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erable by an action of debt in the name of the people of the Territory of New Mexico in any court of competent jurisdiction, and the county treasurer shall set the same apart to the district wherein the same accrued.

Sec. 41. Chapter 40 of the Session Laws of 1901 of the Territory of New Mexico, and all laws and parts of laws in conflict herewith are hereby repealed and this act shall take effect sixty days after its passage and approval; but this act shall not be construed to in any way conflict with council substitute for council bill No. 38, passed by the thirty-sixth legislative assembly of the Territory of New Mexico: Approved February 10, 1905.

CHAPTER 125.

AN ACT AMENDING CHAPTER FIFTY OF THE SESSION LAWS OF

1899 ENTITLED "AN ACT RELATING TO SALES OF COAL OIL AND ITS PRODUCTS." C. B. No. 152; Approved March 16, 1905.

CONTENTS.

Sec. 1. Chapter, 50, Laws of 1899, relating to sales of coal oil, amended. Proviso

act not to apply to petroleum, coal oil, etc., imported into territory. Be it enacted by the Legislative Assembly of the Territory of New

Mexico:

Section 1. That Chapter 50 of the Session Laws of 1899 being an act relating to sales of coal oil and its products, council bill 131, approved March 15, 1899, be and the same is hereby amended by adding at the end of section 9 of said act the following pro

viso:

Provided, That the provisions of this act shall not apply to petroleum, coal oil, or the products thereof shipped or transported into this territory from any other state or territory, and disposed of in the original package.”

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

CHAPTER 126.

AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF

THE DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT OF THE TERRITORY OF NEW MEXICO. C. B. No. 143; Approved March 16, 1905.

CONTENTS.

Sec. 1. Terms of court in fourth judicial district, San Miguel, Union, Colfax and Mora

counties. Sec. 2. All writs issued by district court returnable at the times and places designat

in section 1. Be it enacted by the Legislative Assembly of the Territory of New

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

In the County of San Miguel, at the county seat of said county, commencing on the third Monday of May and November of each year.

In the County of Union, at the county seat of said county, commencing on the second Monday of March and the second Monday of September of each year.

In the County of Colfax, at the county seat of said county, commencing on the fourth Monday of March and the fourth Monday of September of each year.

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

Sec. 2. Every writ, summons, bond, recognizance, subpoena, or other process whatever, which has been issued or taken out from the district court for 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 times and places mentioned in said section 1 of this act.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act to take effect from and after July 1, 1905.

CHAPTER 127.

AN ACT TO AMEND THE ELECTION LAWS OF THE TERRITORY

OF NEW MEXICO AND FOR OTHER PURPOSES. C. B. No. 151; Approved March 16, 1905.

CONTENTS.

Sec. 1. Unlawful for candidates named by one political convention to be named by

another. Provisos. Sec. 2. Emblem of political parties to be filed with secretary of the territory. Pro

viso Sec. 3. County recorders to provide printed ballots. Form of ballot required. Sec. H. Violation of provisions of act, a felony. Penalty. Sec, 5. Chapter 39, Laws of 1903, regarding the registration and use of emblem, re

pealed.

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

Mexico: Section 1. That hereafter when any political convention held in this territory or any county thereof, for the purpose of nominating candidates to be voted for at any election held in this territory or any county thereof and the names of the car te or candidates nominated by such convention, and certified to by the presiding officer of such convention and the secretary thereof, shall have been filed with the probate clerk of the county in which such convention was held, it shall be unlawful for any other political convention, person or persons to print or cause to be printed or circulated, any ticket or ballot having thereon the name or names of the candidate or candidates nominated by such political convention: Provided, That nothing in this section shall be construed to prohibit any person from erasing or changing in any manner any name on any such ticket or ballot voted by such person: And, Further, Prorided, That this act shall not be so construed as to prevent any executive committee of any political party holding such convention from substituting the name or names of any candidate selected by such committee by authority of such convention to fill any vacancy caused by the death, declination or retirement of any candidate nominated by such convention.

Sec. 2. Within thirty days after the taking effect of this act, the chairman of the territorial committee of each political party may file with the secretary of the territory his certificate setting forth and showing, by a representation thereof, his selection of a device or emblem for the political party represented by him. The

device or emblem so chosen and filed shall be used thereafter to designate and distinguish all the candidates of that political party upon all tickets throughout the territory and in all sub-divisions and municipalities thereof: Prorided, That any territorial convention of said party may change said device or emblem by adopting any other in its stead that is not then in use by any other

political party, and by filing with the secretary of the territory a certificate signed by the presiding officer and a secretary of said convention setting forth and showing, by a representation thereof, said newly adopted device or emblem and the action of said convention in reference thereto. No political party shall select any device or emblem or any portion thereof the same as, similar to, or that is liable to be confounded with or mistaken for, the device or emblem then in use by any other political party. If, for any reason, no device or emblem shall be selected for a political party within thirty days from the taking effect of this act as herein provided, then it shall be lawful until a territorial convention of said party shall be held, for the members of such party, in conventions or primary elections held by them to make nominations, to select and use such devices or emblems as they prefer, subject to the provisions of this act; but it shall be the duty of the first territorial convention held by such party, and also the duty of the first territorial convention held by any political party hereafter organized, to select and file with the secretary of the territory as hereinbefore provided, a device or emblem for said party, which shall continue to be used, or may be changed as herein provided.

Sec. 3. It shall be the duty of the county recorder of each county to provide printed ballots at the expense of the county for every election for public officers in which the electors or any of the electors within his county participate, and to cause to be printed in the appropriate ballot, the name of every candidate whose name has been certified to or filed with him in the manner provided for in this act, and no person shall accept a nomination to more than one office, nor from more than one political party. Ballots other than those printed by the respective county recorders according to the provisions of this act shall not be cast, counted or canvassed in any election. Every ballot printed under the provisions of this act shall be headed by the name and emblem of the political party by whom the candidates whose names appear on the ballots were nominated, and each of said ballots shall contain only the names of the candidates nominated by said party. Said ballots shall be printed from the same kind of paper and of the same size, and

a

each ballot shall have printed upon the back thereof an endorsement substantially as follows: "Official ballot, election held...

(insert date) with a fac-simile signature of the county recorder. The printing and distributing of all ballots mentioned in this act shall be done under the supervision of the chairmen of the county committees of the political parties of the county in which any such election is to be held.

Sec. 4. Any person, violating any of the provisions of this act shall be deemed guilty of a felony, and upon conviction thereof before any court of competent jurisdiction, shall be punished by imprisonment in the territorial penitentiary for not less than one year, and not more than five years, at the discretion of the court trying the cause.

Sec. 5. Chapter 59, Laws of 1903, and all acts and parts of acts in conflict herewith are hereby repealed and this act shall be in force from and after April 1, 1905.

CHAPTER 128.

AN ACT TO PREVENT AND PUNISH FRAUD IN SALES OF MANU.

FACTURED GOODS, JEWELRY, WARES AND MERCHANDISE
BY "ITINERANT VENDORS" AND TO REGULATE SUCH
SALES. C. B. No. 77; Approved March 16, 1905.

CONTENTS.

Sec. 1. Definition of term "itinerant vendor."
Sec. 2. To whom and what, act not applicable. Proviso.
Sec. 3. License required.
Sec 4. Application for license. Oath required of applicant.
Se.. 5. Secretary of territory to issue license. Fee.
Sec. 6. Files and records of licenses to be kept by secretary of territory.
Sec. 7. License not transferable. Cancellation of license.
Sec. 8. Assistants of itinerant vendors.
Sec. 9. County license. Fees.
Sec. 10. Application for county license. County clerk to issue county license.
Sec. u. County clerk to keep record of all licenses issued.
Sec. 12. How fees collected under this act to be used.
Sec. 13 Itinerant vendor to keep license conspicuously posted.
Sec. 14. When license null and void.
Sec. 15. Penalty for counterfeiting or forging a license.
Sec. 16. Penalty for doing business without license, or other violation of act.
Sec. 17. Delinquency in payment of license fee, subjects vendor to suit
Sec. 18 False oath in procuring certificate, perjury. Penalty.
Sec. 19. Penalty for fraud in sale, by vendor.
Sec. 20. Fee of secretary of territory for issuance of license.

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