and wish to retain the exclusive right to the use of a trade-name, trade-mark or label shall make a description of the same in writing, accompanied by a fac-simile of such trade-name, trade-mark, or label, which description and application must set forth the class or classes of merchandise to be covered by such trade-name, trademark or label, together with a statement that the applicant claims by priority of adoption and employment of the same, exclusive right to the use thereof. Such instrument shall be signed by at least one of the persons or by the officials of the company making application for registration, the whole duly acknowledged, and filed in the office of the secretary of the territory. For the filing of each application and issuing certificate thereof, the secretary shall collect a fee of $5.00. The secretary shall keep a record of each tradename, trade-mark, or label, and it shall be unlawful for any other person, firm, corporation or association to adopt a trade-name, trademark or label identical with or similar to one previously registered. A copy of such description of any trade-name, trade-mark or label, certified under the great seal of the Territory of New Mexico, shall be prima facie evidence of the facts therein stated.

Sec. 2. The proprietor of each trade-name, trade-mark or label shall cause the same to be plainly marked, printed, stamped or branded upon each article or original package covered by the same.

Sec. 3. It shall be unlawful for any person or persons, firm, corporation or association to use or refill any barrel, sack, package or bottle bearing any registered trade-name, trade-mark or label with any article for purposes of deceit.

Sec. 4. It shall be unlawful for any person or persons, firm, corporation or association to make, forge or counterfeit any tradename, trade-mark or label previously registered in accordance with this act; have in his or their possession, except with written permission of the owner thereof, any die, stamp, stencil or model of such trade-name, trade-mark or label; vend or keep for sale any drugs, goods, wares or merchandise intended to represent the drugs, goods, wares or merchandise covered by such trade-name, trade-mark or label, or affix any general design identical with or similar to such trade-name, trade-mark or label when not the first to employ or use the same.

Sec. 5. Any person or persons, firm, corporation or association. violating the provisions of Sections 3 or 4 of this act shall be deemed guilty of misdemeanor and shall be subject to a fine in a sum not less than $50.00 nor more than $200.00 for each offense, at

the discretion of the court, together with damages as they may

appear.

Sec. 6. The provisions of this act, in so far as they may be applicable, are hereby extended to any person or persons, firm, corporation or association, who may have registered a trade-name, trade-mark or label in good faith prior to the passage of this act, and this act shall be in force and effect from and after its passage.

CHAPTER 25.

AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE DISTRICT COURT FOR THE SIXTH JUDICIAL DISTRICT.

B. No. 45; Approved March 2, 1905.

S. H.

CONTENTS.

Sec. 1.

Sec. 2.

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

All writs issued by district court, returnable at times and places designated in section 1.

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

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

In the County of Otero at the county of seat of said county, conmencing on the second Mondays in March and September each year.

In the County of Lincoln at the county seat of said county, commencing on the second Mondays in April and October each year. In the County of Leonard Wood or Guadalupe as the case may be, at the county seat of said county, commencing on the second Mondays of May and November each year.

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

Sec. 2. Every writ, summons, recognizance, venire, subpoena, or other process whatever, which has been issued or taken out, or which may hereafter be 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 mentioned in said section.

Sec. 3. 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 26.

AN ACT ENTITLED AN ACT TO AMEND SUB-SECTION 134, OF SECTION 2685, OF THE COMPILED LAWS OF 1897. C. B. No. 93; Approved March 2, 1905.

Sec. 1.

CONTENTS.

Sub-section 134, Section 2685, Compiled Laws of 1897, regarding notice of motion to set aside judgment, amended. Setting aside of default judgments.

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

Section 1. That sub-section 134 of Section 2685 of the Compiled Laws of New Mexico, 1897, be and the same is hereby amended to read as follows:

Any judgment heretofore rendered or hereafter to be rendered in any court of this territory, out of term time, upon default, may be set aside by the judge upon motion filed within sixty days of the date of the entry of such judgment, upon good cause shown to the judge or court in which such judgment is rendered.

Sec. 2. This act shall be in full force and effect from and after its passage, and all acts or parts of acts in conflict herewith, are hereby repealed.

CHAPTER 27.

AN ACT TO AMEND SECTION 1, OF CHAPTER 95, OF THE SESSION LAWS OF 1901, AMENDING SECTION 8, OF CHAPTER 22, OF THE SESSION LAWS OF 1899, AMENDING SECTION 1757, OF THE COMPILED LAWS OF 1897; IN REGARD TO EXEMPTIONS FROM TAXATION. H. B. No. 43; Approved

March 3, 1905.

CONTENTS.

Sec. 1. Section 1, Chapter 95, Laws of 1901, regarding exemptions from taxation, amended. Widows exempted

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

Section 1. That Section 1 of Chapter 95 of the Session Laws of 1901, whereby there was amended Section 8 of Chapter 22 of the Session Laws of 1899, which amended Section 1757 of the Compiled Laws of 1897, be and the same hereby is amended by adding thereto the following:

"Provided, Further, That all widows, whether having persons dependent on them or not, residents of this territory, shall be held and considered to be heads of families within the meaning of this act, and shall, in like manner that heads of families are so entitled to exemption be entitled to exemptions in conformity with the provisions of this act."

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 its passage.

CHAPTER 28.

AN ACT FOR THE PROTECTION OF MINING PROPERTY. A. C. B. No. 47; Approved March 3, 1905.

CONTENTS.

Sec. 1. Owners of mining property to post notices.

Sec, 2. Unlawful after posting of notices to enter upon premises. Proviso.

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

Section 1. Whenever the owner or lessee of any mining property in the Territory of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees may post notices in English and Spanish in at least three public places upon said premises, warning all persons from entering upon said property without permission of the owner or lessee or his or their authorized agent or superintendent, which notices shall describe the boundaries of said property.

Sec. 2. After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, mentioned in Section 1 of this act, and any person violating the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceed

ing fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or both such fine and imprisonment, in the discretion of the court: Provided, That this section shall not apply to any person or persons entering said premises in good faith for the purpose of ascertaining whether assessment work has been done, or for the purpose of making a location on government land. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in full force thirty days from and after its passage and approval.

CHAPTER 29.

AN ACT DEFINING THE CRIME OF ARSON AND PROVIDING A PENALTY THEREFOR, AND FOR OTHER PURPOSES. C. S. for C. B. No. 55; Approved March 3, 1905.

CONTENTS.

Sec. 1. Burning of dwelling-house to constitute crime of arson.

Sec. 2. Burning of any building of value of fifty dollars or over to constitute crime of arson. Punishment.

Sec. 3.

Sec. 4. Sections 1101, 1102 and 1108, Compiled Laws of 1897, regarding the crime of arson, repealed.

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

Section 1. Any person who shall wilfully and maliciously burn any dwelling-house, the property of another, whereby the life of any person shall be destroyed, or shall wilfully and maliciously set fire to any building owned by himself or another, by the burning whereof any such dwelling-house shall be burned, whereby the life of any person shall be destroyed, shall suffer the same punishment as provided in the crime of murder in the first degree; and if the life of any person shall not have been destroyed, such person so offending shall be deemed guilty of the crime of arson, and upon conviction thereof he shall be punished by imprisonment in the county jail or territorial prison not less than two years nor more than twenty years. And if at the time of the committing of the offense aforesaid there was no person living in or occupying the dwellinghouse so burned, he shall be punished by imprisonment in the territorial penitentiary not less than one year nor more than fifteen years.