The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-07
An Act Relating to the Settlement OF
Accounts of Public Officers

An Act Relating to the Settlement Of
Accounts of Public Officers.
BE 1T ENACTED BY THE LEGis-
LATIVE ASSEMBLY OF THE TER
RITORY OF NEW MEXICO:
Section L. Whenever any DISPUTE
arises between the territory or n
county and any officer of the territory
Or Shcn county, whether in or out of
once, Or whenever the official ac-
counts of any person may be in dis
pute growing out of the settlement OF
the ccoun of such officer or per-
son, and the debiting or crediting OF
items in such accounts shall be cues
toned by either party to such settle
me1t, jurisdiction is hereby conferred
upon the district court to pass upon
and settle such count in accord
ancee with the provisions of this act.
Sec. 2. Upon the filing of any com
plant or petition, under oath, setting
up the facts comforting jurisdiction as
provided in the preceding section, TIE
court shall forthwith issue an order
directed to the proper officer of the
territory or the territorial board des-
iSnated in said order, Or in case of a
county, to the board of county com
mlsslonerS of the county, requiring
cause to be shown on a day named
therein, not more than ten days after
the filing n presentation of said com
plant or petition, why jurisdiction
should not be taken, and the settle
me1t of such accounts proceeded with
under this act. The petition need not
allege the items in dispute, and upon
return of the order to show cause,
the court, if satisfied that such dis
pute Or disagreement exists, shall at
once appoint a referee who shall be
an expert accountant, who shall, with
all commencement speed proceed and
audit such accounts and report to the
court as hereinafter provided.
Sec. 3. The person so appointed
referee shall take, subscribe and file
an oath in said cause, that he will
faithfully and. impartially discharge
his duties as such referee.
Sec. 4. the referee shall be entitled
to have access to all books and papers
relating to lei accounts, and shall
proceed with all covenient speed, to
fully and completely examine the
same. The referee snail have power
to cause subpoenas to be issued if
necessary to procure the attendance
of witnesses before him, to administer
oatls, ard be vested with all the pow
ers now vested by law in referees ap-
pointed by the district court, as in
other civil cases, and may examine
such witnesses as to all matters per
tanning to such accounts as fully as ne
may deem necessary. .
Sec. 5. Upon the completion of his
investigation the referee shall make
a detailed report in Writing to the
court, together with all testimony tax
en- by him, which said report shall
state an account between such officer
Or person and the territory Or county
and make all other findings of facts
which he may deem necessary to show
the basis of his report. He n in
said report, after allowing all debts
and credits which ne may deem just
and proper, also strike a balance show
ing the amount, if any, due to or from
the territory, or county to such officer
or person il accordance with such
findings.
Sec 6. Upon the filing of the ref
eree's report, exceptionN thereto may
be filed in writing by attorneys of
either side within five days, which
said exceptions saal be heard by the
court without delay.
Sec. z. The court shall have full
power tt approve the whole or a part
of said report, reject any item OF cred
it or debit or set aside the whole re-
port, and order a new investigation
in whole o. in part, and if in b judg-
ment of the court n referee a fail.
ed to impartially and fairly discharge
its duties as such referee. a court
shall have power to substitute such
referee by appointing some other per-
son as such referee qualified under the
provisions of this act. The court, at