LB UC-NRLF /e>/^ COMPILATION OF THE PUBLIC SCHOOL LAWS OF NEW MEXICO 1915 CONTAINING SECTIONS 4807-5177 OF THE 1915 CODIFICATION OF THE NEW MEXICO STATUTES (ANNOTATED) EELATING TO SCHOOLS, SCHOOL DISTEICTS AND STATE INSTITUTIONS; CHAPTERS 19, 29, 33, 36, 38, 45, 74, 79, 81, 82, "^^^ AND 89 OF THE SESSION LAWS OF 1915; AND EXTRACTS FROM THE STATE CONSTITUTION RELATING TO EDUCATION. PREPARED UNlflBR THg^IRECTION OF ALVAN N. WHITE STATE SUPERINTENDENT PUBLIC INSTRUCTION, SANTA FE, N. M. THE W. H. COURTRIGHT PUBLISHING CO., DENVER, COLORADO, 1916. COMPILATION OF THE PUBLIC SCHOOL LAWS OF NEW MEXICO 1915 8/- CONTAINING SECTIONS 4807-5177 OP THE 1915 CODIFICATION OF THE NEW MEXICO STATUTES (ANNOTATED) RELATING TO SCHOOLS, SCHOOL DISTEICTS AND STATE INSTITUTIONS; CHAPTERS 19, 29, 33, 86, 38, 45, 74, 79, 81, 83, 88, AND 89 OP THE SESSION LAWS OP 1915; AND EXTRACTS PROM THE STATE CONSTITUTION RELATING TO EDUCATION. PREPARED UNDER THE DIRECTION OF ALVAN N. WHITE STATE SUPERINTENDENT PUBLIC INSTRUCTION, SANTA PE, N. M. THE W. H. COURTRIGHT PUBLISHING CO., DENVER, COLORADO. 1916. THIS VOLUME IS STATE PROPERTY And is for the use of ot. School District No County of , State of New Mexico. School officers on retiring from office are required by law to deliver this volume, with all other books and documents of an official character, to their suc- cessors in office. 1 ^< r • ^^/:a::;v:;: J A Copyright, 1915 By w. h. courtright TABLE OF CONTENTS Page Preface '^ Schools and School Districts, Chapter 99 7 State Board of Education, Article I '<' State Superintendent of Public Instruction, Article II 12 County School Superintendents, Article III 1-5 School Districts and District Schools, Article IV 17 In Cities and Towns, Article Y 34 School Houses — Bond Issue — Property, Article VI 29 School Funds, Article VII 38 Teachers, Article VIII 43 Compulsory attendance. Article IX 45 County High Schools, Article X 46 Normal Schools, Article XI 49 Military Institute, Article XII 52 Correspondence Schools, Article XIII 54 State Fair, Chapter 100 55 State Institutions, Chapter 101 - .58 Penitentiary, Article 1 58 New Mexico Insane Asylum, Article II . . ; ^3 New Mexico Institute for Deaf and Dumb, Article III 76 New Mexico Institute for the Blind, Article III 76 Miners' Hospital, Article III , 76 Eeform School, Article III 76 Orphans' Home, Article IV 80 University of New Mexico, Article V 81 New Mexico College of Agriculture and Mechanic Arts, Article VI ... . 83 New Mexico School of Mines, Article VII 86 Provisions applicable to more than one Institution, Article VIII 88 Provisions applicable to the University of New Mexico, New Mexico Col- lege of Agriculture and Mechanic Arts and the New Mexico Insane Asylum,^ Article IX 91 An act to amend an act entitled "An act to establish a museum for the Ter- ritory of New Mexico, and for other purposes," Approved February 19th, 1909, Ch. 19 ' 94 An act to provide for the maintenance of the co-operative Agricultural Exten- sion Work, provided for in the Act of Congress Entitled "An act to provide for co-operative Agricultural Extension Work between the Agricultural Colleges in the several States receiving the benefits of an act of Congress approved July second, one thousand eight hundred. and sixty-two and all acts supplementary thereto and the United States Department of Agri- culture," approved May 8, 1914, Ch. 29 95 An act for the compulsory education of the blind, Ch. 33 96 An act relative to orphan and indigent children, Ch. 36 97 An act to amend section 3 of Chapter 119 of the session laws of 1909 relative to the distribution and application of moneys received from the United States as income from forest reserves, Ch. 38 98 An act appropriating funds to pay railroad fares of certain students in the normal schools, Ch. 45 98 381728 TABLE OF CONTENTS An act limiting the amount that may be raised by tax levies by counties, cities, towns and village school districts, Ch. 74 99 An act regarding revenues for public schools and repealing an act of the second state legislature, approved February 10, 1915, entitled "An act regarding revenue for public schools increasing the School term from five to seven months and repealing chapter 51 of the Laws of 1912, Ch. 79 99 An act relating to the certification of teachers and repealing section 3 and 4, chapter 97, laws of 1907, Ch. 81 102 An act relative to the state board of education and repealing section 1 of chapter 97 of the laws of 1907 and section 4 of chapter 121 of the laws of 1909, Ch. 82 103 An act concerning the teaching of Spanish in the public schools, Ch. 88 104 An act entitled an act to provide for the training of teachers for rural dis- tricts, and to provide funds therefor, Ch. 89 104 Holidays, 2726, 2727, 2728 107 Vaccination, 4616, 4617, 4618, 4619 108 Constitution, Extracts from — Executive Department, Art V 109 Elective Franchise, Art. VII 109 Taxation and Eevenue, Art. VIII 109 State, County and Municipal Indebtedness, Art. IX 109 Education, Art XII 110 Public Lands, Art. XIII Ill Agriculture and conservation. Art. XV Ill Miscellaneous, Art. XX Ill Compact with the United States, Art. XXI Ill Index 113 PREFACE ' It has been the effort of the department for some years to have prepared a code of public instruction. This we now have for all practical purposes in the present volume. Sections 4807-5177 have been taken bodily from the 1915 Codification of the New Mexico Statutes covering all the school laws in force up to the last session of the state legislature. To this codification of the school laws we have added the laws passed by the 1915 session of the state legis- lature and extracts from the state constitution which relate to education. You will find the annotations and cross references of the greatest value. In this volume, we have included all laws relating not only to public elemen- tary and high schools, but also the laws relating to state institutions. Of course, the state educational institutions are the University of New Mexico, the New Mexico College of Agriculture and Mechanic Arts, the New Mexico School of Mines, the New Mexico Normal School, the New Mexico Normal University, the New Mexico Military Institute, the Spanish-American Normal School, the Insti- tute for the Blind, and the School for Deaf Mutes, but we have included, also, other state institutions as the laws governing them all overlap to a considerable extent. All references in the Table of Contents and in the Index are to page and section of the part taken from the Codification, to page, chapter and section of laws passed by the last legislature, and to page, article and section of the extracts from the State Constitution. It is my purpose to issue, within the next few months, a Directors' Guide which will give various suggestions based upon the school laws found in this com- pilation and contain other helps in the administration of the schools including the forms necessary in such administration. Under the authority vested in the State Superintendent of Public Instruction, I shall be glad to give opinions promptly upon any legal question which may be brought to my attention. ALVAN N. WHITE, State Superintendent of Public Instruction. Dec. 1, 1915. CHAPTER XOIX. SCHOOLS AND SCHOOL DISTRICTS. Articl© I. State Board of Education— Sections 4807 to 4821. II. State Superintendent of Public Instruction— Sections 4822 to 4831. III. County school superintendents — Sections 4832 to 4839. IV. School districts and district schools — Sections 4840 to 4866. V. In cities and towns— Sections 4867 to 4895. VI. School houses — Bond issues — Property — Sections 4896 to 4930. VII. School funds— Sections 4931 to 4947. VIII. Teachers— Sections 4948 to 4959. IX. Compulsory attendance — Sections 4960 to 4962. X. County high schools— Sections 4963 to 4973. XI. Normal schools— Sections 4974 to 4987. XII. Military institute— Sections 4988 to 4999. XIII. Correspondence schools — Sections 5000 to 5004. ARTICLE I. STATE BOARD OF EDUCATION. Section 4807 Organization and compensation. 4808 Term of office. 4809 General powers. 4810 County teachers' certificates. 4811 State teachers' certificates. 4812 Temporary permits to teach. 4813 Teachers' institutes. 4814 Revoking certificates. 4815 Legally qualified teacher. 4816 Text books. 4817 Business colleges — Powers of board. 4818 Domestic science and manual training. 4819 State director of industrial education — Appointment — Duties. 4820 State director of industrial education — Compensation. 4821 State director of industrial education — Traveling expenses. § 4807. Organization and compensation. Section 1. The State Board of Education shall meet at the office of the superintendent of public instruction four times a year, at such times as it may elect, and such other times upon the call of the governor or a majority of its mem- bers, as the public business may require. The governor shall be president of said board, but in his absence the board may elect a presiding officer pro tempore. The members of the board of education shall receive ten (10c) cents per mile for attending each meeting of the said board, counting one way from their place of residence to its place of meeting, and two and one-half ($2.50) dollars a day for each session thereof. This mileage and per diem shall be paid to the members of said board of education by the State treasurer upon the order of the State auditor out of the funds arising from the rental of the common school lands of the State. Act of Mar. 21, '07; L. '07, C. 97, § 1, as amended by L. '09, C. 121, § 4. Repealed L. '15, C. 82, § 4, Appendix. § 4808. Term of office. Sec. 2. The term of office of the members of the State Board of Educa- tion shall be four years, and until their successors qualify. Act of June 8, '12; L. '12, C. 37, § 1. § 4809. General powers. Sec. 3. The State board of education shall have power to grant, renew and revoke teachers' certificates, to adopt a series of text books and a uniform (7) V • '-i^'i K/' § m(>,'i|JV-:^:y^l^ ScAooLB Ain> School Districts 8 course of study for the various public schools of the State, to exercise a gen- eral control over teachers' institutes, and to perform such other duties pertaining to matters of education as may be provided by law. Act of Mar. 21, '07; L. '07, C. 97, § 2. § 4810. County teachers* certificates. Sec. 4. The State Board of Education is hereby empowered to issue three grades of county teachers' certificates, to be known as first grade, second grade and third grades respectively. The certificates shall be issued by said board of education upon examination in such subjects as it may elect, or upon the appli- cants' presenting grades in the subjects as required by said board from any of the educational institutions of the State. The said examination shall be held at such times, at such places, and in such manner as said board deems most expedient. The examination for county teachers' certificates shall be conducted by the county superintendent under such rules and regulations as such board of education may prescribe. Upon the close of the examination the county superintendent shall forward the papers of the applicants to the superintendent of public instruction, who shall grade them, or cause them to be graded. The superintendent of public instruction is hereby authorized to employ such person or persons to assist him in grading the papers of applicants as he may judge competent. To pay the service of such person or persons eight hundred ($800.00) dollars is hereby set aside annually, or so much thereof as is necessary, out of the funds arising from the rental of common school lands of the State. The State auditor shall pay such persons for their services upon presenting receipted bills approved by the super- intendent of public instruction. Holders of county certificates shall be entitled to teach in any school district, independent district, incorporated town, city or village of the State. A third grade certificate entitles the holder thereof to teach for one year, second grade two years, and first grade, three years, respectively. All certificates shall be void at the expiration of the term for which they were issued. The county superintendents are hereby authorized to renew first grade county teachers' certificates once only without a formal examination: Provided, Evidence is shown of successful experience in teaching and faithful attendance to duty; Provided, further, That no such renewal shall be made by the county super- intendent without the consent of the superintendent of public instruction. Boards of education of incorporated cities may issue teachers' certificates for such period of time and under such regulations as they may prescribe, but such certificates shall be valid only in the city whose board issues them. Act of Mar. 21, '07; L. '07, C. 97, § 3. Repealed L. '15, C. 81, § 3, Appendix. § 4811. State teachers' certificates. Sec. 5. The State Board of Education is hereby authorized to issue State teachers' professional certificates to persons whom it may deem qualified by rea- son of moral character, academic scholarship, knowledge of the theory and art of teaching and actual practice in teaching. Holders of the certificates who possess a certificate of attendance upon some county normal institute or summer school as provided by law, shall be entitled, without further examination, to teach in any of the public schools of New Mexico for tlie period of time desig- nated therein. The State Board of Education is empowered to officially endorse teachers' certificates granted in States and Territories, under such rules as it may prescribe; and to grant certificates of the first, second, and third grade to persons who have completed specified courses, approved by the State Board of Education, in New Mexico State educational institutions or other schools designated by said board; Provided, That upon graduation from St. Michael's College, located at Santa Fe, the holder of a diploma from the full course of study given by said institution 9 Schools and School Districts ' § 4812 shall be entitled to a county first grade certificate, which shall be recognized in all counties of the State as a legal certificate for the period of time designated therein. Act of Mar. 21, '07; L. '07, C. 97, § 4. Bepealed L. ^5, C. 81, § 3, Appendix. § 4812. Temporary permits to teach. Sec. 6. The superintendent of public instruction is hereby authorized to issue, pending the regular examination of teachers, permits to teach in the public schools of the State, to persons whose credentials as to ability and experience in teaching properly certified to are deemed sufiicient to meet the requirements of the law, and such temporary permits shall expire upon the first day of the next succeeding examination of teachers. County school superintendents shall have like authority in their respective counties, and certificates so issued by county school superintendents shall be good only in the county where issued, and shall not be issued twice in succession to the same person, and shall expire at the next exam- ination of teachers in the said county. Act of Mar. 21, '07; L. '07, C. 97, § 5. § 4813. Teachers' institutes. Sec. 7. The county superintendents of public schools shall hold annually in their respective counties, for a term of not less than two weeks, a teachers' institute for the instruction of teachers and those desiring to teach. The county superin- tendents of the public schools with the advice and consent of the superintendent of public instruction, shall determine the time and place of holding such insti- tutes, and shall select conductors and instructors for the same, and provide for the compensation thereof. No person shall be selected or shall serve as con- ductor or instructor who does not hold a certificate from the State Board of Edu- cation authorizing him or her to do so. It shall be compulsory upon all per- sons who expect to teach in any school district, independent district or incorporated town, city or village, to attend at least two weeks of the county institute or to show a certificate of attendance upon some county institute or summer school approved by the superintendent of public instruction held within the year. Teach- ers who hold a third grade county certificate or a permit to teach, and who have taught at least three months of school during the twelve months previous to the time of holding any county institute, may, upon attendance upon a county in- stitute for a full term of four weeks receive the sum of fifteen dollars ($15) from the treasurer of the State, upon the order of the State Auditor of the funds arising from the rental or sale of the common school lands of the State, upon presenting to the State Auditor a certificate from the county school superin- tendent of the county in which the institute is held, and signed by the insti- tute conductor and the State Superintendent of Public Instruction, certify- ing that said teacher has complied with the provisions of this section; and such teachers are also exempt from the institute fees otherwise required. The State board of education is hereby forbidden to issue a certificate to any person who refuses to comply with said provisions; Provided, Any person, or persons, who fail to so attend by reason of sickness or good and suificient excuse rendered to the county superintendent and approved by him and by the superintendent of public instruction, may be excused from such attendance. Provided, further. The State Board of Education is hereby empowered to excuse such persons from attending the county teachers' institute as in its judgment it deems eminently qualified to teach by reason of their professional scholarship and training, and that nothing herein contained shall make it compulsory for cities which engage a city superintendent of schools who gives at least half of his time to direct super- vision to hold such institutes. The State Board of Education is hereby empowered to issue a course of study for teachers' institutes. Authority is hereby conferred upon the superin- tendent of public instruction to authorize the county superintendent in any county § 4814 Schools and School Districts 10 wherein the conditions are such as to make it expedient to do so, to hold joint county teachers' institutes at such place as may be most convenient to all parties concerned, and when such power is delegated to a county superintendent, the ex- pense of any such institute shall be divided equitably by the county superin- tendents, subject to the approval of the superintendent of public instruction, among the counties participating therein. For the purpose of meeting the expenses of the county teachers' institutes, county treasurers of class "A" shall set apart annually from the general school funds of their respective counties not less than one hundred ($100.00) dollars; in counties of class "B" not less than seventy-five ($75.00) dollars for such pur- pose; in counties of classes "C," 'D" and "E" not less than fifty ($50.00) dollars for such purpose; Provided, That in counties where an institute is held for a full term of four weeks the county treasurer shall set aside at least fifty dollars ($50.00) more than that already provided for institute purposes. But the legiti- mate expenses incidental to conducting examinations ordered by the State Board of Education shall be considered as expenses incurred in connection with the teachers' institute: Provided, That the State Board of Education shall have the power to waive the holding of any county normal institute in counties where authorized summer schools are held and in counties adjacent thereto. At each session of the teachers' institute the county superintendent, upon the advice and consent of the superintendent of public instruction shall collect from each per- son in attendance a fee of not less than one ($1.00) dollar and not more than three ($3.00) dollars. The money thus collected and set apart shall be known as the "County Teachers' Institute Fund," and the county treasurer shall be its custodian, but he shall not receive any of it for his services in receiving or as such custodian. All disbursements of the Teachers' Institute Fund shall be upon the order of the county superintendent, countersigned by the superintendent ol public instruction, and no order shall be drawn on said fund, except for services rendered and expenses actually incurred in connection with the teachers' institute. Act of Mar. 21, '07 ; L. '07, C. 97, § 6, as amended by L. '09, C. 121, § 5. Attendance upon a summer school is equivalent to attendance at a county in- stitute for the purposes of this section. Opinion Atty. Gen. 1909-12, § 28. § 4814. Revoking certificates. Sec. 8. The State Board of Education is hereby empowered to revoke certificates of conductors and instructors of teachers' institutes, State teachers' professional certificates, county teachers' certificates, and city teachers' cer- tificates issued by boards of education, for incompetency, immorality of the holder, or for any cause that should have withheld the issue of such certificate ; Provided, That in each case the accused shall be allowed a full and fair hearing at which he may be privileged to employ the services of counsel. Act of Mar. 21, '07; L. '07, C. 97, § 7. § 4815. Legally qualified teacher. Seo. 9. A legally qualified teacher to teach in any school district, incor- porated towTi, city, village, or independent district, shall be one who has been cer- tificated as prescribed in section 4813, and who possesses a certificate of attendance upon some county teachers' institute, or summer school, approved by the superin- tendent of public instruction, held within twelve months, or has an approved excuse for non-attendance; or one who holds a legal permit to teach in this State. Any county superintendent, member of a board of school directors, member of a board of education, county treasurer, or other person, who shall directly or indirectly cause the public school funds to be paid for teachers' services to any other person than a legally qualified teacher shall be guilty of a misde- meanor, and upon conviction thereof shall be fined in the sum of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars for each 11 Schools and School Districts § 4816 and every offense, and may be removed from office in the manner provided by law. Act of Mar. 21, '07; L. '07, C. 97, § 8. § 4816. Text books. Sec. 10. The State Board of Education shall have, and is hereby vested with full power to adopt a system of school books for the use of the public schools of the State, and only the school books so adopted by said board shall be used in any of the first eight grades of the public schools of this State. The board of education shall have power to contract with the publisher or publishers of text books adopted for use in the public schools of New Mexico, in the name of the State and through the superintendent of public instruction for the purchase and delivery of said books under such regulations as the board may adopt. If the State Board of Education, the superintendent of public instruction, any county superintendent, or any board of school directors, or board of education in this State shall knowingly permit, in any of the first eight grades of the pub- lic schools of this State, the use of any text book or books other than such as are adopted by the State Board of Education, upon conviction thereof, the per- son or persons convicted shall be punished by a fine of not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars; Provided, That nothing herein contained shall prevent the use of text books, approved by the State Board of Education or the superintendent of public instruction, supplementary to the regularly adopted text books. Act of Mar. 21, '07; L. '07, C. 97, § 9. § 4817. Business colleges — Powers of board. Sec. 11. That the State Board of Education be and the same is hereby au- thorized and empowered to adopt a standard of efficiency for business colleges and commercial departments of other schools, to issue certificates of recognition to such schools as meet the required standard and to issue permits as hereinafter provided. Act of Mar. 1.5, '13; L. '13, C. 77, § 1. § 4818. Domestic science and manual training. Sec. 12. That the State Board of Education is hereby empowered to pre- scribe and adopt a course of study in industrial education, including domestic science, manual training and agriculture, and make such necessary rules and regulations for its teaching in the public schools. In the preparation of the in- stitute manuals for the coming year, the State Board of Education may include a course of study in industrial education and may require all teachers attending County Institutes and summer Normal Schools to pass an examination in one or more of the branches of industrial education. Act of June 10, '12; L. '12, C. 52, § 1. § 4819. State director of industrial education — Appointment — Duties. Sec. 13. That the State Superintendent of Public Instruction is hereby empowered and directed to appoint a State Director of Industrial Education, who shall be proficient in the several branches of such education, and who shall, under the direction and supervision of the State Superintendent, have the general charge of the introduction and keeping of industrial education in such of its branches and in such of the public schools of the state as shall be deemed advisable by the State Superintendent and the said Director of Industrial Education, and the said Director shall perform such other duties as may be prescribed by the State Super- intendent. Act of June 10, '12; L. '12, C. 52, § 2. § 4820 Schools and School Districts 12 § 4820. State director of industrial education — Compensation. Sec. 14. That said Director of Industrial Education shall receive an annual salary of one thousand dollars, payable in like manner as is provided for the pay- ment of the salary of the State Superintendent of Public Instruction, and shall further receive as a part of the salary of said office the sum of thirty dollars from all counties of class "A," the sum of twenty-five dollars from all coun- ties of class "B" and the sum of twenty dollars from all counties of class "C," 'T)" and "B/* said above sums to be set apart by each of the county treasurers in like manner as county institute funds are now provided to be set aside and under like conditions; provided, the said county sums are only to be paid said State Director of Industrial Education by said County Treasurer, upon said Director's visiting and instructing in the various counties in industrial education. Act of June 10, '12; L. '12, C. 52, § 3. § 4821. State director of industrial education — Traveling expenses. Sec. 15. That, to the end that said Director of Industrial Education may visit the public schools so far as possible, make investigation of school conditions and report same to the State Superintendent of Public Instruction, together with recommendations as to the introduction and teaching of industrial education, an annual appropriation of Six Hundred Dollars, or such part thereof as may be required, is hereby made for traveling expenses in visiting schools and supervising the introduction and teaching of industrial education in said schools payable upon presentation of certified vouchers, duly approved by the State Superintendent of Public Instruction, and warrants drawn by the State Auditor upon the State Treasurer. Act of June 10, '12; L. '12, C. 52, § 4. ARTICLE II. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. Section 4822 General powers and duties. 4823 Visit rural schools, traveling expenses. 4824 Blanks, school law, Lincoln Day program. 4825 Annual report. 4826 Secretary of the state board of education. 4827 Assistant superintendent salary. 4828 Location of office — Official acts certified. 4829 Compilation of school laws — Biennial. 4830 Compilation of school laws — Payment. v 4831 Compilation of school laws — Distribution. § 4822. General powers and duties. Sec. 16. The superintendent of public instruction shall have general super- vision of public education, and it shall be his duty to visit the State educa- tional institutions and to meet with governing boards of said institutions at least once in each year. He shall have supervision over rural schools, acting through the county superintendents, who shall be responsible to the superintendent of public instruction for faithful performance of their duty. He shall have such general supervision over city, town, and village schools as shall be necessary in harmoniz- ing and systematizing reports, and in securing uniform operation of the public school system. He is vested with general supervision over the official records and accounts of any school district, independent district, or those of any in- corporated city, town, or village, and may require correction thereof, when neces- sary, personally, or he may delegate this power to the county superintendent. He may suspend the county superintendent and institute, or cause to be instituted, proceedings in a court of competent jurisdiction for the purpose of bringing about the removal of said county superintendent in the manner prescribed by law, when he shall bo satisfied from sufficient evidence submitted to him that said county superintendent does not possess the qualifications required or perfoi'm his duties as prescribed by the State Board of Education. 13 Schools and School Districts § 4823 The superintendent of public instruction shall, at the request of any county school superintendent or other school officer, give his opinion upon a written state- ment of the facts on any question of controversy arising out of the interpretation and construction of school laws and shall keep a record of all such decisions. Upon giving any such opinion the superintendent may submit the statement of facts to the attorney general for his advice thereon. It shall be the duty of the attorney general forthwith, to examine such statements and suggest the proper decision to be made upon such facts. Act of Mar. 21, '07; L. '07, C. 97, § 11, as amended by L. '09, C. 121, § 6. § 4823. Visit rural schools, traveling expenses. Sec. 17. It shall be the duty of the superintendent of public instruction to visit each county, as often as consistent with the discharge of his other duties, for the purpose of holding teachers' meetings, advising with county superin- tendents and school directors, and awakening an interest in the cause of educa- tion throughout the State. To this end an annual appropriation of seven hun- dred ($700.00) dollars, or such a part thereof as may be required, is made for traveling expenses, payable on presentation of certified vouchers and warrants drawn by the auditor upon the State treasurer. Said traveling expenses may be incurred by the assistant superintendent when acting under the direction of the superintendent of public instruction. Said superintendent shall file and care- fully preserve in his office the official reports made to him by the county super- intendents of the several counties, heads of the State educational institutions, and by trustees and directors of all schools of whatever nature within the State. Act of Mar. 21, '07; L. '07, C. 97, § 12. § 4824. Blanks, school law, Lincoln Day program. Sec. 18. Said superintendent shall prescribe and cause to be prepared in English and Spanish all forms and blanks necessary in carrying out the details of the common school system, so as to secure its uniform operation throughout the State, and cause the same to be forwarded to the several county superintend- ents to be by them distributed to the several persons entitled to receive the same. He shall cause to be published, as needed, as many copies of the school laws in force, with such forms, decisions, annotations, regulations, and instructions as he may judge expedient thereto annexed, and shall cause the same to be for- warded to the county superintendent for distribution. It shall be the duty of the superintendent of public instruction to prepare a program of patriotic exercises for the proper observance of Lincoln Day, and to furnish printed copies of the same to the school directors and boards of education of various districts, cities, towns and villages, at least four weeks previous to the twelfth day of February in each year; he shall also prepare for the use of the school a printed program providing for a uniform salute to the flag. Act of Mar. 21, '07; L. '07, C. 97, § 13, as amended by L. '09, C. 121, § 7. § 4825. Annual report. Sec. 19. The superintendent shall prepare and cause to be published annu- ally a report of all the common schools, academies, normal scliools, colleges, pri- vate and sectarian schools in the State, which report shall indicate the number and sex of all persons enrolled in the several schools; the value of the school property, and such other facts as he may deem expedient; the same to be drawn from the reports of the county superintendents and from the reports of school boards, boards of regents, and boards of trustees of the several institutions. Act of Mar. 21, '07; L. '07, C. 97, § 14. § 4826 Schools and School Districts 14 § 4826. Secretary of the State board of education. Sec. 20. The superintendent of public instruction shall be secretary of the State Board of Education and shall keep faithful and correct records of its pro- ceedings, which records shall be kept open at all times for inspection. A copy of said record, certified by the secretary of the board, shall in all cases be received as evidence in the courts of, or elsewhere in. New Mexico. Act of Mar. 21, '07; L. '07, C. 97, § 15. § 4827. Assistant superintendent salary. Sec. 21. The superintendent of public instruction is empowered to appoint an assistant superintendent of public instruction, who shall be thoroughly con- versant with the Spanish and English languages, and to revoke such appoint- ment at his discretion, and such assistant shall take the oath of office as provided by law, which, with his appointment, shall be filed with the Secretary of State. Said assistant shall receive a salary not to exceed fifteen hundred ($1500.00) dollars per annum, payable in like manner as is provided for the payment of the salary of the superintendent of public instruction. Act of Mar. 21, '07; L. '07, C. 97, § 16. § 4828. Location of oflBce — Official acts certified. Sec. 22. The office of the superintendent of public instruction shall be at the seat of government where shall be kept all books and papers pertaining to the business of his office, and copies of all papers filed. His official acts may be cer- tified by him, and when so certified to shall be received in the courts of, or else- where in, New Mexico, as evidence equally and in like manner as the original papers, and he shall deliver to his successor within ten days after the expiration of his term, all books, papers, documents, and other property belonging to his office. Act of Mar. 21, '07; L. '07, C. 97. § 17. § 4829. Compilation of school laws — Biennial. Sec. 23. That the superintendent of public instruction shall cause to have compiled, and biennially, shall cause to have printed two thousand copies in English and two thousand in Spanish, in pamphlet form, of all existing school laws of the State of New Mexico, and after each Legislature, if any laws shall have been enacted pertaining to schools he shall, in the first issue of said pam- phlets, thereafter, include any school laws that may have been enacted by any such future legislature. In the meaning of this section such pamphlets shall em- brace all such school laws in one copy. Act of Mar. 10, '03; L. '03, C. 28, § 1. § 4830. Compilation of school laws — Payment. Sec. 24. The compilation, printing and distribution qt the pamphlets re- ferred to in the preceding section shall be paid for from any funds in the hands of the State treasurer arising from the rental or leasing of the common school lands, and for this purpose the State auditor is hereby directed and required to draw an order on the State treasurer in favor of the superintendent of public instruction for a sum not exceeding twelve hundred and fifty dollars ($1,250.00) : Provided, that such printing and binding shall be let to the lowest responsible bidder. Act of Mar. 10, '03; L. '03, C. 28, § 2, as amended by L. '09, C. 121. § 2. § 4831. Compilation of school laws— Distribution. Sec. 25. It shall be the duty of the superintendent of public instruction, before the first day of August of each year, to forward a sufficient number of such pamphlets of compiled Bchool laws to the county superintendent of schools 15 Schools and School Districts § 4832 of the several counties of the State of New Mexico. It shall be the duty of the county superintendent to place a copy of said pamphlets in the hands of the chairman of the directors of public schools in each and every district of said county. Act of Mar. 10, '03; L. '03, C. 28, § 3. ARTICLE III. COUNTY SCHOOL SUPERINTENDENTS. Section 4832 County superintendent, election, qualifications. 4833 Oath and bond. 4834 Powers and duties. 4835 Attendance at office — Duties — Meetings of school directors. 4836 Duty as to warrants — Census. 4837 Apportionment of school funds. 4838 Statistical reports. 4839 Failure to make annual report. § 4832. County superintendent, election, qualifications. Sec. 26. A county superintendent of schools for each county shall be elected at each general election, and shall enter upon the duties of his office on the first of January following his election. Said county superintendent shall hold office for two years, or until his successor shall have been duly elected and has qualified, unless sooner removed for cause. Act of Mar. 21, '07; L. '07, C. '97, § 18, as amended hy L. '09, C. 121, § 11. For qualification to hold office see Constitution Art, VII, § 2. § 4833. Oath and bond. Sec. 27. Each county superintendent shall, before entering upon the dis- charge of the duties of his office, take and subscribe to the oath or affirmation as provided by law, which oath or affirmation shall be filed in the office of the county clerk. Within thirty days after receiving his certificate of election or appointment as provided in this article, he shall give a bond in the sum of two thousand ($2,000) dollars to be approved by and filed with the board of county commissioners of his county. Act of Mar. 21, '07; L. '07, C. 97, § 19. For oath of office see Constitution, Art. XX, Sec. 1. § 4834. Powers and duties. Sec. 28. Subject to the supervision and direction of the superintendent of public instruction, the county superintendent of schools shall have jurisdiction over all public schools within his county, except those in cities, and such schools, including city schools, shall make such reports to the county superintendent and to the superintendent of public instruction as may be required by the Staie board of education. Each county superintendent shall visit each school within his county as often as the State Board of Education may prescribe. He shall supervise the methods of instruction employed in the various schools: consult with the school directors concerning the improvement of their schools and the keeping of their accounts; enforce compliance with the school laws; organize, disorganize, or change the boundaries of any school district, as provided by law; hold teachers' meetings for the advancement of the school interests of his county, and perform such other duties as are provided by law for county superintendents and such as the State Board of Education may prescribe. He shall also on the third Monday in January, x\pril, July, and October of each year, or as soon thereafter as he shall receive the certificate of the superintendent of public instruction signifying the amount appropriated to each county for tlie use of the common schools of the current year, apportion such amount, together with the county school fund for the same purpose, to the several districts within his county, in proportion to § 4835 Schools and School Districts 16 the number of school children residing in each over five and under twenty-one years of age, as the same shall appear from the last annual reports of the clerks of the respective school districts, and he shall immediately certify such apportion- ment to the directors of the respective school districts, and to the county treasurer of his county, who shall credit the several school districts on his books with the respective sums apportioned to them. Provided, That the county school superin- tendent is authorized to leave in the county school fund a sufficient amount to meet such warrants as may be legally drawn against this fund as elsewhere pro- vided by law. Act of Mar. 21, '07; L. '07, C. 97, § 20, as amended by L. '09, C. 121, § 8. § 4835. Attendance at oflSce — Duties — Meetings of school directors. Sec. 29. The county superintendent is required to be in attendance at the county seat on the first Saturday in the months of August, September and Octo- ber and November for the transaction of official business. He is empowered to examine from time to time the records and account books of district directors outside of incorporated cities and towns and see to it that the same are properly kept, and it is made obligatory upon all such directors to meet at their accus- tomed place within the district at least once every thirty days during the school term for the transaction of public business. Act of Mar. 19, '03; L. '03, C. 119, § 11. § 4836. Duty as to warrants — Census. Sec. 30. The county superintendent shall investigate the legality of all ac- counts as to whether the same have been legally incurred and allowed, before the fixing of his signature thereto, and he may reject any warrant issued by district school directors whenever he may deem such warrant to have been illegally issued. Act of Mar. 19, '03; L. '03, C. 119, § 12. § 4837. Apportionment of school funds. Sec. 31. County superintendents shall quarterly, and within ten days after receiving notice that any school funds are at their demand, for apportionment to the several districts, properly make said apportionment and specifying the number of the district, the number of children of school age in each district and the amount of money apportioned thereto, and a copy of this apportionment report shall be filed within ten days thereafter in the office of the county clerk of the county, and he shall also supply a duplicate copy thereof to any newspaper printed within the county which will give publicity to the same free of charge as a matter of general information. Act of Mar. 19. '03; L. '03, C. 119, § 15. § 4838. Statistical reports. Sec. 32. Tlie scholastic year for all schools and educational institutions of whatever nature in the State of New Mexico shall end June fifteen of each year. Within ten days after such date, the school directors of school districts, and the secretaries or clerks of the boards of education of town, village and city schools, located within each county shall file statistical reports with the county superin- tendent, containing such items of information as are required by law. On or before July fifteen of each year the county superintendents and the heads of the various educational institutions shall make their annual statistical reports to the superintendent of public instruction, and thirty days thereafter the superintendent of public instruction shall make his annual report to the Governor of the State. Act of Mar. 21, '07; L. '07, C. 97, § 24. 17 Schools and School Districts § 4839 § 4839. Failure to make annual report. Sec. 33. Every county superintendent who shall wilfully neglect or refuse to make and deliver to the superintendent his annual report, as required by sec- tion 4838, within the time limited therefor, shall be liable on his bond for the full amount of money lost to the county by such neglect ^or refusal, with the interest thereon at twelve per centum per annum, to be recovered by the county treasurer in the name of the county, from the bondsmen of said superintendent. Act of Feb. 12, '91; L. '91, C. 25, § 15; C. L. '97, § 1528. ARTICLE IV. SCHOOL DISTRICTS AND DISTRICT SCHOOLS. Section 4840 Creation and alteration of school districts. 4841 New districts — Directors, how chosen — County superintendent — Annual report. 4842 Location of school district — Boundary lines. 4843 School districts continued — Subjects to be taught. 4844 Corporate powers. 4845 Sites for school houses. 4846 Eminent domain. 4847 Right to attend school. 4848 Id.— Violation— Removal. 4849 School month — School day. 4850 Annual reports. 4851 Warrants — Itemized statements required. 4852 School directors— Oath — Election— Canvassing votes — Contest of election. 4853 School directors — Terms. 4854 Id. — Organization — ^Vacancies — Use of school houses. 4855 Id, — Warrants — Duties. 4856 School officers— Offenses by. 4857 Census. 4858 Census enumerators — False list. 4859 Tuition. 4860 Flag. 4861 Displaying flag. 4862 Flag day. 4863 Alcoholic drinks and narcotics — Study of. 4864 Alcoholic drinks and narcotics — Reform school — Institute. 4865 Alcoholic drinks and narcotics — Failure to instruct concerning. 4866 Alcoholic drinks and narcotics — Teachers' certificates. § 4840. Creation and alteration of school districts. Sec. 34. Whenever it is desired that a new school district shall be formed, a petition and statement of facts signed by a majority of legal electors residing within the proposed district shall be presented to the county superintendent of schools. Said petition and statement shall contain such a description of the boundaries of said proposed district as will be sufficient to definitely locate it; it shall also contain the names and ages of all persons of school age who are actual residents of the proposed district. .. Whenever a new district has been created, at the next regular apportionment, the county superintendent shall apportion to it its share of the school fund as provided by law. No school district shall hereafter be created or divided unless there be at least twenty-five (25) children of school age in the new district and at least twenty-five (25) children of school age remaining in the district or each of the districts from which such district is taken; Provided, however. That a board of school directors may maintain more than one school in its district for the better accommodation of the patrons of said district. Upon the receipt of such petition and statement by the county superintendent, he shall create such new district, and shall assign to it a number or other proper designation. Provided, That the territory of a school district shall not be so re- duced as to make its bonded indebtedness exceed four (4%) per cent, of its as- sessed valuation. § 4841 Schools and School Districts 18 After paying all indebtedness of the old district that is chargeable to the common school fund, if any balance remains the comity superintendent shall divide the said balance between the old district and the new in proportion to the number of children of school age in each. All other resources such as school houses, proceeds from sale of bonds; also all similar indebtedness shall be divided between the old district and the new in proportion to the taxable property, ac- cording to the assessed value, in each. In making such adjustment, the superin- tendent, in co-operation with the board of county commissioners, of the county in which such districts are situated, is authorized to use such plans, or means, as will best subserve the mutual interests of the two districts, and their decision shall be final, subject to the right of appeal to the courts. The county superintendent shall consolidate school districts on the presenta- tion of separate petitions signed by the majority of electors residing in the respective districts affected; he shall also attach a territory to a district by change of boundary lines on the presentation of separate petitions signed by the majority of the electors residing in the respective territories affected; which petitions shall be prepared and submitted as hereinbefore described. \Vhenever the number of persons of school age within a school district has been reduced below 15 from causes over which the county superintendent does not have control and these conditions seem likely to remain permanent, said superin- tendent is empowered to disorganize such district and attach the territory to the school district or districts adjacent thereto. Provided, If said district at the time of disorganization is liable for bond issue or interest thereon, the board of county commissioners is authorized and required to make levy and order collections thereof on the property of said disorganized district for the purpose of meeting the pay- ment of said bonds and interest in a manner as provided for such purpose in the case of a regular school district. Appeal may be made from the decision of the county superintendent con- cerning the organization, disorganization, or change of boundary lines of a school district, to the board of county commissioners of the county in which the school district is located, and the decision of said board shall be final. Act of Mar. 21, '07; L. '07, C. 97, § 22. § 4841. Nev/ districts — ^Directors, how chosen — County superintendent — An- nual report. Sec. 35. Whenever a school district shall be formed in any county, the county superintendent shall, within fifteen days thereafter, 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, at which one director shall be elected for one year, one for two years and one for three years; 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 suc- cessors arc elected as provided by law. The county superintendent shall, on or before the 15th day of October of each year, make out and transmit in writing to the State superintendent, bearing date October 1st, a report containing a state- ment of the number of school districts in the county, the number, 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 num- ber, 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 num- ber, 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 19 Schools and School Districts § 4842 amount of public money raised by tax or otherwise for the purpose of purchasing sites for school buildings, repairing and furnishing school houses, and such other information as the State superintendent may desire. Act of Mar. 21, '07; L. '07, C. 99, § 1. § 4842. Location of school district — Boundary lines. Sec. 36. The boundary lines and comers of all school districts shall be ac- curately located by the county surveyor of each county at the request of the super- intendent, who shall prepare a map showing the districts as contemplated in Sec- tion 4905. The expense of such proceedings shall be charged to the county wherein the school district is situated and be allowed by the board of county commissioners at the discretion of said board not to exceed fifty ($50.00) dollars a school district. Act of Mar. 21, '07; L. '07, C. 97, § 23. § 4843. School districts continued — Subjects to be taught. Sec. 37. There shall be established in each school district, one or more schools in which shall be taught orthography, reading, writing, arithmetic, gram- mar, geography, the English language, and the history of the United States. Act of Feb. 12, '91; L. '91, C. 25, § 16; C. L. '97, § 1529. § 4844. Corporate pov/ers. Sec. 38. Each school district shall be a body corporate by the name and style of School District ^N'umber — • — , of the County of , and by such name may contract and be contracted with, sue and be sued, in any of the courts of this State having competent jurisdiction; and every such district shall hold, in the corporate name of the district, the title of lands and other property which may be required by said district for school purposes. Act of Feb. 12, '91; L. '91, C. 25, § 17; C. L. '97, § 1530. § 4845. Sites for school houses. Sec. 39. It shall be lawful for any district to take and hold in its cor- porate name so much real estate as may be necessary for the location and con- struction of a school house and convenient schools: Provided, That the real estate so taken, otherwise than by consent of the owner, shall not exceed one acre. The site so taken must be situated on some public highway or thoroughfare. Act of Feb. 12, '91; L. '91, C. 25, § 39; C. L. '97, § 1552. § 4846. Eminent domain. Sec. 40. If the owner of any such real estate refuse or neglect to grant the necessary site on his premises, then and in that case the directors m.ay acquire title to so much of said land as is necessary for school purposes, in the manner provided by law for the condem.nation of land for, railroads or other public purposes, and such land so taken shall be deemed to be taken for public use. Act of Feb. 12, '91; L. '91, C. 25, § 40; C. L. '97, § 1553. § 4847. Right to attend school. Sec. 41. Pupils who are actual residents of a district shall be permitted to attend school in the same, regardless of the time when they acquire such residence, whether before or after the enrmieration. Any teacher, school directors or members of any board of education connected with the common schools in this State who shall refuse to receive any pupil at school on account of race or nationality the said pupil being entitled to attend school in said district as hereinbefore provided, shall be guilty of a misdemeanor and upon conviction before any justice of the peace or district court, shall be fined in a sum of not less than fifty dollars nor more than one hundred, and imprisoned § 4848 Schools and School Districts 20 in the county jail, for three months, and shall be forever barred from teaching school or to hold any office of honor or profit in this State. Act of Feb. 12, '91; L. '91, C. 25, § 43; C. L. '97, § 1556, as amended by Act of Mar. 21, '01; L. '01, C. 78, § 1. For right to attend school see Constitution, Art. XII, Sec. 10. § 4848. Id.— Violation— Removal. Sec. 42. The county superintendent shall summarily remove from office or emplo3rment any person violating the provisions of the preceding section. Act of Mar. 21, '01; L. '01, C. 78, § 2. § 4849. School month— School day. Sec. 43. The school month shall consist of four weeks of five days each, and a school day shall consist of six hours. Act of Feb. 12, '91; L. '91, C. 25, § 44; C. L. '97, § 1557. For school periods in cities and towns see Sec. 4876. § 4850. Annual reports. Sec. 44. The clerks of the several rural districts, principals or superin- tendents of town or city schools shall, between the first day of June and the first day of July of each year, make a report to the county superintendent in writing, showing in detail the financial condition of the district, the amount of money received and from what source, including receipts from poll taxes, etc., district bonds or special levies, and the manner in which the same has been disbursed during the previous year, amount expended for repairs or improvements of school houses and grounds, whether rented or owned by the district, the value of all school property, amount of bonded indebtedness of district, status of interest fund, amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the number and sex of the school population and amount expended for books for in- digent children under section 4961, and failure to properly prepare and foi*ward said reports shall subject such clerk, principals or town or city superintendents to a fine of not more than one hundred dollars or imprisonment in the county jail not exceeding sixty days, and it shall be the duty of county superintendents to file information against such derelicts. Act of Mar. 19, '03; L. '03, C. 119, § 8. § 4851. Warrants — Itemized statements required. Sec. 45. School directors serving in districts outside of incorporated towns or cities are required to accompany all vouchers or warrants presented for the signature of the county superintendent with itemized statements of account, and the county superintendent shall withhold his approval of all bills until such statements are provided. Act of Mar. 19, '03; L. '03, C. 119. § 9. § 4852. School directors — Oath — Election — Canvassing votes — Contest of elec- tion. Sec. 46. On the second Monday of March of each year the directors serving at' that time shall post notices of an election to be held by them on the first Mon- day in April by the qualified voters for one school director. Only legal voters, residing in said district, shall be qualified to vote at said election; the votes shall be by written or printed ballots, and tlie election shall be held between the hours of eight A. M. and five p. m. on the first Monday of April, at the public school house or some other convenient place to be specified in said notice; the result of said election shall be certified by said directors to the county superintendent, and the term of office of said directors shall begin on the first Monday of May follow- 21 Schools and School Districts § 4853 ing their election. The directors so elected shall take and file with the county superintendent, before the first Monday of May, an oath which shall be administered by the directors serving, and in said oath shall be set forth the number of said school district. Any school director who shall fail to call the election and post the notices therefor or to correctly certify the result of such election as required in this section shall be deemed guilty of malfeasance in office and shall be disqualified from again holding said office by appointment or otherwise for a period of one year thereafter, and shall be fined not less than twenty-five dollars nor more than one hundred dol- lars, or imprisoned in the county jail, not less than twenty-five nor more than one hundred days. And it shall be the duty of the county school superintendent to make affidavit of the facts to the district judge or before any justice of the peace and to act as prosecuting witness against said director. The said school directors shall truly canvass the vote cast at the election and send the ballots to the county school superintendent, together with their certificate of election where said ballots shall remain in his custody for the period of thirty days, during which time notice of contests may be given by any person interested. If no such notice shall be given within such period, the county school superintendent shall destroy such bal- lots. But if such notice of contest be given it shall be his duty to turn the same over in exactly the same condition as they were received by him to the county clerk of his county where they may be examined under the same terms and conditions as ballots in other cases of contested elections for county officers, and the same provisions shall apply to a contest for the position of school director as is provided by law for contesting other county officers. All legal voters, residing in a school district shall be considered qualified voters of said district, entitled to vote therein. Act of Feb. 12, '91; L. '91, C. 25, § 19; C. L. '97, § 1532, as amended by Act of Mar. 16, '99, L, '99, C. 80, § 11; Act of Mar. 19, '03, L. '03, C. 119, § 2; Act of Mar. 21, '07, L. '07, C. 97 § 30; Act of Mar. 18, '09, L. '09, C. 95, § 1. As to qualifications of voters see Constitution, Art, VII, Sec. 1. As to official oath see Constitution, Art. XX, Sec. 1. For disposition of fines see Constitution, Art. XII, Sec. 4. § 4853. School directors — Terms. Sec. 47. At each election of such directors, only one director shall be vote^ for, except in case of an election to fill a vacancy for an unexpired term, and he shall be elected and hold his office for a term of three years from the first day of May thereafter. Act of Mar. 19, '01; L. '01, C. 55, § 2, as amended by L. '07, C. 98, § 30. § 4854. Id. — Organization — Vacancies — Use of school houses. Sec. 48. Five days after their qualification the school directors shall meet and elect a chairman and a clerk, and two directors shall constitute a quorum, which shall be competent to discharge all the duties of a full board. Should a vacancy occur from any cause, notice shall be given to the county superintendent by the directors or a director, and thereupon said county superintendent shall appoint a director to fill such vacancy until the next election. They shall have the care and keeping of the school house and other property belonging to the school district, and are authorized to open the school houses for the use of religious political, literary, scientific, mechanical, agricultural and industrial societies be- longing in their district, for the purpose of holding business or public meetings of said societies. Act of Feb. 12, '91; L. '91, C. 25, § 20; C. L. '97, § 1533. § 4855 Schools and School Districts 23 § 4855. Id. — Warrants — ^Duties. Sec. 49. No board shall issue warrants or certificates of indebtedness of the school district, in excess of the amount of the levy for one year, but all school orders shall draw six per cent, interest per annum after having been pre- sented to the county treasurer and not paid for want of funds, which fact shall be indorsed upon the order by the treasurer. The directors of the several school districts shall also employ and pay school teachers under the restrictions imposed by this chapter, and shall have the general control and management of the schools in their respective districts, subject to such supervision as shall herein be conferred upon the county superintendent. Act of Feb. 12, '91; L. '91, C. 25, § 22; C. L. '97, § 1535, and by Act of Mar. 21, '07, L. '07, C. 97, § 30. Until the County Superintendent has received the report of the number of children of school age in a district he cannot be compelled to apportion any school moneys to that district. Ortega et al. v. Padilla, 10 N, M. 42; 60 Pac. 70. § 4856. School oflacer— Offenses by. Sec. 50. Any member of the board of education, county school superin- tendent, or other school officer who may violate the provisions of this chapter con- cerning their powers and duties in connection with school matters or who shall not faithfully perform all such duties imposed under and by virtue of the law shall, on conviction thereof be fined in a sum not less than twenty-five dollars ($25.00) nor exceeding five hundred dollars ($500.00). Act of Mar. 18, '09; L. '09, C. 121, § 12. § 4857. Census. Sec. 51. The directors of schools in the several school districts in the State shall, on or before the first day of September of each year make an enimieration of all unmarried persons between five and twenty-one years of age, giving the names, ages and sex of such persons in full, and shall report the same in writing, which enumeration list shall be signed by all the directors, to the county superintendent within fifteen days thereafter. It shall be the duty of the clerk of said school directors to correctly enumerate or cause to be enumerated all unmarried persons of the respective school districts as specified herein. For said enumeration he shall be paid from any funds in the hands of said directors the sum of one dollar and fifty cents for each one hundred names, or fraction thereof, thus enumerated. Wlienever a petition signed by one hundred qualified voters shall be presented to the board of education or school trustees of any incorporated city, town or vil- lage in this State praying therefor, any such board to which such petition is pre- sented shall require the person appointed to make the school census at the time of making such school census to also ascertain and enumerate the number of persons residing in any such city, town or village. All resident unmarried persons between said ages shall be entitled to attend the schools of their districts. Act of Mar. 2, '05; L. '05, C. 23, § 1, amended by Act. of Mar. 16, '07, C. 35, § 7. § 4858. Census enumerators — False list. Sec. 52. Any enumerator acting for the directors of schools of any district who shall wilfully place fictitious names, or names of persons, not actually residing in said district, upon the official enumeration list, shall be declared guilty of a misdemeanor and on conviction thereof, before any court of competent jurisdiction, ho shall be punished by a fine of not less than ten nor more than fifty dollars. Act of Mar. 2, '05; L. '05, C. 23, § 2. 23 Schools and School Districts § 4859 § 4859. Tuition. Sec. 53. A board of school directors or board of education may admit non- resident pupils to the school or schools under its charge, provided school accom- modations are sufficient to justify the same, and may determine the rate of tuition for such pupils and collect the same, which tuition shall not be greater than twenty (30%) per cent, more than the average cost per capita for education based on the average number of pupils belonging to the school throughout the previous school term. When non-resident pupils, their parents or guardians, pay a school tax in any district, such pupils shall be admitted to the school of such district, and the amount of such school tax shall be credited on their tuition in a sum not to exceed the amount of such tuition, and they shall be required to pay tuition only for the difference therein. Act of Mar. 21, '07; L. '07, C. 97, § 29. § 4860. Flag. Sec. 54. The boards of school directors of the various school districts and the boards of education of the cities and towns of this State shall procure at the expense of their respective districts, towns or cities, for every public school not provided therewith, a United States flag not less than five feet long, together with a flagstaff, and the necessary appliances therefor; and whenever the flag, flagstaff or the necessary appliances therefor of any such school shall from any cause be- come unsuitable for further use, such school boards of directors or boards of edu- cation shall in the same manner purchase others in place thereof. Act of Mar. 10, '05; L. '05, C. 48, § 1. § 4861. Displaying flag. Sec. 55. The school directors or boards of education in the various districts, cities and towns in the State shall cause the United States flag to be displayed upon the public school buildings or premises therein during school hours if in their best judgment it be practicable, otherwise at such times as they may direct, and such boards of school directors or boards of education shall also establish rules and regulations for the proper care, custody and display of the flag; and when, for any cause it is not displayed it shall be placed conspicuously in the principal room of the school building. Act of Mar. 10, '05; L. '05, C. 48, § 2. § 4862. Flag day. Sec. 56. The twelfth day of February, in each and every year is established in the annual school calendar to be known as Lincoln Day, iii honor of the birth- day of Abraham Lincoln, and shall be observed with patriotic exercises in the public schools, but such day shall in no wise be construed to be a holiday. It is also pro- vided that when such day shall fall on Sunday or on Saturday, the following or preceding day respectively, as the case may be, shall be observed. Act of Mar. 10, '05; L. '05, C. 48, § 3, as amended by L. '09, C. 121, § 3. For other holidays see Sec. 2726 et seq. § 4863. Alcoholic drinks and narcotics — Study of. Sec. 57. The nature of alcoholic drinks and narcotics, and special in- struction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the public schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all the pupils in all said schools throughout the state. Act of June 8, '12; L. '12, C. 29, § 1. § 4864 Schools aitd School Districts 24 § 4864. Alcoholic drinks and narcotics — Reform school — Institute. Sec. 58. Adequate time and attention shall be given to instruction in this branch of study in the state educational institutions^ in the New Mexico Eeform School at Springer and in all teachers' institutes, and competent lecturers on this subject shall be secured for teachers' institutes. Act of June 8, '12; L. '12, C. 29, § 2. § 4865. Alcoholic drinks and narcotics — Failure to instruct concerning. Sec. 59. It shall be the duty of the proper officers in control of any school or institution described in the two foregoing sections to enforce the provisions thereof; and any such officer, school director, superintendent, or teacher, who shall refuse or neglect to comply with the requirements of said sections, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified, for all the pupils in each and every school or institution un- der his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Act of June 8, '12; L. '12, C. 29, § 3. § 4866. Alcoholic drinks and narcotics — Teachers' certificates. Sec. 60. No certificate shall be granted to any person to teach in the pub- lic schools who has not passed a satisfactory examination to enable him to properly teach the branches of study provided for in the three preceding sections. Act of June 8, '12; L. '12, C. 29, § 4. ARTICLE V. IN CITIES AND TOWNS. SUBDIVISION I. Section 4867 Board of education — Members. 4868 Board of education— Election — Term of office. 4869 Board of education — Election — Registration. 4870 Board of education for incorporated town or village. 4871 Id.— Election. 4872 Id. — Election and returns— Registration. 4873 Id.— Powers. 4874 Id.— Powers. § 4867. Board of education — Members. Sec. 61. The board of education in each incorporated city shall consist of five members, who shall be elected at large from such city, for the term of four years. Act of June 8, '12; L. '12, C. 43, § 1. ' § 4868. Board of education— Election — Term of office. Skc. G2. The qualified electors of such city and of the territory outside of said city attached thereto for scliool purp ill on the first Tuesday of April, 1915, ch.Ht hvo iiifrnbers of tlie board of ..uun and on the first Tuesday of April, I inbcrs, and thereafter a regular election of members succeeding those V : ■ - ' . ' \pire, shnll hr hr\(] on the first Tuesday of Ajiril of eacli odd miiii- l)rr(''l ycjir. Act of June 8, '12; L. '12, C. 43, § 2. § 4869. Board of education— Election— Registration. Skc. G:1 TIi.- cltvllon !)n,\ i,1, ,1 i",.,- in flH> jwo piv— iin„- sections shall be 1'^''''- il"' ' • rl, ;iii,l ih,. rr' of elcctiou issuod in accordaiU'i- >. un im- n.^,^ .iirj.ni .Miic lo dniioiis of olliccrs oi incorporated cities, except that no registration sliali br r('(|uircd. Act of June 8, '12; L. '12, C. 43, § 3. 25 Schools and School Districts § 4870 § 4870. Board of education for incorporated town or village. Sec. 64. There shall be elected, in each incorporated town or village, a board of education which shall consist of five members and who shall be elected at large from any portion of the territory subject to the jurisdiction of such board of edu- cation for a term of four years. Act of Mar. 15, '13; L. '13, C. 67, § 1. § 4871. Id.— Election. Sec. 65. The qualified electors of such town or village, and those residing within any portion of the territory subject to the jurisdiction of said board of edu- cation shall, on the first Tuesday of April, 1915, elect two members of the board of education, and on the first Tuesday of April, 1917, three members, and thereafter a regular election for members succeeding those whose terms expire, shall be held on the first Tuesday of April of each odd numbered year. Provided, that in towns incorporated under special acts, said election shall be held on the second Tuesday in April of each odd numbered year. Act of Mar. 15, '13; L. '13, C. 67, § 2. § 4872. Id. — Election and returns — Registration. Sec. QG. The election herein provided for shall be held, the returns thereof made and canvassed, and the certificates of election issued in accordance with the laws applicable to elections of officers of the respective incorporated towns and villages wherein said Boards of Education are established, except that no registra- tion shall be required. Act of Mar. 15, '13; L. '13, C. 67, § 3. § 4873. Id.— Powers. Sec. 67. The board of education shall have sole control over schools and school property within the said incorporated town or village, the territory thereto attached for school purposes, and the school district of which said town or village, before incorporation, was a part, all of which shall constitute the territory subject to the jurisdiction of such board of education for school purposes only, to the same extent as the territory located within the limits of such incorporated town or vil- lage. Act of March 15, '13; L. '13, C. 67, § 4. § 4874. Id.— Powers. Sec. 68. Such board of education shall have all the powers and priviliges and be subject to all the duties and requirements provided by law for boards of education in incorporated cities and towns. Act of Mar. 15, '13; L. '13, C. 67, § 5. SUBDIVISION II. Sections. 4875 Cities and towns. 4876 Cities and towns — Duration of schools — Free — Insufficient accommodations. 4877 • Territory outside city — Annexation for school purposes. 4878 Board of education in cities and towns — Corporate powers. 4879 Id. — Members — Election — Terms — Qualifications. 4880 Id. — Filling vacancies. 4881 Id.— Powers. 4882 Id.— Officers and clerk. 4883 Id. — Treasurer — Bond — Duties — Reports — Salary — Depositories. 4884 Id. — Members not to receive compensation. 4885 Id. — May hire city or district supenintendent. 4886 District superintendent's employment. 4887 Id.— Duties of president. 4888 Id. — Duties of vice-president. 4889 Id.— Duties of clerk. 4890 Id.— Bond of clerk. § 4875 Schools and School Districts 26 Section 4891 Id.— Meetings. 4892 Id. — Annual report — Publication. 4893 Id. — Expenditures and bids. 4894 Sectarian doctrines not to be taught. 4895 Board of education — Property exempt from taxation and execution. § 4875. Cities and towns. Sec. 69. All cities and towns shall be governed by the succeeding provisions of this subdivision. Act of Feb. 26, '91; L. '91, C. 77, § 6; C. L. '97, § 1561. § 4876. Cities and towns— Duration of schools— Free— Insufficient accommo- dations. Sec. 70. In each city or town governed by this subdivision, there shall be established and maintained a system of free common schools, which shall be kept open no less than three nor more than ten months in any one year, and shall be free to all children residing in such city or town, between the ages of five and twenty years. But the board of education may, when school room accommodations are insufficient, exclude for the time being children between the ages of five and seven years. Act of Feb. 26, '91; L. '91, C. 77, § 7; C. L. '97, § 1562. See Constitution, Art. XII, Sees. 1 and 4 and see Sec. 4847. § 4877. Territory outside city— Annexation for school purposes. Sec. 71. Territory outside the city limits, but adjacent thereto, may be at- tached to. such city or town for school purposes upon application to the board of education of such city or town by a majority of the electors of such adjacent ter- ritory, and upon such application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city or town and the territory seeking to be attached, issue an order attaching such territoiy to such city or town for school purposes, and to enter the same upon their journal, and such territory shall, from the date of such order, be and compose a part of such city or town for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all ex- penses incurred in the erection of school buildings and in maintaining the schools of such city or town. Act of Feb. 26, '91; L. '91, C. 77, § 8; C. L. '97, § 1563. § 4878. Boards of education in cities and towns — Corporate powers. Sec. 72. The public schools of each city organized in pursuance of this sub- division shall be a body corporate, and shall possess the usual powers of a corpora- tion for public purposes, by the name and style of the Board of Education of the City( or Town) of , of the State of New Mexico, and in that name may sue or be sued, and be capable of contracting and being contracted with, of holding and conveying such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of tliis sub- division. Act of Feb. 26, '91; L. '91, C. 77, § 9; C. L. '97, § 1564. § 4879. Id. — Members — Election — Terms — Qualifications. Sec. 73. No member of the board of education shall be a member of the coun- cil or town trustees, nor shall any member of the council or town trustees be a mem- ber of the board of education. Each member of the board of education shall be a qualified elector of the State of New Mexico, and shall have resided in the district at least two years next preceding the election, and shall be a tax payer. Act of Feb. 26, '91; L. '91, C. 77, $ 12, as amended by Act of Feb. 23, '93; L. '93, C. 39, § 1; C. L. '97. § 1567. See Constitution, Art VII, Sec. 2. 27 Schools and School Districts § 4880 § 4880. Id. — Filling vacancies. Sec. 74. The board of education shall have power to fill any vacancy which may occur in their body: Provided, That any vacancy occurring more than ten days previous to the election and having an unexpired term of one year, shall be filled at the first election thereafter; and the ballots and returns of elections shall be designated as follows: To fill unexpired term. Act of Feb. 26, '91; L. '91, C. 77, § 13; C. L. '97, § 1568. Construed in Op. Atty. Gen. 1910-12, p. 127. § 4881. Id.— Powers. Sec. 75. The board of education shall have power to elect their own officers, except the treasurer; to make their own rules and regulations, subject to the pro- visions of this subdivision ; to organize and maintain a system of graded schools ; to establish a high school whenever in their opinion the educational interests of the city demand the same, and to exercise the sole control over the schools and school property of the city or town. Act of Feb. 26, '91; L. '91, C. 77, § 14; C. L. '97, § 1569. § 4882. Id.— Officers and clerk. Sec. 76. The board of education, at its regular meeting in May of each year, shall organize by the election of a president and vice president from among its own members, each of whom shall serve for the term of one year or until their successors are elected and qualified; they shall also elect a clerk, wlio shall hold his office during the pleasure of the board, and who shall receive such compensa- tion for his services as the board may allow. Act of Feb. 26, '91; L. '91, C. 77, § 15; C. L. '97, § 1570. § 4883. Id. — Treasurer — Bond — Duties — Reports — Salary — Depositories. Sec. 77. The treasurer of the city or town shall be ex-officio treasurer of the board of education, and shall give such bond to the board of education as the board may require, said bond to be approved by the board of education and filed with its clerk. The treasurer shall attend all the meetings of the board when re- quired to do so ; shall prepare and submit in writing a monthly report of the finances of said board, and shall pay school moneys only upon a warrant signed by the presi- dent or, in his absence, by the vice president, and countersigned by the clerk. The treasurer shall receive from the board of education, fifty dollars per annum for his services as treasurer, and no more. Act of Feb. 26, '91; L. '91, C. 77, § 16; C. L. '97, § 1571. See Op. Atty. Gen. 1909-12, p. 53, holding this section not repealed by Sec. 4834. § 4884. Id. — Members not to receive compensation. Sec. 78. No member of the board of education shall receive any pay or emolument for his services. Act of Feb. 26, '91; L. '91, C. 77, § 17; C. L. '97, § 1572. In the absence of a definite contract of employment, services rendered by a mem- ber of a Board of Education are presumed to be voluntary services in connection with official duty for which there can be no recovery. Snyder v. Bd. of Education, 10 N. M. 446; 62 Pac. 1090. § 4885. Id. — May hire city or district superintendent. Sec. 79. In addition to the privileges, powers and duties of boards of educa- tion heretofore prescribed by law, the power is granted to boards of education for districts consisting of incorporated cities to employ a city or district superintendent, § 4886 Schools and School Districts ^ 28 who, in conjunction with the board of education, shall be authorized to hold special teachers' institutes for the instruction of teachers. Act of Mar. 14, '01; L. '01, C. 27, § 3, as amended by L. '07, C. 97, § 30, and as further amended by L. '12, C. 51, § 8. § 4886. District superintendent's employment. Sec. 80. District superintendents in districts consisting of incorporated cities or towns, shall be employed for a term of not to exceed two years, and their duties other than now specified by law may be defined by the board of education of such incorporated city or town. Act of Mar. 19, '03; L. '03, C. 119, § 16. § 4887. Id.— Duties of president. Sec. 81. It shall be the duty of the president to preside at all meetings of the board of education, to appoint all committees, whose appointment is not other- wise provided for, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school moneys. Act of Feb. 26, '91; L. '91, C. 77, § 18; C. L. '97, § 1573. § 4888. Id. — Duties of vice-president. Sec. 82. It shall be the duty of the vice president to perform all the duties of the president, in case of his absence or disability. Act of Feb. 26, '91; L. '91, C. 77, § 19; C. L. '97, § 1574. § 4889. Id.— Duties of clerk. Sec. 83. It shall be the duty of the clerk to be present at all meetings of the board, to keep an accurate journal of its proceedings; to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the treasurer by order of the board of education, and to perform such other duties as the board of education or its committees may require. Act of Feb. 26, '91; L. '91, C. 77, § 20; C. L. '97, § 1575. § 4890. Id.— Bond of clerk. Sec. 84. Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of one thousand dollars, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of the duties of his office, which together with his oath shall be filed with the treasurer, all other oaths and bonds shall be filed with the clerk. Act of Feb. 26, '91; L. '91, C. 77, § 21 and § 36; C. L. '97, § 1576 and § 1591. § 4891. Id.— Meetings. Sec. 85. The regular meetings of the board of education shall be upon the first Monday of each month, but special meetings may be held from time to time, as circumstances may demand. Act of Feb. 26, '91; L. '91, C. 77. § 24; C. L. '97, § 1579. § 4892. Id. — Annual report — Publication. Sec. 86. The board of education, at the close of each school year, or as soon thereafter as practicable, shall make an annual report of the progress, prosperity and condition, financial as well as educational, of all the schools under their charge ; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed, either in a public newspaper or in pamphlet form, and a copy furnished the county and the State superintendent. Act of Feb. 26, '91; L. '91, C. 77. § 25; C. L. '97. § 1580. 39 Schools and School Districts § 4893 § 4893. Id.— Expenditures and bids. Sec. 87. No expenditure involving an amount greater than two hundred dollars, shall be made except in accordance with the provisions of a written con- tract, and no contract involving an expenditure of more than five hundred dollars, for the purpose of erecting any public buildings or making any improvements, shall be made except upon sealed proposals, and to the lowest responsible bidder. Act of Feb. 26, '91; L. '91, C. 77, § 26; C. L. '97, § 1581. Under this section a recovery of a sum in excess of two hundred dollars for serv- ices rendered cannot be had on a quantum, meruit. Snyder v. Bd. of Education, 10 N. M. 446; 62 Pac. 1091. This section requires competitive bidding based upon plans and specifications and to attain that end some form of reasonable notice is required and is to be implied from the nature of the statute. This section applies to boards of school directors as well as boards of education. Mayes v. Bassett, 17 N. M. 193; 125 Pac. 609. § 4894. Sectarian doctrines not to be taugiit. Sec. 88. No sectarian doctrine shall be taught or inculcated in any of the public schools of the city or town. Act of Feb. 26, '91; L. '91, C. 77, § 27; C. L. '97, § 1582. See Constitution, Art. XII, Sec. 9. § 4895. Board of education — Property exempt from taxation and execution. Sec. 89. All property held by the board of education for the use of public schools, shall be exempt from taxation. Act of Feb. 26, '91; L. '91, C. 77, § 28; C. L. '97, § 1583. As to exemption from execution see Constitution, Art. VIII, Sec. 13. ARTICLE VI. SCHOOL HOUSES— BOND ISSUE— PROPERTY. Section 4896 School houses — Construction from surplus funds. 4897 Id.— Surplus funds — Petition — Procedure. 4898 Id. — Surplus funds insufficient — Partial construction. 4899 Insurance of building. 4900 Penalty for failure to insure. 4901 Bond issue for ^school house. 4902 Bonds for school houses — Election — Form — Sale. 4903 Power to borrow money to erect or furnish buildings — Election — Limitation on in- debtedness. 4904 What law applicable — Repeal clause. 4905 Id. — Boundaries — Map. 4906 Id. — Assessment for taxation. 4907 School houses — County superintendent to order election — Petition. 4908 School houses — ^Vote against bond issue — Building school house from school fund. 4909 Violation— Penalty. 4910 School building fund created. 4911 Application for funds for building school house. 4912 Application for funds — Approval — Limitation of amount 4913 Building plans, submission, changes, approval — Contract. 4914 Warrants, approval and payment — Accounts — Expenditures limited. 4915 Misuse of funds — Embezzlement. 4916 Repayment of funds to state. 4917 Contracts for school buildings, bond — School officers not to profit by contracts — Duty of school officers. 4918 Property presented to educational institutions or common schools. 4919 Sale of school property — Petition. 4920 Unsold lots belong to school district. 4921 Id. — Appraisers — Appointment and oath. 4922 Id. — Appraisement. 4923 Id.— Sale. § 4896 Schools and School Distriqts 30 Section 4924 Id. — Notice of sale. 4925 Id. — Sale — Procedure. 4926 Id. — New appraisement. 4927 Id.— Sale— Disposition of proceeds. 4928 Id.— Rights of person making improvements. 4929 Id. — Purchaser to pay expenses. 4930 Id. — Sale — Conveyances. § 4896. School houses — Construction from surplus funds. Sec. 90. Whenever there shall be a surplus in the general school fund in the county treasury to the credit of any school district in the State, outside of incorporated towns and cities, to the amount of not less than two hundred dol- lars ($200.00) after all the expenses of maintaining the schools in said district for teachers' salary, rent, and other expenses connected therewith, the said surplus or any part thereof, may be withdrawn by the directors of said school district and applied by them to the procuring of a suitable site and the erection thereon of proper school buildings or for the repairing of any school building or buildings for the use of such school district, in the manner following. Act of Mar. 12, '03; L. '03, C. 37, § 1. § 4897. Id.— Surplus funds— Petition— Procedure. Sec. 91. Whenever a petition signed by one-half of the legal voters of such school district described in the preceding section, as shown by the number of votes cast in said district or precinct at the last general election, shall be presented to the county school superintendent, praying that such surplus money described in said section may be turned over to the school directors of such school districts for the purpose of procuring a site and erecting school building or buildings thereon, then it shall be the duty of said county school superintendent within ten days after the receipt of the said petition, to forward the same to the county treasurer, who shall file the said petition and safely keep the same among the records and archives of his office, and it shall be the duty of said county treasurer to at once notify the school directors of such school district of the amount of money then on hand, sub- ject to be withdrawn for the purposes named; and thereafter the said treasurer shall honor and pay all warrants drawn by such school directors against such sur- plus fund for the purchase of site and erection of school houses thereon, when the same are accompanied by itemized and verified accounts and vouchers until the said surplus is exhausted, and it shall be the duty of the school directors to open proper books of account with the said fund, and enter therein all receipts and disburse- ments on account of such fund; and it shall be their further duty to take from persons to whom money may be due on this account, itemized and verified bills in duplicate, one of which shall be retained by said board of directors, and the other shall be transmitted with the warrant drawn in payment thereof to the county treasurer of the county in which said district is located. And the said school di- rectors shall in no event and under no pretext contract for or incur obligations on such account beyond the amount of money available in the county treasury for such purposes, nor shall they under any circumstances incur any debt in the erection of such school house, or houses, or improvement or repair thereof except as provided in section 4902. Act of Mar. 12, '03; L. '03, C. 37, § 2. § 4898. Id. — Surplus funds insufficient — Partial construction. Sec. 92. In case there shall not be sufficient surplus moneys on hand to ])urchasc a site and complete the building or buildings contemplated by the school directors under the preceding sections of this article they are authorized to procure the site for school purposes and to commence the erection of such building or build- ings as they may deem necessary and proper for the purposes named, and shall carry on the construction thereof, so far as the moneys on hand for that purpose 31 Schools and School Districts - § 4899 will permit, as hereinbefore provided in this article, and in case the term of office of any such school directors or any member thereof shall expire, before the said buildings are completed, it shall be the duty of their successor or successors to pro- ceed with the work in the manner in said sections provided until such work is com- pleted. Act of Mar. 12, '03; L. '03, C. 37, § 3. § 4899. Insurance of building. Sec. 93. The board of directors of any school district is empowered to ex- pend, from the funds in the treasury of said school district, any moneys necessary to properly insure any school building or buildings in such school district. Act of Mar. 12, '03; L. '03, C. 37, § 4. § 4900. Penalty for failure to insure. Sec. 94. Any failure of any of the officers mentioned in the preceding sec- tions of this article to carry out their provisions in the letter and the spirit thereof, shall subject such officers to removal and to a forfeiture of their official bond for the benefit of such school district so injured thereby, and any school director so of- fending, shall be disqualified to become his own successor in office either by election or by appointment for a period of one year from date of such removal. Act of Mar. 12, '03; L. '03, C. 37, § 5. § 4901. Bond issue for school house. Sec. 95. That school directors shall have power and authority to borrow money for the purpose of erecting and completing school houses by issuing nego- tiable bonds of the district, to run any period of not less than twenty years nor exceeding thirty years, drawing interest at the rate of not to exceed six per centum per annum, with interest payable semi-annually or annually, at such place as the board of directors issuing the same may direct, which said indebtedness shall be binding and obligatory on the school districts for the use of which said loan shall be made. Act of Mar. 15, '05; L. '05, C. 81, § 1. § 4902. Bonds for school houses — Election — Form — Sale. Sec. 96. The directors of any school district may submit to the voters of their district at the regular or any special election called for that purpose, the question of issuing bonds, giving the same notice of such meeting as is now re- quired to be given for the election of directors, and the amount proposed to be raised by the sale of such bonds, which question shall be voted upon by the qualified electors of the district, and if a majority of all the votes cast upon that question, be in favor of the issue of such bonds, then said board shall issue bonds to the amount voted, in denominations of not less than twenty-five dollars, nor exceeding five hun- dred dollars, due not less than twenty, nor more than thirty years after date, and redeemable at the pleasure of the district at any time after ten years, which said bonds shall be given in the name of the district issuing them and shall be signed by the president of the board of directors and approved by the county superintend- ent and be delivered to the county treasurer, taking his receipt therefor; and said county treasurer shall advertise for the sale of said bonds to the highest bidder, in at least four issues of some weekly paper published in his county, or an adjoin- ing county, and shall countersign said bonds when negotiated; the county treasurer shall place the proceeds of such sale of bonds to the credit of the proper district, to be paid out as provided for in the manner of special district tax. The county treas- urer shall stand charged upon his official bond with all bonds that may be delivered to him, but any bond or bonds not sold may be returned to the district and the treasurer credited with the same: Provided, That if such bonds are issued for the building of a school house, th^t the contractor constructing the same may receive § 4903 Schools and School Districts 32 in payment, such bonds at their face value, or at the price offered by the highest bidder. Provided, further. That none of such bonds shall be sold for less than ninety cents on the dollar. Act of Feb. 12, '91; L. '91, C. 25, § 29; C. L. '97, § 1542. See Constitution, Art. IX, Sec. 11. § 4903. Power to borrow money to erect or furnish buildings — Election — Limitation on indebtedness. Sec. 97. Every school district, whether organized under the name of "school district'' or under the name of ^T^oard of education," shall have power and authority to borrow money for the purpose of erecting and furnishing school buildings and purchasing school grounds, but such power or authority shall exist only when the proposition to create the debt shall have been submitted to the qualified electors of the district, and approved by a majority of those voting thereon. No such school district shall ever become indebted in an amount, including existing indebtedness, exceeding six per centum on the assessed valuation of the taxable property within the district as shown by the preceding general assessment. Act of May 29, '12; L. '12, C. 13, § 1. See Constitution, Art. IX, Sec. 11. § 4904. What law applicable — Repeal clause. Sec. 98. All laws relating to issuing and payment of bonds, interest thereon, and elections to authorize the same, shall be and remain in force as though the preceding section had not been passed, except the provisions of said laws which are in conflict with the provisions of said section. Act of May 29, '12; L. '12, C. 13, § 2. § 4905. Id. — Boundaries — Map. Sec. 99. No bonds of any district shall be issued or any special tax levied until the boundaries of said districts shall have been established and the property marked by monuments or by natural objects as provided by law. The boundaries of all school districts in this State, so far as possible, shall coincide with the pre- cinct boundaries, and said boundaries shall be established by the proper authority, and the comers thereof marked by monuments or natural objects with the words. District Number , in a permanent manner marked upon them, and an outlined map of the district made, showing the length and breadth thereof, and the pro- posed location of the school house ; a copy of the said map to be filed with the county superintendent. Act of Feb. 12, '91; L. '91, C. 25, § 32; C. L. '97, § 1545. The boundary lines and corners of Bchool districts must be located by the county surveyor and not by any other surveyor. Op. Atty. Gen. •09-'12, p.* 62. § 4906. Id.— Assessment for taxation. Sec. 100. In any school district where a special tax is in contemplation of being levied, or of bonds being issued, and after the boimdaries of the district have been properly determined and marked for that purpose, it shall be the duty of the county assessor to visit said district and make an assessment of all taxable property, both personal and real, within said school district, as fully and completely as he is now required to make the assessment of the county, and he shall be gov- erned by the same rules, especially including in such assessment all kinds of live stock which graze wholly within the limits of such district. The county assessor shall provide each board of district directors with a copy of such lists of taxable property in the several districts. Act of Feb. 12, '91; L. '91, C. 25, 8 34; C. L. '97, S 1547. 33 Schools and School Districts § 4907 § 4907. School houses— County superintendent to order election—Petition. Sec. 101. The county superintendent of schools for each county in this State shall have power in cases where any school district in his county does not own a school house, upon a petition signed by twenty residents of such school dis- trict, being each the head of a family and having children of school age in the family, to order the school directors of such school district to submit the question of issuing bonds of such district for the purpose of building a school house as provided for in section 4902 to the voters of such school district. Act of Mar. 15, '99; K '99, C. 46, § 1. § 4908. School houses— Vote against bond issue— Building school house from school fund. Sec. 102. In cases where the question of issuing such bonds has been or shall be submitted to the voters of such school district, and shall fail to carry, then such county superintendent of schools shall in writing order the county treasurer to set aside such portion of the school fund of such district, not less than one-fifth thereof, yearly, for the purpose of eventually building a school house for such dis- trict, and such fund shall be kept for such purpose only, and such superintendent shall, when in his opinion such fund is sufficiently large for the purpose, order the school directors of such district to build such school house, he to approve the con- tract therefor. Act of Mar. 15, '99; L. '99, C. 46, § 2. § 4909. Violation— Penalty. Sec. 103. Any person failing to perform the duties required of him by the two preceding sections, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars; and it shall be the duty of the State superintendent of public instruction to see that said sections are strictly enforced, and to make all proper complaints for violation thereof; and it is further made the duty of all district attorneys to vigorously prosecute the same. Act of Mar. 15, '99; L. '99, C. 46, § 3. § 4910. School building fund created. Sec. 104. Any balance remaining in the reserve fund created for the purpose of enabling school districts to hold school for a term of five months, at the end of the school year shall be set aside by the treasurer of the State to the credit of the "School Building Fund.'' Act of Mar. 15, '13; L. '13, C. 74, § 1. § 4911. Application for funds for building school house. Sec. 105. Any school district in which the regular annual income is insuf- ficient for the maintaining of a school for a period of five months, may make appli- cation to the Superintendent of Public Instruction and Attorney General of the State on a form to be prepared by said Attorney General, for sufficient funds out of the fund herein created, to enable such district to build and construct a suitable school house or houses, or to complete or properly furnish such school house or school houses for the convenience and suitable education of the children therein of com- pulsory school age; such application shall describe the boundaries of such district, give the amount of taxable property therein, its indebtedness already issued and outstanding, the number of school children therein who can be accommodated by such school buildings and all other facts which may aid the State Superintendent and the Attorney General in determining the advisability of construting, complet- ing or furnishing such school building or school buildings; said application shall be signed by the school directors of the district and must, before presentation to the Superintendent of Public Instruction receive the endorsement of the Superin- § 4912 Schools and School Districts 34 tendent of Schools, which said endorsement must appear on said application; Fro- vided, hotvever. Should the County Superintendent of Schools arbitrarily refuse to approve any such application, the directors may present the same to the State Board of Education and said Board may after a hearing, if it finds the facts warrant, approve said application without the endorsement of the County Superintendent of Schools. Act of Mar. 15, '13; L. '13, C. 74, § 2. § 4912. Application for funds — Approval — Limitation of amount. Sec. 106. If the State Superintendent of Public Instruction and the At- torney General of the State approve said application they shall endorse thereon their approval and certify the amount allowed to the auditor of the State who shall draw his warrant in favor of the Treasurer of the County in which said district is situate to be by him credited to said school district payable out of the fund herein created and the Treasurer of the State shall pay said warrant, upon pre- sentation, out of such fund. Provided, that not to exceed ($300) I'hree Hundred Dollars shall be allowed for building or completing any school building nor more than Fifty Dollars for furnishing any school room and in every case the school district receiving aid shall furnish in labor or money at least one-third of the cost of the construction, completion, or furnishing of the school building or buildings. Provided, further, the site for said school building shall be provided by the school directors, which district must first procure title in fee simple to said site. y Act of Mar. 15, '13; L. '13, C. 74, § 3. § 4913. Building plans, submission, changes, approval — Contract. Sec. 107. As soon as the treasurer of the county has placed the amount to the credit of the proper district, he shall notify the county superintendent of schools and the school directors of said district of the amount of money then on hand, subject to be withdrawn for the purposes named herein. The directors shall then prepare plans and specifications for building, completing or furnishing tne school building or school buildings of the district and submit such plans and specifications to the Superintendent of Public Instruction and to the Attorney General of the State for their consideration and approval and said Superintendent of Public Instruction and Attorney General shall make such changes in said specifications as will, in their judgment, serve the best interests of the district. Upon the approval of the plans and specifications by said Superintendent of Public Instruction and Attorney General, it shall be the duty of the Board of School Directors acting in conjunction with the County Superintendent of Schools to call for sealed bids for the construction, completion or furnishing of said school build- ing or buildings, allowing at least thirty days for filing bids with adequate notice of the date and place of opening. At the time and place specified, the county superintendent and the board of school directors shall open said bids and award the contract for building, completing, or furnishing said school house or school houses as, in their judgment, the best interests of the district may require. And it shall be the duty of said county superintendent and school directors to require a sufficient bond of the contractor for the full and faithful compliance with the terms of the contract. Act of Mar. 15, '13; L. '13, C. 74, § 4. § 4914. Warrants, approval and payment — Accounts — Expenditures limited. Seo. 108. The Treasurer of the County shall honor and pay all warrants drawn by the board of school directors against the fund placed to the credit of its district, as herein provided, only when such warrants are approved by the county superintendent of schools as in the case of warrants drawn by school directors for payment of the current expenses of the district. It shall be the duty of the county superintendent before approving any such warrant to require itemized and verified 35 Schools and School Districts § 4915 bills in duplicate, one of which shall be retained by the county superintendent and the other shall be transmitted with the warrant drawn in payment thereof to the county treasurer of the county in which said district is located. And the said school directors shall in no event and under no pretext contract for or incur obliga- tions on such account beyond the amount of money available in the county treasury for such purposes. Act of Mar. 15, '13; L. '13, C. 74, § 5. § 4915. Bfisuse of funds — Embezzlement. Sec. 109. Any official, into whose hands any of the money or funds, pro- vided for in the preceding five sections, shall come, who shall use any portion of such money or funds, for any purpose, other than the purpose herein specified and pro- vided for, shall be deemed guilty of embezzlement, and upon conviction shall be punished by a fine of not more than One Thousand Dollars or by imprisonment for not more than five years, or both and in addition thereto shall be summarily removed from office by the Court imposing sentence and shall thereafter be ineligible to hold any office of trust or profit in the State. Act of Mar. 15, '13; L. '13, C. 74, § 6. § 4918. Repayment of funds to state. Sec. 110. Any district, receiving such money or funds, shall, in each year when there is a surplus remaining in the district fund after the expenses for main- taining a five months' term have been paid, pay such surplus to the Treasurer of tlio State until the amount of money advanced to said district for the purpose of constructing, completing, or furnishing any school house or houses, shall have been refunded, and the money so refunded shall be by the Treasurer of the State credited to the fund herein created and may be paid out as other moneys of such fund. Act of Mar. 15, '13; L.' '13, C. 74, § 7. § 4917. Contracts for schccl buildings, bond — School officers not to profit by contracts — ^Duty of school ofl&cers. Sec. 111. Boards of education or school directors when letting a contract for public school buildings shall require of the contractor a good and sufficient bond for the faithful execution of said contract. And the clerks of said boards out- side of incorporated cities, towns and villages are required to make the county superintendent, from time to time as the superintendent may require, an itemized statement under oath of the cost of labor and material used and work done where practicable and apparatus required and used for constructing and furnishing said building, and school directors are further required to consult with and solicit the co-operation of county superintendents whenever it becomes necessary to purchase furniture, fixtures, etc., for the district schools, and the members of Boards of Education and School Directors and clerk thereof are prohibited from acting as the agent for any person or firm engaged in the selling of school furniture, apparatus, etc., or to receive any commission attending the purchase of such fur- niture, apparatus, etc., for use in their respective districts; and all persons identified in an official capacity with the public schools or with the higher educational in- stitutions supported in w^hole or in part by the public funds of this State are prohibited from being a party directly or indirectly to any contract, or interested in any contract, in connection with the operation or maintenance of such public schools or higher educational institutions; and any contract in which they are so interested shall be void, and the members of any educational board voting for the same shall be guilty of a misdemeanor and liable to punishment accordingly. Act of Mar. 15, '13; L. '13, C. 70, § 1. § 4918 Schools and School Districts 36 § 4918. Property presented to educational institutions or common schools. Sec. 112. In case any person or persons shall will, bequeath, or in any other way donate money or other property for the benefit of any kind of public educa- tional institution, school district, or other educational interest, it shall become the duty of the district court of the district in which the beneficiary of such benefac- tion is located to see to it that said benefaction is sacredly conserved and adminis- tered in accordance with the terms and wishes of the donor or donors; Provided, That if said donor or donors have not provided for or named the executors of their wishes, the Judge of said district court shall appoint three proper persons, under sufficient bond, to administer the same. Act of Mar. 21, '07; L. '07, C. 97, § 27. § 4919. Sale of school property — Petition. Sec. 113. Except as otherwise provided, school district property shall not be transferred by school boards, except upon the .petition of a majority of the qualified electors of any school district desiring such transfer. Act of Feb. 24, '91; L. '91, C. 52; C. L. '97, § 1592. Under this section school directors are prohibited from selling property of the district except upon the required petition. Op. Atty. Gen. 1910-12, p. 66. § 4920. Unsold lots belong to school district. Sec. 114. When the corporate authorities of any town, or the probate judge of the county, for any county in this State in which any town may be situated, shall have entered at the proper land office, the land or any part of the land settled and occupied at the site of such town, pursuant to and by virtue of the provisions of the act of congress, entitled, An act for the relief of citizens of towns upon lands of the United States under certain circumstances, passed May 23rd, 1844, and any amendments that may be made thereto, or where such land may be en- tered by the proper authorities under and by virtue of any special act of congress, and where the corporate authorities fail, to comply with the provisions of sections 5519 et seq and any blocks, lots, shares or parcels of said land remain unsold, the title to said unsold blocks, lots, shares or parcels of land shall vest and be in the school district in which said land is located, and it shall be the duty of the board of trustees of such town, to transfer, by proper deed of conveyance, said unsold blocks, lots, shares or parcels of land to the board of education of such school dis- trict. Act of Feb. 25, '97; L. '97, C. 20, § 1; C. L. '97, § 1600. § 4921. Id. — Appraisers — Appointment and oath. Sec. 115. The board of education of any such school district, shall appoint by order or resolution, a board of appraisers, to consist of three freeholders of any such school district, who shall have no interest in said unsold blocks, lots, shares or parcels of land or the improvements thereon. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said board of education before commencing his duties as Buch appraiser. In case such appraisers should fail or neglect to make the appraise- ment hereinafter specified and file the same with the clerk of such board of educa- tion within ten days after their appointment, then said board may appoint a new board of appraisers for the purpose herein provided. Act of Feb. 25, '97; L. '97, C. 20. § 3; C. L. '97, § 1602. § 4922. Id.— Appraisement. Sec. 116. Said appraisers shall appraise all such blocks, lots, shares and parcels of land, thus conveyed to such board of education, at their just and full cash value, and file their written appraisement as aforesaid. Said appraisement 37 Schools and School Districts § 4923 shall contain a description of each lot or parcel of land so appraised and a state- ment of the cash value of each lot and parcel of land so appraised. Said appraisers shall make a separate statement of the value of such lots and parcels of land with- out improvements and the aggregate value of both; there shall be attached to such appraisement a written affidavit of the said appraisers, verifying each statement of such appraisement and alleging that each of said lots or parcels of land is ap- praised at its just and full value. Act of Feb. 25, '97; L. '97, C. 20, § 4; C. L. '97, § 1603. § 4923. Id.— Sale. Sec. 117. Any or all of said lots may be sold at any time by such board of education either at public vendue to the highest bidder for cash, or at private sale for cash, in the discretion of the board of education: Provided^ That no block, lot, share or parcel of land shall be sold for less than the appraised value thereof. Act of Feb. 25, '97; L. '97, C. 20, § 5; C. L. '97, § 1604. § 4924. Id.— Notice of sale. Sec. 118. When any of said blocks, lots, shares or parcels of land are to be sold at public vendue, the president of the board of education shall give notice, signed in his official capacity, of the time and place of sale of blocks, lots, shares or parcels of land to be sold, by advertisement, published in the county where such school district is situated, or if no newspaper is published in said county, then in the newspaper published nearest said school district. Such public sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset. Act of Feb. 25, '97; L. '97, C. 20, § 6; C. L. '97, § 1605. § 4925. Id.— Sale— Procedure. Sec. 119. Such lots or parcels of land shall be offered for sale singly, unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels of land can be sold together. Such public sale may be continued, if necessary, from day to day, for a period not to exceed three days at any one sale. Act of Feb. 25, '97; L. '97, C. 20, § 7; C. L. '97, § 1606. § 4926. Id. — New appraisement. Sec. 120. A new appraisement of lots or parcels of land to be sold shall be made, in case no appraisement thereof has been made for three months next pre- ceding the date of such sale. Said new appraisement shall be made, either by the old board of appraisers, or a new board of appraisers, to be appointed in the same manner and with the same qualifications as the first board of appraisers. New boards of appraisers may be appointed whenever necessary to have any of said blocks, lots, shares or parcels of land appraised for sale. Act of Feb. 25, '97; L. '97, C. 20, § 8; C. L. '97, § 1607. § 4927. Id. — Sale — Disposition of proceeds. Sec. 121. The moneys arising from the sale of said blocks, lots, shares and parcels of land, after defraying the expense of such sales, shall be paid into the treasury of such school district and applied to the support and maintenance of free, non-sectarian public schools, within the limits of any such school district, or used and expended by said school district in the erection of school buildings for the use of the public schools of said district and for furnishing such buildings, and for no other purpose. Act of Feb. 25, '97; L. '97, C. 20, § 9; C. L. '97, § 1608. § 4928 Schools and School Districts 38 § 4928. Id. — Rights of person making improvements. Sec. 122. In all cases when prior to February 25, 1897, any person may have entered thereon and improved any lots belonging to such school district, such per- son, after the report of such board of appraisers, may purchase any of such lots from the said board of education for cash at the appraised value of said lots, ex- clusive of improvements. Act of Feb. 25, '97; L. '97, C. 20, § 10; C. L. '97, § 1609. § 4929. Id. — Purchaser to pay expenses. Sec. 123. All persons purchasing any lots or parcels of land as above pro- vided shall pay for the drawing, execution and acknowledgment of the deed of conveyance, together with fifty cents to the clerk of such board of education, for attestation with seal of said board of education, by the clerk of said board. Act of Feb. 25, '97; L. '97, C. 20, § 11; C. L. '97, § 1610. § 4930. Id.— Sale— Conveyances. Sec. 124. All conveyances of lots or parcels of land, mentioned in section 4929, shall be signed by the president of the board of education and attested by the clerk of said board, and shall have the seal of said board of education affixed thereto, and be acknowledged by the president of the board of education in the same manner as other conveyances of real estate. Act of Feb. 25, '97; L. '97, C. 20, § 12; C. L. '97, § 1611. ARTICLE VII. SCHOOL FUNDS. SUB-DIVISION I. Section 4931 Permanent school fund — Deposit in banks. 4932 Id.— Interest. 4933 Id.— Bond. 4934 General school fund. 4935 Forfeitures of penal bonds. 4936 Poll tax — Levy and collection. 4937 Id.— Posting list— Report. § 4931. Permanent school fund — ^Deposit in banks. Sec. 125. The principal of the permanent school fund may be invested in an interest paying deposit in any bank or banks in this state, in the manner hereinafter provided in this article. Joint Resolution No. 14, L. 1913. § 4932. Id.— Interest. Sec. 126. It shall be the duty of the Governor, State Treasurer, Attorney General and Secretary of State, to ascertain which bank or banks in the State will pay the highest rate of interest for the deposit of the said permanent school fund and deposit the same therein upon said bank or banks giving a bond as hereinafter required. Joint Resolution No. 14, L. 1913. § 4933. Id.— Bond. Seo. 127. Before the making of the deposit of the said permanent school fund in any bank or banks applying therefor, the said bank or banks shall make, execute and deliver a bond to the state of New Mexico in a penalty which shall not be less than one and one-fourth the amount of the deposit applied for and which it is to receive, conditioned that such bank will promptly pay out to, the parties entitled thereto, all such public monies in its hands upon lawful demand made therefor and will whenever thereunto required by law, pay over to the state 39 Schools and School Districts § 4934 treasurer such monies. The surety on such bond shall be a surety company author- ized to do business under the laws of the state and such bond shall be approved as to form by the Attorney General and as to the sufficiency by the Governor, State Treasurer and Secretary of State. Joint resolution No. 14 of March 15, '13. In so far as this resolution requires the deposit in banks of the funds men- tioned it is beyond the legislative power and void. State V. Marron, 137 Pac. 845. § 4934. General school fund. Sec. 128. The following are declared to be and are to be, temporary funds for common school purposes and shall be paid to the county treasurer to be applied by the county treasurer to the general school fund of each respective county. First. All forfeitures or recoveries on bonds of county, precinct or State school officers. Second. The proceeds of the sales of lost goods or estrays. Third. All moneys arising from licenses imposed upon wholesale and retail liquor dealers, distilleries, breweries, wine presses, which may be required to pay licenses. Thirty-three and one-third per cent, of all the moneys arising from the above enumerated sources, when collected, shall be paid in to the county treasurer to the account of the general county school fund of each county in which collected. The collector or person paying in the above enumerated moneys to the county treasurer shall receive from the county treasurer a receipt in full for the amount paid in. All moneys accruing under the provisions of this section shall on or before the first Monday in January, April, July and October in each year, be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and all officers who fail for two consecutive terms to make such payment and file said duplicate receipts with the county clerk, or who shall have failed to make quarterly reports as required by law, shall be liable to indictment for malfeasance in office and false swearing, and the person so indicted shall upon conviction thereof be ineligible to hold said office for the period of two years thereafter; and judges of the district court shall be required at each term to give this section of the law in special charge to the grand jury, which body is authorized to especially inquire into and make presentment of offenses committed under this article. County treasurers shall quarterly, on or before the third Monday in March, June, September and December in each year, notify the county superintendents of schools in their respective counties of all funds coming into their hands for public school purposes during the preceding quarter and the total amount of moneys on hand then available for public school purposes. Act of Feb. 23, '93; L. '93, C. 59; C. L. '97, § 1548, as amended by Act of Mar. 19, '03; L. '03, C. 119, §§ 17 and 19. As to proceeds of escheats, fines and forfeitures, see Constitution, Art. XII, Sec. 4, which provides that they shall be part of current school fund of state and as to dis- position of balance of funds see Sec. 2900. Cited in Romero v. Bd. of Education, 10 N. M. 67; 61 Pac. 109; Opinion Atty. Gen. 1910-12, pp. 55-189. § 4935. Forfeitures of penal bonds. Sec. 129.^ All moneys recovered on forfeited penal bonds or recognizances shall be paid into the court or school funds of the respective counties where the cause of action originated, or where such recovery may be had, at the discretion of the court trying said cause of action. Act of Feb. 16, '99; L. '99. C. 13, § 1. See Constitution, Art. XII, Sec. 4 § 4936 Schools and School Districts 40 § 4936. Poll tax— Levy and collection. Sec. 130. A poll tax of one dollar shall be levied upon all able bodied male persons of the age of twenty-one years or over, for school purposes. It shall be the duty of the clerks of the various school districts of the State of New Mexico to make out separate lists of all persons liable to pay a poll tax, resident in their respective districts and the said clerk shall receive three dollars, to be paid out of any funds in the hands of the directors of said school district for such serv- ice, and no other person shall receive a recompense for such service. It shall be the duty of the said school district clerk to collect said poll tax and said clerk shall receive ten per centum of all moneys collected from poll taxes. The school district clerks are hereby empowered to bring suit in the name of the school district for the collection of said poll tax, if not paid within thirty days after the first demand has been m.ade for the payment of same from any person so delinquent. All poll taxes shall be paid to the county treasurer for the use of the respective school dis- tricts in which the same are collected, and the treasurer shall pay to the school district clerk his percentage of the gross amount collected: Provided, That no resident of any school district shall pay his poll tax to any other district than the one in which he resides: And, Provided, Further, That no poll tax shall be re- ceived by any district clerk from any resident of any other school district. No property shall be exempt from execution in suits for collection of poll taxes and the justices of the peace and constables shall not demand fees in advance for such suits. Act of Mar. 14, '05; L. .'05, C. 61, § 1. For provisions for payment by employers of tax of employees see Sec, 2675. § 4937. Id.— Posting list— Report. Sec. 131. It shall be the duty of the school district clerks to make at least four copies of the names of persons liable to pay poll tax, and on the first Monday in February he shall post one of said lists in some conspicuous place in their respective districts for the information of the people, and on or before the first Monday in April the school district clerks shall report to the county clerk a com- plete list of said persons liable to pay a poll tax in their respective districts, and shall report said list to the county superintendent in writing, and shall report to said superintendent the amount of poll tax collected, from whom collected, the names of persons still delinquent and the reasons for such delinquency, and further one list of such persons liable to pay a poll tax shall be filed in the office of said clerks. Act of Mar. 14, '05; L. '05, C. 61, § 2. SUB-DIVISION 11. 4938 Public schools — County levy. 4939 Public schools — Reserve fund created — Five months school. 4940 Public schools— Reserve fund— Distribution. 4941 Id. 4942 Id. 4943 School directors — Directors and boards of education — Powers. 4944 School directors and boards of education to certify estimated expenses to county commissioners. 4945 Public schools — County levy for — Distribution of proceeds. 4946 Public schools— Additional levy for. 4947 School districts— Sinking fund— Surplus. § 4938. Public schools— County levy. Sec. 132. The Board of County Commissioners of each county shall annually levy and collect a tax of one-half of one mill on the dollar upon all the taxable property in the county for the maintenance of the public schools, the pro- ceeds whereof shall be paid over to tlie state treasurer as are other state taxes and shall be added to the current school fund. Act of June 10, '12; L. '12, C. 51, § 1. Bepealed L. '15, C. 4, | 11, L. '15, C. 79, { 11, Appendix. 41 Schools and School Districts § 4939 § 4939. Public schools— Reserve fund created— Five months school. Sec. 133. On the first Monday of March, June, September and Decem- ber in each year, the State Treasurer shall credit one-half of the current school fund to a separate fund to be known as the reserve fund which shall be used for the maintaining of a school for the full period of five months. The treasurer shall make a complete statement of all the monies in said current school and reserve funds and certify the same to the Superintendent of Public Instruction. Act of June 10, '12; L. '12, C. 51, § 2. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4940. Public schools — Reserve fund — Distribution. Sec. 134. Within twenty days thereafter, the said Superintendent shall make an apportionment of the money in the said current school fund among the several counties prorata according to the enumeration of children of school age in each county, as shown by the latest returns from the county superintendent of schools and shall certify the apportionment for each county to the state treasurer and auditor and to the treasurer and superintendent of schools in each county, and the said auditor shall draw his warrant on the state treasurer in favor of the proper county treasurer for the amount apportioned to his county, and said money shall become a part of the general county school fund, and shall be apportioned as other monies in said fund. Act of June 10, '12; L. '12, C. 51, § 3. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4941. Id. Sec. 135. The reserve fund described in section 4939 shall be distributed among school districts in which the income from the annual special school tax of fifteen mills plus the regular apportionment from the county general school fund shall not be suificient for the maintaining of school for the full period of five months, and the reserve fund shall be so distributed among such districts as to enable each district to hold school for the said period. For the purpose of this subdivision the words, "district or school district" shall include cities, towns, and villages, and districts outside of such municipalities. Act of June 10, '12; L. '12, C. 51, § 4. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4942. Id. Sec. 136. "\\Tienever. the income of a school district as hereinbefore set forth is not sufficient for the maintaining of a school for the full term of five months, the county superintendent of schools of the county, in which such district is sit- uated, shall furnish the state superintendent with evidence satisfactory to him of the existence of such fact. Upon being satisfied thereof the state superintendent shall make requisition upon said reserve fund through the state auditor in favor of the treasurer of said county, to be by him credited to the proper school district, for such amount as will be sufficient together with such income for the maintain- ing of a school for the full term of five months in said district. Provided, how- ever, that for the purpose of this subdivision the amount which any school district shall expend for maintaining a school for the full term of five months shall not ex- ceed the sum of three hundred dollars for each school room, and that for the pur- poses of this subdivision, no school district shall be entitled to more than one school room for each fifty children of school age or fraction thereof in such district. At the end of each fiscal year, the state treasurer shall return the balance remaining in said reserve fund to the current school fund. Act of June 10, '12; L. '12, C. 51, § 5. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4943. School directors and boards of education — Powers. Sec. 137. The school directors of each school district and the boards of education of cities, towns, and villages, whether incorporated under general or special law, shall have power and are required to provide by purchase or lease § 4944 Schools and School Districts 42 suitable school houses, to keep said school houses in repair, to provide same with necessary furniture and fuel, to provide for the payment of teachers' wages and in- terest on school bonds and for the redemption thereof, and defray all other con- tingent expenses connected with the proper conduct of the public or common schools- Act of June 10, '12; L. '12, C. 51, § 6. Bepealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4944. School directors to certify estimated expenses to county commis- sioners. Sec. 138. It shall be the duty of such school directors on or before the first day of June in each year to make and certify to the board of county commissioners of their respective counties an estimate of the amount of funds necessary for such purposes for the ensuing year. Act of June 10, '12; L. '12, C. 51, § 7. Eepealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. For procedure in cities and towns see Sec. 5472. § 4945. Public schools — County levy for — ^Distribution of proceeds. Sec. 139. The board of county commissioners of each county shall annually at the time of levying other taxes levy a special school tax upon all the taxable property in each of such districts, which, together with the other revenues pro- vided by law, will be sufficient to produce the amount required for such purposes as stated in such estimate. In case said board shall disapprove such estimate or in case the school directors of any district fail to make an estimate, the board of county commissioners shall levy such special school tax for such district as in its opinion will be sufficient to provide the necessary funds for the purposes specified in section 4943. Provided, That the special school tax shall not exceed fifteen mills in districts other than incorporated cities, towns and villages, and twenty mills in such cities, towns and villages. The proceeds of such special school tax for such cities, town? and villages ehall be paid to the treasurers of the several boards of education. The county treasurer shall take duplicate receipts therefor, one of which he shall file in his office and the other he shall transmit to the clerk of the proper board of education. The proceeds of such special school tax for school districts other than incor- porated cities, towns and villages shall be credited by the county treasurer to the respective school districts. Act of June 10. '12; L. '12, C. 51, § 8. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4946. Public schools — Additional levy for. Seo. 140. To further provide the necessary funds for the conduct of the public schools of the county, the board of county commissioners shall annually on or before the first day of August in each year, levy a general county school tax of three mills on the dollar upon all the taxable property of the counties to be assessed and collected as other taxes are assessed and collected. The proceeds of this levy shall bo placed to the credit of the general county school fund. Act of June 10, '12; L. '12, C. 51, § 9. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. § 4947. School districts— Sinking fund— Surplus. Sec. 141. Any surplus in the sinking fund of any school district may be applied by the directors of said district to ihe building of additional school houses or to the enlargement of their present school buildings. Act of June 10, '12; L. '12, C. 51, § 10. Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 43 Schools and School Distrij^s <^^'^_^?,^v 1 ^^^^ ARTICLE VIIL TEACHERS. For necessity of certificates see section 4810. Section 4948 Teachers having tuberculosis — Employment prohibited. 4949 Teachers — Health certificate required. 4950 Health certificate — Fee. 4951 Teachers having tuberculosis — Finding of physician — Appeal. 4952 Teachers having tuberculosis— Finding of physician — Second examination prohib- ited — Appeal. 4953 Teachers— Complaint against for health reasons. 4954 Teachers' wages. 4955 Teachers— Payment monthly. 4956 Teachers — Record and reports — Failure — Salary warrants. 4957 Teachers — Qualifications — History and civics. 4958 New Mexico history and civics to be taught. 4959 History of New Mexico — Preparation and sale. § 4948. Teachers having tuberculosis — Employment prohibited. Sec. 142. No person shall be employed as a school teacher, instructor or professor in any public school or other educational institution, in the State of Kew Mexico, supported in whole or in part by revenues derived from taxes paid into the public treasury by the taxpayers of this State, who shall be afflicted with the disease called tuberculosis, commonly known as consumption, in a trans- missible form. Act of Mar. 18, '01; L. '01, C. 43, § 1. § 4949. Teachers — Health certificate required. Sec. 143. Before any person shall be employed as a school teacher, instructor or professor in any public school or other educational institution in this State, he shall file with the governing authorities of the school district, board of educa- tion, board of regents or other governing educational body of any university or college, a certificate from any reputable physician, who is a resident of New Mexico and has a license to practice medicine in New Mexico, and who is not himself afflicted with the disease, that the said person is not at the time of the examination to be made by said physician, afflicted with the said disease called tuberculosis, commonly known as consumption as hereinbefore defined. Act of Mar. 18, '01; L. '01, C. 43, § 2, as amended by L. '03, C. 92, § 1. § 4950. Health certificate— Fee. Sec. 144. For the making of the said examination and for the making of the certificate provided for, the physician making the same shall charge a fee of two dollars and no more. Act of Mar. 18, '01; L. '01, C. 43, § 4. § 4951. Teachers having tuberculosis — Finding of physician — Appeal. Sec. 145. Whenever such physician shall find the applicant to be afflicted with tuberculosis, or what is commonly known as consumption, it shall be his duty to at once notify the superintendent of public instruction of New Mexico, giving the name, age and sex of the applicant, together with the date of examination, and a general statement of the case. Whereupon it shall be the duty of said superin- tendent to at once notify the school superintendents of each county in New Mexico of the infoiTQation he has received. And in case any applicant so examined shall feel aggrieved he may take appeal to the New Mexico board of health and present himself for examination, and it shall be the duty of said board of health to thor- oughly examine such person, and the result and decision of said board shall be final, and such decision shall be certified by it to the superintendent of public instruc- tion of New Mexico, who shall thereupon notify the different school superintendents of each county. Act of Mar. 18, '03; L. '03, C. 92, § 1. § 4952 ' Schools and School Districts 44 § 4952. Teachers having tuberculosis — Finding of Physician — Second ex- amination prohibited — Appeal. Sec. 146. No person who has been examined by a physician as above pro- vided, and has been rejected by such physician shall apply to any other physician for examination or certificate, but he shall have right of appeal to the board of health of New Mexico. And if any person shall apply to any other physician in violation of this section, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed one hundred dollars ($100.00) and shall not be eligible as a school teacher in any county of New Mexico. Act of Mar. 18, '03; L. '03, C. 92, § 2. For disposition of fine see Constitution, Art. XII, Sec. 4. § 4953. Teachers — Complaint againsi; for health reasons. Sec. 147. If at any time there shall be lodged with the governing authorities of any school district, board of education, board of regents or other governing educational body, a complaint signed by any taxpayer of this State, setting forth that in his opinion any school teacher, instructor or professor is afflicted with the disease known as tuberculosis, commonly called consumption, as hereinbefore defined such governing authorities, board of education, board of regents or other educational body shall forthwith require such person so claimed to be afflicted with tuberculosis, to submit to an examination by any reputable physician, who is a resident of New Mexico and has a license to practice medicine in New Mexico, and who is not himself afflicted 'v\dth the disease, and unless such person shall within ten days thereafter file with the school authorities a certificate of such physician, that he is not afflicted with the disease commonly known as tuberculosis or con- sumption, such person shall be forthwith discharged from emploj^mcnt as such teacher, instructor or professor, and no warrant or order for any salary or wages to any such person, shall be paid by any school or other treasurer until such cer- tificate shall have been obtained and filed as provided for in this section. Act of Mar. 18, '01; L. '01, C. 43, § 5, as amended by L. '03, C. 92, § 1. This section does not prevent the dismissal of a school teacher for reasons other than those stated. State v. Board of Education, 18 N. M. 183, 135 Pac. 96. § 4954. Teachers' wages. Sec. 148. The maximum salary that shall be paid to any teacher employed to teach in the public schools in this State holding a certificate not higher than a third grade shall be fifty ($50.00) dollars per month; the maximum salary that shall be paid to a holder of a certificate not higher than a second grade shall be seventy-five ($75.00) dollars per month; Provided, That permits shall in no case be classed as higher than a third grade certificate, but if a holder of a permit shall secure a regular teachers' certificate during the term for which he is engaged, the salary for the entire term may be fixed in accordance with the grade of said cer- tificate; Provided, further, That a teacher employed in any of the public schools of this State shall be entitled to full pay for a period not to exceed one month during which the school may be closed by the board of school directors, board of education, or board of health, on account of loss by fire, danger from contagious disease, or other similar cause. These provisions shall apply to the public schools in cities, towns, and villages as well as in rural districts. Any school director, member of board of education, or other person violating the terms of this section shall, upon conviction in a court of competent jurisdiction, be fined in the sum not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars, or imprisoned for a term not less than ten days nor more than ninety days, and may be removed from office by proper procedure. Act of Mar. 21, '07; L. '07, C. 97, § 26, as amended by L. '09, C. 121, § 10. 45 Schools and School Districts § 4955 § 4955. Teachers— Payment monthly. Sec. 149. All public school teachers engaged in teaching within incorporated cities, towns and villages, as well as in any other public schools in the State of New Mexico, shall be paid monthly, unless there are no funds available in which event they shall be paid so soon as the funds are available therefor. Act of Mar. 19, '01; L. '01, C. 57, § 1. § 4956. Teachers — Record and reports — Failure — Salary warrants. Sec. 150. Every person employed to teach a school shall keep a proper record, and at the end of each term, make a report to the county superintendent, showing the whole number of pupils that have attended school during such term, giving the names, age and sex, the average daily attendance, the branches taught, and such other facts as may be deemed important as showing the character of the school and the proficiency of the pupils; and for failure to make such report, he may be fined in the sum of not more than fifty dollars, upon conviction before any justice of the peace. No person shall be paid any money for teaching any school outside of incorporated cities, towns and villages, until an order is presented, signed by two of the school directors of the proper district and indorsed by the county super- intendent. Act of Feb. 12, '91; L. '91, C. 25, § 23; C. L. '97, § 1536. § 4957. Teachers— Qualifications — History and civics. Sec. 151. No teacher of the first and second grades shall be granted a cer- tificate to teach, by the Board of Education of the State of New Mexico, unless said teacher shall have passed a satisfactory examination in the History and Civics of the United States, as well as in the History and Civics of the State of New Mexico. Act of June, 8, '12; L. '12, C. 41, § 1. § 4958. New Mexico history and civics to be taught. Sec. 152. It shall be the duty of the teachers in the public schools in the State to give such instruction as is practicable in the History and Civics of the United States, with special reference to the History and Civics of the State of New Mexico, which said instruction may be given orally or by study of text books cover- ing the subject and which said text books shall have been adopted by the State Board of Education. Act of June 8, '12; L. '12, C. 41, § 2. § 4959. History of New Mexico — Preparation and sale. Sec. 153. The said History and Civics of the State of New Mexico shall be prepared by a known historian of the State and shall be sold at a price to be fixed by the State Board of Education not to exceed one dollar per volume. Act of June 8, '12; L. '12, C. 41, § 3. ARTICLE IX. COMPULSORY ATTENDANCE. Section 4960 School attendance compulsory, 4961 Failure to send children to school — Penalty — Books for indigent children. 4962 Compulsory education — Enforcement — Charge to grand jury. § 4960. School attendance compulsory. Seo. 154. The school directors or board of any school district, town or city in this State are empowered and required to compel parents, guardians or other persons having the control, care or direction of children, when such children do not attend some private or denominational school, to send such children under their control to the public school during the entire time such school is in session § 4961 Schools and School Districts 46 in each scholastic year in their respective school communities, except that children referred to in this article shall be not less than seven nor more than fourteen years of age, or of such physical disability as to unfit them for school duties, which disability shall be certified to by some regular practicing physician. Provided, That the private or denominational school shall be equal in its teaching to the public school of the district; and Provided, further. That this section shall not apply to children who live more than three miles from a public school. Act of Mar. 12, '03; L. '03, C. 39, § 1, as amended by L. '09, C. 121, § 1. § 4961. Failure to send children to school — Penalty — Books for indigent children. Sec. 155. Any parent, guardian or other person having the control of chil- dren and who shall fail or refuse to send such children to school as required by this article, after the clerk of the school district or the clerk of any town or city school board shall have given public notice containing the substance of this article, written or printed in both English and Spanish, by posting same in some con- spicuous place at three separate points within the district, or publishing the same in some newspaper within the district, shall be punished upon conviction thereof by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), or by imprisonment for not more than ten days in any county jail : Provided, that if such parent or guardian is not able, by reason of poverty, to buy books for any such child, it shall be the duty of the school board of any town, district or city, upon the facts being shown to the satisfaction of a majority thereof, to purchase, through the county superintendent or through the district, town or city superin- tendent, if there be one, the necessary books for the use of said child or children, which books shall be loaned to said indigent pupil daring the school term, yet shall remain the property of the district under the care and custody of the district clerk : Provided, further, that a sum not exceeding fifty dollars ($50.00) may be expended in any district in any one year for supplying indigent children with such necessary books, to be paid for out of the school fund of such district, by warrants drawn as in other cases. Act of Mar. 12, '03; L. '03, C. 39, § 2. § 4982. Compulsory education — Enforcement — Charge to grand jury. Sec. 156. County superintendents are vested with general supervisory powers in this matter and shall require directors to comply with the provisions of the preceding section; and it shall be the duty of the presiding judge of the district courts to give, at each session of the court, the substance of this article as a special charge to their respective grand juries, ^nd it is made the duty of the district at- torneys to give particular heed to the prosecution of causes growing out of viola- tions of this article. Act of Mar. 12, '03; L. '03, C. 39, § 3. ARTICLE X. COUNTY HIGH SCHOOLS. Section 4963 Establishment. 4964 County high schools— How established— Petition— Election. 4965 Id. — Free admission. 4966 Id. — Management. 4967 Boards of education and school directors- Women eligible. 4968 County high schools — Levy. 4969 Id.— Distribution. 4970 Id.— Cost of building. 4971 Id.— District bonds for site and building. 4972 Id.— Courses in. 4973 Id. — Management. 47 Schools and School Districts § 4963 § 4963. Establishment. Sec. 157. County High Schools may be established as hereinafter provided in this article in each county in this State. Act of Mar. 11, '13; L. '13, C. 20, § 1. § 4964. Id.— Petition—Election. Sec. 158. When petitioners to the number of one-fifth of the electors of the county^ including women qualified as provided in section 1, Article YII of the State Constitution, sball petition to the board of county commissioners of any county requesting that an election be called to determine the question of estab- lishing a county high school in such county at a place named in said petition, it shall be the duty of said board of county commissioners to call an election for said purpose not less than thirty days following the meeting of said board at which such petition is received. Said election shall, in all matters not provided for in this article be called, conducted and the returns made and canvassed as provided by law for the election of county officers. At said election the ballots shall read "For a county high school at ^' and "Against a county high school at ^^ If a majority of votes cast at said election shall be in favor of establishing such high school it shall be the duty of said board to establish a high school at the place named in said petition by executing a certificate under the seal of said board, of which certificate duplicates shall be delivered to the county clerk and the assessor of said county. Act of June 10, '12; L. '12, C. 57, § 2. § 4965. Id. — Free admission. Sec. 159. All children of school age residing in said county who have passed the elementary course of study in the eighth grade, as prescribed by the Board of Education of the State or the district wherein any such school is located, shall be admitted to such county high school free of tuition. Act of June 10, '12; L. '12, C. 57, § 3. § 4966. Id.— Management. Sec. 160. The management and government of each of said high schools shall be under the control of the Board of Education or school directors of the city or district where said school is established and maintained. Act of June 10, '12; L. '12, C. 57, § 4. § 4967. Boards of education and school directors — ^Women eligible. Sec. 161. The county superintendent, by virtue of his office, shall be a mem- ber of said board. All members of the board of education or school directors, ex- cept the school superintendent, shall be elected and the board shall organize in the same manner as provided by law except that women qualified by law shall have the right to vote and hold the office of member of the board of education or school director in the city or district where the county high school is established. Act of June 10, '12; L. '12, C. 57, § 5. § 4968. County high school — Levy. Sec. 162. For the purpose of maintaining county high schools the boards of education or school directors of all the county his^h schools established in any county of the State under this article shall be permitted to levy, in addition to the levies provided by law, an additional levy to be known as the county high school levy which shall not exceed two mills upon the dollar. Act of June 10, '12; L. '12, C. 57, § 6. See L. '15, C. 54, § 12, Appendix. § 4969 Schools and School Districts 48 § 4969. Id.— Distribution. Sec. 163. Said levy made for County High Schools shall be certified to the County Clerk of the county in which said high school or schools are situate by the president and secretary of each of said boards and the county clerk is directed to certify the same to the assessor of said county who shall place the same upon the tax rolls of said county and said taxes shall be collected in the same manner as other taxes, and when collected the county treasurer shall place the same to the credit of the district or districts where any such county high school or schools are situate, in a separate fund known as the County High School Fund. The Treasurer of said county shall apportion said high school fund among the high schools of the county established under this article, and if there be more than one such high school, in the ratio shown by the number of children attending such high schools during the preceding year. Provided, however, that no child shall be counted in determining said ratio who has attended said high school for less than half of the regular sessions of its high school year. At the end of each high school year the president and secretary of the board of school directors of each district Having such high school shall certify under oath to the treasurer of the county the number of such pupils attending the high school during the preceding year as the basis for apportionment of the county high school fund. Provided, further, that when an additional high school shall be established it shall receive during the first school year not to exceed one-third of the monies then in the county high school fund. Provided, further, that more than one high school may be established and designated as a county high school in any year, and in that case, the county high school fund shall be apportioned among such schools on the basis of attendance during the preceding high school year for such schools. High schools now located and established in any county of the State shall be designated and established as county high schools as provided in this article. Act of Mar. 11, '13; L. '13, C. 20, § 2. § 4970. Id.— Cost of building. Sec. 164. It is hereby expressly provided that the cost of site, location of building and erection and cost thereof for any such county high school shall be entirely borne by the district where such high school is established, and the county high school fund hereinbefore provided for shall be used only for the maintenance and operation of the said county high school or high schools. Act of June 10, '12; L. '12, C. &7, § 8. § 4971. Id.— District bonds for site and building. Sec. 165. The board of education or school directors of the district where any such county high school is established shall proceed as soon as practicable after the establishment of said county high school to secure the necessary site and build- ings and are hereby authorized to bond the said district as now provided by law for the purpose of providing the necessary site and buildings. Act of June 10, '12; L. '12, C. 57, § 9. § 4972. Id.— Courses in. Sec. 166. The board of education or school directors of the district where any such county high school is established shall add to the course of study provided for such school the additional branches of manual training, domestic science, the elements of agriculture and commercial science. Act of June 10, '12; L. '12, C. 57, § 10. § 4973. Id.— Management. Sec. 167. The board of education or school directors of the district where any such county high scliool is established shall employ and discharge teachers, regulate their salaries and shall have the power and authority to make all necessary 49 Schools and School Districts § 4974 rules arxd regulations and to do all things for the proper management and control of said county high school. Act of June 10, '12; L. '12, C. 57, § 11. ARTICLE XI. NORMAL SCHOOLS. Section 4974 Names. 4975 Board of regents — Corporate pov/ers. 4976 President and secretary and treasurer — Election — Bond of secretary. 4977 Board of agents — Meetings — Quorum. 4978 Id. — Powers — Superintendent — Studies — Admission of students. 4S79 President and secretary — Duties — Reports. 4980 Board of regents and secretary — Compensation. 4981 Railroad fare for normal school students. 4982 The New Mexico Normal University — Manual training — Kindergarten training school. 4983 Nonsectarian. 4984 Eminent domain — Condemnation. 4985 Spanish-American normal school — Establishment — Location. 4986 Management — Trustees, appointment, etc. 4987 Instruction — Scholars obliged to teach — Entrance qualifications. § 4974. Names. Sec. 168. The State educational institution at Las Vegas, shall be known by the name and title of the Xew Mexico Normal University; and the State edu- cational institution at Silver City, shall be known by the name and title of the New Mexico Normal School. § 4975. Board of regents — Corporate powers. Sec. 169. Said normal schools shall each be controlled and managed by a board of regents consisting of five members to be appointed by the governor, by and with the advice and consent of the senate for a term of four years, and not more than three of whom shall belong to the same political party at the time of their appointment. The members of such board shall be qualified electors of the State and owners of real estate therein. Each such board shall constitute a body politic and corporate, and shall have power to sue and be sued, to contract and be contracted with, and the title to all property belonging to each such normal school shall be vested in the respective corporate bodies and their successors. Act of Feb. 11, '93; L. '93, C. 19, § 3; C. L. '97, § 8652; Constitution, Art. XII, § 13. As to qualifications of members, see Constitution, Art. VII, § 2. § 4976. President and secretary and treasurer — Election — Bond of secretary. Sec. 170. Each of such boards shall annually elect one member thereof as president and another member as secretary and treasurer, and such officers shall hold their offices until their successors shall be elected and qualified. The secretary and treasurer shall execute his bond to the State of New Mexico for not less than twenty thousand dollars, with at least two freehold sureties, residents of the State, which shall be conditioned for the faithful performance of the duties of such secretary and treasurer, and shall be approved by the governor and filed in the office of the sec- retary of state. Act of Feb. 11, '93; L. '93, C. 19, § 4; C. L. '97, § 3653. § 4977. Board of regents — Meetings — Quorum. Sec. 171. Each of said boards of regents shall hold at least four meetings during each year at their respective normal schools for the purpose of discharging their duties, the time of such meetings to be fixed by such board, and the president of such board may call special meetings thereof when in his judgment the business of such schools demands the same. Three members of such boards shall constitute a quorum for the transaction of business. Act of Feb. 11, '93; L. '93, C. 19, § 5; C. L. '97, § 3654. § 4978 Schools and School Districts 50 § 4978. Id. — Powers — Superintendent — Studies— Admission of students. Sec. 172. Said boards of regents shall have full and complete power and control over their respective normal schools. Bach board shall emplo}' a superin- tendent or principal for such school who shall have the supervision and control of the school under such rules and regulations as may be provided by such board. Such board shall determine and provide as to what branches of learning shall be taught in such school and the classification and order of the same, and shall also direct the number of teachers that shall be employed, and shall determine the com- pensation to be paid to the superintendent and teachers. Such board shall also prescribe upon what teims and conditions pupils shall be admitted to such school, but no pupils shall be admitted who are not residents of this State, except on payment of a tuition fee to be prescribed by the board of regents for each term. Act of Feb. 11, '93; L. '93, C. 19, § 6; C. L. '97, 3655, as amended by L. '99, C. 18, § 4. § 4979. President and secretary— Duties— Reports. Sec. 173. The president of each board shall preside at all meetings thereof and shall sign the proceedings of the same, and shall sign all orders directed by the board to be drawn upon the treasurer thereof for the payment of money. In the absence of the president at any meeting of the board, the members present shall elect a president p'o tem. The secretary of the board shall have charge of the records, books, and papers belonging to such board, and shall keep a record of the proceedings of such board, and shall issue and attest all orders directed by the board to be drawn upon the treasurer of the same for the payment of money. Such 'secretary, as treasurer, shall have the care and custody of all moneys belonging to such school, and he shall pay out the same only upon orders drawn upon him by direction of' the board of regents and signed by the president thereof; and at each regidar meeting of such board such treasurer shall submit to the same a statement showing a full account of the condition of financial affairs of such school. Act of Feb. 11, '93; L. '93, C. 19, § 7; C. L. '97, § 3656. § 4980. Board of regents and secretary — Compensation. Sec. 174. The members of the respective boards of regents shall be entitled to the sum of two dollars per day during the time they shall be employed in the actual discharge of their duties, and five cents per mile for each mile necessarily traveled in going to and returning from their places of residence to the place of meeting of such board; but the person who is elected as secretary and treasurer of such board shall be entitled to receive three dollars per day during the sessions of such board, and mileage as above provided. Act of Feb. 11, '93; L. '93, C. 19, § 8; C. L. '97. § 3657. § 4981. Railroad fare for normal school students. Seo. 175. The Board of Regents of the New Mexico Normal University and tlio ^rw ^[oxico Normal School are hereby empowered and directed to set aside out; of flic icmilar appropriation for each of these institutions, the sum of Fifteen irii!i(liv(l JJoUars, to pay the railroad fare in excess of seventy-five miles, both going to Jiiiil (oming from said institutions, of all persons who enroll with a view of pivp.ninir to teach in the schools of New Mexico. Provided, that such students sliall 1)(! l)ona fido residents of New Mexico at the time of entering such institution, shall liavc attendiMl continuously for not less than eight weeks, and shall file with tlip ]H'(«^i(!('iif of (he iiistitiifion n dorlnrntion of their intention to teach in the Stat'^ of New Mcxicn. Tlic i;iilr(»a