and any such persons using or attempting to use the same
until the rates, tolls, and charges are so paid or tendered shall
be deemed guilty of a misdemeanor, and on conviction thereof
before any justice of the peace having jurisdiction shall be
fined in any sum, for each offense, not less than five dollars,
nor more than ten dollars, said fine to go to the public school
fund of the county.
(District judge may issue a commission to inquire into
the lunacy or habitual drunkenness of territorial residents or
holders of real estate in the territory).
Sec. 1911. — Committee of Habitual Drunkard or Lunatic to
Apply Estate to Maintenance of Charge and Education of
The committee of said person found to be a lunatic or
habitual" drunkard, shall have the management and control
of his person and estate, and shall from time to time apply so
much thereof as may be necessary for support and main-
tenance of himself and family, and for the education of his
(If income insufficient, committee may apply part of
principal of personal estate under direction of court, or sell
of THE TERRITORY OF NEW MEXICO 93
REAL ESTATE OF MINORS.
Sec. 2055a. No person to convey property without providing for legiti-
Sec. 2055b. Probate judge may act in such cases.
Sec. 2055a. — Unlarcvful for Persons to Dispose of Property
ill Territory Without Making Provision for Suppoi't and
Education of Minor Children.
No person who has been, is now, or may hereafter be a
citizen of this territory, and who has departed from, or left
the same, and who shall have acquired, or may acquire, resi-
dence in any other part, leaving in this territory any legitimate
children under the age of twenty-one years, shall, either by
will or otherwise, sell, convey, nor in any manner dispose of
his or her property, real or personal, in this territory, unless he
or she shall first have made provision for the support and edu-
cation of said minor child or children, to the satisfaction of
the probate judge of the county wherein such child or children
shall be ; and any will contract, deed, or other instrument in
writing whereby it shall be proposed to convey any property
contrary to the provisions of this act, shall be and is hereby
declared, absolutely void and of no effect, and the same shall
not be recorded nor verified in any public record in this terri-
tory nor in any county thereof.
Sec. 2055b. — Probate Judge or Interested Party May Peti-
tion District Judge, ivho May, after Suit, Decree Sale of
Property for Support and Education of Minor Children,
and Appoint Guardian for Them.
That the probate judge of any county wherein such child
or children shall be, or wherein any such property of any such
person or persons shall be located, or any other interested
party, may file in the district court of such county a peti-
tion, addressed to the presiding judge thereof, stating that
such child or children of such person or persons is or are
within the county, and that such person or persons have prop-
erty in said territory, and that said property and the proceeds
thereof, or any part thereof, is necessary for the use of said
child or children for their own support and education ; and
that said property, or so much thereof as may be necessary for
91 COMPILATION or THE SCHOOL LAWS
said purposes, may be sold and applied for said uses, which
said petition shall be filed in said district court as a bill in
equity, and thereupon said suit shall be carried and determined
as other causes in equity in said court, and if the court shall
be satisfied that the proceeds of said property, or any part
thereof, shall be necessary for the support and education of
said child or children, the court shall decree in said cause,
directing the sale of said property, or so much thereof as may
be necessary for the proper sustenance and education of said
child or children, and shall appoint a proper person to act as
guardian of said child or children, who shall receive and dis-
burse the proceeds of any such sale; and said sales shall be
conducted and be made as other sales under a decree in equity
in said count.
• LAND GRANTvS.
Sec. 2178. — Money Prom Sale or Lease of Common Lands
of Commnnity Grants to Go to Public Schools^
The money arising from the sale, lease or other disposi-
tion of the common land of any such corporation (community
land grant) after defraying the expenses of such corporation,
may be by the board of trustees of any such corporation ap-
plied to the support and maintenance of free, non -sectarian
public schools within the limits of any such land grant or
Sec. 2279. — Superintendents of Territorial Military Schools
Having Uniformed and Equipped Cadets, to Serve on
Governor's Statf. Report of Annual Inspection of Such
Schools to Appear in Report of Adjutant General.
That all military schools within the territory, the cadets
of which are fully uniformed and equipped, shall be entitled
to have the superintendent of said school commissioned as
aide-de-camp on the stafT of governor and commander-in-
chief, with the rank of major, in addition to the number of
aide-de-camp hereinbefore provided for. The governor and
OF THE TERRITORY OE NEW MEXICO 95
commander-in-chief shall cause an annual inspection to be
made of the discipline, courses of study, and general manage-
ment of all military schools within the territory, a report of
which inspection shall appear in the "annual report of the ad-
(See Sections 2373-2388).
RENTS AND TOLLS OF WATER WORKS.
Sec. 25 H. — Proceeds of Rents and Tolls of Water Works in
Disincorporated Municipalities to be Applied in Various
Ways, Including Support of Schools.
All moneys which may be received as the proceeds, rents,
tolls or charges of any water works, water or other property
of such disincorporated city or town shall be applied : First,
to pay the employes provided for in the next preceding sec-
tion to keep such water works and other property in
repair ; second, to pay the interest on the funded indebtedness
of such corporation ; third, to create a sinking fund with which
to purchase, redeem or pay off such funded indebtedness or
any part thereof, from time to time as such board of county
commissioners may elect ; fourth, after all such funded indebt-
edness shall be paid, then to the support of all public non-sec-
tarian schools within the limits of such city or town as existed
at the time of such disincorporation, unless otherwise provided
by law ; such dispositions to be made in the order before stated.
(See sections 2523-2528).
(See sections 2611-2616).
OBSTRUCTION OF STREETS.
Sec. 2677. — Illegal to Impede Travel on Streets and Alleys
by Strnctures, Excavations or Obstructions, Though One-
Third of Street May be Occupied by Building Material.
It shall be illegal for any person to impede or obstruct
the free travel of the streets or alleys of any city or town of
96 COMPILATION OF THE SCHOOL LAWS
this territory; and any person or persons who shall obstruct,
impede or embarrass the free transit of any street or alley
within any town or city of this territory, either by the con-
struction of cow or sheep pens, or by excavations or any other
embarrassment or obstruction, of whatsoever nature it may
be, shall be liable to a fine in any sum not less than five dollars
nor more than ten dollars, on conviction thereof before the
justice of the peace of the respective precinct : Provided,
That every person actually occupied in the construction or
building of a house may use for his building materials one-
third part of the street or alley contiguous thereto.
Sec. 2678. — Justices of Peace to Cause Streets to be Cleared
of Cattle and Sheep Pens, Excavation and Impediments.
Justices Failing to Comply Liable to Fine.
It shall be the duty of the various justices of the peace
of the different precincts in this territory, as soon as they
receiA'e this act, to cause the streets or alleys of the towns or
cities within their respective precincts to be cleared, and all
pens, either for cattle or sheep, excavation or any other impedi-
ment to be immediately removed by the person or persons
maintaining the same; and if the person or persons keeping
such obstructions refuse to remove the same, said justice of
the peace shall cause said impediment or obstruction to be
removed at the cost of the person maintaining the same:
Provided, That if any justice of the peace of any precinct
of this territory shall fail to comply with the duties on him
imposed by this act, on conviction thereof, before the justice
of the peace of the county in which such refusal was com-
mitted, he shall be fined in any sum not less than five nor
more than ten dollars, for each time he may so be convicted.
Sec. 2679. — Fines Imposed Under This Act to Go to County
The fines imposed by virtue of the above sections shall be
paid info the school fund of the county in which the same
OF TIIK TERRITORY OF NEW MEXICO 97
Sec. 4125. Licen.se to be issued for what period.
Sec. 4141. Occupation tax imposed.
First — Peddler's license.
Second — Dealers in merchandise not exceeding $10,000.
Third — Dealers in merchandise $10,000-$20,000.
Fourth — Dealers in merchandise $20,000-$50,000.
Fifth — Dealers in merchandise $50,000-$75,000.
Sixth — Dealers in merchandise $75,000-$100,000.
Seventh — Dealers in merchandise over $100,000.
Sec. 4142. Real estate agents.
Hotels or inns, livery stable keepers and stage lines.
Places of amusement.
How applications for license to be made.
Licenses payable in advance.
Penalty for violation of provisions of act.
Laws regarding liquor and gaming licenses not affected by
Sec. 4152. Nickle-in-the-slot machines to be licensed.
Sec. 4153. Penalty for failure to comply with requirements of this act.
Sec. 4125. — Liquor License Taxes to be Collected Annually.
Officers Delivering License Before Tax is Paid, to Forfeit
to School Fund Double Amount of License.
(As amended). Every license herein provided for,
(liquor) shall be issued annually, to be issued and collected
and the proceeds to be disposed of as provided by law. Any
officer who shall deliver to the applicant any such license until
the tax thereon has been paid as herein provided, shall forfeit
to the said school fund double the amount of said license, to
be recovered upon the official bond of said officer.
Sec. 4141. — License Taxes to be Imposed Annually on Certain
Business, Half to Go to School Fund.
That a license tax or occupation tax, one-half to be paid
into general school fund, and one-half to the general current
expense fund of the respective counties, shall be imposed each
year upon the hereinafter mentioned business or avocations
carried on by any person within the Territory of New Mexico :
First (As Amended). Specifying Amount of Peddler's
Peddlers traveling on foot, or with one animal shall pay
two hundred and fifty dollars ; peddlers with two animals or
98 COMPILATION Of THE SCHOOL LAWS
more, three hundred dollars : Provided^ That each vehicle
used in such business by the same peddler shall require each a
separate license, and such license so issued to any peddler shall
only be good in the county in which the same may be issued.
All persons who may engage in any itinerate trade, by sample
or otherwise, selling at retail to individual purchasers who are
not dealers in the article sold, except in the selling of maps,
books, newspapers, fuel, fruits, and domestic machinery, shall
be considered peddlers within the meaning of this act.
Second (As Amended). Tax for Dealers in Merchandise^
Other Than Liquors, Whose Sales Do Not Exceed $io,-
000 Annually. ,
Dealers in merchandise other than liquors, whose annual
sales do not exceed three thousand dollars ($3,000.00) shall
pay a license tax of five dollars ($5.00) per annum. Dealers
in merchandise other than hquors, whose annual sales exceed
three thousand dollars ($3,000.00) and do not exceed ten
thousand dollars ($10,000.00) shall pay a license tax of ten
dollars ($10.00) per annum.
Third. — Tax for Dealers in Merchandise, Other Than Li-
quors, Whose Sales Run From $io,ooo to $20,000 An-
Dealers in merchandise, other than liquors, whose annual
sale exceeds ten thousand dollars, and do not exceed twenty
thousand dollars, shall pay a license tax of twenty dollars per
Fourth. — Tax for Dealers in Merchandise, Other Than Li-
quors, Whose Sales Run From $20,000 to $ jo, 000 An-
Dealers in merchandise, other than liquors, whose annual
sale exceeds twenty thousand dollars, and do not exceed fifty
thousand dollars, fifty dollars.
Fifth. — Tax for Dealers in Merchandise, Other Than Liquors,
Whose Sales Run From $50,000 to $15,000 Annually.
Dealers .in merchandise, other than liquors, whose annual
sale exceeds fifty thousand dollars, but do not exceed seventy-
five thousand dollars, seventy-five dollars.
OF TIIK TKRRlTCRY OF NEW MEXICO 99
Sixth. — Tax for Dealers in Merchandise^ Other Than Liquors,
Whose Sales Run Prom $y 5,000 to $100,000 Annually.
Dealer's in merchandise, other than liquors, whose annual
sale exceeds seventy-five thousand dollars, and do not exceed
one hundred thousand dollars, one hundred dollars.
Seventh. — Tax for Dealers in Merchandise, Other Than Li-
quors, Whose Sales Exceed $100,000 Annually.
Dealers in merchandise, other than liquors, whose annual
sale exceeds one hundred thousand dollars, one hundred and
Sec. 4142. — Real B tales and Collection Agents Working on
Commission to be Taxed $10 Annually. .
All real estate, or collection agents, or those who buy
and sell real estate on commission, or engaged in the collec-
tion of rents from real estate on a percentage or commission,
shall pay the sum or amount of ten dollars per annum.
Sec. 4143. — Insurance Agents Taxed $10 Annually.
All insurance agents, or those engaged in the business as
agents in soliciting or issuing life or fire insurance, shall pay
the sum of ten dollars per annum.
Sec. 4144. — (As Amended). — Taxes for Hotel and Restau-
rant Keepers, Owners of Livery Stables and Stage Lines
(As Amended). Keepers of hotels, inns or restaurants,
where food or lodging is provided, and whose annual receipts
exceed one thousand dollars, and do not exceed two thousand
dollars shall pay a license tax of twenty dollars per annum ;
those whose annual receipts exceed two thousand dollars, and
do not exceed five thousand dollars shall pay a license tax of
forty dollars per annum, and all whose annual receipts exceed
five thousand dollars, shall pay a license tax of sixty dollars
All keepers of livery or feed stables and owner of stage
lines shall pay a license tax of ten dollars per annum.
The provisions of this section shall not apply to private
boarding houses where food or lodging is not furnished to
travelers or transients.
100 COMPILATION OF" rut SCHOOL LAWS
Sec. 4145. — Pawnbrokers to be Taxed $250.
All pawnbrokers, or persons whose business is to trade
or receive by way of pledge or pawn, any kind of personal
property as security for the repayment of monoy loaned, or
advanced, shall pay a license tax of two hundred and fifty
dollars : Provided, That this section shall not apply, nor said
license tax be required of any person advancing money, and
taking such security, who shall not be regularly engaged in
such business of pawnbroker.
Sec. 4146. — Buildings and Premises for Public Amusements
to be Taxed, Unless Used in Whole or Part for Educa-
All persons who are the owners, or have under their con-
trol or management any building or premises used as a place
of public amusement or entertainment and who shall rent or
hire the same for theatres, public balls and public entertain-
ments for hire, where such hall or building has a seating
capacity of three hundred persons, shall pay a license tax of
ten dollars per annum, and where such hall or building has a
seating capacity of more than three hundred persons, shall pay
a license tax of twenty-five dollars per annum : Provided,
This shall not apply to any building used in whole or in part
as an educational institution.
Sec. 4147. — (As Amended). — Applicants for License Tax,
Other Tlian Liquors or Gaining Tables, to Pill Out Appli-
cation Under Oath. Duties of Assessor and County Clerk,
and Penalty for Delivering License Before Receiving Col-
(As Amended). Every person, firm or corporation who
is required to pay an occupation or license tax other than for
the sale of liquors or for games or gaming tables, shall, before
doing business, make out an application, under oath, stating
the names of the applicants, the character of the business for
which the license is desired, the place where such business is
to be conducted, the time the hcense is to run, and, if the
amount of the license tax is to be graded by the amount of
business to be done, or by any other condition relating thereto,
then such application shall also state the amount of busi-
ness done the preceding year, or if no business has been trans-
OF THE TERRITORY OE NEW Mt^fiO /^Y i,' \'hv\V] .'^
acted, then the approximate amount of the annual business
expected to be done by the applicant, or the conditions required
to be known in order to determine the license tax to be paid.
The application, when so made out, signed and sworn to
shall be presented to the assessor of the county in which the
business is to be done, who shall assess and fix the amount of
such license tax, and notify the applicant of the amount to be
paid. The applicant shall then pay the amount of such license
tax to tjie collector of the county, who shall issue a receipt
therefor and deliver the same to the assessor. Upon receiv-
ing such receipt, the assessor shall enter a description of such
application in the list required by section 4155 as amended in
section 5, of this act, and deliver the application collector's
receipt to the clerk of his county. The county clerk shall file
such application and receipt in his office for future reference,
and enter a description of such application in an index to be
kept for that purpose, and he shall then issue, under his hand
and seal, a license to do business setting forth the name of
the applicant, the kind of business to be transacted, the place
where such business is to be carried on, the amount of the
license tax imposed and the time the license shall expire, and
deliver the same to the applicant. The assessor shall be en-
titled to receive a fee of fifty cents for such assessment, and
the clerk shall receive a like amount for making out such
license, both fees to be paid by the applicant. Any county
clerk who shall issue and deliver any such license before receiv-
ing the collector's receipt for the license tax for the business
to be carried on, shall be deemed guilty of a misdemeanor,
and, upon conviction be fined not less than fifty dollars nor
more than one hundred dollars for each offense, and be sub-
ject to removal from office.
Sec. 4148. — License Taxes of This Act to be Paid in Advance,
and One-Half to Go to County School Funds.
The license tax provided for in this act shall be payable in
the current funds of the United States only, and payable in
advance, but such license may be applied for and taken out
quarterly, semi-annually or annually, and the amount of such
tax, when collected by the collector of the county, one-half
shall be paid over by him to the county treasurer for the use
of the school funds, and one-half to the said county treasurer
of the county to the credit of the current expense fund of
1(,"2 C0M.?II,ATION OF THE SCHOOL LAVVS
Sec. 4149 (As Amended). — Firms or Individuals Attempting
to Engage in Business IVithout Paying Requisite Tax, to
Forfeit Double Amount of Tax. Penalty for Refusal to
Take Out Business License.
(As amended.) Any person, firm, or corporation who
sha41 engage in or carry on any business or avocation, for
which a license is required without having paid such tax,
shall be required to pay double the amount of such tax for
the time which has expired from the beginning of such busi-
ness or avocation until a legal application for a license shall
have been made ; and if such person, firm or corporation shall
refuse or neglect to take out a license, and pay the penalty
above mentioned, for thirty days after receiving notice from
the assessor, a notice such as is required by section 4155 as
amended by section 5 of this act, shall be deemed guilty of a
misdemeanor, and, upon conviction, be fined any sum not
less than fifty nor more than one hundred dollars, or be im-
prisoned in the county jail not more than six months.
Sec. 4150. — Laz^'s Regarding Liquor and Gaming License N^ot
Affected by This Act.
The provisions of this act shall in no manner annul, repeal,
revoke, change, alter, or amend any of the laws of this terri-
tory respecting the licenses required of wholesale or retail
dealers in vinous, malt, or spirituous liquors, or the law regu-
lating the licensing games of chance, but shall only be applica-
ble to the business in the vocations herein especially mentioned.
Sec. 4152. — Operators of Nickel-in-the-Slot Machines to Pay
Annual License of $§o for County School Fund. Purely
Musical or Weighing Machines and Those Not Gambling
That all persons, firm, company, or corporation, owning,
operating, or conducting any nickel or penny-in-the-slot ma-
chines, or other slot machines, within the Territory of New
Mexico, shall pay an annual license of fifty dollars per year
for each and every one of such machines so owned, operated
or conducted, which license shall be issued by the probate
clerk and paid to the officer now authorized by law to collect
licenses, and shall be applied to the general ^county school fund :
Provided, That no nickel-in-the-slot machine used purely as a
OF THE TERRITORY OE NEW MEXICO -103 ""' /"K
musical instrument, for weighing or other similar purposes
and not as a gambling device or game of chance, shall be re-
garded as coming under the provisions of this act, and the
owner or operator of such last mentioned machines or ma-
chine shall not be required to pay license upon or for operating
the same. '
Sec. 4153. — Persons Failing to Comply With Requirements of
Preceding Section Liable to Fine, Which Shall Go to Gen-
eral County School Fund.
Any person, firm, company, or corporation who shall re-
fuse or fail to comply with the provisions of section four
thousand one hundred and fifty-two shall be fined by a fine of
not less, than ten dollars, nor more than one hundred, which
fine shall be collected by action as now provided by law for
the collection of fines, and when so collected shall go to the
general county school fund.
(See section 4176 et seq.).
(See sections 4177-4184).
104 COMPILATION OF THE SCHOOL LAWS
Territorial Educational Institutions.
COMPILED LAWS OF 1897, AS AMENDED.
Sec. 3S50 (As Amended). — Designated Territorial
The New Mexico College of Agriculture and Mechanic
Arts, the University of New Mexico, the New Mexico School
of Mines, the New Mexico Normal School at Silver City, the
New Mexico Normal University at Las Vegas, the New
Mexico Military Institute at Roswell, the New Mexico Insane
Asylum, the New Mexico Asylum for the Deaf and Dumb, the
New Mexico Institute for the Blind shall be known as Terri-
NEW MEXICO COLLEGE OF AGRICULTURE AND
Agricultural College and Experiment Station created.
When and where board shall organize.
Powers of regents.
Location of Experiment Station.
Assent of legislature given to act of congress giving money
ege for stations.
Power of board to enact laws for government of college.
Several departments intrusted to faculties.