pay the amounts so agreed to be paid for the supplying of water or lights not exceeding the sum of four mills for water and two mills for lights on the dollar for any one year. Provided, That this shall not authorize any increase in the total amount of taxes now authorized to be carried by such cities and towns, but such total taxes for all purposes shall remain as now enacted by law, and moneys derived in the manner herein described shall be used for no purpose other than specified herein. That any water or light company doing business in this territory who shall refuse to allow to any person or persons the use of water or light for domestic purposes after such person or persons shall have applied for the same, and has or have therefor tendered to such company the just amount of money for rent and expenses for constructing same if further construction be necessary for furnishing same, or charges required by regulation for such use of water or light, shall be deemed guilty of a misdemeanor and shall be fined in a sum not less than ten dollars and not more than twenty-five dollars and shall be liable to the person tendering such money in the sum of double the amount so tendered: Provided, That this act shall not be held to apply to persons who may be in arrears upon any contract with such water or light company. Sec. 2. All acts and parts of acts in conflict with this act are repealed and this act shall be in force from and after its passage. CHAPTER 64. AN ACT FOR THE ENFORCEMENT OF DELINQUENT TAXES ON PROPERTY IN THE HANDS OF A RECEIVER. H. B. No. 123; Approved March 14, 1905. CONTENTS. Sec. 1. Grants of delinquent taxes payable upon property in hands of receiver, to be determined by court. Order upon receiver to pay taxes. Default. Sec. 2. Attorney appointed by county commissioners to bid at sale for property necessary to pay delinquent taxes. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. In all cases where taxes are due and delinquent upon property in the hands of a receiver in the Territory of New Mexico, the district attorney of the district in which such property is situated or any other attorney appointed by the board of county com missioners may make application to the court appointing such receiver, to have such receiver cited forthwith to appear before said court and make answer as to why said taxes are unpaid, whereupon the said court in said cause shall immediately determine the amount of such delinquent taxes in which said property is returned for taxation, and upon such determination shall issue an order directing such receiver to pay said taxes within a time to be fixed by the court, not to exceed sixty days, and in default thereof, the sheriff of the said county be directed to make sale of the said property as now provided by law for the sale of other property under execution. Sec. 2. Such district or other attorney so appointed by the commissioners of the county, at such sale is hereby authorized to bid for and purchase for said county in default of other bidders at such sale so much of said property as may be necessary to pay said taxes, and such county shall hold said property and shall lease or sell the same, subject to the right of redemption from tax sale as now provided by law. Sec. 3. This act shall be in force and effect from and after its passage, and all laws or parts of laws in conflict with this act are hereby repealed. CHAPTER 65. AN ACT REGARDING MARRIAGES, PROVIDING FOR UNIFORM SYSTEM OF RECORDS THEREOF AND FOR OTHER PURPOSES. H. B. No. 129; Approved March 14, 1905. CONTENTS. Sec. 1. Marriage license obtained from probate clerk. Sec. 3. Sec. 2. Clerk to issue license upon proof of legal qualifications. Persons authorized to solemnize marriage, to require production of license. Marriage certificate to be sent to probate clerk. Duty of probate clerk to record certificate. Sec. 4. Sec. 5. Records of civil magistrates and religious societies, not interfered with, by act. Sec. 6. Fee of probate clerk, for issuing license and recording certificate. Sec. 8. Forms: Application for Marriage License, Consent of Parent or Guardian, Sec. 9. Violations of provisions of act, misdemeanor. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That hereafter all persons desiring to enter into the marriage relation in the Territory of New Mexico, shall obtain a license from the probate clerk in the county wherein they desire the marriage to occur. Sec. 2. Whenever said parties reside more than ten miles from the county seat, of any county, they may, if they so desire, make application for such license before any person authorized to perform marriages who shall interrogate them in the manner prescribed by this act, and the laws of the Territory of New Mexico certifying the same to the probate clerk in writing, without expense to applicant for such service. Upon satisfactory proof being produced that the parties are legally qualified to marry the probate clerk shall thereupon issue a license under the seal of said court authorizing said parties to contract marriage. Sec. 3. All persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the probate clerk authorizing said marriage. Nothing in this act shall excuse any person from exercising the same care in satisfying himself as to the legal qualifications of any parties desiring him to perform the marriage ceremony, now required of him by law, in addition to the authority conferred by the license aforesaid. Sec. 4. It shall be the duty of all persons performing the marriage ceremony in this territory as herein provided, to certify said marriage to the probate clerk within ninety days from the date of marriage. The probate clerk shall immediately upon receipt of said -certificate cause the same to be properly recorded and indexed in a permanent record book kept for that purpose as a part of the county records. Sec. 5. Nothing in this act shall be construed to in any manner interfere with the records kept by any civil magistrate, religious society or church organization, or with any additional form of ceremony, regulation or requirement prescribed by them. Sec. 6. For issuing license, recording, and indexing it and recording and indexing the certificate of marriage when properly certified to his office, the probate clerk shall receive a fee of one dollar payable by applicant at time of making application for license. Sec. 7. To insure a uniform system of records of all marriages hereafter contracted, and the better preservation of said record for future reference, the form of application, license and certificate provided herein shall be substantially as follows, each blank to be numbered consecutively corresponding with page number of the record book in the clerk's office; all such blanks to be provided free of cost by the county for public use. A copy of this act to be posted by the clerk in at least three conspicuous places in each precinct for twelve months after its passage. APPLICATION FOR MARRIAGE LICENSE. TERRITORY OF NEW MEXICO, COUNTY OF.......... To the Probate Clerk: I hereby make application for a license to unite in marriage with. .whose age is on the......day of...... ; that 1.... That I am now a resident of..... we are not related within the degree prohibited by the laws of this territory; that neither of us are bound by marriage to another; that there exists no legal impediment to said marriage. I, the parent (or guardian) of .... hereby consent to the granting of a license to marry, waiving the question of minority. TO ANY PERSON AUTHORIZED BY LAW TO PERFORM THE MARRIAGE CEREMONY: GREETING: of You are hereby authorized to join in marriage. .... and of and of this license you will make due return to my office within the time prescribed by law. Witness my hand and the seal of said court at BONDS OF MATRIMONY in accordance with the laws of the Territory of New Mexico and the authorization of the foregoing Witness my hand and seal the day and year last above written. WITNESSES: Signed........... (Official Title). Groom. Signed... Bride. Recorded this...... day of . . . . . . . ., A. D., 19...., at ... .M. Marriage Record Book No...... Page No ... Probate Clerk and Ex-Officio County Recorder. Sec. 9. Any probate clerk, or person authorized by law to perform the marriage ceremony, who shall neglect or fail to comply with the provisions of this act, and any person who shall wilfully violate the law by deceiving or attempting to deceive or mislead any officer or person authorized to perform the marriage ceremony in order to obtain a marriage license or to be married, contrary to law, shall be deemed guilty of a misdemeanor and upon conviction be fined in any sum not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than sixty days, or by both fine and imprisonment, in the discretion of the court. Sec. 10. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in full force thirty days after its passage. |