as fast days or thanksgiving days," February twelfth, (Lincoln's birthday) and February twenty-second, (Washington's birthday), may hereafter be observed by the public schools as legal holidays: And, provided, any teacher or teachers in the rural districts and village schools shall have arranged beforehand a program of exercises by the pupils appropriate for the occasion for the preceding day, the directors of such district shall not deduct any moneys from teachers' salary because of their absence from active school duty on such holidays.

Sec. 21. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall be in force and take effect thirty days after its passage.

CHAPTER 120.

AN ACT TO REGULATE COUNTY INSTITUTES AND FOR OTHER PURPOSES. H. B. No. 213; Approved March 19, 1903.

CONTENTS.

Sec. 1. Funds set apart by county treasurers for county institutes. Disbursement. Sec. 2. Territorial board of education to prescribe course of study. To revoke certificates for incompetency or immorality.

Sec. 3. Territorial board of education. Mileage. Compensation.

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

Section 1. For the purpose of meeting the expenses of County Institutes county treasurers in counties of the first class shall set apart annually from the general school fund of their respective counties one hundred dollars ($100.00), and in counties of the second class seventy-five dollars ($75.00) for such purpose, and in counties of the third class fifty dollars ($50.00) for such purpose. The money thus set apart and that collected by county superintendents as now provided by law shall be known as the County Institute Fund, and the county treasurer shall be its custodian, but he shall not receive any of it for his services as such custodian. This money shall be disbursed in accordance with the provisions of sections 1615 and 1616 of the Compiled Laws of 1897, except that all orders on this fund issued by county superintendents shall be countersigned by the conductor of such County Institutes.

Sec. 2. The territorial board of education is hereby empowered to issue a course of study for county institutes and to revoke certificates for incompetency or immorality of the holder or for any cause that should have withheld the issue of such certificates.

Sec. 3. The members of the territorial board of education shall receive ten cents per mile for attending each meeting of said board, counting one way from their place of residence to its place of meeting, and two dollars ($2.00) for each and every day said board is in session. This mileage and per diem shall be paid to the members of said board of education by the territorial treasurer upon the order of the territorial auditor out of the funds arising from the rental of the common school lands of the territory.

Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed and this act shall take effect thirty days after its passage.

CHAPTER 121.

AN ACT TO AMEND SECTION 223 OF THE COMPILED LAWS OF 1897. H. B. No. 216; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 223, Compiled Laws of 1897, regarding power of cattle sanitary board to sell cattle. Amended.

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

Section 1. That section 223 of the Compiled Laws of 1897 be and is hereby amended by adding after the word "cattle" in the second line of said section the following words, to-wit: "horses, mules and asses."

Sec. 2. This act shall be in full force and effect from and after its passage.

CHAPTER 122.

AN ACT TO SIMPLIFY THE LAWS RELATING TO DEPOSITIONS. H. B. No. 203; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 3041, Compiled Laws of 1897, regarding commission for taking interrogatories. Amended.

Sec. 2. Courts to construe laws liberally.

Sec. 3. Section 3043, Compiled Laws of 1897, regarding duty of officers in taking inter

Sec. 4.

rogatories. Amended.

Section 7, chapter 82, Laws of 1901, regarding taking of depositions on interrogatories. Amended.

Sec. 5. Failure of party, after notice of time and place, to be present at taking of deposition. Objections based on laws of evidence.

Sec. 6. Objection to deposition after return to court. To be in writing. Copy to be served on opposite party.

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

Section 1. That the first three lines of section 3041 of the Compiled Laws of 1897 are amended so as to read as follows: "The commission shall be addressed on its face and on the envelope conveying the same to any one or more of the following officers, at his or their place of business or residence, the street number whereof shall be stated in the commission and on the said envelope, if known, and if not known the applicant shall make affidavit to that effect personally or by attorney or agent, which affidavit shall be filed with the clerk of the proper court before the commission issues, to-wit:"

Sec. 2. That substantial compliance with the laws concerning the commission, and the precedent and subsequent proceedings, relative thereto, liberally to be construed by the courts, is sufficient.

Sec. 3. That section 3043 of the Compiled Laws of 1897 is hereby amended by adding at the end thereof the following: "But it shall be a satisfactory compliance herewith if the certificate of the notary public or other officer who took the deposition shows that the witness was sworn as to the truth of his answers either before they were given or at the time that his signature was appended to them."

Sec. 4. That section 7 of chapter 82 of the Session Laws of 1901 is hereby amended by the addition thereto of the following: "Provided, that the notary public or other officer empowered to take the deposition may adjourn or postpone the taking of the testimony for reasons which appear sufficient to him in furtherance of justice or the production of the eviidence, but it shall be at the cost of the party proposing the witness, unless the party giving the notice fails to be present at the time originally set for the taking of the deposition at the place named for the taking, among other proper causes of adjournment or postponement being the absence of the witness. If the cause be the absence of the witness, unless for good reason shown, the officer shall issue a subpoena for him under his hand and official seal, if he have an official seal, and set a new date for the hearing, at the same place as was originally fixed, and if either of the parties interested in the deposition is present at the time when the occasion for the adjournment or postponement arose, the new date shall be made as convenient to them as possible; otherwise the officer shall fix a date in his discretion.

Sec. 5. If a party gives notice that he desires to be present at the taking of a deposition, as now provided by law, and

fails to attend, after notice of the time and place, the deposition shall be taken ex parte, and when the deposition is offered at the trial it shall be open only to objections based on the laws of evidence.

Sec. 6. When any deposition is returned to the proper office by the officer who took the same, the clerk shall forthwith notify the respective parties interested therein, by writing, that the same has been returned, and within ten days thereafter any party desiring to object to the form thereof, the manner of taking, the return of the execution, or to raise any jurisdictional question affecting the same, shall do so specifically in writing, and serve a copy of the objections on the opposite party, otherwise he will be deemed to have waived the objections which might have been raised in time.

Sec. 7. This act shall be in full force and effect from and after its passage and shall apply to commissions heretofore issued in causes still pending, and all acts and parts of acts in conflict herewith are hereby repealed.

JOINT RESOLUTIONS.

JOINT RESOLUTION 1.

EXTENDING VOTE OF THANKS TO SENATORS OF CONGRESS OF THE UNITED STATES WHO HAVE SUPPORTED OMNIBUS

STATEHOOD BILL. C. J. R. No. 2; Approved January 22,

1903.

Be it resolved by the Council and House of Representatives of the 35th Legislative Assembly of the Territory of New Mexico: That the thanks of the people of the Territory of New Mexico, through the 35th legislative assembly, are hereby extended to all those senators who have by their voices, votes and influence assisted thus far in our request for statehood, as contained in H. R. 12,543, commonly known as the omnibus statehood bill; and we earnestly pray their continued assistance in securing for us our rights as American citizens.

And it is further resolved, that the president of the council and the speaker of the house of representatives be directed to telegraph a copy of this joint resolution to the president pro tem of the senate of the United States, and that the chief clerk of the council be directed to have these resolutions printed and a copy thereof transmitted to each member of the senate of the United States.

JOINT RESOLUTION 2.

EXTENDING VOTE OF THANKS TO HON. BERNARD S. RODEY. C. J. R. No. 3; Approved January 22, 1903.

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

That the thanks of the people of the Territory of New Mexico, through their legislative representatives, be and the same are hereby extended to the Honorable Bernard S. Rodey, our delegate in congress, for the energetic, earnest and able services rendered by him before the congress of the United States in advocating the admission of New Mexico into the Union as a state, and that he is hereby assured of