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twelve, "April" for "June," in line fourteen, "April" for “June” in line twenty, “May” for "July” in line twenty-four, and "May” for “July" in line twenty-six.
Section 2, Chapter 4, Laws of 1901, is hereby amended by inserting the expression, "except in case of election to fill vacancy for unexpired term," after the word "for” in line two, and by substituting "May" for "July” in line four: Provided, however, that the term of office of school director elected for 1907 under the provisions of these amended acts shall begin on the first Monday in July, 1907, and end on the first Monday in May, 1908.
Chapter 73, "An Act to authorize the territorial board of education to issue certificates to normal institute conduct. ors, to harmonize the school laws of 1905, and for other purposes” is hereby repealed.
Sec. 31. Immediate Effect.-All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in effect from and after its passage.
AN ACT CREATING THE OFFICE OF INSPECTOR OF WEIGHTS AND
MEASURES IN THE SEVERAL COUNTIES OF THE TERRITORY
Sec. 1. Creating office Inspector Weights and Measures.
to secure standard. Appropriation for. Board of commissioners to secure
from. Sec. 3. Duties of inspector. Sec. 4. Dealer must give weight ticket. Sec. 5. Salary of inspectors. Sec. 6. Penalties for violations of this act. Sec. 7. Cities and towns must have inspector. Duties to be fixed. Be it enacted by the Legislative Assembly of the Territory of New
Mexico : Section 1. There is hereby created in each of the several counties of the Territory of New Mexico, now existing or which may hereafter be created, the office of Inspector of Weights and Measures.
Sec. 2. The board of county commissioners in each of the several counties of the Territory of New Mexico are hereby authorized and empowered to appoint in their respective counties an Inspector of Weights and Measures. The first appointment under this act shall be made by the several boards of county commissioners immediately after the passage of this act and said officer so appointed shall hold his office for the term ending the first Monday in January, 1909, or until his successor is duly appointed and qualified, unless sooner removed for cause by said board.
The Secretary of the Territory is hereby authorized and directed to purchase through the National Bureau of Standards as soon as possible after the passage of this act, a complete set of standards of weights and measures duly tested and certified to by said bureau, which set of standards shall be kept in the office of the secretary at the territorial capitol.
There is hereby appropriated out of any funds in the territorial treasury, except the interest fund, the sum of five hundred ($300.00) dollars for the purchase of said set of standards, which shall be paid upon warrant drawn by the territorial auditor supported by certified voucher of the Secretary of the Territory.
The board of county commissioners of each county in this Territory is hereby authorized and directed to purchase as soon as possible after the passage of this act, through the Secretary of this Territory, a complete set of standards for the use of the Inspector of Weights and Measures for such county, which set of standards shall conform as to accuracy with the territorial set of standards in the office of the Secretary of the Territory.
Sec. 3. It shall be the duty of the Inspector of Weights and Measures, appointed under the provisions of the preceding Section, before entering upon the discharge of his duties to take an oath as prescribed by law and furnish bond in the sum of one thousand dollars ($1,000.00), signed by two or more good and sufficient sureties, or by some bonding company authorized to do business in the Territory of New Mexico, to be approved by the board of county commissioners and to be conditioned for the faithful discharge of his duties. After taking the oath of office and furnishing bond as herein required, it shall be the duty of said inspector at intervals not less than five nor more than seven months apart to examine and test the accuracy of all weights, measures, scales and other devices used for weighing or measuring any article for sale which may be used in such a manner that the accuracy of them may be of pecuniary interest to any citizen other than the owner or user thereof; to stamp with a suitable seal to be prescribed by the board of county commissioners, each measure, scale, or other device for measurement or weight, which he may find to conform or which shall be made to
conform to the standard prescribed by the laws of the United States and of this Territory, and deliver to the owner thereof a certificate of the accuracy thereof; to seize in the name of the Territory all false weights, measures, scales, or other devices for measurement or weight, which he may find and which the owner shall refuse to have immediately made to conform to said laws; aud he shall keep a record of all scales, measures, or other such devices inspected by him, specifying date, place of inspection and the name or names of the person or persons for whom the inspection was made, and shall report his findings under oath to the board of county commissioners at the session next succeeding any tour of inspection.
Sec. 4. It shall not be lawful for any licensed dealer to sell or deliver any hay, coal, coke, charcoal, firewood or other fuel, unless the delivery of such article or articles shall be accompanied by a delivery ticket, signed by the person, firm or corporation selling said hay or fuel, stating in tons, fractional parts thereof or pounds avoirdupois the weight thereof in the vehicle used for said delivery, unless it be wood, when the quantity shall be expressed in cords or fractional parts thereof. Said tickets shall also state the name of the seller and purchaser, and said ticket shall be delivered to the purchaser of any such article by the seller in all sales of the same and at the time of delivery; and any such dealer who shall knowingly violate the foregoing provisions of this Section or who shall knowingly sell, deliver, or attempt to sell or deliver any short, false or fraudulent weight or measure of any of the articles herein before mentioned, sball be guilty of of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, and upon second conviction for a like offense his license shall be revoked and no license shall be granted to such dealer to engage in the same business or occupation for a period of one year thereafter.
Sec. 5. The salary of such Inspector of Weights and Measures shall be one hundred ($100.00) dollars per annum, payable semi-annually out of the current expense fund of the county wherein he is appointed, and he shall be allowed in addition to such salary the sum of fifty ($50.00) dollars for traveling expenses for each trip of inspection, and he shall collect in the name of the Territory from each person, partnership or corporation, the sum of fifty cents (50c) for each and every scale of every kind or character examined, tested and sealed by him, and the sum of twenty-five cents (250) for each and every measure tested by him, and shall after each trip of inspection, make under oath an itemized statement of all such moneys so colletced by him, which money shall be paid over by such inspector to the county treasurer of said county, and placed to the credit of the current expense fund, but no inspector shall receive any compensation other than the salary hereinbefore provided, and the fifty ($50.00) dollars traveling expenses for making each trip of inspection.
Sec. 6. Any person who sells or offers for sale any commodity whatsoever, by any false weight or measure, not corresponding with the weights and measures adopted by the United States government and in use by such government, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty five ($25.00) dollars nor more than one hundred ($100.00) dollars; and upon a second conviction for a like offense, any license under which he may be doing business shall be revoked, and no license shall be granted to such person to engage in the same business or occupation for a period of one year thereafter. Such person shall also forfeit to any person injured by the commission of such offense the sum of twenty-five ($25.00) dollars to be recovered in a civil action, either before or after conviction,
Sec. 7. The office of Inspector of Weights and Measures may becreated by any incorporated city, townor village, under this act, by ordinance, and his duties, fees, and emoluments fixed by said ordinance. Such ordinance shall otherwise conform to the provisions of this act. Whenever such office is so created by any municipality, the duties of the Inspector of Weights and Measures appointed by the board of county commissioners shall be confined to the parts of the county ontside of the city, town or village creating such office by such ordinance.
Sec. 8. 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 the date of its passage.
AN ACT TO AMEND SECTION 1527 OF THE COMPILED LAWS OF
NEW MEXICO. H, B. No. 169; Approved March 21, 1907.
Sec. I. Amending Section 1527, Compiled Laws of 1897.
Mexico: Section 1. That Section 1527 of the Compiled Laws of New Mexico is hereby amended so as to read as follows: "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 appointing a time and place for the first district meeting to select school directors to act until the following election; and he shall also furnish to the county clerk the description and boundaries of each school district as soon as practicable after the same is formed. Should there for any cause, be no meeting in the newly formed district to select school directors, then the county superintendent shall appoint school directors who shall act till their successors are elected as now provided by law, and all school directors heretofore appointed in a new district by the county superintendent, are hereby declared in all respects to be valid appointments. The school superintendent shall, on or before the 15th day of October of each year, make out and transmit in writing to the territorial superintendent, bearing date October 1st, a report containing a statement of the number of school districts in the county, the nuinber, 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 academies in the county as far as the same can be ascertained; the number, age and sex of pupils and teachers employed and the branches taught; 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