jiro tern. 
 
 The secretary of the board shall have charge of the records, books, 
 and papers belonging to such board, and shall keep a record of the 
 proceedings of such board; and shall issue and attest all orders di- 
 rected by the board to be drawn upon the treasurer of the same for 
 the payment of money. Such secretary, as treasurer, shall have the 
 care and custody of all moneys belonging to such school, and he shall 
 pay out the same only upon orders drawn upon him by direction of 
 the board of regents and signed by the president thereof ; and at each 
 regular meeting of such board such treasurer shall submit to the 
 same a statement showing a full account of the condition of financial 
 affairs of such school. 
 
 Sec. 8. The members of the respective boards of regents shall be 
 entitled to the sum of two dollars per day during the time they shall 
 be employed in the actual discharge of their duties, and five cents 
 per mile for each mile necessarily traveled in going to and returning 
 from their places of residence to the place of meeting of such board, 
 but the person who is elected as secretary and treasurer of such 
 board shall he entitled to receive three dollars per day during the 
 sessions of such board, and mileage as above provided. 
 
 Sec. 9. For the purpose of erecting buildings for such schools, 
 furnishing the same, improving the grounds and maintaining such 
 schools, the Auditor of the Territory shall cause to be levied upon 
 all taxable property in the Territory during the year commencing on 
 the 4th day of March, 1893, and ending on the 3rd day of March, 
 1894, a tax of two-fifths of one mill, which levy shall be collected 
 during the same year and applied to the above appropriation. Five 
 thousand dollars of said sum shall be available for each of said 
 schools for the purposes specified herein on the first day of January, 
 1894, and the balance of said levy so collected on the 4th day of 
 March, 1894, and shall he paid upon presentation to the Treasurer 
 of the Auditor's warrant, which shall be issued upon an order from 
 
 5 
 
 Duties of 
 President. 
 
 Duties of Sec- 
 retary. 
 
 Per diem pay 
 and mileaj?e. 
 
 Tax levy, 
 
 Application 
 of funds. 
 
30 
 
 School Laivs of New Mexico. 
 
 Proviso. 
 
 Limit of in- 
 debtedness. 
 
 Diplomas to 
 be valid as 
 teachers cer- 
 tificates. 
 
 the respective boards of regents of such normal schools: Provided, 
 however, That no indebtedness, binding in any manner upon the 
 Territory, shall be incurred by the boards of regents or any other 
 person or persons on behalf of said schools over and above the 
 amount derived from the collection of said two-fifths mill levy. 
 
 Sec. 10. Diplomas issued to graduates of the foregoing Normal 
 Schools of New Mexico, also diplomas issued to graduates from the 
 Territorial University at Albuquerque, the Territorial School of 
 Mines at Socorro and the Territorial Agricultural College at Las 
 Cruces, shall be and the same are hereby considered as first class 
 teachers' certificates in any of the counties in the Territory of New 
 Mexico. 
 
 Sec. 11. This act shall be in force and effect from and after its 
 passage. 
 
 CHAPTER XXX. 
 
 AN ACT TO Amend Section 1 of An Act Entitled "An Act Re- 
 pealing Certain Sections of the Gaming Law and Providing 
 A Substitute Therefor," Approved February 21, 1887. H. B. 
 119 ; Approved February 11, 189S. 
 
 Proviso. 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
 gaming license. 
 
 Section 1. That section 1 of an act entitled "An Act repealing 
 certain sections of the gaming law and providing a substitute there- 
 for," approved February 21, 1887, be and the same is hereby amended 
 to read as follows: 
 
 Section 1. That there shall be assessed and collected in the man- 
 ner prescribed by law, as in cases of other licenses, a tax of two hun- 
 dred dollars, for the period of twelve months, to be paid in advance 
 on each gaming table or apparatus of any kind whatever, such as 
 monte, faro, pass faro, pass monte, vandeau, roulette, twenty-one, 
 red and black, rouge et noir, poker, stud horse poker, craps, keno or 
 any game of chance played with cards, raffle or dice, or any subter- 
 fuge for the same by whatever name known, which license shall be 
 issued in the manner prescribed by law, in the case of other licenses, 
 but only upon a written request of the party desiring such license, 
 signed by the applicant, setting forth the place or building in which 
 said games are to be carried on, and said license shall only be good 
 and apply to such place of business in said application mentioned: 
 Provided, That the license herein provided shall only be receivable 
 in current funds of the United States, and upon the payment of said 
 
School Laws of New Mexico. 
 
 31 
 
 license fee by said applicant it shall be paid into the hands of the 
 county treasurer to be covered into the school funds of the county: 
 Provided, further, That any officer who shall deliver to the applicant 
 any such license until the tax thereon has been paid, as herein pro- 
 vided, shall forfeit to the said school fund double the amount of said 
 license, to be recovered upon the official bond of said officer: And, 
 provided, further. That not more than one game shall be played on 
 the same table at any time, and the party or parties receiving 
 such license shall post the same, or cause the same to be done, on the 
 wall in a conspicuous place near such table, showing the game au- 
 thorized to be played thereon. 
 
 Sec. 2. This act shall take effect and be in force thirty days from 
 and after its passage. 
 
 To be covered 
 into county 
 school funds. 
 
 Proviso. 
 Penalty. 
 
 CHAPTER XXXI. 
 
 AN ACT Authorizing the Faculty of St. Michael's College at 
 Santa Fe, to Issue Teachers' Diplomas to Graduates of said 
 College. H. B. 185 ; Approved February 20, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
 diplomas of SAN MIGUEL COLLEGE. 
 
 Section 1. The faculty of St. Michael's College, situated in the 
 city of Santa Fe, is hereby authorized to issue teachers' diplomas to 
 all graduates of said college who may apply for the same. The 
 diplomas so issued to said graduates shall be and the same are here- 
 by considered as first class teachers' certificates in any and all coun- 
 ties in the Territory of New Mexico, to the same extent as the 
 diplomas or teachers' certificates issued by the faculties of the Ter- 
 ritorial University, at Albuquerque, the Territorial School of Mines, 
 at Socorro, and the Territorial Agricultural College, at Las Cruces. 
 
 Sec. 2. This act shall be in full force and effect from and after its 
 passage and approval. 
 
 CHAPTER XXXVIII. 
 
 AN ACT Entitled An Act to Adjust and Settle Certain out- 
 standing School Indebtedness in the Different Counties of 
 the Territory of New Mexico. C. B. 83 ; Approved February 
 23, 1893. 
 
 To be con- 
 sidered as first 
 class teachers 
 certificates. 
 
 adjustment AND SETTLEMENT OF OUTSTANDING SCHOOL INDEBTEDNESS. 
 
 Whereas, Prior to the passage of the present school law of the 
 Territory of New Mexico, in several counties of said Territory the 
 
32 
 
 School Latvs of New Mexico. 
 
 To bi'ing suits 
 for recovery in 
 district courts. 
 
 Warrant hold- 
 ers may unite. 
 
 Suits to be 
 brought in 
 chancery. 
 
 Duty of Dis- 
 trict Attorney. 
 
 Service of 
 process. 
 
 Proceedings. 
 
 Statement of 
 account. 
 
 Decree. 
 
 expense of the schools had been paid by school superintendents of 
 the county drawing warrants upon the county treasurer, instead of 
 the fund being distributed among the different districts of the coun- 
 ty and the warrants being drawn upon the district treasuries; and 
 
 Whereas, County treasurers have refused to pay many of said 
 warrants which are alleged to have been given in good faith for ser- 
 vices actually rendered and supplies actually furnished said schools; 
 and 
 
 Whereas, The holders of said warrants are practically without 
 any remedy for collection of the same or any part thereof; 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 Mexico : 
 
 Section 1. That the holders of any school warrants in this Ter- 
 ritory, issued by county school superintendents prior to the 26th day 
 of February, A. D. 1891, be and they are hereby authorized to bring 
 suit in the district court for the county in which said warrants were 
 issued against the school districts and the county for the purpose of 
 adjusting and determining the genuineness of said warrants and the 
 fact that the same were issued for services actually rendered or sup- 
 plies actually furnished for the use of the schools of said county. 
 
 Sec. 2. Any part or all of said warrant holders may unite in the 
 same suit as complainants and both the county and all the school 
 districts thereof shall he made defendants in such suit, and such 
 suit shall be brought on the chancery side of the court in the nature 
 of a bill in equity for an accounting, and the district court shall take 
 jurisdiction of the same and it shall be the duty of the district at. 
 torney to appear and defend said suits for the county and the school 
 districts or either or any of them shall be allowed to employ addi- 
 tional counsel. 
 
 Sec. 3. The county shall be described as the board of county 
 commissioners and process shall be served upon said board as now 
 provided by law, and the process upon the school districts shall be 
 served by delivering a subpoena or summons issued as in ordinary 
 cases upon the school superintendent of the county and the respect- 
 ive chairman of the school boards, whose duty it shall be to at once 
 notify the proper district attorney, who shall enter his appearance in 
 answer to said subpoena or summons and defend such suit as herein- 
 before provided. 
 
 Sec. 4. The proceedings in said cause shall be the same as in or- 
 dinary chancery cases, and upon a statement of account by the mas- 
 ter in chancery a decree shall be rendered therein determining the 
 amount of such indebtedness, who is entitled to receive the same, 
 whether the original persons to whom said warrants were issued or 
 by whom said services were rendered, or supplies furnished, or the 
 assignee thereof, and how much the holder thereof is lawfully 
 entitled to receive for the same, and thereupon a decree or judg- 
 
School Laivs of New Mexico. 
 
 .33 
 
 ment shall be rendered in favor of said persons for the amout of the 
 indebtedness so claimed against the county or district liable; and 
 the amount of such decree shall be paid out of the county school 
 fund where the warrant is a county debt, or out of the proper dis- 
 trict fund where the warrant represents a district indebtedness, and 
 if the same are insufficient to pay such indebtedness it shall by the 
 duty of the county commissioners or district school directors to levy 
 a sufficient tax at the time the general taxes are levied and cause 
 the same to be levied in like manner and at the same tim^ that gen- 
 eral taxes are collected for the purpose of satisfying and paying off 
 such decree or tax. 
 
 Sec. 5. The holders of any such warrants who may procure any 
 such decree in their favor may at their option accept bonds, interest 
 bearing obligations, to bear interest at the rate of six per centum 
 per annum, and due in ten years, payable in five years, in satisfac- 
 faction of such indebtedness, in lieu of causing the amount thereof 
 to be levied and collected as provided for in the foregoing section. 
 
 Sec. 6. The costs of any such suit authorized by this act shall be 
 divided equally by the court between the complainants in such suit 
 and the defendant, not including attorney's fee, but including the 
 fees of the district attorney, who shall be allowed such reasonable 
 compensation as the court may in its discretion fix, not to exceed 
 five per cent, of the amount recovered or involved in the suit: P7'o- 
 vided, hoivever, That if no judgment or decree should be rendered 
 in favor of the complainant or complainants, then the whole of the 
 costs of such suit shall be paid by the complainant or complainants. 
 
 Sec. 7. This act shall apply to suits now pending or any which 
 may be hereafter brought. 
 
 Sec. 8. This act shall be in force and effect from and after its 
 passage. 
 
 Paympnt. 
 
 General taxes. 
 
 Payment at 
 option of 
 holders. 
 
 Costs of snit 
 
 Application. 
 
 CHAPTER XXXIX. 
 
 AN ACT TO Provide for the Election of a Board of Education 
 IN Incorporated Towns not Laid off in Wards. H. B. 129; 
 Approved February 23, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Territory of Neiv 
 Mexico : 
 
 city board of education. 
 
 Section 1. That section 12 of chapter LXXVII of the Acts of Amendment of 
 the 29th Legislative Assembly, providing for the election of a Board tlrLxXYn^ 
 of Education, etc., be further provided: i-aws 1890-1.' 
 
34 
 
 School Laws of New Mexico. 
 
 Election. 
 
 Term of office. 
 
 Qualiflcatioiis 
 
 Repeal. 
 
 That all incorporated towns in the Territory not laid off in wards 
 shall at the next municipal election elect a Board of Education con- 
 sisting of three members, one of whom shall serve for the term of 
 three years, one for the term of two years, and one for the term of 
 one year, and thereafter at each annual election there shall be elected 
 one member of the board who shall serve for the term of three years. 
 P2ach member of the Board of Education shall be a qualified voter of 
 the Territory of New Mexico, and shall have resided in the district 
 at least two years next preceding the election, and shall be a tax 
 payer. 
 
 Sec. 2. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 Sec. 3. This act shall be in force from and after its passage. 
 
 CHAPTER L. 
 
 Supervision. 
 
 Objects. 
 
 Length of time. 
 Tuition free. 
 
 Time and 
 places. 
 
 Expenses, how 
 to be defrayed. 
 
 AN ACT TO Empower and Enable the Territorial Board of 
 Education to Organize and Hold Teachers' Normal Insti- 
 tutes. C. B. 129 ; Approved February 23, 1893. 
 
 Be it Enacted by the Legislative Assembly of the Territory of Neiv 
 Mexico : 
 
 teachers" normal institutes. 
 
 Section 1. The Territorial Board of Education is authorized and 
 directed to organize and conduct, or under its supervision cause to 
 be organized and conducted, during each of the years 1893 and 1894 
 five Territorial normal institutes, the leading objects of which shall 
 be better to educate teachers and those proposing to teach in the 
 branches required to be taught in the common schools; to train them 
 in the best and most approved methods of imparting instruction and 
 in managing and conducting schools; to acquaint them with the laws 
 of the Territory pertaining to education; and to stimulate profes- 
 sional enthusiasm. 
 
 Sec. 2. The length of time for which said institutes shall be held 
 shall be not less than eight weeks each. In them tuition shall be 
 free. 
 
 Sec. 3. Said institutes shall be held annually at such times as 
 said Board of Education shall deem most advantageous to the cause 
 of popular instruction and education, one in each of the following 
 places: Los Lunas, Valencia county; Mora, Mora county; Chama, 
 Rio Arriba county; Roswell, Chaves county; and F'ernandez de Taos, 
 Taos county, New Mexico. 
 
 Sec. 4. To defray the expenses of holding said institutes the Ter- 
 ritorial Auditor is instructed and it is hereby made his duty to make 
 and include each year in the annual levy for taxation for Territorial 
 
School Lawn of New Mexico. 
 
 35 
 
 purposes a sufficient levy to raise the sum of one thousand two hun- 
 dred and fifty dollars, which said amount shall be collected in the 
 same manner as other taxes for Territorial purposes, and when col- 
 lected said money shall be equally divided and used for the purposes 
 provided by this and upon the order of the Superintendent of Public 
 Instruction of this Territory. 
 
 Sec. 5. This act shall be in force and effect from and after its 
 passage. 
 
 CHAPTER LIX. 
 
 AN ACT TO AMEND Section 35 of Chapter xxv of the Session 
 Acts of 1891, Relating to School Funds. C. B. 121; Apj^roved 
 February 23, 1893. 
 
 Be it Enacted by the Legislative Assonbly of the Territory of New 
 Mexico : 
 
 temporary school funds. 
 
 Section 1. That section 35 of chapter XXV of the Session Acts 
 of 1891 be amended to read as follows: 
 
 That the following are hereby declared to be and are to be tem- 
 porary funds for common school purposes and shall be paid to the 
 county treasurer to be applied by the county treasurer to the gen- 
 eral school fund of each respective county: 
 
 First, The proceeds of all sales of intestate estates which escheat 
 to the Territory. 
 
 Second, All forfeitures or recoveries on bonds of county, precinct 
 or Territorial school officers. 
 
 Third, The proceeds of all fines collected for violation of the penal 
 laws. 
 
 Fourth, The proceeds of the sales of lost goods or estrays. 
 
 Fifth, All moneys arising from licenses imposed upon wholesale 
 and retail liquor dealers, distilleries, breweries, wine presses, which 
 now pay license or may hereafter be required to pay license. 
 
 Thirty-three and one-third per cent of all the moneys arising from 
 the above enumerated sources, when collected, shall be paid in to 
 the county treasurer to the account of the general county school 
 fund of each county in which collected. The collector or person pay- 
 ing in the above enumerated moneys to the county treasurer shall 
 receive from the county treasurer a receipt in full for the amount 
 paid in. 
 
 Sec. 2. The county treasurer shall notify the county superin- 
 tendent of public schools in their respective counties on the last day 
 in every month of all funds collected for school purposes in that 
 month. 
 
 Sec. 3. This act shall be in full force and take effect on and after 
 January 1, 1895. 
 
 Amendnieut of 
 sec. .5, chapter 
 XXV, Laws 
 1890-1. 
 Temporary 
 funds. 
 
 Intestate. 
 
 Forfeiture!- 
 Fines. 
 
 Lost and 
 estrays. 
 Liquor licenses 
 
 Amount to be 
 paid to County 
 Treasurer. 
 
 Notification to 
 County School 
 Superintend- 
 
36 School Laws of New Mexico. 
 
 U. S. STATUTES. 
 
 Forty-Ninth Congress, First Session. 
 
 CCCLXII. 
 
 AN ACT TO Provide for the Study of the Nature of Aluo- 
 HOLic Drinks and Narcotics, and of their effp:cts upon the 
 Human System, in connection with the Several Divisions 
 OP the Subject of Physiology and Hygiene, by the Pupils 
 IN the Public Schools of the Territories and of the Dis- 
 trict OF^ Columbia, and in the Military and Naval Acade- 
 mies, and Indian and Colored Schools in the Terri- 
 tories OF THE United States. 
 
 Be it Enacted by the Senate and House of Representatives of the 
 United States of America in Congress Assembled: 
 
 Section 1. That the nature of alcoholic drinks and narcotics, and 
 special instruction as to their effects upon the human system, in con- 
 nection with the several divisions of the subject of physiology and 
 hygiene, shall be included in the branches of study taught in the 
 common or public schools, and in the military and naval schools, and 
 shall be studied and taught as thoroughly and in the same manner 
 as other like required branches are in said schools, by the use of text 
 books in the hands of pupils where other branches are thus studied 
 in said schools, and by all pupils in all said schools throughout the 
 Territories, in the military and naval academies of the United States, 
 and in the District of Columbia, and in all Indian and colored schools 
 in the Territories of the United States. 
 
 Sec. 2. That it shall be the duty of the proper officers in control 
 of an ji^.school described in the foregoing section to enforce the pro- 
 visions of this act; and any such officer, school director, committee, 
 superintendent, or teacher, who shall refuse or neglect to comply 
 with the requirements of this act, or shall neglect or fail to make 
 proper provisions for the instruction required and in the manner 
 specified by the first section of this act, for all pupils in each and 
 every school under his jurisdiction, shall be removed from office, and 
 the vacancy filled as in other cases. 
 
 Sec. 3. That no certificate shall be granted to any person to teach 
 in the public schools of the District of Columbia or Territories, after 
 the first day of January, Anno Domini 1888, who has not passed a 
 satisfactory examination in physiology and hygiene, with special ref- 
 erence to the nature and the effects of alcoholic drinks and other 
 narcotics upon the human system. 
 
 Approved May 20, 188G. 
 
INDEX 
 
 ADJUSTMENT AND SETTLEMENT OP SCHOOL > 
 INDEBTEDNESS 
 
 Sec. Chap. Year. Pa^'e 
 
 Act applies 7 38 1893 3:3 
 
 Costs of suit 6 38 1893 33 
 
 Decree 4 38 1893 32 
 
 Duty of district attorney . .' 2 38 1893 32 
 
 Levy of general tax 4 38 1893 33 
 
 Payment 4 38 1893 33 
 
 Payment at option of holders 5 38 1893 1^3 
 
 Proceedings 4 38 1893 33 
 
 Service of process 3 38 1893 32 
 
 Statement of account 4 38 1893 32 
 
 Suits for recovery 1 38 1893 32 
 
 Suits to be brought in chancery 2 38 1893 32 
 
 Warrant holders may unite in bringing suit 2 38 1893 32 
 
 ASSESSMENT— 
 
 County assessor to make same on special tax levy. 34 25 1891 14 
 
 BOARD OF BOUNDARY COMMISSION— 
 
 Commissioners, to be appointed 33 25 1891 14 
 
 Duties 33 25 1891 14 
 
 Pay 33 25 1891 14 
 
 CITY BOARD OP EDUCATION— 
 
 Additional tax 22 77 1891 22 
 
 Amendment of Sect. 12, Chap. 77, Laws 1891.... 1 39 1893 33 
 
 Bond of clerk 21 77 1891 22 
 
 Bond of Treasurer 16 77 1891 21 
 
 Contracts 26 77 1891 23 
 
 Disposal of taxes collected 23 77 1891 23 
 
 Duties of clerk 20 77 1891 22 
 
 Duties of vice president 19 77 1891 22 
 
 Duties of president 18 77 1891 22 
 
 Duties of treasurer 16 77 1891 21 
 
 Election . 12 77 1891 21 
 
 Election 1 39 1893 34 
 
 Election to fill vacancy (proviso) .... 13 77 1891 21 
 
 Exceptions (proviso) 12 77 1891 21 
 
38 Index. 
 
 CITY BOARD OF EDUCATION— concluded. See. Chap. Year Page 
 
 General election 23 77 1891 23 
 
 Levy of city school tax 22 77 1891 22 
 
 Meetings 2i 77 1991 23 
 
 Members not entitled to pay or emoluments 17 77 1891 22 
 
 Organization 15 77 1891 21 
 
 Oath prescribed 36 77 1891 25 
 
 Pay of Treasurer 16 77 1891 22 
 
 Powers 14 77 1891 21 
 
 Qualifications 1 39 1893 34 
 
 Repeal of former acts 2 39 1893 34 
 
 Report 25 77 1891 23 
 
 Term of office 1 39 1893 31 
 
 Vacancy 13 77 1891 21 
 
 CITY SCHOOLS— 
 
 Adjacent territory may be attached 8 77 1891 20 
 
 Attached territory to elect members of Board of 
 
 Education 8 77 1891 20 
 
 Certificate of teachers (proviso) 13 25 1891 7 
 
 Children between 5 and 7 years of age 7 77 1891 20 
 
 Board of Education. (See city Board of Education) 
 Bonds. (See City School Bonds.) 
 
 City schools to be bodies corporate 9 77 1891 20 
 
 City schools to be non -sectarian'. 27 77 1891 23 
 
 City schools property to be exempt from taxation 28 77 1891 23 
 
 Compulsory school attendance 42 25 1891 16 
 
 Conveyance of property 10 77 1891 20 
 
 Diplomas. (See Diplomas.) 
 
 Equal taxation extensive to attached territory. . . 8 77 1891 20 
 
 Length of school month and day 44 25 1891 17 
 
 Length of school term 7 77 1891 J9 
 
 Procedure for attaching adjacent territory 8 77 1891 20 
 
 Procedure in property conveyances 11 77 1891 20 
 
 Repealof former laws..... 37 77 1891 25 
 
 Schools to be free 7 77 1891 19 
 
 CITY SCtJOOL BONDS— 
 
 Bonds to be submitted to vote (proviso) 29 77 1891 24 
 
 Elections 29 77 1891 24 
 
 Election for bonds 30 77 1891 24 
 
 Form of bonds 31 77 1891 24 
 
 Guaranty of bonds (proviso) 34 77 1891 25 
 
 Interest 29 77 1891 24 
 
 Interestdue 33 77 1891 25 
 
 Limit of denomination 31 77 1891 24 
 
 Limit of levy for interest (proviso) 32 77 1891 25 
 
 Register of bonds 35 77 1891 25 
 
Index. 39 
 
 Year Page 
 
 1891 
 
 24 
 
 1891 
 
 24 
 
 1891 
 
 24 
 
 1891 
 
 24 
 
 1891 
 
 24 
 
 1891 
 
 25 
 
 1891 
 
 IG 
 
 1891 
 
 16 
 
 1891 
 
 16 
 
 1891 
 
 11 
 
 1891 
 
 16 
 
 1891 
 
 16 
 
 1891 
 
 16 
 
 CITY SCHOOL BONDS- CONCLUDED. sec Chap. 
 
 Return of election for bonds 30 77 
 
 Sinking fund 32 77 
 
 Specifications on bonds 31 77 
 
 Pay levy for interest 32 77 
 
 Time limit of bonds (proviso) 29 77 
 
 Time limit for levy of sinking fund (proviso) 32 77 
 
 COMPULSORY ATTENDANCE— 
 
 Disposal of fines 42 25 
 
 No time of residence required 42 25 
 
 Penalty 42 25 
 
 Persons who can attend school 22 25 
 
 Poor children to be provided with books (Proviso) . 42 25 
 
 School must be attended for three months at least . 42 25 
 
 School directors to give written notice 42 25 
 
 School to be within two miles of residence (Pro- 
 viso) 42 25 1891 16 
 
 COUNTY BOARD OF EXAMINERS— 
 
 By whom appointed (proviso) 13 25 
 
 By whom constituted (proviso) 13 25 
 
 Grades of certificate (proviso) 13 25 
 
 Per diem pay (proviso) 13 25 
 
 Quorum (proviso) 13 25 
 
 Requirement of Spanish (proviso) 13 25 
 
 COUNTY SCHOOL SUPERINTENDENT— 
 
 Annual report 14 25 
 
 Apportionment of funds 13 25 
 
 Duties 12 25 
 
 No funds where school has not been taught three 
 
 months (proviso) 13 25 
 
 Notification to be given him of temporary funds. 2 59 
 
 Oath 12 25 
 
 Pay 3 77 
 
 Penalty for not making annual report 15 25 
 
 Procedure for forming new school district 14 25 
 
 Term of office 11 25 
 
 To be elected 11 25 
 
 To be a member of the county board of examiners 
 
 (proviso) 13 25 
 
 Vacancy of school directors to be filled by him.. . 20 25 
 
 Visits to school districts (proviso) 13 25 
 
 DIPLOMAS— 
 
 Issued by San Miguel College to be valid 1 31 
 
 Issued by Territorial institutions 10 19 
 
 1891 
 
 7 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 7 
 
 1891 
 
 7 
 
 1891 
 
 7 
 
 1893 
 
 35 
 
 1891 
 
 7 
 
 1891 
 
 19 
 
 1891 
 
 8 
 
 1891 
 
 8 
 
 1891 
 
 7 
 
 1891 
 
 7 
 
 1891 
 
 7 
 
 1891 
 
 10 
 
 1891 
 
 7 
 
 1893 
 
 31 
 
 1893 
 
 30 
 
40 Index. 
 
 EXEMPTION FROM TAXATION See. chap. Year Page 
 
 City school property 28 77 1891 23 
 
 Classes of exempt property 5 77 1891 19 
 
 Conditions of $200 limit 1 G 1893 26 
 
 Repeal of former laws 2 G 1893 26 
 
 Two hundred dollars limit 1 G 1893 2G 
 
 GAMING LICENSES- 
 
 Penalty (proviso) 1 30 1893 31 
 
 To be covered into county school fund (proviso).. 1 30 1893 31 
 
 NORMAL SCHOOLS— 
 
 Appointment of board of regents 3 19 1893 28 
 
 Board to be a body corporate 3 19 1893 28 
 
 Bond of secretary and treasurer 4 19 1893 28 
 
 Control 3 19 1893 28 
 
 Diplomas 10 19 1893 30 
 
 Duties of president 7 19 1893 29 
 
 Duties of secretary 7 19 1893 29 
 
 Funds, how to be applied 9 19 1893 29 
 
 Limit of indebtedness 9 19 1893 30 
 
 Meetings 5 19 1893 28 
 
 Organization 4 19 1893 28 
 
 Per diem pay and mileage 8 19 1893 29 
 
 Power of board of regents G 19 3893 28 
 
 Qualifications of regents 3 19 1893 28 
 
 Sites of normal schools 2 19 1893 27 
 
 Tax levy 9 19 1893 29 
 
 Title in fee simple 2 19 1893 28 
 
 Towns where to be established 1 19 1893 27 
 
 POLL TAX— 
 
 Clerk to collect tax 36 25 1891 15 
 
 County assessor to make poll tax lists 36 25 1891 15 
 
 Payment of poll tax not a requisite for voting. ... 2 2 1893 2G 
 
 REAL ESTATE— 
 
 School districts can take and hold property 39 25 1891 15 
 
 Site not to exceed one acre (proviso) 39 25 1801 15 
 
 Title by condemnation 40 25 1891 IG 
 
 Validity of transfers made 1 15 1893 27 
 
 SCHOOL BOOKS— 
 
 Adoption by Territorial Board of Education 1 64 1891 17 
 
 Contracts 1 64 1891 17 
 
 Exclusivepower of Territorial Board of Education 4 64 1891 18 
 
 Monthly settlements of accounts 2 64 1891 17 
 
Index. 41 
 
 SCHOOL BOOKS -CONCLUDED. see. chap. 
 
 Penalties 4 64 
 
 Recommendation of school books 7 25 
 
 Report 2 G4 
 
 Sale of books for cash 2 64 
 
 Supply 2 64 
 
 Time limit of books 3 64 
 
 SCHOOL DIRECTORS— 
 
 Certificate of election 19 25 
 
 Contracts to be made for amounts above $200 26 77 
 
 Duties .* 20 25 
 
 Election 19 25 
 
 Election of chairman 20 25 
 
 Election of clerk 20 25 
 
 Election for tax levy 22 25 
 
 Employment and pay of teachers (proviso) 22 25 
 
 Enumeration (proviso) 22 25 
 
 Estimate of expenses 22 25 
 
 Hours of election 19 25 
 
 Notice of election 19 25 
 
 Oath of directors 19 25 
 
 Penalties 22 25 
 
 Persons who can attend schools (proviso) 22 25 
 
 Powers 21 25 
 
 Qualification of voters 19 25 
 
 Report of clerk (proviso) 22 25 
 
 Special tax for sinking fund (proviso) , 22 25 
 
 Tax levy 21 25 
 
 Teachers' wages 21 25 
 
 Vacancies how to be filled 20 25 
 
 Validity of transfers made 1 15 
 
 Warrants not to be in excess of one year's levy 
 
 (proviso) 22 25 1891 10 
 
 SCHOOL DISTRICTS— 
 
 Boundaries. (See Board Boundary Commission.) 
 
 Certificate of enumeration (proviso) 41 25 
 
 Contiguous communities may form school district 41 25 
 
 Division of assets and liabilities 18 25 
 
 Each school district to be a body corporate 17 25 
 
 Establishment of school districts 16 25 
 
 Formation of new school district 18 25 
 
 Procedure for forming new school district 14 25 
 
 School district can borrow money 28 25 
 
 Studies to be taught 16 25 
 
 Validity of property, transfers made 1 15 
 
 Year Page 
 
 1891 
 
 18 
 
 1891 
 
 6 
 
 1891 
 
 17 
 
 1891 
 
 17 
 
 1891 
 
 17 
 
 1891 
 
 18 
 
 1891 
 
 9 
 
 1891 
 
 23 
 
 1891 
 
 10 
 
 1891 
 
 9 
 
 1891 
 
 10 
 
 1891 
 
 10 
 
 1891 
 
 10 
 
 1891 
 
 11 
 
 1891 
 
 11 
 
 1891 
 
 10 
 
 1891 
 
 9 
 
 1891 
 
 9 
 
 1891 
 
 9 
 
 1891 
 
 11 
 
 1891 
 
 11 
 
 1861 
 
 10 
 
 1891 
 
 9 
 
 1891 
 
 11 
 
 1891 
 
 10 
 
 1891 
 
 10 
 
 1891 
 
 10 
 
 1891 
 
 10 
 
 1893 
 
 27 
 
 1891 
 
 16 
 
 1891 
 
 16 
 
 1891 
 
 9 
 
 1891 
 
 9 
 
 1891 
 
 9 
 
 1891 
 
 9 
 
 1891 
 
 8 
 
 1891 
 
 12 
 
 1891 
 
 9 
 
 1893 
 
 27 
 
42 Index. 
 
 SCHOOL FUND— See. Chap. Year Page 
 
 Advertisement and sale of bonds 29 25 1891 13 
 
 Amendment of Sec. 13, Chap. 25, Law 1891 1 77 1891 18 
 
 Application of sinking fund (proviso) 30 25 1891 13 
 
 Apportionment 24 25 1891 12 
 
 Apportionment by county school superintendent. 13 25 1891 7 
 
 Bond of county treasurer 25 25 1891 12 
 
 Bond of Territorial Treasurer 26 25 1891 12 
 
 Bonds to be submitted to voters 29 25 1891 13 
 
 Bonds not sold 29 25 1891 13 
 
 Building bonds (proviso) 29 25 1891 13 
 
 Duty of tax collector 27 25 1891 12 
 
 Denomination and time limit of bonds 29 25 1891 13 
 
 Exemption. (See Exemption from Taxation.) 
 
 Form of bonds 29 25 1891 13 
 
 Fund to be paid to county treasurer 1 77 ]891 18 
 
 Former Indebtedness. (See Adjustment.) 
 Gaming. (See Gaming Licenses.) 
 
 How to be expended.. 24 25 1891 12 
 
 Interest on bonds 28 25 1891 12 
 
 • Levy for school purposes 31 25 1891 13 
 
 Limit of indebtedness 28 25 1891 13 
 
 Lowest selling price of bonds (proviso) 29 25 1891 13 
 
 No funds where school has not been taught for at 
 
 least three months (proviso) 13 25 1891 7 
 
 Penalty of tax collector 27 25 1891 12 
 
 Proceeds of &ale of bonds 29 25 1891 13 
 
 Requisites necessary to bond issue 32 25 1891 14 
 
 School districts can borrow money 28 25 1891 12 
 
 School tax 24 25 1891 11 
 
 Sinking fund levy 30 25 1891 13 
 
 Temporary funds. (See Temporary Funds.) 
 
 Time limit of school bonds 28 25 1891 12 
 
 Time limit of sinking fund levy (proviso) 30 25 1891 13 
 
 Territorial Auditor to keep separate account 27 25 1891 12 
 
 SCHOOL MONTH— 
 
 Length of day 44 25 1891 17 
 
 Length of month 44 25 1891 17 
 
 SCHOOLS NON-SECTARIAN 27 77 1891 23 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION— 
 
 Annualreport 9 25 1891 
 
 Appointment .* 3 25 1891 5 
 
 Archive 6 25 1891 6 
 
 Blanks and forms 8 25 1891 6 
 
Index. 43 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 
 — CONCLUDED. See. Chap. Year Paj?e 
 
 Delivery of office to successor 10 25 1891 7 
 
 Oath 5 25 1881 6 
 
 Office 10 25 1891 6 
 
 Publication of school laws 8 25 1891 6 
 
 Recommendation of text books 7 25 1891 6 
 
 Salary 3 25 1891 5 
 
 Secretary Board of Education 2 25 1891 5 
 
 Term 3 25 1891 5 
 
 To hold teachers' institute 6 25 1891 6 
 
 Traveling expenses 3 25 1891 5 
 
 Visits. 6 25 1891 6 
 
 TEACHERS'— 
 
 Amendment of Sec. 1 Chap. XII, Laws 1889 1 10 1893 27 
 
 Diplomas. (See Diplomas.) 
 
 Directors to employ teachers' (proviso] 22 25 1891 11 
 
 Examination. See County Board of Examiners. 
 
 Knowledge of Spanish 13 25 1891 8 
 
 Penalties for not keeping record ; 23 25 1891 11 
 
 Record of school 23 25 1891 11 
 
 Studies to be taught 16 25 1891 9 
 
 Term report 23 25 1891 11 
 
 Wages to be paid by school directors 21 25 1891 10 
 
 Warrants to be signed by two directors 23 25 1891 11 
 
 TEACHERS' NORMAL INSTITUTE— 
 
 Expenses, how to be defrayed 4 50 1893 34 
 
 Length of time 2 50 1893 34 
 
 Objects 1 50 1893 34 
 
 Supt. of Public Instruction to hold institute 6 25 1891 6 
 
 Supervision 1 50 1893 34 
 
 Time and places 2 50 1893 34 
 
 Tuition free 2 50 1893 34 
 
 TEMPORARY FUNDS— 
 
 Amended 35 25 1891 14 
 
 Amount to be paid to county treasurer 1 59 1893 34 
 
 Fines 1 59 1893 34 
 
 Forfeitures 1 59 1893 34 
 
 Intestate 1 59 1893 34 
 
 Liquor licenses 1 59 1893 34 
 
 Lost and Estrays 1 59 1893 34 
 
 Notification to county school superintendent 2 59 1893 34 
 
44 Index. 
 
 i 
 
 TERRITORIAL BOARD OF EDUCATION- Sec. chap. Year Page 
 
 Meetings 1 25 1891 5 
 
 Payment of expenses 2 77 1891 18 
 
 President 2 25 1891 5 
 
 Secretary 3 25 1891 5 
 
 Text book. See School Books. 
 
 TRANSFER OF SCHOOL PROPERTY - 
 
 Validity of transfers made 1 15 1893 21 
 
 UNITED STATES STATUTES— 
 
 Teaching of physiology and hygiene in reference 
 
 to alcohol and narcotics 30 
 
UNIYEESITY OF CALIFORNIA LIBRARY, 
 BERKELEY 
 
 THIS BOOK IS DUE ON THE LAST DATE 
 
 STAMPED BELOW 
 
 Books not returned on time are subject to a fine of 
 50c per volume after the third day overdue, increasing 
 to $1.00 per volume after the sixth day. Books not in 
 demand may be renewed if application is made before 
 expiration of loan period. 
 
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