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18.

C. 60. L. 87; March

For counties of the first class, two hundred and fifty dollars per annum.

For counties of the second class, two hundred dollars per

annum.

For counties of the third class, one hundred and fifty dollars per annum.

For counties of the fourth class, one hundred and fifty dollars per annum.

This section shall take effect January, 1899.

Sec. 6. The laws providing for county coroners are hereby repealed, to take effect on January 1st, 1899, and from and after said last mentioned date the office of county collector and county treasurer shall be consolidated, the duties of county collector to be performed by the county treasurer, and at the general election held in November, 1898, and thereafter, no person shall be elected to the office of coroner or collector in any of the counties of this territory.

Sec. 7. The treasurers of the several counties of this territory shall be ex-officio collectors for their respective counties, and shall have and perform all the powers and duties now provided by law for county collectors. They shall give bond as such treasurers and ex-officio county collectors in a. sum of not less than the amount of taxes collected during the previous year in their respective counties, which bond shall be approved by the district judges and the county commissioners of their respective counties. The treasurers and exofficio county collectors shall receive as full compensation for all services, four per cent. of the amount of taxes and licenses collected by them. All receipts issued by the treasurers of the several counties, for taxes, licenses or other collections paid to or collected by them shall be issued in duplicate, one of which receipts shall be given to the person or persons from whom such collection is made and the other shall be filed by the treasurer with the probate clerk and ex-officio clerk of the board of county commissioners, and the treasurer shall also keep in a book a record showing the number of each receipt, to whom issued, the amount, date, and for what purpose.

This act shall take effect January 1st, 1899.

Sec. 8. The county assessors of the several counties of this territory shall be allowed for their services, two per cent. upon all money collected upon assessments made by them, and no more under any circumstances whatever to be paid out of moneys collected on their assessment.

This section shall take effect January 1st, 1899, as to all assessments made after that date.

Sec. 9.

The probate clerks and ex-officio recorders of the several counties shall receive for their services:

For counties of the first class, one thousand dollars per an

num.

For counties of the second class, six hundred dollars per

annum.

For counties of the third class, four hundred dollars per

annum.

For counties of the fourth class, three hundred dollars per

annum.

As full compensation for all services as probate clerk and ex-officio clerk of the board of county commissioners, for keeping accounts with the treasurer and collector, and all other services rendered the county under the direction of the board of county commissioners.

Sec. 10. The sheriffs of the several counties of this territory shall be paid mileage at the rate of two cents per mile for the distance actually and necessarily traveled in serving any warrant, process, order, citation, summons or decree of any district court as now provided by law, except that for serving the grand and petit jury venires no mileage shall be paid, but they shall receive ten dollars for serving each venire.

For boarding prisoners confined in the county jail each sheriff shall be paid at the rate of forty cents per day each. This section shall take effect January 1st, 1899.

Sec. 11. Hereafter the judges of the district courts of this territory shall, as soon as the criminal docket for each term of the court is disposed of, cause commitments to issue for all prisoners sentenced to the New Mexico penitentiary at such term, and place the same in the hands of the sheriff of the county in which said court is held, who shall immediately convey said prisoners, all at one time, to the penitentiary. The sheriff shall be allowed the actual expenses incurred in conducting such prisoners to the penitentiary and returning therefrom, the sum of four dollars per day for said sheriff, and two dollars per day for each guard: Provided, That for the first three prisoners he shall employ only one guard, and one guard for each two additional prisoners, which compensation and expenses shall be paid by the territory as now provided by law.

Sheriffs of this territory shall receive no compensation or mileage for attendance upon justice of the peace courts, except in felony cases, or for attending meetings of the probate courts or county commissioners.

There shall be paid to each sheriff out of the county funds upon order of the county commissioners, not more than fifty dollars per month for jailer and not more than forty dollars per month for one guard in the jail, unless the district court shall certify that additional guards are absolutely necessary. This section shall take effect January 1st, 1899.

Sec. 12. All county and precinct officers shall be required to make and file with the probate clerks of their respective counties, quarterly statements showing in detail the amounts of all public moneys received, collected or disbursed by them, which said statement shall be verified by the oath of the officers making the same. Any officer knowingly making any false statement of the accounts herein provided for shall be deemed guilty of perjury and shall be punished as provided by law in other cases of perjury. Such statements shall be filed on or before the 1st day of January, April, July and October of each year; and any of said officers failing to make

18.

C. 60, L. 97: March

18.

C. 60, L. 97; March such statements as herein provided, may be removed from office by the county commissioners.

This section shall take effect September 1st, 1897.

Sec. 13. The county commissioners of the several counties of this territory shall receive the following compensa

tion:

For counties of the first class, three hundred dollars per

annum.

For counties of the second class, two hundred dollars per

annum.

For counties of the third class, one hundred and fifty dollars per annum.

For counties of the fourth class, one hundred and twentyfive dollars per annum.

And mileage at the rate of six cents per mile for each mile actually and necessarily traveled in going to and from regular meetings of said board.

This section shall take effect January 1st, 1899.

Sec. 14. The county commissioners shall receive no mileage or additional compensation for attending special or called meetings and any county commissioner who shall vote to approve any account, or order any money paid to any officer or individual, except as provided by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars, and the money so illegally ordered to be paid shall be recovered in a suit brought in the name of the county on his official bond.

Sec. 15. The proceedings of the several boards of county commissioners shall be published within twenty days after each meeting in some newspaper of general circulation, in the county in which such meeting is held, in English or Spanish or in both English and Spanish, such publication to be made but once, and the county commissioners shall allow for such publication not to exceed the following amounts:

For counties of the first, second, third and fourth classes two hundred and fifty dollars per annum.

Sec. 16. The county commissioners of the several counties of the territory are hereby authorized to levy taxes for current county expense purposes for the year 1898 not to exceed four mills on the dollar, and annually thereafter not to exceed three and one-half mills on the dollar upon the assessed value of all taxable property.

That portion of section two of chapter sixty-eight of the acts of [the] twenty-eighth legislative assembly of the Territory of New Mexico, which authorizes an additional levy of one-half of one mill for deficiency in the county current expense fund, is hereby repealed.

No district attorney shall receive any mileage or additional compensation to the salary now provided by law for attendance upon or advice to the county commissioners or other county officers, and no district attorney shall receive or retain any money collected in any suit brought by him on behalf of the territory or any county thereof.

Every district attorney, within sixty days after the passage of this act, shall execute and file in the office of the clerk of

the district for his district, a bond in the sum of five thousand dollars with sufficient sureties, to be approved by the district judge of the district in which the said district attorney prosecutes, or, in his absence, by any other district judge of this territory, conditioned for the faithful performance of his duties as such district attorney.

Sec. 17. The clerks of the district courts for the several judicial districts of the territory shall be paid a salary of twenty-five hundred dollars per annum as full compensation for all services rendered by him as such district clerk, which salaries shall be paid in the manner now provided by law, and that such clerks shall demand and collect in advance all fees payable as clerks' fees in any court, and shall promptly turn. the same over, quarterly, to the treasurer of the territory: Provided, That in making and certifying copies of all papers filed, records and transcripts, the clerk may charge and retain for his services in addition to his salary hereby allowed, the same fees as are allowed by the territorial statutes for similar services not to exceed ten cents per folio of one hundred words, said clerk first rendering an itemized statement of the same to the auditor of the territory and settling with him the accounts thereof. And no clerk shall be excused from paying into the treasury any fees due to the clerk in his district and so payable to the territory, unless he shall have first issued an execution for the same within three days after the same became due, and the same returned nulla bona, which fees shall be turned into and become a part of the salary fund: And provided, further, That the fees as provided in chapter sixty-nine of the session laws of 1889 shall be deducted from the salary of the clerks of the district court if not so collected and turned over or accounted for to the treasurer of the territory as provided in said act.

Every clerk of the district court now in office shall, within sixty days after the passage of this act, and every clerk hereafter appointed shall, before being qualified to perform the duties of said office, execute a bond to the Territory of New Mexico in the sum of five thousand dollars, to be approved by the judge of the district, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be filed in the office of the secretary of the territory.

Sec. 18. At all general and special elections held in this territory, the judges and clerks of election shall each be paid the sum of two dollars as full compensation for services in connection with each of said elections. Messengers appointed to convey the ballot boxes and poll books to the several precincts of the counties of this territory for such general elections, shall each receive as full compensation not to exceed five cents per mile, each way, for the actual distance necessarily traveled from the county seat to the place of holding such election; and the messenger appointed to carry the returns of such election, including the ballot box and poll books from each precinct of the respective counties to the county seat thereof, shall receive as full compensation for such service. not to exceed five cents per mile, each way, for the distance actually and necessarily traveled: Provided, That no compen

C. 60, L. 97: March 18.

18.

C. 60. L. 97; March sation or mileage shall be paid to judges, clerks or messengers for elections for justices of the peace, constables, mayordomos of acequias, or school district officers, where the same are not elected at the time of holding the general elections.

And hereafter justices of the peace shall receive the sum of two dollars per day for presiding over preliminary examinations in capital cases; and in no case shall they be allowed pay for more than two days in the trial of any such capital case, and shall receive the sum of one dollar per day for presiding over preliminary examinations in felony cases, and in no case shall they be allowed pay for more than one day in the trial of any such felony case, to be paid out of the county treasury, and shall not charge for more than one case each day.

Sec. 19. All delinquent taxes due the territory on the 1st day of July, A. D. 1895, are hereby declared to be the property of the respective counties in which the same are assessed, and when collected said taxes shall be paid to the general county fund of the several counties of this territory.

On all taxes now delinquent which shall be paid before July 1st, A. D. 1897, no interest shall be charged or collected: Prorided, This section shall not affect any suits now pending or judgments obtained. All taxes delinquent and unpaid after July 1st, A. D. 1897, the collector shall proceed to collect with interest as now provided by law.

Sec. 20. All acts and parts of acts in conflict with any of the provisions of this act, are hereby repealed, and this act shall take effect and be in force from and after its passage, except as hereinbefore provided.

For further law in respect to salaries of county officers see "Bateman Aet. chapter forty-two of the laws of 1897, compiled as sections two hundred and eighty-five to three hundred and six inclusive: especially sections two hundred and ninety-nine to three hundred and five inclusive.

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