"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 designated 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

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 garnishee 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.

AN ACT IN REFERENCE TO PROPERTY SOLD FOR TAXES. C. 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 Mexico:

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

certificate, such certificate shall be sold at public auction to the highest bidder for cash by the collector in office at the time of said sale after said collector shall have posted a notice giving a statement of the proposed sale, said notice to be posted on the front door of the court house for not less than four weeks prior to said sale.

Sec. 2. No fees under this act shall be paid to the assessor, collector or district attorney until the money shall be realized by the sale of the certificate or certificates in question.

Sec. 3. This act shall be in force and effect from and after the date of its passage.

JOINT RESOLUTIONS.

JOINT RESOLUTION 1.

Be it enacted by the Thirty-sixth Legislative Assembly of the Territory of New Mexico: C. J. R. No. 1; Approved January 18,

1905:

That there is hereby appropriated out of any moneys in the Territorial Treasury for the payment of the contingent expenses of said legislative assembly, during the (60) sixty days thereof, the sum of twelve thousand ($12,000.00) dollars, or so much thereof as may be necessary, six thousand ($6,000.00) dollars of which shall be expended under the direction of the chairman of the finance committee of the house of representatives, and six thousand ($6,000.00) dollars under the direction of the chairman of the finance committee of the legislative council, who shall respectively cause to be kept an accurate and true account of all disbursements made hereunder, and shall cause to be made a certified report to the president of the council and speaker of the house of representatives of all such disbursements so made, and the receipts therefor; and the treasurer of the territory is hereby directed to pay out of any moneys in the treasury such sums so stated to the order of the said chairman of the finance committee of the house of representatives and to the chairman of the finance committee of the legislative council, upon presentation of a certified copy of this resolution.

JOINT RESOLUTION 2.

TO SUPPLY MEMBERS OF COUNCIL AND HOUSE OF REPRESENTATIVES WITH THE COMPILED LAWS OF 1897 IN SPANISH AND ENGLISH. C. J. R. No. 2; Approved January 24, 1905. Be it resolved by the Council and House of Representatives of the Legislative Assembly of the Territory of New Mexico:

That the librarian of the territory be and he is hereby directed and authorized to supply each member of the legislative assembly with a copy of the Compiled Laws of New Mexico of 1897, in Spanish and English and that he take credit for the same.