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Sec. 21. That upon complaint made to any justice of the peace in any of the counties of this territory of any violations of the provisions of this act, the said justice of the peace, shall sit as a committee (committing) magistrate, and if he finds upon examination, that the provisions of this act, have been violated he shall bind the offender or offenders to appear before the district court of the district in which such violation has occurred in a sufficient sum to be fixed by him.

Sec. 22. Upon the failure of any “itinerant vendor" or his agent to give the bond required by such justice of the peace, he shall be remanded to jail until such a time that the required bond be given or be otherwise discharged by due course of law.

Sec. 23. That nothing in this act shall be construed against any license issued to any "itinerant vendor" or peddler prior to the passage of this act, but all such license now in force shall be allowed to continue to the end of the period for which such license is issued.

Sec. 24. That all acts or parts of acts in conflict herewith, are hereby repealed, and this act shall be in force and effect, sixty days after its passage and approval.

CHAPTER 129.

AN ACT TO PRESCRIBE THE MANNER OF DESCRIBING MONEY IN

INDICTMENTS. A. C. B. No. 36; Approved March 16, 1905.

CONTENTS.

Sec 1. Manner of describing money in indictments.

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

Mexico: Section 1. In every indictment in which it shall be necessary to make an averment as to any money or any note, being or purporting to be made or issued by any bank incorporated by law, or made or issued by virtue of any law of the United States, and intended to circulate as money, it shall be sufficient to describe such money or note simply as money, without specifying any particular coin or note; and such allegation shall be sustained by proof of any amount of coin, or of any such note, although the particular species of coin of which such amount was composed, or the particular nature of such note, shall not be proved.

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.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 130.

AN ACT REPEALING CERTAIN PROVISIONS OF COUNCIL BILL NO.

60, APPROVED MARCH 16, 1901. H. B. No. 201; Approved March 16, 1905.

CONTENTS.

Sec. 1. Section 2, Chapter 28, Laws of 1901. regarding penalties for those allowing

animals to trespass upon private lands and water rights. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That Section 2 of council bill No. 60, approved March 16, 1901, of Chapter 28 of the Session Laws of 1901, is hereby repealed.

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

its passage.

CHAPTER 131.

AN ACT TO AMEND SECTION 6, OF CHAPTER 81, OF THE ACTS

OF THE 34TH LEGISLATIVE ASSEMBLY, ENTITLED "AN ACT
TO PROVIDE A METHOD OF PROCEDURE IN THE ADMINIS-
TRATION OF ESTATES OF DECEASED PERSONS, TO DEFINE
THE DUTIES OF ADMINISTRATORS 'AND EXECUTORS, (AND
PROVIDING A METHOD OF APPEAL FROM PROBATE COURTS
TO DISTRICT COURTS) AND FOR OTHER PURPOSES,” AP-
PROVED MARCH 21, 1901. C. B. No. 106; Approved March
16, 1905.

CONTENTS.

Sec. 1. Section 6, Chapter 81, Laws of 1901, regarding the failure of executors or ad

ministrators to protect estates, amended. When suit may be instituted

by others than executors or administrators. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That so much of section 6 of said act as reads as follows:

“And in event any executor or administrator shall fail or refuse to institute any action at law or suit for the benefit of the estate which he represents, or for the benefit of any person or persons claiming to be interested therein, or shall fail or refuse to defend any suit or action affecting such estate or the rights of any persons interested therein, the person or persons interested in such estate or whose rights may be affected by the failure of such executor or administrator either to institute or defend any such action, may apply to the judge of the district court for the appointment of a guardian ad litem whose duties shall in such cases be, to prosecute or defend the action mentioned in the application for the appointment of such guardian ad litem for the benefit of such estate or the persons interested therein, or either or both, as the case may be;" be and the same is amended so as to read as follows:

In the event any executor or administrator shall fail or refuse to institute any action at law or suit for the benefit of the estate which he represents, or for the benefit of any person or persons claiming to be interested therein, or shall fail or refuse to defend any suit or action affecting such estate or the rights of any person interested therein, the person or persons interested in such estate or whose rights may be affected by the failure of such executor or administrator, either to institute or defend any such action, or in the case of the absence from the territory of any such executor or administrator, and when an application has been made to the court for his removal for said reason or any other reason, any heir, legatee, creditor or other person interested in the said estate, may apply to the district court for an order allowing him or them to institute or defend any such suit in the name of such executor or administrator pending an application for the removal of such executor or administrator, and said court may order such executor or administrator to allow the use of his name in the prosecution or defense of such suit, whether an application for his removal is pending or not, in any case in which he is absent from the territory or refuses to institute or defend such suit. The court may, if it sees fit, require a bond of such applicant for the use of such name, to pay all costs that may be adjudged against the plaintiff or defendant in said suit in which he seeks to use the name of such executor or administrator.

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed; and this act shall be in force and take effect from and after its passage.

CHAPTER 132.

AN ACT FIXING THE TIMES OF HOLDING DISTRICT COURTS IN

BERNALILLO AND OTHER COUNTIES. C. B. No, 144; Approved March 16, 1905.

CONTENTS.

Sec. 1. Terms of district court in Bernalillo, Valencia, Sandoval, McKinley and 'Tor.

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

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

Mexico: Section 1. Terms of the district court shall be held in the County of Bernalillo beginning on the third Mondays in March and September of each year; in the County of Valencia on the first Mondays in March and September of each year; in the County of Sandoval on the first Mondays in May and November of each year; in the County of McKinley on the third Mondays in May and November of each year, and in the County of Torrance on the first Mondays in June and December of each year.

Sec. 2. Every writ, summons, bond, recognizance, subpoena, or other process of any of the district courts of the counties mentioned in the preceding section which by its terms is returnable to any different time than those mentioned in said section, are hereby made returnable at the time designated in said first section hereof.

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

CHAPTER 133.

AN ACT TO AMEND SECTION 3299, OF THE COMPILED LAWS OF

NEW MEXICO, OF 1897, RELATIVE TO GARNISHMENTS.
A. C. B. No. 103; Approved; March 16, 1905.

CONTENTS.

Sec. 1. Section 3299, Compiled Laws of 1897, regarding suits against garnishee,

amended. Costs in garnisment proceedings. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That Section 3299 of the Compiled Laws of New Mexico of 1897, be and the same hereby is amended so as to read as

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follows: Section 3299. The suit instituted against such garnishee shall be continued without trial or decision until the action against such defendant in attachment shall be determined; and if in such action nothing shall be found due from the defendant to the plaintiff, then the garnishee shall recover costs and expenses against the plaintiff; or if, in such suit so instituted against the garnishee, the plaintiff shall be non-suited, his suit discontinued, or judgment be had against him, the said garrishee shall recover costs and expenses; and if the plaintiff shall recover judgment against the defendant in such attachment, and the garnishee shall deliver up to the officer before judgment is had against him, all the goods, chattels and other property of such defendant in his possession, and shall also pay over to the said justice all moneys due from him to the said defendant, then the costs and expenses which shall have accrued on such suit against the garnishee shall be paid out of the proceeds of the property attached, belonging to the defendant; but if the garnishee shall not appear, or if appearing, shall refuse truly to confess the matter alleged, and the plaintiff, on trial, shall recover judgment, the said garnishee shall pay the costs and three ($3.00) dollars attorney's fee.

Sec. 2. 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 sixty days after its passage.

CHAPTER 134.

C.

AN ACT IN REFERENCE TO PROPERTY SOLD FOR TAXES.

B. No. 145; Approved March 16, 1905.

CONTENTS.

Sec. 1. Tax collector to sell certificate of sale.
Sec. 2. Fees.

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

Merico: Section 1. In case any property shall be bid in by any county as provided for in section 22 of the act embraced in chapter 22 of the laws approved March 1, 1899, the duplicate certificate of such sale shall be sold by the tax collector to any person who shall pay the face value thereof with accrued interest and if the same cannot be sold at private sale within three years from the date of such

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