Sec. 6. Objection to deposition after return to court. To be in writing. Copy to be served on opposite party.

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

Mexico:

Section 1. That the first three lines of section 3041 of the Compiled Laws of 1897 are amended so as to read as follows: "The commission shall be addressed on its face and on the envelope conveying the same to any one or more of the following officers, at his or their place of business or residence, the street number whereof shall be stated in the commission and on the said envelope, if known, and if not known the applicant shall make affidavit to that effect personally or by attorney or agent, which affidavit shall be filed with the clerk of the proper court before the commission issues, to-wit:"

Sec. 2. That substantial compliance with the laws concerning the commission, and the precedent and subsequent proceedings, relative thereto, liberally to be construed by the courts, is sufficient.

Sec. 3. That section 3043 of the Compiled Laws of 1897 is hereby amended by adding at the end thereof the following: "But it shall be a satisfactory compliance herewith if the certificate of the notary public or other officer who took the deposition shows that the witness was sworn as to the truth of his answers either before they were given or at the time that his signature was appended to them."

Sec. 4. That section 7 of chapter 82 of the Session Laws of 1901 is hereby amended by the addition thereto of the following: "Provided, that the notary public or other officer empowered to take the deposition may adjourn or postpone the taking of the testimony for reasons which appear sufficient to him in furtherance of justice or the production of the eviidence, but it shall be at the cost of the party proposing the witness, unless the party giving the notice fails to be present at the time originally set for the taking of the deposition at the place named for the taking, among other proper causes of adjournment or postponement being the absence of the witness. If the cause be the absence of the witness, unless for good reason shown, the officer shall issue a subpoena for him under his hand and official seal, if he have an official seal, and set a new date for the hearing, at the same place as was originally fixed, and if either of the parties interested in the deposition is present at the time when the occasion for the adjournment or postponement arose, the new date shall be made as convenient to them as possible; otherwise the officer shall fix a date in his discretion.

Sec. 5. If a party gives notice that he desires to be present at the taking of a deposition, as now provided by law, and

fails to attend, after notice of the time and place, the deposition shall be taken ex parte, and when the deposition is offered at the trial it shall be open only to objections based on the laws of evidence.

Sec. 6. When any deposition is returned to the proper office by the officer who took the same, the clerk shall forthwith notify the respective parties interested therein, by writing, that the same has been returned, and within ten days thereafter any party desiring to object to the form thereof, the manner of taking, the return of the execution, or to raise any jurisdictional question affecting the same, shall do so specifically in writing, and serve a copy of the objections on the opposite party, otherwise he will be deemed to have waived the objections which might have been raised in time.

Sec. 7. This act shall be in full force and effect from and after its passage and shall apply to commissions heretofore issued in causes still pending, and all acts and parts of acts in conflict herewith are hereby repealed.

JOINT RESOLUTIONS.

JOINT RESOLUTION 1.

EXTENDING VOTE OF THANKS TO SENATORS OF CONGRESS OF THE UNITED STATES WHO HAVE SUPPORTED OMNIBUS

STATEHOOD BILL. C. J. R. No. 2; Approved January 22,

1903.

Be it resolved by the Council and House of Representatives of the 35th Legislative Assembly of the Territory of New Mexico: That the thanks of the people of the Territory of New Mexico, through the 35th legislative assembly, are hereby extended to all those senators who have by their voices, votes and influence assisted thus far in our request for statehood, as contained in H. R. 12,543, commonly known as the omnibus statehood bill; and we earnestly pray their continued assistance in securing for us our rights as American citizens.

And it is further resolved, that the president of the council and the speaker of the house of representatives be directed to telegraph a copy of this joint resolution to the president pro tem of the senate of the United States, and that the chief clerk of the council be directed to have these resolutions printed and a copy thereof transmitted to each member of the senate of the United States.

JOINT RESOLUTION 2.

EXTENDING VOTE OF THANKS TO HON. BERNARD S. RODEY. C. J. R. No. 3; Approved January 22, 1903.

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

That the thanks of the people of the Territory of New Mexico, through their legislative representatives, be and the same are hereby extended to the Honorable Bernard S. Rodey, our delegate in congress, for the energetic, earnest and able services rendered by him before the congress of the United States in advocating the admission of New Mexico into the Union as a state, and that he is hereby assured of

the hearty approval and appreciation of the people of this territory on account thereof.

Resolved, further, that a certified copy of this resolution, signed by the president of the council and the speaker of the house of representatives be forwarded to the Honorable Bernard S. Rodey, and that in addition thereto the same be telegraphed thereby to him.

JOINT RESOLUTION 3.

PROVIDING FOR THE PAYMENT OF EMPLOYES AND CONTINGENT EXPENSES OF THE LEGISLATURE. C. J. R. No. 6; Passed over Veto, January 30, 1903.

Be it resolved by the Council and the House of Representatives of the 35th Legislative Assembly of the Territory of New Mexico: That the sum of two thousand four hundred and eighty-five dollars ($2,485.00) is hereby appropriated to pay the salaries of interpreters, translators and contingent expenses of the council of said legislative assembly; and the additional sum of two thousand three hundred and thirty-nine dollars ($2,339.00) to pay the salaries of interpreters, translators and contingent expenses of the house of representatives of the legislative assembly.

That upon presentation of this resolution to the auditor of the Territory of New Mexico, the said auditor shall draw his warrants, against the territorial treasurer, in favor of J. Francisco Chaves, president of the council of said legislative assembly, for the sum of two thousand four hundred and eighty-five dollars ($2,485.00), and in favor of Nestor Montoya, speaker of the house of representatives, for the sum of two thousand three hundred and thirty-nine dollars ($2,339.00), respectively; and said treasurer hereby is directed and ordered to pay the same out of any funds in the territorial treasury at the time of the presentation of said warrants, at his discretion, except funds in his hands for the payment of interest on the territorial debt.

That the said sums of two thousand four hundred and eighty-five dollars ($2,485.00) and two thousand three hundred and thirty-nine dollars ($2,339.00), shall be hereafter paid out as may be directed by said 35th legislative assembly of the Territory of New Mexico.

JOINT RESOLUTION 4.

TO PROVIDE THE MEMBERS OF THE LEGISLATURE WITH COPIES OF THE COMPILED LAWS OF 1897, AND ALSO WITH COPIES OF ALL LAWS WHICH HAVE BEEN PASSED AFTER

THAT DATE. H. J. R. No. 2; Approved February 11, 1903.

Be it resolved by the House of Representatives and Council of the Legislative Assembly of the Territory of New Mexico:

That the librarian of the territory is hereby ordered and authorized to provide the members of the present legislative assembly who so desire, with copies of the Compiled Laws of 1897 and with the copies of all the laws which have passed after that date, and have become laws, and that said librarian be given credit for same.

JOINT RESOLUTION 5.

DEFICIENCY APPROPRIATION PROVIDING PAYMENT FOR THE PRINTING AND DISTRIBUTION OF REPORT OF SUPERINTENDENT OF PUBLIC INSTRUCTION FOR THE YEAR 1902. C. J. R. No. 5; Approved February 11, 1903.

Be it resolved by the Council and House of Representatives of the 35th Legislative Assembly: That,

Whereas, three thousand copies of the report of the superintendent of public instruction were printed and distributed during the past year throughout the territory and the states of the Union, at the earnest request of the board of education of the territory, although there were no funds available to cover the expense of such printing and distribution, but the necessity therefor was so great and important for the educational interests of the territory, that they deemed the expense incurred an absolute necessity to be provided for by this legislative assembly; and,

Whereas, the governor of the territory in his message to this legislative assembly has earnestly recommended that we at once make provision for the payment of the expense connected with such printing and distribution of the report of the superintendent of public instruction:

Now, therefore, be it resolved, that the superintendent of public instruction is hereby directed to present the approved bills for such printing and distribution to the territorial auditor who thereupon is instructed to draw his warrant against any funds in the territorial treasury, except such as are reserved for the payment of interest on the public debt,