or any district thereof, for his services under any law of this territory, shall be deemed guilty of false personation, and, upon conviction thereof before any court of competent jurisdiction, shall be punished by imprisonment in the territorial penitentiary for any period not less than three years, and not more than five years, at the discretion of the jury, and shall thereafter be forever disqualified from holding any office of trust or profit under the laws of this territory.

C. 144, L. 89, § 1; Feb. 28.

No person to be paid except ap

§ 2583b. That it shall hereafter be unlawful for any territorial auditor or treasurer, or for any county treasurer, to pointed as above. audit or pay any claim or account for compensation, made by any person for fees or salary for services as a solicitor general, or attorney general, or assistant attorney general, or district attorney in this territory, who has not been duly chosen, selected, elected, or appointed, to the office of solicitor general or district attorney, under, and in accordance with the provisions of the above sections; and any territorial auditor, or territorial treasurer, or county treasurer, who shall audit or pay any claim or account, in violation of the provisions of this act, shall be deemed guilty of misfeasance in office, and, upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not less than one thousand dollars, and not more than five thousand dollars, at the discretion of the jury, for each and every offense: Provided, That any money paid as fees or salary, or as compensation for his services to any person who, under the provisions of this act, is prohibited from receiving the same, shall accrue to and be the property of the officer who, under the provisions of the said section, is entitled to receive the same, and may be recovered by an action of law.

$ 2584. The district attorneys of the districts of Dona Ana, Socorro and Lincoln, Chaves and Eddy, shall receive salaries, to be paid by the territorial treasurer quarterly, on the warrant of the auditor, as follows, to-wit: The district attorney for the district of Socorro county, four hundred dollars per annum; the district attorney for the district of Lincoln, Chaves and Eddy counties, five hundred dollars per annum; and the said attorneys shall also receive all fees now fixed by law to be paid district attorneys.

Id. § 2.

Salary.

C. 76. L. 91, § 1: Feb. 26.

District attorney for county of Lin

§ 2585. That there shall be a district attorney, learned in the law, nominated, and by and with the consent of the legis coin. lative council, appointed by the governor for the County of Lincoln, in the Territory of New Mexico, and the said County of Lincoln is hereby made and declared for the purposes in this act, a district attorney district; and the said attorney so nominated shall be a resident of the said County of Lincoln, and shall reside therein after his appointment and during his term of office; and shall hold his office for a term of two years from the date of his appointment: Provided, That no person shall be appointed under the provisions of this act who shall have not lived in the Territory of New Mexico for two years Fes. 28. next preceding the date of his appointment.

$2586. The district attorney for the said district of Lincoln county, shall receive for his compensation, to be paid by the territorial treasurer quarterly, on the warrant of the

Proviso.

C. 16. L. 95, § 1;

Compensation.

Feb. 28.

C. 16, L. 95, § 2 auditor, the sum of two hundred dollars per annum, to be deducted from the salary now provided by law to be paid to the district attorney of Lincoln, Chaves and Eddy counties: Provided, That in addition to the said compensation to be paid by the Territory of New Mexico, the said district attorney shall receive a salary of two hundred dollars per annum, to be paid quarterly by the county commissioners of the said County of Lincoln from the county's fund thereof: and the said district attorney shall also receive all fees now fixed by law to be paid district attorneys in this territory.

When informations are to be dis

missed or nolle pros. entered except on plea of guilty or trial upon merits.

§ 2587. Hereafter whenever any information which may have been filed in any criminal case in the district court shall be dismissed or quashed upon demurrer or motion to quash, or shall be dismissed by the territorial attorney or prosecuting attorney or a nolle prosequi entered in the same, or shall be in any other manner determined, except on a plea of guilty or a trial upon the merits, it shall be unlawful for the territorial attorney or prosecuting officer to make any charge in said cause on account of his services or otherwise, against the territory, and all services rendered in such cases by any Information must clerk from and after the passage of this act, shall not be charged for by him against the territory, when the information has not been supported by the affidavit of some one showing probable cause.

be supported by affidavit.

C. 34. L. 89. $ 1: Feb. 8.

Suit for taxes not

to be commenced

than one hundred

$2588. Hereafter in this territory, the attorney general when amount is less or district attorneys shall not commence and prosecute any suits for taxes, or for the enforcement and collection of taxes, in any case where the amount of such tax is less than one C. 52. L. 89. § 1; hundred dollars.

dollars.

Feb. 14.

No mileage allowed to district attorney.

§ 2589. 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 to retain retain any money collected in any suit brought by him on be half of the territory or any county thereof.

Not money collected.

To give bond.

C. 80. L. 97, § 17: March 18.

Fees of district attorneys.

89, C. 36.

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 attor ney 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.

§ 2590. The district attorneys shall be allowed fees as follows, to be taxed and paid as now provided or as may hereAmended. §. L. after be provided by law: For their services in all actions which it is or may be made their duty by law to prosecute or defend, five dollars; for a conviction of murder in the first degree, twenty dollars: for a conviction of murder in any other degree and of persons permitting gaming, fifteen dollars; for a conviction of any other felony and of persons for keeping or maintaining a gaming table, or for riot, ten dollars: for a conviction in all other cases, five dollars, and five per cent. of the amount collected in any civil proceeding.

L. 1876, chap. 24. § 2: Jan. 14.

Auditor: duties of.

§ 2591. The auditor of public accounts shall audit, adjust and settle all claims against the territory payable by law out of the treasury; he shall draw all warrants on the treasury for money: he shall express in the body of every warrant the particular fund appropriated by law out of which the same is to be paid; audit, settle and adjust the accounts of all collectors of revenue and other holders of public money who are required by law to pay the same into the territorial treasury; keep an account between the territory and the territorial treasurer: report to the legislative assembly at the commencement of each regular session a full and detailed statement of the revenue and expenditures for the preceding year, and a full and detailed estimate of the revenue and expenditure for the succeeding year, and a tabular statement showing separately the whole amount of each appropriation of money made by law for the year preceding, the amount :July 14, 1851. paid under the same, and the balance unexpended.

Reports.

Statement.

C. L. 1865, chap. 102,

Auditor may administer oaths in

C. L. 1865, chap. 102,

§ 13: July 14, 1851.

§ 2592. The auditor, whenever he may think it necessary to the proper settlement of any account, may examine the certam cases. parties, witnesses and others on oath or affirmation, touching any matter material to be known in the settlement of such account, and for that purpose he may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner as courts of law may do, and he is hereby authorized to administer all such oaths or affirmations. $ 2593. The auditor, in conformity with this act, shall approve the accounts for and draw his warrants upon the treasury for the sums of money hereby authorized to be paid, and the treasurer shall pay such warrants out of any funds in the $45: Jan. 26, 1963. Tr. treasury not otherwise appropriated.

Warrants, issue of

ordered.

C. L. 1865, chap. 102,

C. L 1865. chap. 102,

§ 47; Jan. 26, 1863. Tr. Officers to furnish

certificates.

Payment prohibited: when.

Id. § 50.

Auditor to cause suits to be brought.

C. L. 1865, chap. 102. § 9: Dec. 1847.

Limitations.

§ 2594. It shall be the duty of every officer who holds, under the laws of this territory, an appointment authorizing him to receive his pay from the treasury of the territory, to furnish to the auditor of public accounts a certificate thereof, authenticated by competent authority, setting forth the date upon which he entered upon the discharge of his duties.

$2595. The auditor of public accounts is required and directed not to audit or draw a warrant for the payment of any of the persons herein included, until such person shall first comply with the provisions of this act, under penalty of being responsible for all warrants that may be by him issued.

§ 2596. It is hereby made the duty of the auditor of public accounts to cause suits to be brought against all collectors, clerks, or other persons, who have failed to collect, or who have failed or neglected to pay into the territorial treasury, any public moneys.

§ 2597. The auditor shall only audit, and the treasurer only pay out of the territorial treasury the salaries of the auditor and treasurer, and all other salaries provided by law; and such other sums of money as have been expressly allowed by acts which have or may be passed by the legislative assembly 102. § 31: Jan. 9, 1852 of this territory.

C.

L. 1865. chap,

Claims against the territory; proced

ure.

Id. § 32.

Auditor required to audit accounts of treasurer.

C. 61. L. 93, § 16: Feb. 23.

Auditor authorized to employ clerk.

C. 23. L. 1893, §

Feb. 13.

Forms, printing of.

§ 2598. All other claims against the territorial treasury shall be presented to the auditor for allowance, and be by him reported to the next legislative assembly, and such claims shall not be audited nor paid until their payment has been authorized by a legislative enactment of the Territory of New Mexico.

§ 2599. The territorial auditor is hereby authorized and required to audit the accounts of the territorial treasurer, covering the disbursements made by the treasurer, in connection with the payment of the interest on the territorial bonded debt in excess of the appropriations heretofore made for that purpose, and to credit the treasurer, in his accounts with the territory, such sums as the auditor may find to have been necessarily expended by the treasurer for commissions, exchange, expressage and interest on past due coupons.

§ 2600. The territorial auditor of public accounts is hereby authorized to employ one clerk for the purpose of clerical assistance in his said office.

§ 2601. The auditor of public accounts is authorized to have printed, at the expense of the territory, all the blank 102, § 43; Jan. 29, 186 forms which may be necessary for the use of his office.

of.

C. L. 1865, chap.

Treasurer: duties

Statements.

TREASURER.

§ 2602. The treasurer shall receive and keep all moneys of the territory, except when otherwise specially provided: disburse the public money upon warrants drawn upon the territory according to law and not otherwise; keep a just, true and comprehensive account of all moneys received and disbursed; render his accounts to the auditor quarterly, or oftener if required: and report to the legislative assembly at the commencement of each regular session, a detailed statement of the condition of the treasury. He shall grant duplicate receipts for all sums of money which shall be paid into

the treasury, and the person receiving the same shall deposit one with the auditor, who shall credit such person according ly and charge the treasurer.

§ 2603. The territorial treasurer is required to report three times each year to the auditor, on or before the first Monday of April, August and December.

C. L. 1865, chap. 102. § 14: July 14, 1851.

Treasurer; reports required.

C. L. 1865. chap. 102, § 38; Jan. 10, 1853. Treasurer to advise auditor of bal

§ 2604. To enable the territorial auditor to be at all times duly advised of the balance on hand in the respective territo- ances on hand. rial funds, it is hereby made the duty of the territorial treasurer to furnish the auditor with a copy of all receipts for moneys paid into the treasury, immediately after the issue of the original of such receipts, and the copies herein required shall set forth specifically the distribution made to the several funds of the moneys covered by such receipts. The auditor shall in no case draw any warrants upon any fund for a greater sum than that of the money subject to draft in that fund, less the amount of any outstanding and unpresented warrants against that fund. Any violations of the provisions of this section by either the territorial treasurer or the territorial auditor, shall be punished by a fine of five hundred dollars, and a second conviction of a similar offense shall oper- Feb 8. ate as a dismissal of the person offending from his office.

C. 32. L. 89, § 19;

Treasurer and auditor to publish

§ 2605. It shall be the duty of the territorial treasurer and auditor within three days after the end of each quarter, to quarterly publish in a newspaper published at the capital, a detailed ments. statement of the receipts and disbursements of their respective offices and the state of the finances of the territory at the last day of such quarter, and during the aforesaid quarter. Any violation of the provisions of this section by either the territorial auditor or treasurer shall be punished by a fine of one hundred dollars.

Id. $ 20.

state

Treasurer to pay sheriffs, ex-sheriffs collector any over-payment.

§ 2606. That the treasurer of the Territory of New Mexico be and he is authorized to pay on the warrant of the terri- or torial auditor out of any moneys in his hands to any sheriff or collector, of any of the counties of this territory, or to any exsheriff or collector any sum of money that may be found due and owing to such sheriff or ex-sheriff upon an accounting and settling with the territorial auditor by reasons of over payment by such sheriff or ex-sheriff into the territorial treasury at any time; and the territorial auditor is authorized and directed upon making such settlement and accounting with such sheriff or ex-sheriff to draw his warrant upon said territorial treasurer for such amount found to be over paid by such sheriff or ex-sheriff into the territorial treasury in favor of such sheriff or ex-sheriff and deliver the same in settle- Feb. 28. ment of such claim.

§ 2607. That if at any time the moneys in the interest fund are insufficient for the payment of coupons as they mature, it shall be the duty of the territorial treasurer to borrow temporarily a sufficient sum to complete such payments, and for that purpose he, the said treasurer, is hereby authorized and empowered to make and negotiate the necessary paper on the best terms obtainable and at a rate of interest not exceeding ten per cent. per annum. The auditor of public accounts shall countersign such paper and charge the proceeds thereof to

C. 36, L. 95, § 1;

Treasurer may borrow; when.