4. An act entitled "An Act relating to trust companies," approved March 12, 1903; but trust companies may be incorporated under this act as well as under said special act: But, Provided, However, That this act shall not be held to divest the corporations incorporated under any of said acts of any rights, privileges or franchises which such corporations now have. And all the provisions of said act as to organization, powers, capital stock, stockholders, liability and suspension shall apply to any company organized under this act and doing business in the Territory of New Mexico.

Sec. 132.-Special Acts Not Repealed.

The acts referred to in the last preceding section shall not be held to be repealed by this act but the provisions of this act and the provisions of said acts shall be construed together as one act, and the general provisions of this act relating to the management, control, reports, amendments, stock liability, levy upon property or corporations, levy and sale of stock, and all other general provisions contained in this act which can be enforced consistently with the provisions of the said special acts hereinbefore referred to shall be held to apply to all such corporations, and such corporations shall have the advantage of any of the provisions of this act: Provided, However, That the powers to be exercised by corporations already incorporated under the special acts under which they may be incorporated or by the articles of incorporation, shall not be held to be extended by this provision.

Sec. 133.-Applies to Railroad, Telegraph and Express Companies, How.

This act shall also not be held to affect in any manner the existing laws relating to railroad, telegraph and express companies, except so far as expressly applicable to such corporations: Provided, However, That any corporation incorporated under or complying with the provisions of this act, for the discharge of any public duty or utility, requiring the condemnation of private property for a public purpose, may exercise such power and privilege by complying with the existing laws relating to the condemnation of private property for railroads purposes, or any laws subsequently enacted regulating such right and procedure thereunder. All public corporations and boards shall have the same right to exercise such power in the same manner as a corporation for a public purpose, when the powers conferred upon them by law render the acquiring and taking of private property necessary and proper.

Sec. 134.-Other Laws Repealed.

The provisions of the general incorporation act, beginning with Section 411 and ending with Section 456 inclusive, of the Compiled Laws of 1897, be and the same are hereby repealed: Provided, That such repeal shall not affect or impair the rights of any corporation heretofore organized or doing business in this territory under the provisions of said act, or any other law of this territory.

Sec. 135.-Publication.

Within 30 days after the filing of the same a certified copy of the certificate of incorporation and all amendments or supplements thereto, and all amended certificates of incorporation, and certificates thereto, and all amended certificates of incorporation, and certificates of stockholders non-liability, shall be published in some newspaper of general circulation in the county where the general place of business of such corporation is designated, and in the case of foreign corporations, in the county wherein resides the agent of such corporation on whom process may be served, and proof of such publication shall be filed with the secretary of the territory within 20 days after the date of the last publication. And upon failure to comply with this provision for a period of 20 days thereafter, such corporation, whether domestic or foreign, shall forfeit the right to do business in this territory and be fined in a sum not less than one hundred dollars for such failure, to be recovered by suit in the name of the territory.

For such publications, and all other publications required under this act, the publisher shall receive not to exceed the fees allowed for publication of notice of pendency of suits, as prescribed by the laws of the territory. Any less rate may be contracted between the parties as they may see fit.

Sec. 136. This act shall take effect and be in force from and after the date of its passage.

CHAPTER 80.

AN ACT AMENDING SECTION 3718, OF THE COMPILED LAWS OF H. B. No. 165; Approved March

NEW MEXICO OF 1897.
15, 1905.

CONTENTS.

Sec. 1. Section 3718, Compiled Laws of 1897, regarding compounding and dispensing prescriptions, amended. Penalty for permitting unregistered pharmacists to compound and dispense prescriptions

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

Section 1.

Section 3718 of the Compiled Laws of 1897 is hereby amended as follows: In the last line of said section strike out the word "five" and insert in lieu thereof the word "twenty-five" and add at the end of said section "and upon a second conviction and proof thereof shall be fined in a sum not less than one hundred dollars nor more than two hundred dollars."

Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed and this act shall be in force and effect from and after the passage.

CHAPTER 81.

AN ACT ENTITLED AN ACT TO AMEND SECTION 1541, OF CHAPTER 1, OF THE COMPILED LAWS OF 1897, RELATING TO SCHOOL HOUSE BOND LEVIES. H. B. No. 12; Approved March 15, 1905.

CONTENTS.

Sec. 1. Section 1541, Chapter 1, Compiled Laws of 1897, regarding the issuance of bonds by school districts, amended. School directors empowered to issue bonds. Maturity. Rate of interest.

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

Section 1. That Section No. 1541 of Chapter 1 of the Compiled Laws of 1897 be amended so as to read as follows, to-wit:

That school directors shall have power and authority to borrow money for the purpose of erecting and completing school house by issuing negotiable bonds of the district, to run any period of not

less than twenty years nor exceeding thirty years, drawing interest at the rate of not to exceed six per centum per annum, with interest payable semi-annually or annually, at such place as the board of directors issuing the same may direct, which said indebtedness shall be binding and obligatory on the school districts for the use of which said loan shall be made; but no district shall permit a greater outstanding indebtedness than an amount equal to four per centum of the assessed value of the property of such district.

Sec. 2. That an emergency exists and that this act shall take effect from and after its passage.

CHAPTER 82.

AN ACT TO AMEND SECTION 1746 OF THE COMPILED LAWS OF 1897 OF THIS TERRITORY, AND TO PROVIDE A MANNER OF MAKING CLAIMS FOR EXEMPTIONS IN JUSTICE'S COURTS. C. B. No. 63; Approved March 15, 1905.

CONTENTS.

Sec. 1. Section 1746. Compiled Laws of 1897, regarding exemptions, amended. Exemptions to apply to all courts. Proviso.

Sec. 2. Justice of the peace to issue notice of claim of exemption.

Sec. 3,

Service of notice Proviso.

Sec. 4. Trial of issue raised by affidavit for exemption.

Sec. 5. Appeal from judgment of exemption

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

Section 1. That Section 1746 of the Compiled Laws of 1897 be and the same is hereby amended so as to read as follows: Section 1746. That the provisions contained in all the sections of the Compiled Laws of 1897, from section 1737 to 1744 inclusive, relative to exemptions shall apply to all the courts of this territory, including justices of the peace: Provided, However, That in courts of justices of the peace, the person entitled to any such exemption, Lis agent or attorney shall make claim for the same by making an affidavit sworn to before any person authorized to administer oaths, and filing the same with the justice of the peace before whom the action is pending, or who issued the writ, or other process by which such exempt property is sought to be levied upon or taken, which affidavit shall set forth the particular property or debt claimed to be exempt, and the grounds of such exemption under

any one or more of said statutes, and may make such claim at any time before sale of the property or before money garnisheed shall have been paid over to the plaintiff in the writ.

Sec. 2. Upon the making and filing of the affidavit provided for in the foregoing section of this act, such justice shall issue a notice signed by him officially to the effect that claim has been made of the property specified in the affidavit, as exempt, and shall in such notice fix a time for hearing such claim not less than one nor more than three days after service of the notice as hereinafter provided.

Sec. 3. The notice provided for in section 2 of this act shall be served upon the plaintiff in the writ or in the action pending, or upon his agent or attorney by any officer authorized to serve process in such justice court, which shall be so served and returned in the same manner as a summons; or such notice may be served by the person claiming such exemption, his agent or attorney: Provided, That if such notice be served by any person other than an officer herein provided for, proof of such service shall be made by the affidavit of the person making the service.

Sec. 4. Upon the return day of the notice provided for in section 3 of this act, the plaintiff in the action or in the writ may controvert the allegations of the affidavit for exemption by denying the truth of the same in its material parts; and thereupon a trial of the issues so made shall be had in the same manner as other causes are tried in justices courts, and judgment shall be rendered by the justice in the same manner as judgments are rendered in such courts, and the justice may when necessary, stay the execution or other process issued until such trial can be had before sale of the property claimed as exempt.

Sec. 5. If the judgment upon the exemption be rendered after the time for an appeal from the judgment upon the main issue in the suit has expired, then either party aggrieved by the judgment of exemption may appeal therefrom to the district court of the county in the same manner that other appeals are taken from justice courts, and for the purposes of such appeals, such judgments of exemption shall be deemed final orders. But if such judgment of exemption be rendered before judgment upon the main issue in the cause, then the judgment upon the exemption shall be deemed interlocutory, and shall be appealable only by appealing from the judgment on the main issue in the cause. By the "judgment upon the main issue in the cause" as used herein is meant the judgment upon the cause of action sued upon in the cause.