House Bill No. 186

An act to establish and provide for the maintenance of the University of New
Mexico, the Agricultural College and Agricultural Experiment Station, the
School of Mines, and the Insane Asylum, and for other purposes.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. There is hereby created and established within and for the
Territory of New Mexico, an Institution of learning to be known as "The
University of New Mexico". Said institution is hereby located at or near
the town of Albuquerque, in the county of Bernalillo within two miles
north of railroad avenue in said town, upon a tract of good high and dry
land, of not less than twenty acres suitable for the purposes of such
institution, which said land shall within six months from the passage of
this act, be donated and conveyed, free of any cost and expense, to the
Territory of New Mexico by G.W. Meylert provided that no improvements or
buildings as hereinafter provided for, shall be made or erected upon such
land until such deed is duely [sic] executed, recorded and filed in the
office of the Secretary of the Territory as herein after provided.

Section 2. There is also hereby created and established an institution of
learning, to be known as the "Agricultural College and Agricultural
Station of New Mexico". Said institution is hereby located at or near the
town of Las Cruces in the County of Dona [sic] Ana, upon a tract of land
of not less than one hundred (100) acres, contiguous to the main Las
Cruces irrigating ditch, south of said town and now owned by Jacob
Schaublin, and which said land shall within six months from the passage of
this act, be donated and conveyed by said Jacob Schaublin free of any cost
and expense, to the Territory of New Mexico for such purpose; provided
that no improvements or buildings as hereinafter provided for, shall be
made or erected upon such land until deed is duely [sic] executed,
recorded and filed in the office of the Secretary of the Territory as
hereinafter provided.

Section 3. There is also hereby created and established within and for the
Territory of New Mexico, an institution of learning, to be known as "The
New Mexico School of Mines". Said institution is hereby located within the
limits of the city of Socorro in the county of Socorro upon a tract of
land of not less than twenty acres, suitable for the purposes of such
institution, which shall be donated and conveyed by a good and sufficient
deed to the Territory of New Mexico by the owner thereof, free of cost and
expense to said Territory, which deed shall be executed within six months
from the passage of this act, and no improvement or building as
hereinafter provided for, shall be made or erected upon such land until
such deed is duely [sic] executed, recorded and filed in the office of the
Secretary of the Territory as hereinafter provided.

Section 4. There is also hereby created and established an Asylum for the
indigent insane, to be known as "The New Mexico Insane Asylum". Said
institution is hereby located at or near the city of Las Vegas, in the
county of San Miguel, upon a tract of land of not less than five acres
suitable for the purposes of such institution, which shall be donated and
conveyed by a good and sufficient deed to the Territory of New Mexico, by
Benino Romero of Las Vegas, free of any cost or expense to said Territory
within six months from the passage of this act, and no improvements or
buildings as hereinafter provided, shall be made or erected upon such land
until such deed is so executed, approved and filed in the office of the
Secretary of the Territory as hereinafter provided.

Section 5. To provide a fund for the making of the necessary improvements,
the erection of necessary buildings, and the support and maintenance of
the several institutions hereby created and established, there shall be
assessed and levied annually including the year A.D. 1889, upon all
taxable property in this Territory one mill on each dollar of the yearly
assessed value of such property, which shall be known as "The Territorial
Institution [F]und", and shall be levied and collected at the same time
and in the same manner as is provided by law for the assessment and
collection of other Territorial taxes; and it shall be the duty of the
Territorial Auditor yearly (including A.D. 1889) to notify the different
assessors of the different counties of this Territory, to levy, and upon
such notice it shall be their duty to so levy the tax provided for by this
act.

Section 6. It shall be the duty of every collector of tax in this
Territory, to collect such taxes so levied, and to enter in a suitable
book an account of all taxes collected in pursuance of this act, and of
amounts paid over to the Territorial Treasurer on account of such taxes.
The said collector of taxes shall pay over to the Territorial Treasurer
monthly, all monies collected under the provisions of this act, which
Treasurer shall keep an account of the same in a book provided for that
purpose; and as soon as any part of such fund is so received from any such
collector by such Treasurer he shall place the same to the separate
account of each of the institutions created by this act, in the following
proportions to wit:
To the University of New Mexico, two fifths of said fund,
To the Agricultural College, one fifth of said fund.
To the New Mexico School of Mines, one fifth of said funds.
To the New Mexico Insane Asylum, one fifth of said fund. And
provided said Treasurer shall pay out said funds upon proper requisitions
as hereinafter provided, and not otherwise, and provided further, that no
warrant shall be drawn upon any of the funds above set aside, unless there
hall be money in that said fund for the payment of the same.

The University of New Mexico

Section 7. The University of New Mexico hereby created and established, is
intended to be the state University when New Mexico shall [be] admitted as
a state into the Union and as such, is entitled to all the donations of
land and all other benefits under all acts of Congress now in force or
hereafter to be enacted for the benefit of such educational institutions
in the future state.

Section 8. The object of the university hereby created shall be to provide
the inhabitants of the territory of New Mexico and the future state with
the means of acquiring a thorough knowledge of the various branches of
literature, science and arts.

Section 9. The management and control of said university[,] the care and
preservation of all property of which it shall become possessed, the
erection and construction of all buildings necessary for its use and the
disbursement and expenditures of all moneys appropriated by this act,
shall be vested in a board of five Regents to consist of five qualified
voters who shall be owners of real estate in this territory. Said five
members of the board [sic] of Regents shall be appointed in the manner now
provided by law for the appointment of territorial officers not earlier
than the first day of September, nor later than the first day of October
next after the passage of this act and vacancies occurring in said board
shall be filed in the same manner as is now provided by law for the
filling of vacancies in other territorial offices.

Section 10. The board [sic] of Regents provided for in this act, shall be
appointed one for a term of one year, one for a term of two years, one for
a term of three years, one for a term of four years and one for a term of
five years, provided that all appointments made to fill vacancies caused
by death, resignation or otherwise shall be for the unexpired term of the
incumbent whose place shall have become vacant. All other appointments
made subsequent to the appointment of the first Board of Regents provided
for in this act, shall be for the term of five years, and until the
appointment and qualification of a successor to such appointee.

Section 11. The Regents of the university and their successors in office
shall constitute a body corporate under the name and style of "The Regents
of the University of New Mexico" with the right, as such, of suing and
being sued, of contracting and being contracted with, of making and using
a common seal and altering the same at pleasure.

Section 12. The board [sic] of Regents of the University of New Mexico
shall meet and organize by the election of its officers at Albuquerque in
said Bernalillo county on the second Wednesday in November A.D. 1889. The
officers then elected shall hold their offices until the second Monday in
March A.D. 1891 when their successors shall be elected and said elections
shall occur annually on the second Monday in March in each year
thereafter, all officers so elected shall hold their offices until their
successors are duly elected and qualified. At such elections they shall
elect a PResident [sic] and a Secretary and Treasurer from their number.
The persons so elected as secretary and treasurer shall, before entering
upon the discharge of his duties as such, execute a good and sufficient
bond to the territory of New Mexico, with two or more sufficient sureties,
residents of this territory, in the penal sum of not less than twenty
thousand dollars, conditioned for the faithful performance of his duties
as such secretary and treasurer, and that he will faithfully account for
and pay over to the person or persons entitled thereto all moneys which
shall come into his hands as such officer, which said bond shall be
approved by the Governor of the territory and shall be filed with the
territorial secretary.

Section 13. The president of said board shall be the chief executive
officer, shall preside at all meetings thereof (except that when he is
absent the board may appoint a president pro tem) and sign all instruments
required to be executed by said Board. He shall, also generally direct the
affairs of said University, nominate and by and with the advice and
consent of the board of regents, appoint all professors, tutors,
instructors and other employees necessary to the proper conduct of said
University; and in like manner shall be determined the amount of their
respective salaries, subject to the provisions of this act. The secretary
and treasurer shall be the financial and recording officer of said board,
shall keep a true and correct account of all moneys [sic] received and
expended by him, shall attest all instruments required to be signed by the
president, and shall keep, a true record of all the proceedings of said
Board, and generally do all other things required of him by said board.

Section 14. The regents shall have power and it shall be their duty to
enact laws, rules, and regulations for the government of the university.

Section 15. The university shall have departments, which shall hereafter
be opened at such times as the board of regents shall deem best, for
instruction in science, literature and the arts, law, medicine,
engineering and such other departments and studies as the board of regents
may from time to time decide upon, including military training and
tactics.

Section 16. The immediate government of the several departments shall be
intrusted to their respective faculties, but the regents shall have the
power to regulate the course of instruction, and prescribe the books, and
authorities to be used in the several departments, and also confer such
degrees and grant such diplomas as are usually conferred and granted by
other Universities. The regents shall have power to remove any officer
connected with the University when in their judgement the interests
require it.

Section 16 (17). The University created by this act, shall be opened to
children of all residents of this territory and such others as the board
of regents may determine, under such rules and regulations as may be
prescribed by said board, whenever the finances of the institution shall
warrant it, and it is deemed expedient by said board of regents.

Section 17 (18). No sectarian tenets or opinions shall be required to
entitle any person to be admitted as a student or employed as a tutor, or
other instructor in said University but the same shall be forever be
strictly non-sectarian in character.

Section 18 (19). The meetings of the board may be called in such manner as
the board of regents may prescribe, and the majority of said Board shall
constitute a quorum for the transaction of business, but a less number may
adjourn from time to time.

Agricultural College

Section 19 (20). The Agricultural College and Agricultural Experiment
Station, created and established by this act, shall be an institution of
learning open to the children of all residents of this territory, and such
other persons as the board of Regents may determine, under such terms,
rules and regulations as may be prescribed by said board [sic] of Regents
shall be non-sectarian in character and devoted to practical instruction
in agriculture, mechanic arts, natural sciences connected therewith, as
well as a thorough course of instruction in all branches of learning
bearing upon agriculture, and other industrial pursuits.

Section 20 (21). The course of instruction of the college hereby created,
shall embrace the English language, literature, mathematics, philosophy,
civil engineering, chemistry and animal and vegetable anatomy and
physiology, the veterniary [sic] art, entomology, geology and political,
rural and household economy[,] horticulture, moral philosophy, history,
mechanics and such other sciences and courses of instruction as shall be
prescribed by the regents of this institution of learning.

Section 21 (22). The management of said college and experiment station,
the care and preservation of all property of which said institution shall
become possessed, the erection and construction of all buildings necessary
for the use of said college and station, and the disbursement and
expenditure of all moneys [sic], provided for by this act, shall be vested
in a board of five regents. Said five regents shall possess the same
qualifications, shall be appointed in the same way and the terms of office
shall be the same and vacancies shall be the filled in like manner, as is
provided in section nine and section ten of this act, with reference to
the regents of the territorial university. Said regents and their
successors in office shall constitute a body corporate, with the name and
style of "The Regents of the Agricultural College of New Mexico" with the
right as such of suing and being sued, of contracting and being contracted
with, of making and using a common seal and altering the same at pleasure;
of causing all things to be done necessary to carry out the provisions of
this act. A majority of the board shall constitute a quorum for the
transaction of business but a less number may adjourn from time to time.

Section 21 (23): The board shall meet and organize by the election of its
said officers, at said town of Las Cruces, or at the said college grounds
in said county of Dona [sic] Ana, on the second Wednesday in November A.D.
1889. The officers then elected and their successors in office shall be
the same, be elected in the same manner, at the same time, and possess the
same qualifications, and the regents and officers shall perform their
duties as provided for the regents and the officers of the University of
New Mexico, in this act.

Section 22 (24): The regents shall have the power and it shall be their
duty to enact laws for the government of the said agricultural college and
experiment station.

Section 23 (25): The board of regents shall direct the disposition of any
moneys [sic] belonging to or appropriated to the agricultural college and
experiment station established by this act, and shall make all rules and
regulations necessary for the government and management of the same, adopt
plans, and specifications for necessary buildings and superintend the
construction of said buildings and fix the salaries of professors,
teachers and other employes [sic] and the tuition fees to be charged in
said college.

Section 24 (26): The agricultural experiment station provided for in this
act, in connection with said agricultural college shall be likewise
located upon the land referred to in section 2 of this act, and it shall
be under the direction of the said board of regents of said college for
the purpose of conducting experiments in agriculture according to the
terms of section one of an act of Congress approved March 2nd 1887, and
entitled "An Act to establish agricultural experiment stations in
connection with the colleges established in the several states under the
provisions of an act approved July 2nd. 1862, and of the acts
supplementary thereto". The said college and experiment station shall be
entitled to receive all the benefits and donations made and given to
similar institutions of learning in other states and territories of the
United States and territories by the legislation of the Congress of the
United States now in force or that may hereafter be enacted, and
particularly to the benefit and donations given by the provisions of an
act of Congress of the United States entitled "An act donating public
lands to the several states and territories which may provide colleges for
the benefit of agriculture and mechanic arts" approved July 2nd. 1862, and
of all acts supplementary thereto, including the act entitled "An act to
establish agricultural experiment stations in connection with colleges
established in the several states under the provisions of an act approved
July 2nd. 1862, and of the acts supplementary thereto", which said last
mentioned act was approved March 2nd. 1887.

Section 25 (27): The assent of the legislative assembly of the territory
of New Mexico is hereby given in pursuance of the requirements of section
nine of said act of Congress, approved March 2nd. 1887 to the granting of
money therein made to the establishment of experiment stations in
accordance with section one of said last mentioned act and assent is
hereby given to carry out, within the territory of New Mexico, all and
singular the provisions of said act.

Section 26 (28): The board of regents shall have the power and it shall be
their duty to enact laws for the government of the agricultural college
and experiment station and the meetings of said board may be called in
such a manner as the regents may prescribe.

Section 27 (29): The immediate government of the several departments shall
be intrusted to their respective faculties, but the regents shall have the
power to regulate the course of instruction and prescribe, under the
advice of the faculty the books and authorities to be used in the several
departments, and also to confer such degrees and grant such diplomas as
are usually conferred and granted by other agricultural colleges. The
regents shall have power to remove any officer connected with the
agricultural college or experiment station when, in their judgement, the
best interests of the college require it.

The School of Mines

Section 28 (30): The object of the school of mines created, established
and located by this act, is to furnish facilities for the education of
such persons as may be desire to receive instruction in chemistry,
metallurgy, mineralogy, geology, mining, milling, engineering,
mathematics, mechanics, drawing, the fundamental laws of the United States
and the rights and duties of citizenship, and such other courses of study,
not including agriculture, as may be prescribed by the board of trustees.

Section 29 (31): The management and control of said School of Mines, the
care and preservation of all property of which it shall become possessed,
the erection and construction of all buildings necessary for its use and
the disbursement and expenditure of all moneys appropriated by this act,
or which shall otherwise come into its possession, shall be vested in a
board of five trustees, who shall be qualified voters and owners of real
estate in said territory [s]aid trustees shall possess the same
qualifications, shall be appointed in the same way, and their terms of
office shall be the same, and the vacancies shall be filled in like manner
as is provided in sections 7 and 8 of this act, with reference to regents
of the territorial university. Said trustees and their successors in
office, shall constitute a body corporate under the name and style of "The
Trustees of the New Mexico School of Mines" with the right, as such, of
suing and being sued, of contracting and being contracted with, of making
and using a common seal and altering the same at pleasure, and of causing
all things to be done necessary to carry out the provisions of this act. A
majority of the board shall constitute a quorum for the transaction of
business but a less number may adjourn from time to time.

Section 30 (32): The board shall meet and organize by the election of its
officers at the town of Socorro in Socorro county, on the second Wednesday
of November A.D. 1889, The officers then elected and their successors in
office shall be the same, be elected in the same manner, at the same time
and possess the same qualifications as the officers of the University of
New Mexico and the secretary and treasurer so elected shall give bonds in
the sum of ten thousand dollars in the manner provided in section ten of
this act.

Section 31 (33): The president of said board shall be the chief executive
officer, shall preside at all meetings thereof (except that when he is
absent the board may appoint a president pro tem) sign all instruments
required to be executed by said board; he shall also direct the affairs
generally of the said School of Mines, shall nominate and by and with the
advice of said board of trustees appoint all professors[,] instructors,
tutors and other employees necessary to the proper conduct of said school
of mines, and in like manner, shall determine the amount of their
respective salaries subject the provisions and restrictions of this act.

Section 32 (34): The Secretary and Treasurer shall be the financial and
recording officer[s] of said board, shall keep a true and correct account
of all moneys [sic], received and expended by him, shall attest all
instruments required to be signed by the president of said board, and
shall keep a true and correct record of all proceedings of said board, and
generally do all other things required of him by said board.

Section 33 (35): The board of trustees shall have power and it shall be
their duty to enact by-laws, rules and regulations for the government of
such School of Mines not inconsistent with the laws of the territory; and
they shall also prescribe the text books to be used, the course of study,
the branches to be taught, the numbers of departments into which said
school shall be divided and to change the same from time to time; to fix
the scholastic year, provide apparatus, mineral and geological cabinets
and do all and everything necessary in and about the premises with a view
to promoting the best interests of said institution.

Section 34 (36): The immediate government of the several departments shall
be intrusted to their several faculties.

Section 35 (37): The board of trustees shall have the power to confer such
degrees and grant such diplomas as are usually conferred and granted by
other similar schools.

Section 36 (38): The trustees shall have the power to remove any officer,
tutor or instructor or employee connected with said school when in their
judgement the best interests of said school requires it.

Section 37 (39): Said school of mines shall be a place for instruction in
the branches mentioned in section 52 of this act, with or without charge
to residents of this territory as shall be deemed best by the Trustees,
but non-residents shall be admitted to the privileges of such school upon
such terms as the Trustees shall prescribe.

Section 38 (40): The board of trustees shall require such compensation for
all assays, analyses, mill tests, or other services performed by said
institution as they may deem reasonable and the same shall be collected
and paid into the treasury of the School of Mines for said institution and
an accurate account thereof shall be kept in a book to be provided for
that purpose.

Section 39 (41): The institution hereby established as the New Mexico
School of Mines is intended to be the state school of mines when New
Mexico shall be admitted into the Union as a state, and it shall be
entitled to the benefits of all grants of land and moneys [sic] which
shall be given to the territory by any act of Congress for the endowment
of said institution, and such lands and moneys [sic] shall be used for the
benefit of this institution located at Socorro, Socorro County and for no
other purpose.

The Insane Asylum

Section 40 (42): The object of the Insane Asylum created and established
by this act is to properly care for the indigent insane of the territory
of New Mexico, and provide suitable accommodations and maintenance
therefor.

Section 41 (43): The management and control of said asylum, the care and
preservation of all property of which it shall become possessed, the
erection and construction of all buildings necessary for its use, and the
care and custody of all patients therein confined, and the disbursement
and expenditure of all moneys [sic] appropriated by this act or received
in any other manner for its use, shall be vested in a board of five
directors, who shall be qualified voters and owners of real estate in this
territory.

Section 42 (44): Said five members of the board of directors shall be
appointed in the manner now provided by law for the appointment of
territorial officers, not earlier than the first day of September, nor
later than the first day of October next after the passage of this act,
and vacancies occurring in said board shall be filled in the same manner
as is now provided by law for the filling of vacancies in other
territorial offices.

Section 43 (45): The board of directors, so to be appointed for said
Insane Asylum shall possess the same qualifications[,] shall be appointed
in the same way, and their terms of office shall be the same as is
provided in section seven and eight of this act with reference to Regents
of the Territorial University. Said board of directors and their
successors in office shall constitute a body corporate, under the name and
style of "The Directors of the Insane Asylum of New Mexico", with the
right as such, of suing and being sued, contracting and being contracted
with, of making and using a common seal, and altering the same at
pleasure, of causing all things to be necessary to carry out the
provisions of this act with reference to said Insane Asylum. The majority
of said board shall constitute a board for the transaction of business but
a less number may adjourn from time to time.

Section 44 (46): The Board of Directors of said Insane Asylum shall meet
and organize by the election of its officers at Las Vegas in the county of
San Miguel on the second Wednesday in November A.D. 1889. The officers
then elected and their successors in office shall be the same, and shall
be elected in the same manner, at the same time and possess the same
qualifications, and the secretary and treasurer shall give like bond in
like manner and in amount as is provided for the officers of the
[T]erritorial University in section 10 of this act.

Section 45 (47): The president of the board shall be the chief executive
officer, shall preside at all meeting[s] thereof (except when he is absent
the board may appoint a president pro tem) sign all instruments, required
to be executed by said board. He shall also generally direct the affairs
of said asylum, nominate and by and with the advice and consent of the
board of directors employ all physicians, nurses, guards and other
employes [sic] deemed necessary by said board to the proper management of
said asylum or as morein provided, and in like manner shall determine the
amount of their respective salaries, subject to the provisions and
restrictions of this act.

Section 46 (48): The Secretary and Treasurer shall be the financial and
recording officer[s] of said board, shall keep a true and correct account
of all money received and expended by him, shall attest all instruments,
required to be signed by the president and shall do all other things
required of him by said board.

Section 47 (49): Said board of directors shall have power and it shall be
their duty to enact laws, rules and regulations not inconsistent with the
laws of the territory, or this act, for the government of said asylum[,]
its employes [sic] and inmates and shall provide for the manner in which
all meetings of said board shall be called and held.

Section 48 (50): The board of directors shall have power to remove any
officer or employe [sic] of said insane asylum when, in their judgement,
it is to the best interest of said institution.

Section 49 (51): The said board of the asylum shall have the discretionary
powers, in case of absolute necessity to remove patients to the nearest
possible safe and appropriate place, to cause the accounts of the asylum
to be so kept and reported as to show the quality, quantity, cost and
vendor of every article purchased. To examine and audit the expenditure
for employes [sic] and all other expenses incident to the conduct of the
asylum, and care and maintenance of the patients therein. To make
regulations and fix the terms upon which insane patients who are not
indigent and who are not residents of the territory shall be permitted to
enter or be cared for in said asylum. All receipts from such source[s]
must be paid into the territorial treasury to the credit of the Insane
Asylum fund. When said asylum shall be opened for the reception of the
insane, and there shall be sufficient funds in the hands of the
territorial treasurer to the credit of the Asylum Fund for such purpose,
said board shall require the medical superintendent or manager to submit
estimates of the amount of provisions, fuel, clothing and other supplies
required for the period of three months from the time said report is
received and said board shall then proceed to advertise in some newspaper
published in said territory for the period of four successive weeks,
calling for bids to supply the same, or so much thereof as they may deem
necessary or have money to pay for, and shall let the contract for
furnishing the same to the lowest responsible bidder, provided said board
shall have the right to reject any and all bids, and no more than the
regular market price shall be paid for any supplies for said asylum. And
said board shall have the right to require satisfactory security of all
contractors for supplies, for the faithful performance of their contracts.
Nothing in this act shall prevent said board from purchasing contingent
supplies at the lowest market price, prior to any regular meeting or in
the case of emergency.

Section 50 (52): The Medical Superintendent must be a graduate in medicine
and must have practiced his profession five years after the date of his
diploma, and must be give [sic] so much of his time to the looking after
said asylum as may be provided for by said board of directors, and reside
at or near said asylum. The duties shall be such as may be prescribed by
the board of directors in their by-laws, in relation to control of the
patients, prescribing the treatment and the enforcement of sanitary
regulations of said asylum and the making of all reports and estimates as
to expenditures and the condition of said asylum as said board of
directors may deem proper.

Section 51 (53): Insane persons received into the asylum, must upon
recovery be discharged therefrom. Insane convicts must be received into
the asylum and returned to the territorial penitentiary upon their
recovering unless their sentence has expired. No person afflicted with any
contagious or infectious disease shall be admitted into the asylum as a
patient. No indigent insane person, not a resident of this territory shall
be received into the asylum unless he can became insane within the
territory, but in all cases the indigent insane of this territory shall
have the preference right to admission. If at the time of the discharge of
the patient from the said asylum or after the death and burial of any
patient confined therein, there remains in the custody of the directors or
superintendent any money, paid for the support or maintenance of such
patient, in excess of the necessary charges, and expenses due for such
patients, support and care it must, upon demand, be repaid to the person
who advanced the same.

Section 52 (54): Whenever it appears by affidavit to the satisfaction of a
justice of the peace of any county, that any person within the said county
is so far disordered in his mind as to endanger his health, person or
property, he must issue and deliver to some peace officer for service a
warrant, directing that such person shall be taken into custody and taken
before any judge of the district court within the proper district for
examination. When the person is so taken before said judge, he must issue
subpoenas to two or more witnesses best acquainted with said person to
appear and testify before said judge at such examination. A subpoena shall
so issue for at least one graduate of medicine requiring him to attend
such examination, and if said physician, upon such examination shall
certify that said person is insane and that it would be dangerous for him
to be at large in the community, and the court is satisfied of the same,
and further if said person is indigent, he shall order said person to be
committed to said asylum, and such indigent insane person shall be
admitted to said asylum upon presentation of such certificate. And in such
case the court shall have the right to make an order granting the
reasonable costs and charges of such examination and the transportation of
such person to said asylum against the county from which he is taken, and
the county commissioners of such county shall audit and allow the same in
favor of the several persons entitled thereto [p]rovided; that, in case
any person so found to be insane is possessed of property of any sort that
can be subjected to the payment of the care and support of such insane
person, then the court shall order all proper proceedings to be taken to
subject such property to the payment of the care and support of said
person; [p]rovided further; no case of idiocy, imbecility or simple
feeblemindedness shall be maintained at nor shall any case of delirium
tremens or mania a potu be admitted to said asylum.

General Provisions

Section 53 (55): It shall be the duty of the several boards of the several
institutions established, by this act, as soon after their organization as
practicable as in this act provided and as soon as there shall be in the
hands of the treasurer of the territory in any one of the separate funds
provided for in section 3 of this act, in their judgement sufficient to
warrant the beginning of the erection of the several institutions herein
provided for, or any wing or section of the same, to enter into contracts
with one or more contractors for the erection and construction of suitable
buildings and improvements for their respective institutions, as created
by this act, as in their judgement they shall deem best, or the funds
aforesaid shall warrant, all things considered, which said buildings and
improvements shall be erected and made upon the respective tracts of land
donated for the use of the several institutions as provided respectively
in this act; such contract or contracts shall be let after open public
notice and competition under such regulations as shall be established by
such boards of each of said institutions to the person or persons who
offer to execute such work on the terms most advantageous to said boards,
or to the territory of New Mexico. Provided that in all cases said boards
shall require a good and sufficient bond from such contractors for the
faithful performance of the work, and the full protection of the territory
against mechanic's and other liens. And provided further that no change
shall be made in the plans or specifications after the contract is let.
Provided further that each of said boards may announce to all bidders for
such work, that such bidders may secure the use of convict labor in the
execution of such work as in this act provided, and provided further, that
no such board shall have power to enter into any contract for the erection
of any buildings or improvements for the current expenses of any such
institution which shall bind said board to pay out any sum of money in
excess of the amount collected in such year for such purposes.

Section 54 (56): The warden, manager or superintendent of the Penitentiary
of this territory is hereby authorized and required to surrender to any
contractor for the construction of any building or buildings or other
improvements contracted for by any of the boards of regents or managements
of any of the several institutions created by this act, any number of
convicts not exceeding fifty, to be used upon said work of construction,
and said contractors shall have a preference right to the use of the labor
of all convicts subject to be used under this act, while any of the
buildings provided for in this act shall be in process of construction,
and provided further that no such contractors shall be required to pay
anything for the services of such convicts, while actually engaged in the
work called for in their several contracts, and provided for in this act.
Such contractor or contractors shall, before receiving such convicts,
enter into bonds to the territory of New Mexico in the penal sum of at
least ten thousand dollars, to be approved by the Governor, conditioned
that he or they will safely and securely guard said convicts so that they
cannot escape while under his control; that he will provide safe and
comfortable lodging and wholesome food in sufficient quantity for the
needs of such convicts, will treat them in a humane manner and safely
return them to the territorial penitentiary when their services shall be
no longer required in the execution of such contract, and provided
further, that no convict whose unexpired term of service in said
penitentiary shall exceed five years, shall be so delivered to any such
contractor. Any contractor so receiving any convicts from the territorial
penitentiary shall support and maintain and guard said convicts and
transport them to and from the penitentiary at his own proper cost and
expense, free of cost to the territory of New Mexico.

Section 55 (57): If any contractor, guard or other person or persons
having the custody of any convict from the territorial penitentiary
delivered under the provisions of this act for the construction of any
building or improvements of any of the institutions hereby created shall
wilfully [sic] or negligently suffer or permit any such convict to make
his escape or shall beat, whip, or abuse in an inhuman manner any such
convict, such person shall be guilty of a misdemeanor, and upon convict on
thereof, shall be fined in any sum not less than one hundred dollars nor
more than one thousand dollars in the discretion of the court before whom
the conviction shall be had. If any convict in the custody of any
contractor guard or other person under the provisions of this act, shall
make his escape from such contractor, guard or other person and shall not
voluntarily return and surrender himself to his keeper within twenty four
hours after such escape, such convict upon conviction thereof shall be
punished by confinement in the territorial penitentiary for a period of
three years from and after the expiration of his previous sentence, and he
shall forfeit all allowances for good conduct previously earned by him.
Everey [sic] contractor who shall receive the convicts from the warden,
manager or superintendent of the penitentiary under the provisions of this
act, shall submit to such rules and regulations, for the care, custody and
maintenance of such convicts, as shall be prescribed by the board of the
institution where they may be employed and any contractor who shall fail
to observe and perform all rules and regulations so prescribed by the said
board shall forfeit his right to the labor of such convicts and such
convicts shall, upon the order of the said Board for such cause, be
returned to the territorial penitentiary or delivered to some other
contractor, if any such there be, but no such convicts shall, under any
pretense whatever, be employed at any other labor than that contemplated
by this act, while in the custody of any such contractor.

Section 56 (58): The members of the several boards of the institutions
established by this act shall be allowed their actual and necessary
travelling expenses in going to and returning from all necessary sessions
of their respective boards and also their necessary expenses while in the
actual attendance upon the same.

Section 57 (59): If any secretary, treasurer or other officer or member of
the several boards of any of the institutions provided for in this act
shall feloniously embezzle, secrete, misapply, or convert to his or their
own use any money or property belonging to any of said institutions, he
shall be deemed guilty of a felony and on conviction thereof shall be
confined in the territorial penitentiary for a term of not less than three
nor more than ten years in the discretion of the court before whom such
conviction had.

Section 58 (60): The Secretary and Treasurer of all such Boards shall make
disbursements of the funds in his hands on the order of the board which
order shall be countersigned by the President of the Board and shall state
on what account the disbursement is made.

Section 59 (61): Whenever there shall be any money in the hands of the
territorial treasurer to the credit of any of the specific funds set apart
of the institutions created by this act, deemed sufficient by such board
to commence the erection of any of the necessary buildings or improvements
and pay the running or other expenses of such institutions the territorial
auditor or the request in writing of any such boards shall and it is
hereby made his duty to draw his warrant in favor of the treasurer of said
board and institution upon the territorial treasurer against the specific
fund belonging to such institution in such sum, not exceeding the amount
on hand in such specific fund at such time as said board may deem
necessary, provided that any such board shall only draw said money as it
may be necessary to the disburse the same.

Section 60 (62): All of the managing boards of the several institutions
provided for in this act, shall annually on or before the first day of
December make a full and true report in detail under oath, of all their
acts and doings during the previous year, their receipts and expenditures,
the exact status of their institution and any other information that they
deem proper and useful or which may be called for by the Governor, which
said report shall be made to the Governor and he shall transmit the same
to the succeeding session of the legislature.

Section 61 (63): The district judge of the proper district, in which the
lands are situated, which are to be donated and conveyed to the territory
of New Mexico, for the use of the several institutions, provided for in
this act, shall receive, approve, and after recording, transmit such deeds
to the secretary of the territory who shall file the same in his office
and he is hereby designated as the custodian of all such deeds.

Section 62 (64): The Governor of the Territory and the territorial
superintendent of public instruction or education (if there be one) shall
ex-officio be advisory members of all boards of the several institutions,
provided for in this act, but shall not have the right to vote or be
eligible to office terein [sic].

Section 63 (65): The several boards provided for in this act, shall have
power in their discretion to employ skilled architects and superintendent
to prepare plans and supervise the construction of any of the buildings
provided for in this act, and to fix his compensation subject to
provisions and restrictions of this act.

Section 64 (66): The regular meeting of all boards provided for in this
act shall be held quarterly, provided they shall hold as many special
sessions as they shall deem necessary.

Section 65 (67): The several boards provided for in this act shall have
power in their discretion to provide that their several secretaries and
treasurers, shall receive a salary not to exceed fifty dollars per month.

Section 66 (68): At least one member of the several boards provided for in
this act shall be a resident of the town or city at or near which the
institution is located.

Section 67 (69): The records of the several boards provided for in this
act shall be open at all reasonable times for the inspection of any
citizen.

Section 68 (70): No employee or member of any of the boards created by
this act, shall be interested pecuniarily either directly or indirectly in
any contract for building or improving any of said institutions or for the
furnishing of supplies to any of such institutions.

Section 69 (71): Each and every member of the several boards created by
this act shall before entering upon their respective duties take and
subscribe an oath to faithfully and honestly discharge their dutis [sic]
in the premises, and strictly and impartially perform the same to the best
of their several abilities. Said oath shall be filed with the secretary of
the territory.

Section 70 (72): All of the institutions established by this act shall be
entitled to receive all the benefits and donations made and given to
similar institutions of learning and charity in other states and
territories of the United States, by the legislation of Congress of the
United States, or from private individuals or corporations, and for the
benefit of said institutions they shall have power to buy and sell or
lease or mortgage realty, and do all things that, in the opinion of the
several boards, will be for the best interests of said institutions, and
are in the line of its object.

Section 71 (73): All the institutions provided for in this act shall
forever remain strictly non-sectarian in character and no creed or system
of religion shall be taught in any of them.

Section 72 (74): For the purpose of erecting any of the buildings or
improvements of the several institutions provided for and created by this
act, the several boards shall have the right to call upon the warden,
manager or superintendent of the territorial penitentiary at Santa Fe, for
any amount of brick they may require for such purpose and upon such board
making such request in writing the said warden, manager or superintendent
shall, and it is hereby made his duty to immediately by means of convict
labor cause said number of brick so ordered to be loaded on the cars at
Santa Fe and shipped to the said institution. Provided: that no charge
shall be made for said brick or for the loading of the same to any of the
public institutions created by this act, but the said brick, shall be so
furnished and loaded free of charge. The brick on hand at the territorial
penitentiary at the date of passage of this act, shall be reserved for the
building of the several public institutions hereby created, unless the
same can be sold for cash at a price not less than three dollars per
thousand. If any officer of the penitentiary violates any of the
provisions of this act by refusing to deliver convicts, refusing to
deliver brick or selling the same he shall be subject to removal by the
Governor and be guilty of a felony and on conviction shall be punished by
a fine of not less than one hundred dollars nor more than five hundred
dollars or to imprisonment for a term of not less than six months or more
than two years or both in the discretion of the court before whom the
cause is tried.

Section 73 (75): All acts and parts of acts in conflict with this act are
hereby repealed and this act shall be in force and take effect from and
after its passage.

Albert J. Fountain
Speaker of the House of Representatives

J. Fran'co Chaves
President of the Council

approved Feb 28 1889
Edmund G. Ross

FILED IN OFFICE OF
Sec'y. Territory of N.M.
Feb. 28, 1889
GEO. W. LANE
Sec'y

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