the territorial auditor an itemized statement of his account duly verified, and the said amounts shall be paid out of any moneys in the treasury not appropriated for payment of interest. For publication U. S. geological survey reports to be expended under direction of the School of Mines, or so much thereof as may be necessary.... ...$2,500.00 For the purpose of defraying the expenses of statehood. 3,682.25 To James D. Hughes, deficiency account 1903 assessment rolls on file in auditor's office... .. 141.00 To James S. Duncan, deficiency account 1903 council journals.. 250.73 To James S. Duncan, deficiency account 1903, house journals...... 757.02 Traveling auditor.... 671.90 55.50 Game and fish warden. Provided, That the territorial auditor shall not make payments for any of the deficiency appropriations herein made, except upon duly authentic accounts therefor. Sec. 16. At the end of each fiscal year and after any appropriations and expenditures which may be required to be paid out of any particular fund or funds shall have been paid, all the surplus which shall remain in any or either one of the particular funds, shall be transferred by the territorial treasurer to the credit of the same fund for the following fiscal year. Sec. 17. The same appropriations made for the fifty-seventh fiscal year are hereby extended to the fifty-eighth fiscal year, except the appropriations made for the printing of the laws and journals of the 36th legislative assembly and for the translation of such laws; and for the appropriation made for the relief of the residents of the Mimbres valley, and the appropriation made for the insurance of the capitol buildings and furniture and for the appropriation for insurance for the territorial library and for the appropriation made for the compilation of the revenue laws and for the appropriations made for the payment of the deficiencies which are made applicable to the fifty-seventh fiscal year only, and shall not extend to the appropriations for the fifty-eighth fiscal year; except that $900.00 is hereby appropriated for binding, printing, and delivering three hundred copies of volume 14 of the decisions of the New Mexico reports. Sec. 18. The territorial treasurer shall distribute from territorial taxes, on or before the tenth day of each month, collected during the preceding month for each fiscal year for the credit cf each appropriation, in proportion, that each such appropriation bears to the total appropriation. Sec. 19. The territorial auditor is hereby instructed and directed to levy a tax on all the taxable property of the territory sufficient to raise the amount hereinbefore appropriated for the fifty-seventh and the fifty-eighth fiscal years, and to certify the same at the time and in the manner required by law to the board of county commissioners of the respective counties of the territory. Sec. 20. Hereafter whenever any subsequent legislature shall fail to pass a general appropriation act, the same appropriations herein made for the fifty-eighth fiscal year, and none other, are hereby extended for each and every subsequent fiscal year thereafter, unless otherwise provided by law, and the territorial auditor is hereby directed to cause a levy to be made sufficient to produce the revenue to meet such appropriation in the manner prescribed by law. Sec. 21. This act shall be in full force and effect on and after its passage. CHAPTER 113. AN ACT TO REPEAL CHAPTER FIFTEEN OF THE ACTS OF THE THIRTY-FOURTH LEGISLATIVE ASSEMBLY. C. B. No. 153; Approved March 16, 1905. CONTENTS. Sec. 1. Chapter 15, Laws of 1901, amending Section 3910, Compiled Laws of 1897, repealed. Section 3910, regarding the voidability of certain contracts against public policy, re-enacted. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Chapter 15 of the acts of the 34th legislative assembly entitled "An Act to amend section 3910 of the Compiled Laws of 1897, approved March the 6th, 1901, be and the same is hereby repealed." And the said section 3910 be and the same is hereby re-enacted. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage. CHAPTER 114. AN ACT RELATING TO SUPREME COURT PRACTICE AND AMENDING THE STATUTES RELATING THERETO, AND FOR OTHER PURPOSES. C. A. to A. H. B. No. 75; Approved March 16, 1905. CONTENTS. Sec. 1. Section 1, Chapter 4, Laws of 1899, regarding the time of holding the supreme court, amended. Term of supreme court. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Return of process. Section 3140, Compiled Laws of 1897, regarding the return of appeals, repealed Return of writs. Granting of supercedeas. Sub-section 161, Section 2685, Compiled Laws of 1897, made applicable to all civil cases. Sec. 6. Section 1, Chapter 5. Laws of 1903, amending sub-section 175, Section 2685, Compiled Laws of 1897, amended. Construction of sub-section 175, Section 2685, Compiled Laws of 1897. Sec. 7. What shall be deemed sufficient pleadings. Amendment of defective affidavits, bonds or writs. When alias and pluries Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 1 of the said act of the legislative assembly of the Territory of New Mexico, being Chapter 4 of the acts of 1899, approved February 4, 1899, be and the same is hereby amended to read as follows: The regular term of the supreme court shall be held at the city of Santa Fe, commencing on the first Wednesday after the first Monday in January in each year, and adjourned terms of said court may be held from time to time between the last day of any regular term and the first day of an ensuing term as the court may deem proper and order. Sec. 2. All appeals, writs of error, bonds, summons, citations, and other process, heretofore returnable to the first day of the regular term of said court, shall hereafter be returnable ninety days after such appeals are taken, and such writs of error sued out, or such bonds, summons, citations and other process is issued, and the court shall take jurisdiction to hear, determine and dispose of all such appeals, writs of error, bonds, summons, citations and other process from and after such return days in the same manner it has heretofore taken jurisdiction thereof on the first day of the regular annual term of said court. Writs of error and appeals shall be sued ⚫ut in the manner now provided by law. Whenever a writ of error is sued out citation shall be issued by the clerk of the supreme court, directed to and citing the opposite party to appear to answer such writ; and whenever an appeal is taken unless the same is taken in open court, the opposite party, or his attorney being present, which fact shall be shown by the record, citation shall be issued by the clerk of the district court, directed to and citing the opposite party to appear in the supreme court and answer such appeal on the return day thereof. Such citations, both in the case of writs of error and appeals, may be served by delivery of copies thereof to the opposite party or his attorney of record in the court below. Such citations may be served by an officer or any other person, and when not by an officer service shall be made to appear by affidavit, or otherwise to the satisfaction of the court. Sec. 3. Section 3140 of the Compiled Laws of 1897, is hereby repealed, and the following enacted in place thereof: The appellant in cases of appeals and the plaintiff in error in cases of writs of error shall file in the office of the clerk of the supreme court at least ten days before the return day of any writ of error or appeal, as perfect and as complete a transcript of the record and proceedings in the cause as may be necessary to enable the court to properly review it. If he fails to do so, the appellee or defendant in error may produce in court such transcript and if it appear thereby that an appeal has been allowed in the cause or from the records of the court that a writ of error has been sued out, the court shall upon such transcript affirm the judgment, unless good cause be shown to the contrary. On appeals and writs of error, the appellant and plaintiff in error shall assign errors on or before the return day to which the cause is returnable. In default of such assignment of error the appeal or writ of error may be dismissed and the judgment affirmed, unless good cause for such failure be shown. Unless exception is filed or taken to the assignment of error the opposite party shall be deemed to have joined in error upon the assignment of error so filed. Sec. 4. Whenever any writ of error is sued out and the judg ment sought to be reviewed is for a recovery other than a fixed amount of money, the chief justice, or any associate justice of the supreme court may by order fix the amount of the bond to be given as a condition for granting the supercedeas, as now provided by law in cases of appeal, and upon the making of the said order and the giving of the bond to be approved by the judge making the order, the supercedeas shall at once go into effect and the judge shall certify his approval of the bond and his order allowing said supercedeas, and upon the filing in the office of the clerk of the supreme court of the same, the said clerk shall thereupon issue the writ of error as in other cases, and the said order fixing the bond and granting the supercedeas, shall also be entered in the district court. in which the judgment sought to be reviewed by writ of error was rendered. But the provisions of this section shall not affect causes now pending on appeal nor writs of error heretofore sued out. Sec. 5. Sub-Section 161 of Section 2685 of the Compiled Laws of 1897, shall hereafter be held to apply to all civil cases, and such cases may hereafter be reviewed either by writ of error or appeal.' Sec. 6. Section 1 of the act of the legislative assembly approved February 19, 1903, being Chapter 5 of the acts of the 35th legislative assembly, is hereby amended so as to read as follows: Sub-Section 175 of Section 2685 of the Compiled Laws of New Mexico of 1897 be and the same is hereby amended so as to read as follows: All statutes in force at the date of the passage of this act, (Section 2685) or enacted since then, or hereafter enacted relating to habeas corpus, mandamus, prohibition, quo-warranto, replevin, attachment, ejectment, eminent domain, suits for partition of real estate, actions to determine and quiet title to real property, proceedings for the sale of real estate of infants, shall not be held to be repealed by the enacting of said Section 2685 of the Compiled Laws of 1897, but said Section 2685, and all other statutes relating to said subject shall be construed together as if all of said laws were enacted at the same time, and shall receive such construction from the court as to harmonize the same as parts of one act, and no repeal shall be held to have been made by implication or conflict, except so far as may be necessary to harmonize the said laws and give effect to them as one uniform system. Sec. 7. That the statement of all causes of action and the allegations of all pleadings shall be made in arrangement and form as provided by Section 2685 of the Compiled Laws of 1897, as amended and supplemented, but in actions by attachment, replevin, ejectment, eminent domain, for partition of, or quieting the title to real |