Sec. 3. Section 2053, Compiled Laws of 1897, Regarding Appointment of Guardian and Decree of Court to Sell Property, Amended. Sec. 4. Section 10, Chapter 62, Laws of 1901, Regarding Conveyances of Married Persons, Amended. Sec. 5. Section 3052, Compiled Laws of 1897, Regarding Notice for Taking Depositions to Perpetuate Testimony, Amended. Sec. 6. Sections 3053, 3054 and 3055, Compiled Laws of 1897, Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That sub-section 175 of section 2685 of the Compiled Laws of New Mexico of 1897 be amended so as to read as follows: "Sub-Sec. 175. This act shall not apply to or in anywise affect actions in habeas corpus, mandamus, prohibition, quo warranto, replevin, attachment, ejectment, eminent domain, suits for partitioning real estate, actions to determine and quiet the title of real property, proceedings for the sale of real estate of infants, except as to the form of the action and all process in the above mentioned actions, suits and proceedings shall be issued, served and made returnable in the manner and time in accordance with the provisions of section 2685 of the Compiled Laws of New Mexico of 1897 unless such process is otherwise directed to be issued, served and made returnable by the laws relating to said above mentioned actions, suits and proceedings." Sec. 2. That section 2052 of the Compiled Laws of 1897 be and the same hereby is amended so as to read as follows: "Section 2052. An infant by his general guardian, if he has any, and by his next friend, if he has no general guardian, may present a petition to the district court or the probate court of the county where the real estate to be affected, or any part thereof, is situate, stating the age and residence of the infant, the situation and value. of his real and personal estate, the situation, value and income of the real estate proposed to be sold or conveyed and the particular reason which renders a sale or conveyance or sale of the premises necessary or proper and praying that a guardian may be appointed to sell and convey the same or to convey the same alone in case a sale should not be necessary." Sec. 3. That section 2053 of the Compiled Laws of 1897 be and the same hereby is amended so as to read as follows: "Section 2053. If, after investigation by the court, it should appear there is proper ground for the application and that the allegations of the petition are true, an order may be entered appointing a guardian for the purpose of the application on executing and filing in the court requisite security approved of as to its form, validity and sufficiency by the judge of the court, signified by his endorsements thereon. And thereupon the court shall decree the property or so much thereof as the court may deem proper to be sold and conveyed by said guardian at private or public sale and in case a sale could not be required the court may decree a conveyance thereof if proper to the party entitled to such conveyance as may be determined on by the said investigation and all such sales and conveyances, when made, shall be reported to the court by the guardian making the same and if found regular shall be approved by the court and thereafter the title of such infant, in such property, shall be vested in the party to whom it may be so conveyed, provided that where a conveyance only is required to be made on account of some past consideration which has already been paid or received, or to carry out some agreement which has been made or executed, by which the interest of such infant has been affected, and which in good faith should be carried into effect, no bond shall be required of such guardian." Sec. 4. That section 10 of chapter 62 of the session acts of the Legislative Assembly of 1901 be and the same is hereby amended by striking out all of said section after the word "validated" in the eighth line of said section. Sec. 5. That section 3052 of the Compiled Laws of 1897 be and the same is hereby amended so as to read as follows: "Section 3052. The party applying for the commission shall give notice by publication to all concerned in a newspaper published nearest to the place where the depositions are to be taken for four consecutive weeks of the time and place of taking the depositions and proof of such publication shall be made by affidavit of the publisher thereof, and where real estate or any interest in any real estate is to be affected thereby, a description of such real estate sufficient to identify the same, a brief statement of the cause of action in which said deposition is to be used, a copy of the first issue of the newspaper containing said publication of said notice, shall be mailed within one week after the issue thereof by the party applying for the commission, his agent or attorney, to the postoffice address, if known, postage paid, of each person who is known to him to claim an interest in the real estate or subject matter of the suit, which claim would be affected by such deposition. The person or persons giving or mailing the notices above provided shall make proof thereof by affidavit and when it shall be made to appear by such affidavit that notice has been given as above provided, the same shall be sufficient evidence that due and timely notice has been given to all persons interested in the real estate or cause of action to be affected by such deposition." Sec. 6. Sections 3053, 3054 and 3055 of the Compiled Laws of 1897 are hereby repealed. Sec. 7. This act shall be in force and effect from and after its passage. CHAPTER 6. AN ACT ENTITLED AN ACT ESTABLISHING AN ORPHAN CHIL- CONTENTS. Sec. 1. Orphan children's home. Location. Board of regents. Duties. Sec. 3. Appropriation. Tax levy by auditor. C. B. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There is hereby established and located an Orphan Children's Home at Belen, New Mexico, which shall be conducted under the management and control of a board of regents to be composed of three persons who shall be appointed by the governor for a term of two years each, and shall file their oaths of office before entering upon their duties as such regents, in the manner prescribed by law for the qualification of other territorial officers. Sec. 2. Until such time as the legislature may otherwise direct, any buildings which may hereafter be constructed at Belen for such orphan children's home may be used as a public school building provided that no appropriation for maintenance or current expense shall now or hereafter be made or in any way defrayed by the territory during the use of such building for public school purposes. Sec. 3. For the purpose of erecting a suitable building for the purposes mentioned in section 1 of this act, there is hereby appropriated for the 55th fiscal year, twenty-five onehundredths (25-100) of one (1) mill the proceeds of which shall be used for permanent improvements under the direction and management of said board of regents, and the territorial auditor is hereby directed to make a levy in accordance herewith, and the funds derived from such a levy shall be payable in the manner now prescribed by law for the payment of funds to other institutions. Sec. 4. This act shall be in full force and effect from and after its passage. County commissioners. To divide county into precincts. To appoint precinct and school district officers. County officers. Appointment by governor. Term of office. Commission to ascertain amount of indebtedness due to Chaves and Guadalupe counties, Of whom composed. Bond issue. Purpose. Rate of interest. Maturity. Form. Sale of bonds. Purpose. Provision for payment of interest. Sinking fund Issue of bonds for court house and jail purposes, and current expenses. Sec. 11. Judicial district. Time for holding court. District attorney Sec. 12. Salary. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That there be and hereby is created a county, to be known as and called Roosevelt county, out of that portion of the Territory of New Mexico included in the following boundaries as indicated by the United States survey, to wit: Commencing at the southwest corner of township two south, range twenty-seven east of the New Mexico principal Base and Meridian; thence north along the range line between twenty-six and twenty-seven east; to the northwest corner of township four north of range twenty-seven east; thence east along the north line of township four north (projected) to its point of intersection with the Texas-New Mexico boundary line; thence south along the Texas New Mexico boundary line to the point of its intersection with the First Standard Parallel South (projected eastward); thence west along the First Standard Parallel South to the southwest corner of township five south, range thirty-one east; thence north along the range line between ranges thirty and thirty-one east to the southwest corner of township four south, range thirty-one east; thence west along the south line of township four south, range thirty east, to the southwest corner of township four south, range thirty east; thence north along the range line between ranges twenty-nine and thirty east, to the southwest corner of township two south, range thirty east; thence west along the south boundary line of township two south to the point of beginning. Sec. 2. That the county seat of the said County of Roosevelt shall be established at the town of Portales in said county; and that the board of county commissioners of said county (to be appointed or elected as hereinafter provided) shall select and designate the most proper and convenient place in said town for the erection of the public buildings of said County of Roosevelt. Sec. 3. The county commissioners appointed under this act, are authorized and empowered to divide said county of Roosevelt into precincts and to appoint in each precinct and school district the officers provided by law, until after the first election. Sec. 4. It shall be the duty of the governor of the Territory of New Mexico, on or before the first day of April, A. D. 1903, to appoint for the said County of Roosevelt the county officers now provided by law for the counties in the territory, and the officers so appointed shall immediately thereafter qualify and enter upon the discharge of their duties as such officers. And the officers so appointed shall serve until the election and qualification of their successors, who shall be elected at the next general election for such officers, and the governor shall likewise appoint officers to fill any vacancies caused by the failure of any such appointees to qualify as required by law. Sec. 5. It shall be the duty of the auditor, treasurer and solicitor general of the territory to assemble as a commission for that purpose and ascertain, on or before the first day of June, A. D. 1903, the total separate indebtedness of both Chaves county and Guadalupe county, from which Roosevelt county is segregated, less cash on hand to meet such indebtedness, and the value of all permanent public improvements excepting bridges remaining in said counties of Chaves and Guadalupe; and also to ascertain from the assessment rolls for the year 1902 the value of all taxable property embraced within the limits of Roosevelt county so taken from Chaves and Guadalupe counties; and thereupon to determine the amount of such indebtedness that may be due from Roosevelt county to Chaves and Guadalupe counties respectively, less the amount of cash on hand in each of said counties to meet such indebtedness, as such conditions existed on the first day of January, 1903; and the amounts so found to be due from Roosevelt county to Chaves and Guadalupe counties respectively, by said commission shall be final and conclusive on each of said counties. Sec. 6. For the purpose of enabling Roosevelt county to |