Sec. 5. The commissioner of public lands shall receive for his salary the sum of twenty-five hundred ($2,500.00) dollars per annum, payable monthly, and is hereby authorized to employ and appoint one assistant commissioner of public lands, who shall receive for his salary the sum of eighteen hundred ($1,800.00) per annum, payable monthly, and define his duties but who shall in the absence of the commissioner act for and in his stead in all matters pertaining to the leasing and protection of all territorial lands, and receive and receipt for and account to the commissioner for all money so received due to the Territory from the leasing, sale, management and control of said lands; to require from said assistant commissioner a good and sufficient bond for the faithful performance of the duties pertaining to his position, the amount of said bond to be fixed by said commissioner; to employ and appoint one special agent to investigate and inspect territorial lands and timber, and perform such other duties as may be required of him, at a salary of twelve hundred ($1,200.00) dollars per annum, payable monthly, one book-keeper, at a salary of one hundred ($100.00) dollars per month, and one stenographer at a salary of seventy-five ($75.00) dollars per month, who shall be subject to the immediate direction of the commissioner, and shall employ such temporary help as is necessary, at the expense of not to exceed one thousand ($1,000.00) dollars per annum.

Sec. 6. It shall be the duty of the commissioner of public lands and the assistant commissioner of public lands, to devote as much of their time as possible to inspecting and appraising the territorial land and timber subject to lease or sale, for the purpose of ultimately obtaining a complete record of the character and value of all such land, and they shall be allowed their actual expenses necessarily incurred when required to make trips to different parts of the Territory in the performance of their official duties. The special agent shall in like manner be allowed his actual expenses necessarily incurred in the performance of the duties required of him under this act.

Sec. 7. All expenses incurred in the leasing, sale, protection, management and control of the territorial lands, including all salaries and office expenses, the expenses of the commissioner, assistant commissioner and special agent in investigating, inspecting and appraising said lands and timber, together with all other expenses actually necessary to be incurred in the administration of this act, shall be paid out of the funds derived from the leasing, sale, management and control of same. Itemized bills of all expenses excepting the fixed monthly charges of the office, which shall be paid

on the last day of each month, shall be filed with and approved by the commissioner of public lands before payment; and all expenses, unless incurred for the benefit of some particular fund, shall be equitably distributed between the several funds.

Sec. 8. All money received by the commissioner of public lands from the leasing, sale, management and control of territorial lands shall, before being transferred to the territorial treasurer, be deposited in some bank or banks, and all disbursements made by said commissioner from said money in payment of salaries and expenses as herein provided for shall be made by checks numbered consecutively by series, and drawn upon vouchers bearing like numbers, definitely setting forth the account covered thereby, with an itemized statement of said account, and receipted bills when possible, attached thereto; each of the said vouchers to be approved by said commissioner before drawing his check in payment of the accounts covered thereby and become and form a part of the records of his office.

Sec. 9. The commissioner of public lands may require of applicants to lease territorial lands that they procure appraisements to be made of the land applied for, by some thoroughly disinterested and creditable person or persons, familiar therewith, setting forth such information as may be desired and sworn to before an officer duly authorized to administer oaths and take acknowledgments. All statements contained in such appraisements must be made from personal knowledge, and not upon information and belief, save and except only those with reference to the actual value of the land appraised.

Sec. 10. Any person or persons applying to lease or purchase territorial land, or appraising said land, making a false statement under oath, as provided in this act, or misrepresenting or concealing any fact or facts with reference thereto, shall be liable to prosecution and upon conviction thereof shall be punished by a fine of not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars, or by imprisonment for not less than three months nor more than one year, or both at the discretion of the court.

Sec. 11. It shall be the duty of each and every county assessor of the Territory of New Mexico to make returns, upon blank forms to be provided by the commissioner of public lands for that purpose, of all territorial lands located within their respective counties, and to place a value on said lands as on patented lands adjoining of like character, and as though they were assessing them to owners, and also to state if said lands are occupied, and if so, by whom; also the

amount and kind of improvements, if any, and the value thereof, together with the legal sub-divisions, township and range. And said assessors shall make returns of such assessments to the commissioner of public lands at the same time and in like manner that returns are made of other lands to county commissioners, and there shall be stated in such returns the assessed value of all legal sub-divisions of such lands.

Sec. 12. All lands now owned or hereafter acquired by the Territory of New Mexico for leasing purposes only shall be subject to lease by the commissioner of public lands, and all other lands now owned or hereafter acquired by said Territory shall be subject to lease or sale by said commissioner; Provided, however, That he shall only lease and sell said lands in accordance with the terms of this act and the law or laws under which they have been or may be acquired, and; Provided, further, That none of said lands shall be leased for less than three per cent. per annum of their actual value as may be determined by said commissioner upon appraisements made of said lands or values fixed thereon by county assessors or both, as herein provided for, nor sold for less than the actual value thereof so determined, and in no event shall any of said land be sold for less than three dollars ($3.00) per

acre.

Sec. 13. It shall be the duty of the commissioner of public lands in all contested cases, when hearings are necessary and witnesses may be required to be examined, to set a date for hearing such cases; to duly advise the contestants and their accredited attorneys by registered mail of the date for such hearings, and on the date appointed the commissioner is hereby empowered to administer oaths and to hear and receive evidence in accordance with such rules as he may adopt, and all evidence given and provided in such cases shall be fully transcribed and arranged at the cost of the parties to the contest and form a part of the records of the office of the commissioner of public lands, and said commissioner shall render a decision on such evidence in accordance therewith. Any person, corporation or association of persons aggrieved by any such decision may appeal to the district court; Provided, That such person, corporation or association of persons shall file a complaint with the clerk of said court within thirty days from the date of the decision complained of and proceed to prosecute same in the manner provided for in other civil actions.

Sec. 14. All applications to lease or purchase territorial lands shall be made upon blank forms furnished for that purpose by the commissioner of public lands, free of charge,

and shall contain such information as he may require and shall be sworn to by the applicant.

Sec. 15. All rentals for leased lands shall be payable annually in advance on the first day of October, and all notes executed for deferred payments shall mature on the first day of October of each year, and the date of expiration of all leases shall be the first day of October of the year said lease is to expire. All notes for deferred payments shall be executed by the principal, and two sureties who must be homesteaders or persons of known financial responsibility.

Sec. 16. All leases of territorial land shall be conditioned upon the payment of rental as provided for in this act, and contain a covenant that the leased premises shall be surrendered to the Territory at the expiration of the lease, or upon the admission of said Territory as a State.

Sec. 17. Any lessee of territorial land not in arrears in the payment of rental may, only with the consent of the commissioner of public lands, upon payment of all money promised to be paid in consideration of his said lease, assign all his right, title and interest therein to any responsible person who is a qualified lessee; but such assignment shall not operate to discharge said lessee from any of the obligations of his lease, therein covenanted, with reference to the protection of the land covered thereby, and no assignment of a lease shall inure to the benefit of the assignee unless approved by the commissioner of public lands and filed in his office within thirty days after the execution thereof.

The said commissioner shall demand and receive the sum of two ($2.00) dollars for each assignment, which amount shall be paid before the assignment is approved and filed in his office, and shall be credited to the fund to which the land belongs.

Sec. 18. Any lessee of territorial land desiring to renew his lease for another term of years, must make his application in writing to the commissioner of public lands, upon such blank forms as may be furnished for that purpose on or before the first day of August, prior to the expiration of his lease; and any such lessee who has in good faith complied with all the requirements of his lease shall have a preference right to re-lease said land for another term of years at a value to be fixed by the commissioner in accordance with this act. In case an application for a renewal lease is not filed. within the time herein provided, the lessee shall be deemed to have waived his preference right to a renewal of his lease, and the commissioner may proceed to lease the same as provided by law.

Sec. 19. All rents contracted or due shall be a first lien

on any and all improvements and crops on the lands leased and such lien shall be prior and superior to any other lien or incumbrance whatsoever, whether taken with or without notice of the lien for rental due and unpaid or to become due, and when the rent for any lease is due and unpaid the commissioner of public lands may forthwith attach all improvements and crops on the land, or so much thereof as may be sufficient to pay said rental, together with all costs incurred in the enforcement of said lien in accordance with law provided for the enforcement of other liens. The enforcement of any such lien for the collection of rental shall work a forfeiture of the lease upon which said rental is based, or the failure of any lessee of territorial land to pay such rental within a period of sixty days after the same has become due and payable, or furnish additional security for any deferred payment when requested so to do, shall be sufficient cause. for the commissioner of public lands to declare such lease forfeited and re-take said premises and lease the same as provided by law.

Sec. 20. The violation of any of the terms, covenants, or conditions, in any manner whatsoever (except as provided by Section 19 of this act) of any lease, contract or other agreement by the holder of any such instrument in writing awarded by or entered into with the commissioner of public lands shall work a forfeiture thereof at the option of the commissioner; and the said commissioner, after notifying the holder of any such instrument or instruments by registered mail of any alleged violation thereof, giving him an opportunity to appear and show cause, if any, why such instrument or instruments should not be cancelled, and satisfying himself of the truth of such alleged violation, is hereby authorized to cancel such instrument or instruments; and upon the cancellation of any such instrument or instruments by the commissioner of public lands it shall be the duty of the Attorney General of the Territory of New Mexico to proceed against any such person or persons so violating any of the terms, covenants or conditions of any such lease, contract or other agreement in a suitable action at law, for the recovery of all damages sustained, if any, together with costs of suit, by reason of any such violation, or for the recovery of any forfeiture provided in any such instrument or instruments for the violation thereof.

Sec. 21. Any person, corporation or association of persons occupying any land to which title may pass to the Territory of New Mexico under and by virtue of the Act of Congress approved June 21, 1898, for the benefit of the Public School Fund, or for any other purpose, from and after the passage