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said Capitol Building, the architect shall have the same right to vote as any member of said board and shall have his vote counted the same as any member thereof, unless in case of a tie vote, and in such event the votes of the members of the board shall prevail over that of the architect. The said board may advertise for bids for the furnishing of supplies and materials, or they may ask for private bids, as to them may seem for the best interests of the Territory.
Sec. 4. It shall be the duty of said board, and it is hereby given full power and authority to construct an Executive Mansion as provided for in Section 1 of this act, which shall be constructed upon grounds now the property of the Territory, or which may be acquired by the Territory as herein provided, near the present Capitol Building, and at such point as to said board may seem most suitable, at a cost not to exceed the sum of ten thousand ($10,000) dollars, and it shall be constructed upon plans and specifications prepared by the architect and approved by the board; and the procuring of labor, skilled and unskilled, and all materials and supplies shall be obtained in the same manner and under the same conditions which apply to the construction of the said addition to the Capitol Building.
Sec. 5. The said board is hereby authorized and empowered to purchase in the name of the Territory of New Mexico, all the lands described in the first section of this act from the owners thereof, at such prices as to said board may seem reasonable and just to the owners and to the Territory, but in no event shall said board pay for all of said lands more than five thousand and five hundred dollars; and in case the board and the owners cannot agree, as to the price of said lands, then the Attorney General of the Territory shall immediately on such notice from said board begin proceedings to condemn all of said lands which said board cannot buy from the owners thereof in the manner now provided by law for condemnation proceedings; and the court passing upon such condemnation proceedings shall be limited in fixing the values of all of said lands, including that which may be purchased by the board and that which may be condemned, as herein provided, in any sum not to exceed the sum of six thousand dollars.
That immediately after the title of all of said lands shall become vested in the Territory, the board shall require the architect to prepare plans and specifications to improve and beautify said grounds in such a manner as to the board shall seem to the best interests of the Territory, which plans and specifications shall be submitted to and approved by the board; and all work thereafter shall be conducted under the supervision of the architect with the approval of the board.
Sec. 5. In the construction of the said addition to the present Capitol Building, and in the construction of the said Executive Mansion, and in the improvement of the lands herein mentioned to be purchased, and in all things pertain. ing thereto, it shall be the duty of the said Capital Improve. ment Board to use all convict labor, both skilled and unskilled, and to use all materials of all kinds whatsoever which can be done, performed, or supplied by the New Mexico Penitertiary; and it is hereby made the duty of the Board of Peni. tentiary Commissioners of the New Mexico Penitentiary, and the superintendent thereof to furnish on written notice from said Capital Improvement Board all labor of all kinds, including tools for performing such labor, and all materials of all kinds which can be done, performed, and supplied or furnished by the said authorities of said New Mexico Penitentiary at all times for the purposes stated in this act, so long as the same shall not be detrimental to the best interests and proper administration of the affairs of the said penitentiary. The superintendent of said penitentiary shall select and appoint all guards for the care of the convicts who shall be in charge of the convicts while laboring upon any of the things provided for in this act; and the said board shall pay to the proper authority the cost for such extra guard hire so furnished by said superintendent, and all guards and convicts so employed upon such works, shall at all times be under the control of the said superintendent of the penitentiary, except that the kind and character of work to be performed shall be under the supervision of the said Capital Improve. ment Board and the architect.
Sec. 6. That in order to enable said Capital Improvement Board to carry out and perform the duties and responsibilities herein before in this act conferred upon it, and to provide the necessary funds therefor, an issue of coupon bonds of the Territory of New Mexico is hereby authorized, to the amount of fifty thousand dollars ($50,000) the same to be known as the "Capitol Improvement Bonds of the Territory of New Mexico." Such bonds shall be in the
' usual form of coupon bonds, payable to bearer in the denomination of one thousand dollars ($1,000) each; twentyfive thousand dollars ($25,000) of said bonds shall be dated June 1, 1907; and twenty-five thousand dollars ($25,000) of such bonds shall be dated December 1, 1907; and all of such bonds shall bear interest at the rate of four per cent. per annum payable semi-annually on the first days of June and December of each year, at the National Bank of Commerce in the City of New York; such bonds shall be payable
absoluteiy in thirty years from their date, and the Territory shall have the right to pay and redeem them at any time after twenty years from their date. Such bonds shall be duly registered in the Territorial Bond Register Book in the offices of the Auuitor of Public Accounts and the Treasurer, and the Secretary of the Territory and shall make a minute on his record kept for such purposes, of the bonds to which he affixes the Great Seal of the Territory, such bonds shall be numbered consecutively from one to fifty, and shall be sold for not less than par, and in order to sell the same, such sale shall be advertised in not less than two daily newspapers published in the Territory of New Mexico, and in one daily paper published in the City of New York, such papers to be selected, and advertisements signed by the Treasurer of the Territory. Not more than two and one half per centum of the face value of such bonds shall be used for the expense of the preparation, printing, advertising and sale of such bonds. The proceeds realized from the sale of such bonds shall be turned into the territorial treasury by the treasurer who shall sell the same, and shall be deposited by him as a separate account to be known on his books as "The Capitol Improvement Bonds Fund," and shall be disbursed only on the order of the Capital Improvement Board created by this act, and under such regulations as such board shall determine.
Sec. 7. To provide for the payment of the semiannual interest on the bonds authorized by this act, the auditor of public accounts shall annually cause to be levied at the time of making the levy for other territorial taxes, beginning with the year 1907, on all the property in the Territory of New Mexico subject to taxation, a sum sufficient to produce the amount of such interest, and shall cause the same to be collected in the same manner and at the same time that other territorial taxes are paid; and to provide for the ultimate payment and redemption of said bonds herein authorized, the auditor of public accounts shall levy annually and cause to be collected, beginning with the year 1927, a tax on all property in the Territory of New Mexico subject to taxation, a sum sufficient to pay off annually five thousand dollars ($5,000) of such bonds, such last mentioned levy to be made at the same time and in the same manner, and collected in the same way as other territorial tax levies are made and collected, and the said auditor of public accounts shall duly certify such levy as well as the amount of the annual tax levy for the payment of interest on such bonds when the same shall become due, to the proper authorities charged with the levy of taxes in the several counties in the Territory of New Mexico whose duty
it shall be to see that such levies are duly made, assessed and collected as other taxes for territorial purposes.
Sec. 8. It shall be the duty of the auditor of public accounts on the presentation and filing with him of all vouchers, properly signed by the architect and approved by the said Capital Improvement Board, to issue his warrant on the territorial treasurer for the payment of such vouchers; and it shall be the duty of the treasurer to pay the same out of the said "Capitol Improvement Bonds Fund.”
Sec. 9. That the said board created by this act, shall under no circumstances or conditions whatever, enter into any con. tracts or incur any debt or liability whatsoever, on account of any of the things provided for in this act, in excess of the said sum of fifty thousand dollars ($50,000) herein provided for; and said board shall complete and finish all the work and improvements herein provided for, within the amount of said sum herein appropriated for that purpose.
Sec. 10. This act shall be in force and effect from and after its passage, and all acts and parts of acts in conflict with any of the provisions of this act are hereby repealed.
AN ACT PROVIDING A LIMITATION FOR ACTIONS UN MUNICIPAL
BONDS AND COUPONS. C. B. No. 123; Approved March 21, 1907.
Sec. 1. Limitations for.'actionsion municipal bonds.
Mexico: Section 1. No suit, action or proceeding at law or equity, for the recovery of judgment upon, or the enforcement or collection of, any bond of any county, city, town, school district or other municipality in this Territory, or upon any coupon thereto attached, shall be commenced except within ten years next after the date of the maturity of such bond or coupon, and all such suits or actions not so commenced shall be forever barred.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT TO PROVIDE FOR PAYING SALARIES AND EXPENSES OF
THE BOARD OF WATER COMMISSIONERS AND FOR OTHER
Sec. 1. Appropriation for salaries of Water Commissioners, etc.
Mexico: Section 1. For the payment of the salaries and expenses of the board of water commissioners and traveling expenses of the members of the said board and the territorial engineer, there is hereby appropriated out of the salary fund of the territorial treasury, the sum of thirty-five hundred ($3,500) dollars annually, or so much thereof as may be necessary, to be paid in the same manner as the salaries and expenses of other territorial officers.
Sec. 2. This act shall be in force and effect on and after its passage.
AN ACT AMENDING CHAPTER 101 OF THE ACTS OF THE LEGIS
LATIVE ASSEMBLY OF THE TERRITORY OF NEW MEXICO, 1905, RELATING TO THE NATIONAL GUARD OF NEW MEX: ICO. H. B. No. 125; Approved March 21, 1907.
Sec. 1. Amending Sec, 38, Chap. 101, Laws of 1605.
Mexico : Section 1. The first paragraph of Section 38 of Chapter 101 of the Acts of the Legislative Assembly of the Territory of New Mexico, 1905, is hereby amended so as to read as fol