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less than twenty years nor exceeding thirty years, drawing interest at the rate of not to exceed six per centum per annum, with interest payable semi-annually or annually, at such place as the board of directors issuing the same may direct, which said indebtedness shall be binding and obligatory on the school districts for the use of which said loan shall be made; but no district shall permit a greater outstanding indebtedness than an amount equal to four per centum of the assessed value of the property of such district.

Sec. 2. That an emergency exists and that this act shall take effect from and after its passage.

CHAPTER 82.

AN ACT TO AMEND SECTION 1746 OF THE COMPILED LAWS OF

1897 OF THIS TERRITORY, AND TO PROVIDE A MANNER OF MAKING CLAIMS FOR EXEMPTIONS IN JUSTICE'S COURTS. C. B. No. 63; Approved March 15, 1905.

CONTENTS.

Sec. 1.

Section 1746, Compiled Laws of 1897, regarding exemptions, amended. Ex

emptions to apply to all courts. Proviso Sec. 2. Justice of the peace to issue notice of claim of exemption. Sec. 3, Service of notice Proviso. Sec. 4. Trial of issue raised by atsidavit for exemption. Sec. 5. Appeal from judgment of exemption Be it enacted by the Legislative Assembly of the Territory of New

Mexico:

Section 1. That Section 1746 of the Compiled Laws of 1897 be and the same is hereby amended so as to read as follows: Section 1746. That the provisions contained in all the sections of the Compiled Laws of 1897, from section 1737 to 1744 inclusive, relative to exemptions shall apply to all the courts of this territory, including justices of the peace: Provided, However, That in courts of justices of the peace, the person entitled to any such exemption, lis agent or attorney shall make claim for the same by making an affidavit sworn to before any person authorized to administer oaths, and filing the same with the justice of the peace before whom the action is pending, or who issued the writ, or other process by which such exempt property is sought to be levied upon or taken, which affidavit shall set forth the particular property or debt claimed to be exempt, and the grounds of such exemption under any one or more of said statutes, and may make such claim at any time before sale of the property or before money garnisheed shall have been paid over to the plaintiff in the writ.

Sec. 2. Upon the making and filing of the affidavit provided for in the foregoing section of this act, such justice shall issue a notice signed by him officially to the effect that claim has been made of the property specified in the affidavit, as exempt, and shall in such notice fix a time for hearing such claim not less than one nor more than three days after service of the notice as hereinafter provided.

Sec. 3. The notice provided for in section 2 of this act shall be served upon the plaintiff in the writ or in the action pending, or upon his agent or attorney by any officer authorized to serve process in such justice court, which shall be so served and returned in the same manner as a summons; or such notice may be served by the person claiming such exemption, his agent or attorney: Provided, That if such notice be served by any person other than an officer herein provided for, proof of such service shall be made by the affidavit of the person making the service.

Sec. 4. Upon the return day of the notice provided for in section 3 of this act, the plaintiff in the action or in the writ may controvert the allegations of the affidavit for exemption by denying the truth of the same in its material parts; and thereupon a trial of the issues so made shall be had in the same manner as other causes are tried in justices courts, and judgment shall be rendered by the justice in the same manner as judgments are rendered in such courts, and the justice may when necessary, stay the execution or other process issued until such trial can be had before sale of the property claimed as exempt.

Sec. 5. If the judgment upon the exemption be rendered after the time for an appeal from the judgment upon the main issue in the suit has expired, then either party aggrieved by the judgment of exemption may appeal therefrom to the district court of the county in the same manner that other appeals are taken from justice courts, and for the purposes of such appeals, such judgments of exemption shall be deemed final orders. But if such judgment of exemption be rendered before judgment upon the main issue in the cause, then the judgment upon the exemption shall be deemed interlocutory, and shall be appealable only by appealing from the judgment on the main issue in the cause. By the "judgment upon the main issue in the cause” as used herein is meant the judgment upon the cause of action sued upon in the cause.

Sec. 6. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.

CHAPTER 83.

AN ACT WITH REFERENCE TO THE DOING OF ASSESSMENT

WORK UPON MINING CLAIMS. C. B. No. 65; Approved
March 15, 1905.

CONTENTS.

Sec. 1. Order permitting parties out of possession to enter upon mining claim, to

perform annual assessment work. Sec. 2. Performance of assessment work, prevents relocation.

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

Mexico: Section 1. Hereafter in any suit or action pending in any of the courts of this territory, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and subject to relocation, the party or parties to any such suit out of possession, upon petition to the court in which suit or action is pending, showing that such annual assessment work has not been done on or before the first day of November in the year during which such work is required to be done, shall be entitled to an order as of course in such suit or action, permitting such party or parties to enter in and upon such mine or mining claims, with their agents and laborers, and to do and perform such annual assessment work to prevent the said mining claim or claims from becoming subject to relocation : Provided, That in the doing of such work, no ore shall be removed from the boundaries of such mining claim.

Sec. 2. Upon the doing of any assessment work, as provided in section 1 of this act, the said mining claim or claims shall not be subject to relocation for failure to do the annual assessment work, as against any of the parties to such suit or action.

Sec. 3. This act shall be in force and effect from and after its passage.

CHAPTER 84.

AN ACT TO COMPEL CERTAIN PRISONERS TO DO PUBLIC WORK

IN INCORPORATED CITIES AND TOWNS. C. B. No, 87; Approved March 15. 1905.

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Sec. 1. Prisoners to do public work for incorporated cities and towns.
Sec. 2. Control of prisoners doing work.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That every person convicted of the violation of any ordinance of any incorporated city or town of this territory, and sentenced to imprisonment therefor, may, during the term of such sentence, be compelled to work upon the public streets of such city or town or to do any other kind of public work within such city or town, that may be required by the mayor thereof.

Sec. 2. All such persons while engaged in such work shall be in the custody of and under the control of the marshal of such city or town, or of such other officer as the mayor may direct. In case any such person shall be confined in any county jail it shall be the duty of the sheriff or jailer to deliver him to the marshal of such city or town whenever he shall receive from the mayor a written order to that effect, but such prisoner shall be returned to such county jail each night.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.

CHAPTER 85.

AN ACT TO AMEND SECTION 2, OF CHAPTER 57, OF THE ACTS

OF THE THIRTY-FIFTH LEGISLATIVE ASSEMBLY OF THE
TERRITORY OF NEW MEXICO. C. B. No. 88; Approved
March 15, 1905.

CONTENTS.

Sec. 1.

Section 2, Chapter 57, Laws of 1903, fixing penalty for territorial or county

officers, who become sureties for others, amended. Removal by the gov

ernor.

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

Merico: Section 1. That Section 2 of Chapter 57 of the Acts of the Thirty-fifth Legislative Assembly of the Territory New Mexico, entitled "An Act prohibiting territorial or county officers from becoming sureties for others," be and it is hereby amended by adding at the end thereof the words "by the governor of the territory."

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

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CHAPTER 86.

AN ACT TO PROHIBIT THE RIDING OF BICYCLES UPON SIDE

WALKS OF UNINCORPORATED TOWNS. C. B. No. 104; Approved March 15, 1905.

CONTENTS.

Sec. 1. Bicycle riding on sidewalks of unincorporated towns, prohibited.
Sec. 2. Violation. Penalty.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. It shall be unlawful, in any of the unincorporated towns of this territory, to ride upon bicycles upon the sidewalks of streets in such towns.

Sec. 2. Any one violating the provisions of this act shall, upon conviction before any justice of the peace of the precinct in which said unincorporated town is located, be fined in any sum not exceeding five dollars, for each offense.

Sec. 3. This act shall take effect sixty days from and after its passage.

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