separately, and in addition to their actual costs and disbursements each commissioner shall be allowed the sum of six dollars per day for each day actually and necessarily occupied in carrying out the provisions of this section, not to exceed ten days for any institution; which amount, including costs and disbursements, is hereby declared to be a necessary and proper charge against the funds provided herein for the creation and maintenance of each of said institutions, and shall be paid out of any such funds that may come into the hands of the territorial treasurer for that fund, upon a bill therefor sworn to by each of such commissioners and approved by the governor of the territory. Sec. 13. That the boards of trustees first appointed for the several institutions provided for in this act shall be empowered to contract for the erection, and shall erect all buildings necessary for the maintenance of the above named institutions, and shall be empowered to provide for the furnishing of the same and the improving of the grounds thereof: Provided, that the said boards of trustees in contracting for the erection or in erecting any of said buildings for the above named institutions shall advertise for bids for the erection of the same specifying in said advertisements the character of building to be erected in the place where the plans and specifications of said buildings may be found and let all bids for the erection of said buildings to the lowest and best bidder therefor; and provided further, that in furnishing said buildings or improving the grounds thereof said boards shall call for bids and let the same to the lowest and best bidders therefor upon any items the cost of which is more than one hundred dollars. Sec. 14. This act shall be in force from and after its passage. CHAPTER 3. AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO PROVIDE TERRITORY OF NEW MEXICO." C. B. No. 20; Approved CONTENTS. Sec. 1. Chapter 64. Laws of 1901, regarding inspection and testing of coal oil Repealed. Sec. 2 All Acts, regarding inspection and testing of coal oil, Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That chapter 64 of the acts of the 34th Legisla tive Assembly of the Territory of New Mexico, being "An Act to provide for the inspection of coal oil in the Territory of New Mexico," approved March 20th, 1901, be and the same is hereby repealed in all its parts and provisions, except as to its repealing clause. Sec. 2. That all acts and parts of acts other than said act, if any, providing for coal oil, gasoline or crude oil inspection in the Territory of New Mexico, or for the appointment of an oil or gasoline inspector, be and the same are hereby repealed. Sec. 3. This act shall take effect and be in full force from and after thirty days from its passage. CHAPTER 4. AN ACT TO AUTHORIZE THE TREASURER OF GRANT COUNTY TO PAY OVER TO THE TREASURER OF THE COUNTY OF LUNA CERTAIN SCHOOL MONEYS. H. B. No. 30; Ap proved February 18, 1903. CONTENTS. Sec. 1. Payment of certain school moneys authorized. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The treasurer of the County of Grant is hereby authorized and directed to pay over to the treasurer of the County of Luna such sums of money as were standing to the credit of the several school districts of that portion of Grant county now embraced within the boundaries of Luna county, at the date of the creation of said Luna county. Sec. 2. This act shall be in full force and effect from and after its passage. CHAPTER 5 AN ACT RELATING TO EMINENT DOMAIM, SUITS TO PARTITION REAL ESTATE, ACTIONS TO QUIET TITLE, SALE OF REAL ESTATE OF INFANTS AND MARRIED WOMEN AND PERPETUATING TESTIMONY. C. S. for C. B. No. 30; Apbroved February 18, 1903. CONTENTS, Sec. 1. Sub-section 175 of Section 2685, Compiled Laws of 1897, Regarding Code of Civil Procedure, Amended. Sec. 2. Section 2052, Compiled Laws of 1897, Regarding Sale of Infants' Property Sec. 3. Section 2053, Compiled Laws of 1897, Regarding Appointment of Guardian and Decree of Court to Sell Property Amended. Sec. 4. Section 10, Chapter 62, Laws of 1901, Regarding Conveyances of Married Persons, Amended. Sec. 5. Section 3052 Compiled Laws of 1897 Regarding Notice for Taking Depositions to Perpetuate Testimony, Amended. Sec. & Sections 3053, 3054 and 3055, Complied Laws of 1897, Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That sub section 175 of section 2685 of the Compiled Laws of New Mexico of 1897 be amended so as to read as follows: "Sub-Sec. 175. This act shall not apply to or in anywise affect actions in habeas corpus, mandamus, prohibition, quo warranto, replevin, attachment, ejectment, eminent domain, suits for partitioning real estate, actions to determine and quiet the title of real property, proceedings for the sale of real estate of infants, except as to the form of the action and all process in the above mentioned actions, suits and proceedings shall be issued, served and made returnable in the manner and time in accordance with the provisions of section. 2685 of the Compiled Laws of New Mexico of 1897 unless such process is otherwise directed to be issued, served and made returnable by the laws relating to said above mentioned actions, suits and proceedings." Sec. 2. That section 2052 of the Compiled Laws of 1897 be and the same hereby is amended so as to read as follows: "Section 2052. An infant by his general guardian, if he has any, and by his next friend, if he has no general guardian, may present a petition to the district court or the probate court of the county where the real estate to be affected, or any part thereof, is situate, stating the age and residence of the infant, the situation and value of his real and personal estate, the situation, value and income of the real estate proposed to be sold or conveyed and the particular reason which renders a sale or conveyance or sale of the premises necessary or proper and praying that a guardian may be appointed to sell and convey the same or to convey the same alone in case a sale should be necessary." Sec. 3. That section 2053 of the Compiled Laws of 1897 be and the same hereby is amended so as to read as follows: "Section 2053 If, after investigation by the court, it should appear there is proper ground for the application and that the allegations of the petition are true, an order may be entered appointing a guardian for the purpose of the application on executing and filing in the court requisite security approved of as to its form, validity and sufficiency by the judge of the court, signified by his endorsements thereon. And thereupon the court shall decree the property or so much thereof as the court may deem proper to be sold and conveyed by said guardian at private or public sale and in case a sale could not be required the court may decree a conveyance thereof if proper to the party entitled to such conveyance as may be determined on by the said investigation and all such sales and conveyances, when made, shall be reported to the court by the guardian making the same and if found regular shall be approved by the court and thereafter the title of such infant, in such property, shall be vested in the party to whom it may be so conveyed, provided that where a convyance only is required to be made on account of some past consideration which has already been paid or received, or to carry out some agreement which has been made or executed, by which the interest of such infant has been affected, and which in good faith should be carried into effect, no bond shall be required of such guardian." Sec. 4. That section 10 of chapter 62 of the session acts of the Legislative Assembly of 1901 be and the same is hereby amended by strinking out all of said section after the word "validated" in the eighth line of said section. Sec. 5. That section 3052 of the Compiled Laws of 1897 be and the same is hereby amended so as to read as follows: "Section 3052. The party applying for the commission shall give notice by publication to all concerned in a newspaper published nearest to the place where the depositions are to be taken for four consecutive weeks of the time and place of taking the depositions and proof of such publication shall be made by affidavit of the publisher thereof, and where real estate or any interest in any real estate is to be affected thereby, a description of such real estate sufficient to identify the same, a brief statement of the cause of action in which said deposition is to be used, a copy of the first issue of the newspaper containing said publication of said notice, shall be mailed within one week after the issue thereof by the party applying for the commission, his agent or attorney, to the postoffice address, if known, postage paid, of each person who is known to him to claim an interest in the real estate or subject matter of the suit, which claim would be affected by such deposition. The person or persons giving or mailing the notices above provided shall make proof thereof by affidavit and when it shall be made to appear by such affidavit that notice has been given as above provided, the same shall be sufficien evidence that due and timely notice has been given to all persons interested in the real estate or cause of action to be affected by such deposition.” Sec. 6. Sections 3053, 3054 and 3055 of the Compiled Laws of 1897 are hereby repealed. Sec. 7. its passage. This act shall be in force and effect from and after CHAPTER 6. AN ACT ENTITLED AN ACT ESTABLISHING AN ORPHAN CHIL- C. B. CONTENTS Sec. 1. Orphan children's home. Location. Board of regents. Duties. Sec. 2. Buildings May be Used for School Purposes. Sec. 3. Appropriation. Tax levy by auditor. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There is hereby established and located an Orphan Children's Home at Belen, New Mexico, which shall be conducted under the management and control of a board of regents to be composed of three persons who shall be appointed by the governor for a term of two years each, and shall file their oaths of office before entering upon their duties as such regents, in the manner prescribed by law for the qualification of other territorial officers. Sec. 2. Until such time as the legislature may otherwise direct, any buildings which may hereafter be constructed at Belen for such orphan children's home may be used as a public school building provided that no appropriation for maintenance or current expense shall now or hereafter be made or in any way defrayed by the territory during the use of such building for public school purposes. Sec. 3. For the purpose of erecting a suitable building for the purposes mentioned in section 1 of this act, there is hereby appropriated for the 55th fiscal year, twenty-five onehundredths (25-100) of one (1) mill the proceeds of which shall be used for permanent improvements under the direction and management of said board of regents, and the territorial auditor is hereby directed to make a levy in accordance herewith, and the funds derived from such levy shall be payable in the manner now prescribed by law for the payment of funds to other institutions. This act shall be in full force and effect from and Sec. 4. after its passage. |