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CHAPTER 89.

AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE DISTRICT COURT IN CERTAIN COUNTIES.

C. S. for A. C. B. No. 60; Approved March 15, 1905.

CONTENTS.

Sec. 1. Term of court in third judicial district, Grant, Dona Ana, Sierra and Socorro

counties. Sec. 2. Term of court in sixth judicial district. Lincoln, Otero, Guadalupe and Quay

counties Sec. 3. All writs issued by district court returnable at the times and places desig

pated in section 1. Sec. 4. Act not to affect sixth judicial district until July 1, 1905. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. The regular terms of the district court in the third judicial district of the Territory of New Mexico shall hereafter be commenced and held as follows:

In the County of Grant at the county seat of said county, commencing on the first Mondays of March and September in each year;

In the County of Dona Ana at the county seat of said county, commencing on the first Mondays of April and October of each year;

In the County of Sierra at the county seat of said county, commencing on the first Mondays of Jay and November of each year;

In the County of Luna at the county seat of said county, commencing on the third Mondays of May and November of each year; and

In the County of Socorro at the county seat of said county, commencing on the first Mondays of June and December of each year.

Sec. 2. The time for holding the terms of the district court in and for the sixth judicial district of the Territory of New Mexico, shall be as follows:

The next regular term of the sixth judicial district court within and for the County of Lincoln, shall be commenced and held at the county seat of said county on the second Monday in April, 1905, and thereafter the regular terms of said court for said county, shall be commenced and held on the second Mondays of Jay and November of each year:

The regular terms of said district court shall hereafter be commenced and held as follows:

In the County of Otero at the county seat of said county, commencing on the first Mondays of March and September of each year;

In the County of Guadalupe at the county seat of said county, commencing on the first Mondays of April and October of each year;

In the County of Quay at the county seat of said county, commencing on the fourth Mondays of April and October of each year.

Sec. 3. Every writ, summons, recognizances, venire, subpoena or other process whatever which has been issued or taken out or which may be hereafter issued or taken out from the district court of any county in said district, shall be returnable at the times and places designated in section 1 of this act, and shall have the same force and effect as if the same had been made returnable at the time and place designated in said section.

Sec. 4. 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: Provided, That this act, in so far as same applies to the time for holding terms of court in the sixth judicial district, shall not take effect until the first day of July, A. D., 1905.

CHAPTER 90.

AN ACT TO DEFINE THE PREFERENCE RIGHTS OF EX UNITED

STATES SOLDIERS, THEIR WIDOWS OR HEIRS, WITH REFER-
ENCE TO LEASING SECTIONS 16 AND 36, LANDS OF THE
TERRITORY OF NEW MEXICO. C. B. No. 94; Approved
March 16, 1905.

CONTENTS.

Sec. 1.

Section 30, Chapter 74, Laws of 1893, regarding the occupation and improve

ment of school sections, amended. Preference rights of occupants of

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

Mexico: Section 1. That Section 30 of an act of the 33rd Legislative Assembly of the Territory of New Mexico entitled “An Act establishing a board of public lands, assigning their duties and for leasany school

ing and managing public lands and funds," approved March 16, 1899, as amended by section 12 of an act, entitled an act to amend an act, entitled “An Act establishing a board of public lands assigning their duties and for leasing and managing public lands and funds," approved March 20, 1901, be and the same is hereby amended to read as follows: “Section 30. That whenever a section, that is, section 16 and 36, or any other portion of the public domain which may be selected or segregated for the purposes of this act, is occupied by any person or persons, such person or persons having made improvements thereon, such person or persons shall have the preference right, to lease such section or part thereof, so occupied and improved, and if any such person or persons is, or are an ex-soldier of the civil war, his widow, heir or heirs, and may heretofore have cultivated, or improved said lands, such ex-soldier, his widow, heir or heirs, shall have the preference right to lease such sections, or the whole, or any part of which he, she or they may have cultivated and improved, whether such ex-soldier, his widow, heir or heirs, shall have actually lived upon said land or not. And when the same may be sold or offered for sale, such person or persons shall have the preference right of purchase hereof: Prorided, A claim for such right shall be filed with the commissioner of public lands within 30 days of the approval by the secretary of the interior of the selection of the said lard, or within ninety days after the ap*proval of this act, in case of school section: And Provided. Further. Whenever any school section or any part thereof, or any portion of the public domain which may be selected and segregated for the purpose of this act, and which may be occupied or used as a cemetery or burial ground by any person or persons, or community, shall have the preference right to purchase the same at one dollar and twenty-five cents per acre, and said section or parts thereof so used, shall not be leased under the provisions of this act, except for cemetery purposes for the person or community occupying the same for such purpose.

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

CHAPTER 91.

AN ACT TO PREVENT INJURY TO DITCHES, PIPE LINES, RESER

VOIRS AND THE TAKING OF AND BEFOULING OF WATERS
THEREFROM. C. B. No. 95; Approved March 16, 1905.

CONTENTS.

Sec. 1.

Wilfuil and malicious injury of ditches and reservoirs, a misdemeanor.

Penalty. Sec. 2. Contamination of water in reservoirs, a misdemeanor. Penalty. Be it enacted by the Legislative Assembly of the Territory of New

Merico: Section 1. Any person who shall wilfully and maliciously cut, break or injure, or who shall by shooting or by damming or obstructing the same cause to break, any ditch, flume, pipe line, or reservoir, or any of the attachments or fixtures used in connection therewith, shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars and more than fifty dollars, or by confinement in the county jail for not more than sixty days, or by both such fine and imprisonment in the discretion of the court trying the case, except in cases where such pipe line or reservoir is used for the purpose of supplying water to any community, village, town or city for domestic purposes, in which event the person committing such offense shall be punished by a fine not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty, nor more than sixty days, or by both such fine and imprisonment in the discretion of the court trying the

casc.

Sec. 2. Any person who shall bathe in, or wilfully cast any filth in any reservoir used for supplying water for domestic use, shall be guilty of a misdemeanor and upon conviction shall be fined not less than ten, or not more than twenty-five dollars.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect from and after its passage. CHAPTER 92.

AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO AUTHORIZE

THE FORMATION OF COMPANIES FOR THE PURPOSE OF
CONSTRUCTING IRRIGATING AND OTHER CANALS AND THE
COLONIZATION AND IMPROVEMENT OF LANDS." C. B. No.
107; Approved March 16, 1905.

CONTENTS.

Sec. ).

Section 181. Compiled Laws of 1897, regarding the dissolution of corporations,

umended. Dissolution of irrigation corporations. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That section 14 of an act of the Legislative Assembly of the Territory of New Mexico, approved February 24, 1887, entitled "An Act to authorize the formation of companies for the purpose of constructing irrigating and other canals and the colonization and improvement of lands," and compiled as Section 481 of the Compiled Laws of 1897, be and the same hereby is amended so as to read as follows:

“Any corporation formed under this act or formed under any general law of this territory, the principal business of which has been the construction and maintenance of dams, reservoirs, ditches and canals, and the distribution of water therethrough for public use, may be disincorporated by a two-thirds vote of all the stockholders, and when such vote shall have been taken, notice thereof shall be given as required by section 9 of this act in relation to assessment on subscription for stock, which notice shall state when and at what place application will be made to the district court or the judge thereof to have such corporation judicially declared dissolved, and at such time and place or at such other time and place to which said matter may be adjourned by the court or judge, such court or judge may hear evidence touching the matter, and if satisfied that all debts and liabilities of such corporation have been paid or that the same can be paid, settled, satisfied or compromised by the sale of the tangible assets of such corporation, and that the requisite vote in favor of dissolution has been duly given, such court or judge shall enter an order declaring the corporation dissolved, and thereafter the directors or trustees of such corporation shall sell and dispose of the tangible property thereof, or such portion of the same as may be necessary to liquidate the indebtedness of the com

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