CHAPTER X. AN ACT TO AMEND SECTION THREE THOUSAND FOUR HUNDRED AND NINETY-ONE OF THE COMPILED LAWS OF 1897, AND FOR OTHER PURPOSES. C. B. 32; Approved February 13, 1899. CONTENTS. Sec. 1. Amends section 3491 Compiled Laws 1897. Board of penitentiary commissioners, appointed by the governor. Power to remove. Sec. 2. Superintendent of the penitentiary shall be appointed by the governor. Power to remove. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That section three thousand four hundred and ninety-one (3491) of the Compiled Laws of New Mexico, compiled in the year 1897, be and the same is hereby amended so as to read as follows: [Section] No. 3491. The general government and management of the territorial penitentiary shall be vested in five commissioners who shall be called the board of penitentiary commissioners. Said commissioners shall be appointed by the governor by and with the advice of the legislative council, for the term of two years and until their successors shall be appointed and qualified. They shall all be appointed immediately during the present session of the thirtythird legislative assembly and their terms of office shall commence as soon as their commissions shall be issued to them by the governor. Hereafter during each session of the legislative assembly, the governor by and with the consent of the legislative council, shall appoint the successors of said commissioners, whose terms of office shall expire on the first day of March during such sessions, each of whom shall hold office for two years and until his successor is appointed and qualified, but the governor shall have power at any time to remove any of said commissioners and appoint their successors who shall hold for the unexpired term as herein provided. A majority of said board shall constitute a quorum. SEC. 2. The superintendent for the penitentiary shall be an officer of the Territory of New Mexico instead of employe as now provided by law, and he shall be appointed by the governor by and with the advice of the legislative council, and the said superintendent shall have and perform the same duties as now required by law, but the governor shall have power at any time to remove the superintendent and appoint his successor. The term of office of superintendent shall be for the period of two years from the date of his appointment and qualification, and until his successor shall be appointed and qualified. SEC. 3. All acts and parts of acts in conflict with the provisions hereof, are hereby repealed, and this act shall take effect and be in force from and after its passage. CHAPTER XI. AN ACT TO PROVIDE FOR THE CONSTRUCTION OF PUBLIC BRIDGES. S. H. B. 21; Approved February 14, 1899. CONTENTS. Sec. 1. County commissioners shall build bridges, on petition. Sec. 2. Defines the number of petitioners. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That upon the petition of the number of the tax payers on property mentioned in section 2 of this act resident in any county of the Territory of New Mexico to the board of county. commissioners in which they reside for the building of a public bridge in said county, it shall be the duty of such board, at its next regular meeting, to advertise for bids and specifications with plan or plans attached for the proposed bridge in some newspaper published in said county, such advertisement to be published for not less than four successive weeks and to contain a specification or description of the bridge together with a description of the place where the same is to be erected and the time within which it is proposed to build the same, and the time and place of offering bids, all bids to be accompanied by a bond in an amount to be fixed by said board of county commissioners, with two or more sufficient sureties thereto resident of the county in which the bridge is to be built, conditioned for the faithful performance of the conditions of the bid, the amount, terms and condition of the bond required to be also inserted in the advertisements for bids. SEC. 2. The number of tax payers on property necessary to the action of the board of county commissioners in any county upon a petition as mentioned in section 1 of this act shall be as follows: In counties of the first class, 500; in counties of the second class, 300; in counties of the third class, 200; and in counties of the fourth class, 100. SEC. 3. That upon the advertisement for any offering of bids as provided for in section 1. of this act, it shall be the duty of the board of county commissioners to accept and approve the lowest bid made in conformity with the provisions of the advertisement therefore, [thereof] and, upon the acceptance of such bid, they shall forthwith and at the time of the next annual levy of taxes for county purposes, make, levy and assess a tax in an amount necessary for the construction of the proposed bridge or bridges, and shall cause said tax to be extended upon the assessment rolls of the county for [the] current year, which tax shall be collected in the manner now provided by law for the collection of other taxes; provided, that no tax shall be levied in any county upon any annual levy in excess of the following named sums, viz: In counties of the first class, fifteen thousand dollars; in counties of the second class, ten thousand dollars; in counties of the third class, five thousand dollars; in counties of the fourth class, two thousand five hundred dollars; and provided, further, that no money so collected shall be used for any other purpose than for the construction of bridges. SEC. 4. The board of county commissioners may employ the county surveyor or some other competent person to supervise the erection of bridges, who shall be paid out of said bridge fund; provided, that the person so employed shall not be paid more than five dollars per diem for each day actually employed in the supervision of work in progress; and. further provided, that no bridge constructed under this act shall be paid for until the same has been duly approved by the person employed by the board of county commissioners to supervise the construction of the same and has been duly approved and received by said board of county commissioners. SEC. 5. No contract for the erection of a bridge under the provisions of this act shall be let for a greater amount than the limitation for the annual levy of taxing power mentioned in section 2. of this act but in the event the annual tax as levied does not produce the required sum for the erection of the proposed bridge, within the limitation aforesaid, then the board of county commissioners shall levv and collect a deficiency bridge tax to the amount of such deficiency in the next annual levy of the board. SEC. 6. This act shall be in effect from and after its passage, and all laws and parts of laws in conflict herewith are hereby repealed. CHAPTER XII. AN ACT TO AMEND SECTIONS 2640, 2641 AND 2644 OF THE COMPILED LAWS OF 1897. C. B. 37; Approved February 16, 1899. CONTENTS. Sec. 1. Amends section 2640 Compiled Laws 1897, concerning standard of petroleum oil and gasoline. Misdemeanors. Sec. 2. Sec. 3. Amends section 2641 Compiled Laws 1897, concerning sale of petroleum oil and Be it enacted by the Legislative Assembly of the Territory of New SECTION 1. That section 2640 of the Compiled Laws of 1897 be amended so as to read as follows: [Section] 2640: Any person or persons, firm, company or corporation, or any agent of any person or persons, firm, company or corporation, who shall transport or bring into this territory for sale or use, or who shall keep for sale or use or who shall sell or offer for sale or use any mineral or petroleum oil, or any oil fluid or substance which is a product of petroleum or into which petroleum or any product of petroleum enters or is found, as a constituent element either at wholesale or retail that is less than what is known as 120 degrees fire test or which has a specific gravity of less than forty-three, and any person or persons, firm, company or corporation, or any agent of any person or persons, firm or corporation who shall transport or bring into this territory for sale or use or who shall sell or offer for sale or use any gasoline, by or under whatever name it may be called, which has a specific gravity less than sixty-three shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than sixty days nor more than six months, or by both such fines and imprisonment at the discretion of the court trying the said cause. SEC. 2. That section 2641 of the Compiled Laws of 1897 be amended so as to read as folows: [Section] 2641: Any person or persons, firm, company or corporation or any agent of any person or persons, firm company or corporation who shall sell or offer for sale any miniral [mineral] or petroleum oil or any oil, fluid or substance which is a product of petroleum or into which petroleum or any product of petroleum enters or is found as a constituent element either at wholesale or retail, which is less than what is known as one hundred and twenty degress fire test or which has a specific gravity of less than forty three, and any person or persons, firm, company or corporation who shall sell or offer for sale any gasoline, by or under whatever name it may be called which has a specific gravity less than sixty-three, shall upon conviction thereof, be subject to the same fines and penalties imposed by section 2640. SEC. 3. That section 2644 of the Compiled Laws of 1897 be amended so as to read as follows: Section 2644: The inspector or deputy inspector is entitled to demand and receive from the owner of any oils or fluids inspected one cent for each gallon so inspected. It shall be the duty of each inspector to inspect all oils mentioned in sections 2640 and 2641 as amended by this act, that may be transported or brought into this territory for sale or use or which may be kept for sale or offered for sale or use for illuminating purposes, and keep an accurate record of such oils tested and branded by him which record shall state the date of inspection, the number of packages, barrels, casks or tanks inspected, the number approved, the manufacturers' brand, the name of the person for whom inspected, and the sum of money received for inspection, and such record shall be open to all persons interested in the same. And to more effectually carry out the provision of this act, it shall be lawful for the inspector or his deputies to enter into or upon the premises of any manufacturer, vendor, broker or dealer in such oils, and upon discovery of any of the oils mentioned in section [s] 2640 and 2641, as amended by this act, intended for sale or use for illuminating purposes, that have not been inspected and branded as required by law, they shall proceed to inspect and brand the same. In the month of January of each year the territorial inspector shall make and deliver to the governor of the territory a report of the inspection by himself and deputies during the preceding calendar year. SEC. 4. This act shall take effect and be in force from and after its passage. |