March 18.

Protest may be

filed.

C. 54. L. 97. § 19; retary of such board of trustees, in the name of and under the seal of such corporations, to execute all necessary documents to carry the same into effect, and such documents when so executed shall operate to bind all persons interested in such common property to the same extent as if each of such persons had separately signed, sealed and executed the same. § 2167. Every person interested in the common lands of such corporation who shall be dissatisfied with any sale, mortgage, lease or other disposition of any such common property so made by any such board of trustees may, on or before the regular meeting of such board of trustees held next after the meeting at which any resolution for any such sale, mortgage, lease or other disposition shall have been passed, file with such board of trustees a protest in writing against the carrying out of such resolution, and if a majority of the parties in interest shall so file a written protest against such action within the time aforesaid, such resolution shall be rescinded by such board of trustees and become void and of no effect.

When rescinded.
Id. § 20.

When trustees to be elected.

§ 2168. On the first Saturday in December next after rendition of any decree as provided for in this act, and every three years thereafter, there shall be chosen by ballot, by the owners and proprietors of such common lands, a board of trustees, having the qualifications and possessing the powers provided for in this act.

§ 2169. The election provided for in section two thousand one hundred and sixty-eight shall be held by three persons having all the qualifications prescribed by section two thousand one hundred and fifty-three for the persons appointed to hold the first election provided for in this act. Such persons shall be appointed by the justice of the peace of the precinct in which such land grant or real estate is situate; if such land grant or real estate shall be situate in more than one precinct, then such persons shall be appointed by the justices of the peace of the several precincts in which such land grant or real estate is situate: Provided, however, That if such justices of the peace cannot agree upon the persons to be appointed, such justices of the peace, or a majority of them if there be more than two, shall hold such election and certify the results thereof.

$2170. The nine persons receiving the highest number of the legal votes cast at any such election for trustees shall be declared elected, and shall receive from the persons holding such election, a certificate of election which will authorize them respectively to discharge the duties of such board of trustees for the term of three years, and until the election and qualification of their successors.

§ 2171. If a vacancy shall occur in any such board of trustees, the qualified members thereof remaining shall fill such vacancy by appointment, to be made at the regular meeting of such board, and the person or persons so appointed shall hold their office until the next general election for members of such board and until the election and qualification of a

successor or successors.

§ 2172. All officers of any corporation created under this act shall serve without pay or emolument of any kind, and no

C. 54, L. 97, § 25: March 18.

Trustees have no control over lands

officer during his term of office shall make any contract with, or be interested in any contract made with such corporation. $2173. The board of trustees of any corporation created under this act shall have no power or control over the lands claimed in private within the exterior boundaries of any such grant, which are held or claimed in private ownership, except hereinafter provided.

ownership.

Id. § 26.

When trutees may institute ejectment

§ 2174. If any person or persons shall hold in possession or claim in private ownership, within the exterior boundaries suit. of any such land grant or real estate, any tract, piece or parcel, or any tracts, pieces or parcels of land, when in the opinion of any such board of trustees such person or persons had no right to hold the same, such board of trustees may institute, in the name of the corporation, an action of ejectment against such person or persons, and if, upon the trial of any such action, it shall appear that the possession or claim of any such person or persons is without right, judgment shall be entered in favor of such corporation for the possession of such tract, piece or parcel of land, and for such damages as may be proved to have been sustained by such corporation by the wrongful detention thereof.

Id. § 27.

Courts: Jurisdiction conferred upon;

§ 2175. The several courts of this territory exercising chancery jurisdiction shall, under the practice of courts of to prevent trespasschancery, entertain bills of complaint, filed by any such board es. of trustees to prevent trespassers upon the common lands and common waters of any such corporation, if it shall appear that the complaints are without a plain, speedy and adequate remedy at law, or that the persons committing such trespasses are insolvent or unable to respond in damages to such corporation for the injury alleged.

§ 2176. Any person or persons who have not an unquestioned paper title, holding or claiming in private ownership any tract or tracts, piece or pieces, parcel or parcels of land within the exterior boundaries of any such land grant or real estate may, within two years after the election of the first board of trustees of any corporation created under the provisions of this act, file with such board of trustees a petition in writing, setting forth a description of such land according to an actual survey thereof, and the nature and source of his title, and praying that such land may be conveyed and confirmed to him by such board of trustees, and thereupon it shall be the duty of such board of trustees to examine such petition and the evidence offered in support thereof, and if the claim or claims of such person or persons shall, in the opinion of the majority of such board of trustees be sustained by the evidence, such board of trustees shall immediately convey to such person or persons and his or her heirs and assigns, the land described in such petition, or so much thereof as is shown by the evidence to belong to such person or persons: Provided, however, That if such board of trustees shall fail or refuse for any reason to make such conveyance, such person or persons shall have the right to file in the district court of the proper county a bill of complaint in chancery against such corporation, praying that such board of trustees shall be compelled to convey and confirm to such per

Id. § 28.

Persons holding

paper title, may file petition with trusfirmation of their

tees. asking con

title.

Proviso.

March 18.

C. 54, L. 97, § 29: son and his heirs and assigns the property so claimed and held in private ownership, and if upon the hearing of such cause it shall appear that such person or his grantors is entitled under the law, usage or custom of Spain, Mexico, the Territory of New Mexico or the United States, to such land, a decree shall be entered in such cause requiring such board of trustees to convey and confirm the same to such person, his heirs and assigns.

When to conclude against adverse claimants.

Id. § 30.

How proceeds disposed of.

Id. § 31.

How act to be construed.

Id. § 32.

Fees of district clerk.

Id. § 33.

$2177. Any conveyance made in pursuance of the provisions of this act shall operate to conclude all persons claiming the lands described therein, by, through or under the original title upon which the owners or proprietors of any such land grant or real estate base their claim thereto.

§ 2178. The moneys arising from the sale, lease or other disposition of the common land of any such corporation, after defraying the expenses of such corporation, may be by the board of trustees of any such corporation applied to the support and maintenance of free, non-sectarian public schools within the limits of any such land grant or real estate.

§ 2179. Nothing contained in this act shall be construed as in any manner affecting any sale, mortgage, conveyance, lease or other disposition of any common lands heretofore made by any person or persons claiming or pretending to act on behalf of any owners or proprietors of any common lands within this territory, but all such sales, mortgages, leases and other disposition of any such common lands shall be construed and acted upon as if this act had never been passed: Provided, however, That any body of persons heretofore claiming to exercise corporate powers in the disposition of common lands of the character described in this act, may perfect their organization under the terms and provisions of this act, and after the entry of a decree by the district court creating such corporation, all acts done in good faith by such persons under pretense of such corporate authority before the passage of this act, shall thereby be and become valid and binding upon such corporations in all respects, as if the same had been done and performed in strict accordance with this act.

§ 2180. The clerk of the district court shall receive, for all services required to be performed by him under the provisions of the first twelve sections of this act, the actual cost of the printing, stationery and postage necessary to be expended by him under the provisions of said section, and the further sum of ten dollars and no more,, all of which shall be paid at the time of the filing such petition by the petitioners; for all services rendered in any action or proceeding by the clerk of the district court under the provisions of sections two thousand one hundred and seventy-four, two thousand one hundred and seventy-five and two thousand one hundred and seventy-six of this act, such clerks shall be entitled to demand and receive five dollars, and no more, to be paid at the time of the institution of such action or proceeding by the party instituting the same.

§ 2181. That whenever the words, owners, and proprieDefinition of own- tors, or equivalent expressions occur in the foregoing act, they shall in all cases be construed to mean the members of the

ers and proprietors.

colony community or town to which said grant was originally made, or their successors, including all persons residing within the exterior boundaries of such grant, and who shall have been in occupation and adverse possession of any part or portion of said grant for a period of not less than two years prior to the passage of this act, and all persons who shall have improved any portion of said grant and paid taxes on the same for two years prior to the passage of this act.

C. 54. L. 97, § 34: March 18.

Legal and equitable title to vest in

§ 2182. That in all cases wherein the judge of the district court shall by his decree create a body politic and corporate corporation. under the provisions of this act, such action shall be final and conclusive and shall operate to vest in the said corporation and body politic the legal and equitable title to all the lands within the exterior boundaries of such grant to which such town or colony community is entitled at the time of the passage of this act, and such corporation shall have full power and authority to obtain and hold all evidence of title to such lands and manage and dispose of any and all of such lands in accordance with the foregoing provisions of this act.

Id. $ 35.

Act not to affect land further than

grants.

§ 2183. This act shall not be held or construed to affect any grant of land which is not strictly a colony community colony grant or a grant to a town or municipal corporation, and when there shall arise the question as to whether the grant which it may be claimed comes under the provisions thus sold or not, such question shall be decided by the district court, subject to review in the supreme court in an appropriate proceeding, and no proceeding under the provisions of this act shall be held or construed to affect any grant of land or part or portion thereof where the same was made to an individual or individuals in his or their individual right, or where the same has been confirmed or patent issued for the same to any individual or individuals, or his or their heirs or assigns or any or all of them.

Id. § 36.

Definition of common property or

§ 2184. Where the words, common property or common lands, are used or mentioned in this act, or where property common lands. or land is herein referred to as held and owned in common, or words of the same import used in this act, they shall be construed and held to be, mean and intend to include only such lands as have been granted heretofore to a colony community or town, and which under the terms of this act shall be vested in a corporation hereby authorized to be formed; but when any real property may be held or claimed to be held by any individual or individuals in trust, expressed or implied, for the use or benefit of any colony, community or town, such fact shall not prevent the organization of a corporation under this act, but such corporation may be formed and organized on such facts being made to appear to the district judge or district court, and such corporation shall then be authorized to commence proceedings in the district court to have such trust declared and divested, and such property or land decreed to be held by the corporation, free and discharged from such trust, and the court shall be authorized to enter such decree if justified by the law and facts of the case.

§ 2185. This act shall not operate to divest any private rights or affect any private titles, but shall extend only to land

Id. § 37.

Act not divest

private rights: exor colony grants.

tends only to pueblo

C. 87. L. 91. § 1; grants made to a pueblo or colony or for the public use of a

Feb. 26.

establish title.

brought by joint the whole land, and borne in proportion.

owners, be a lien on

community.

Costs of suit to § 2186. Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall bring suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate, and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred in the prosecution of such suits, including reasonable attorney's fees, actually expended by him, shall be and remain a charge against the real property so affected of such co-owners, with lien in proportion to the several amounts of land claimed by each, and such proportionate charge shall be collected, with interest at the rate of twelve per cent. per annum additional, as a charge or lien upon the real property of such co-owners which was beneficially affected by such suit, and none of such real estate so beneficially affected shall be exempt from said charge or lien by virtue of any execution or forced sale exemption law in force in this territory.

C. 37. L. 93, § 1: Feb. 23.

Bourd of trustees.

C. 42. L. 89, § 1: Feb. 12.

Members of board.

§ 2187.

That there shall be, and there is hereby created, a board of trustees, which shall consist of three persons, who shall have the management, control and supervision of the territorial library.

S2188. That said board of trustees shall consist of the judge of the district court in and for the County of Santa Fe, who shall be ex-officio chairman of said board, and said district judge shall have power, and it shall be his duty to ap point two other persons, residents of Santa Fe, New Mexico