highways of their respective districts in repair and in good condition for travel. The road overseers shall notify all persons in their districts subject to road tax between the first day of April and the first day of September in each year, to appear at such time and place and with such tools as he may designate to perform the work required in lieu of road tax: Provided, Nothing in this section shall prevent the overseer from calling out any such persons to perform such work at any time when he shall consider the same needed.

Sec. 28. Any person subject to road tax, who, after due notice has been given, refuses the same or to perform the work in lieu thereof, for a period of ten days after being so notified, according to the provisions of the preceding section, shall be considered delinquent, and it shall be the duty of the road overseer to immediately make a list of such delinquents in his district and every such delinquent shown on the said list shall be subject to the payment of such tax, which taxes shall be recovered in a separate action for each delinquent in any court of competent jurisdiction, and such penalty and taxes, or any part thereof, collected upon any such judgment shall be paid into the county treasury, to be paid out on such road where the tax was assessed and the delinquent lives, and the county treasurer shall keep a record of all such sums of money so coming into his hands.

Sec. 29. All persons, corporations or companies, are hereby required on application by the road overseer or his deputy, to furnish to said road overseer with the names of his, her or their employes, when they are employing ten or more persons, who are or may be liable to the payment of road taxes under the provisions of this act, and in the event of their refusal so to do within ten days after being so requested, shall forfeit the sum of one hundred dollars for each refusal so to do, and such sum shall be recovered in the same way as any penalty is collected; such money when collected shall be paid into a special fund and paid in the same manner as other moneys paid in for taxes.

Sec. 30. If any road tax be unpaid and delinquent the road overseer of the district wherein the same is due and payable, may serve on any debtor of the person from whom such tax is due, a notice, printed or in writing, or partly printed or partly written, that such road tax has been demanded and is unpaid, and requiring such debtor of the person delinquent to pay to such road overseer the full amount of such road tax, with fifty cents additional thereto for costs of such notice; and every such notice may require

such debtor to appear before some justice of the peace of the county at a date and hour named therein, to answer said road overseer as the garnishee of such delinquent tax-payer.

Sec. 31. The service of such notice shall have the same effect as the service of a garnishee process, and upon the service thereof, the person upon whom the same is served, shall be authorized to pay to the road overseer the amount of tax assessed said delinquent, together with fifty cents in addition thereto, and such payment shall to the extent thereof bar any further liability therefor to such delinquent tax-payer.

Sec. 32. If any such debtor upon whom service of any such notice is made, shall fail or refuse to pay the road overseer serving the same, the amount of such tax, with the fee of fifty cents for serving such notice as provided by the two preceding sections, he shall be liable for all costs thereafter accruing in said proceedings of garnishment. Every road overseer, for the service of such notice shall be entitled to receive fifty cents.

Sec. 33. If any person required by this act to pay a road tax neglect to make such payment, or perform the labor in lieu thereof, and the road overseer is unable or neglects to collect the same prior to the first day of November in any year, it shall be the duty of the overseer of roads to report such delinquency to the county treasurer of the county, who is hereby authorized and required to collect the amount of such delinquency from the delinquent in the same manner as other taxes are collected, and to pay the same over to the overseer of roads of the road district in which the same are due and payable.

Sec. 34. The road overseers shall report to the board of county commissioners at their regular December meeting of each year, a list of all persons in their districts subject to a road tax, the names of all persons who have performed work in lieu thereof; the amount of money collected and paid out by him, from whom received, to whom and for what it was paid, the number of days he has been in actual service as road overseer, and the list of delinquents.

Sec. 35. Each road overseer shall receive as compensation for his services a sum to be fixed by the board of county commissioners, not exceeding five dollars per day for each days' service rendered as road overseer, to be paid out of the road fund in the county treasury, belonging to the respective districts.

Sec. 36. No person or persons shall erect any fence, house or other structure, or dig pits or holes in or upon any highway or

place thereon any stone, timber, trees or any obstruction whatsoever; and no person or persons shall tear down, burn or otherwise damage any bridge of any highway, or cause waste water or the water from any ditch, road, drain, or flume to flow in or upon any road or highway so as to damage the same.

Sec. 37. No person or persons, corporation or company, shall dam the waters of any stream so as to cause the same to overflow any road, or damage or weaken the abutments, walls or embankments of any bridge or any highway. Any person or persons, corporation or company, violating any of the provisions of this section shall forfeit the sum of fifty dollars to the county as a penalty, and shall be liable to the county and to any person or persons, corporation or company for any damages resulting therefrom.

Sec. 38. Any person or persons, corporation or company, owning or constructing any ditch, raise, drain, flume, in, upon or across any highway shall keep the highway open for safe and convenient travel, by constructing bridges over such ditch, raise, drain, or flume, or by providing other safe and convenient way across or around the said ditch; and within five days after any ditch is constructed across, in or upon any highway, at any point thereof, so as to interfere with or obstruct such highway, the person or persons owning or constructing such ditch shall erect a good and substantial bridge across the same, which shall thereafter be maintained by the county. Any person or persons, corporation or company constructing any ditch, raise, drain, flume, in, upon or across any highway, and failing to keep the highway open for safe and convenient travel, shall forfeit the sum of twenty-five dollars to the county. And any person or persons, corporation or company, who shall fail to erect a good substantial bridge across any ditch, raise, drain, or flume within five days after the same is constructed in, upon or across any highway, shall forfeit the sum of twentyfive dollars to the county, together with the cost of constructing there a good and substantial bridge which the overseer shall at once proceed to build, and shall also be liable in damages to any person or persons damaged by such neglect.

Sec. 39. In order to foster and encourage the use of local materials and labor, hereafter any bridge or culvert constructed upon the provisions of this act in this territory shall be constructed, whenever practicable and more economical, of material produced in this territory, using local labor in its construction.

Sec. 40. All fines, penalties and forfeitures incurred under any provisions of this act, except as otherwise provided, shall be recov

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." 16, 1905.

C. B. No. 152; Approved March

CONTENTS.

Sec. 1. Chapter, 50, Laws of 1899, relating to sales of coal oil, amended. Provisoact 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 proviso:

"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 designatin 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 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.