tained or voted upon and that no vote shall be ordered on substantially the same proposition oftener than once in ten years. Sec. 2. This act shall be in effect and force from and after its passage. CHAPTER 120. AN ACT ENTITLED AN ACT WITH REFERENCE TO QUALIFICAC. B. No. 154; Approved TIONS OF DEPUTY SHERIFFS. March 16, 1905. CONTENTS. Sec. 1. Qualifications of deputy sheriffs. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Hereafter no person who may be under indictment or may be generally known as a notorious bad character, or as a disturber of the peace shall be eligible to serve as a deputy sheriff, and sheriffs are hereby prohibited from issuing commissions to such persons as deputy sheriffs, and it is hereby made the duty of the judge of the district court upon complaint being made that the provisions of this act have been violated to investigate the same, and if found to be true, such judge of the district court is hereby given authority to revoke any such commission given by any sheriff contrary to the provisions of this act. Sec. 2. its passage. This act shall be in full force and effect from and after CHAPTER 121. AN ACT RELATING TO THE PUBLICATION OF PROCESS AND THE SERVICE OF PROCESS BY PUBLICATION. C. B. No. 141; Approved March 16, 1905. CONTENTS. Sec. 1. Publication of process and service of process by publication. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. In all causes and proceedings commenced and pending in the district courts of the Territory of New Mexico wherein it is necessary to secure service of process against any of the parties to said cause or proceeding by publication, and in all causes or proceedings wherein publication is necessary, it shall be the duty of the clerk of the district court wherein each cause or proceeding is pending to cause such publication to be made in some newspaper in the county wherein such cause or proceeding is pending. Sec. 2. passage. This act shall be in force and effect from and after its CHAPTER 122. AN ACT AMENDING AN ACT ENTITLED "AN ACT CREATING THE OFFICE OF OIL INSPECTOR AND PROVIDING FOR THE IN- CONTENTS. Sec. 1. Chapter 66, Laws of 1905, regarding the inspection of coal oil, amended Words "naptha," "engine naptha," and "43 specific gravity" stricken out. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That house bill 74 entitled "An Act creating the office of oil inspector and providing for the inspection of coal oil, gasoline and naptha in the Territory of New Mexico,” be and the same is hereby amended by striking out the word "naptha" or "engine naptha," also the words "43 specific gravity" wherever said words may appear in said act, and the provisions of said act shall not apply to naptha or engine naptha, and said act shall not be in full force and effect until thirty days after the approval thereof. Sec. 2. This act shall be in full force from and after its passage. CHAPTER 123. AN ACT DESIGNATING THE METHOD OF PAYMENT OF CERTAIN APPROPRIATIONS WITH REFERENCE TO THE COUNTY OF TAOS. C. B. No. 150; Approved March 16, 1905. CONTENTS. Sec. 1. Territorial treasurer to pay over appropriation for flood sufferers of Taos county to committee. Duty of committee. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The territorial treasurer is hereby directed to pay over the appropriation provided in council bill No. 40, for the relief of the flood sufferers of Taos County, to a committee of three persons, resident of said county, which committee shall be designated by the governor. Said committee are hereby required to distribute said appropriation in accordance and under the provisions of said council bill No. 40, in the same manner as provided for such distribution, by the board of county commissioners; it being the intent of this act that said appropriation so made shall be distributed under the supervision of said committee in lieu of the board of county commissioners of said county. Sec. 2. This act shall be in full force and effect from and after its passage. CHAPTER 124. AN ACT RELATING TO PUBLIC HIGHWAYS. C. B. No. 116; Approved March 16, 1905. Sec. 6. Where proposed highway is on the county line, concurrence of both counties necessary. Joint maintenance. Sec. 7. Sec. 9. Board of commissioners to view and mark out proposed road. Sec. 11. Sec. 12. Sec. 13, Sec. 14. Sec. 15. Sec. 16. Vacancies. Report of viewers. Compensation. County commissioners to determine the advisability of roads. County commissioners to declare road a public highway. Notices. Proviso. Sec. 17 Sec. 18. Right of appeal, when damages considered inadequate. Sec. 19. Petition for public highway. Sec. 20. Sec. 22. The laying out of private wagon road from dwelling to public highway. When fords deemed part of public highway. Penalties for obstruction of Work on bridges costing over $300 to be let out on contract. Proviso. Sec. 23. Sec. 24. Sec. 25. Road tax. Duty of road overseers to keep roads in repair. Proviso. When employers required to furnish list of employes liable to payment of road tax. Notice to debtor of delinquent tax payer to pay taxes. When debtor liable for costs accruing in garnishment proceedings. Damming of waters causing the overflow of any road prohibited. Penalty. Persons owning or constructing ditches, flumes, etc., across highways, to provide safe ways across highways. Penalties. Use of local material and labor. Action for recovery of fines, etc., incurred under act. Chapter 40, Laws of 1901, regarding public highways. repealed. Act not to conflict with Chapter 7, Laws of 1903. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. All roads and highways, except private roads, heretofore established in pursuance of any law of the Territory of New Mexico, and roads dedicated to public use, that have not been vacated or abandoned, and such other roads as are now recognized and maintained by the corporate authorities of any county in this territory, are hereby declared to be public highways. Sec. 2. All public highways, except such as are owned and operated by private corporations, and highways within the corporate limits of any incorporated city or town, shall be maintained and kept in repair by the respective counties in which they are located Sec. 3. Whenever, in the opinion of the board of county commissioners of any county, any road or part of road then established and maintained as a public highway, is not needed, or the repairs of the same are burdensome and in excess of the benefits therefrom, they may at a regular meeting appoint a board of commissioners of three freeholders of the county as viewers, to view such road or part of road, and make report thereof to the board of county commissioners at their next regular meeting, setting forth fully their finding, and if they recommend a discontinuance of such road or part of road, then the board of county commissioners may order the same vacated: Provided, That if such road runs on the county line between two counties, the county commissioners of both the counties interested shall appoint viewers, and the concurrence of the county commissioners of both counties shall be necessary to vacate it. Sec. 4. The board of county commissioners may alter, widen or change any established road or lay out any new road in their respective counties, when petitioned by ten free-holders residing within two miles of the road sought to be altered, widened, changed or laid out. Said petition set forth a description of the road sought to be altered, widened or changed and if the petition be for a new road it shall set forth the points where it is to terminate. Sec. 5. The petitioners shall deposit with the probate clerk of the county in which any road is sought to be altered, widened. changed or laid out and established, a sufficient sum of money, which shall be fixed by the board of county commissioners, to defray the expense of viewing the proposed road, which sum shall be paid into the county road fund in case the prayer of the petitioner is refused, but if the board of county commissioners alter, widen, change or lay out such road, then such sum shall be returned to the person or persons depositing the same. The petitioners in lieu of such deposit may file with the probate clerk aforesaid, a good and sufficient bond conditioned for the payment of the expenses of viewing such road should the prayer of the petitioners be refused. Sec. 6. If any proposed highway be on the county line between two counties, the board of county commissioners of each county interested shall be petitioned, and each of such boards shall appoint three viewers, qualified as in other cases, who, or a majority of whom, shall meet at a time and place named by the board of county commissioners first interested and proceed to view and mark out the road, and report to the board of county commissioners of both counties, as in other cases, and the concurrence of the county commissioners of both such counties shall be necessary to establish it. And, if any such road be established, each of such counties shall open and maintain a definite part thereof, which the board of |