with him in connection with each county license, issued by him, and he shall keep a record of all such licenses with the numbers, and of all license fees paid and of the name and residences of each person and assistant acting under each county license issued by him, and all such files and records shall be open for the public inspection.

Sec. 12. All fees paid to the secretary of the territory for license granted under the provisions of this act shall be for the use of the territory, and all fees paid to the treasurer and colector of counties for county licenses, granted under the provisions of this act, shall be one-half for the use of the county in which the license is issued, and the other half for the use of the general school fund of the county in which said license is issued.

Sec. 13. Every person licensed as aforesaid, as an "itinerant vendor" shall post his name, residence and the number of his county license in a conspicuous manner upon his parcels or vehicle, or in a prominent place in his place of business, and when his county license is demanded of him by any county officer, magistrate, sheriff, deputy sheriff, constable or peace officer, he shall forthwith exhibit it, and if he neglects so to do, he shall be subject to the same penalty as if he had no license.

Sec. 14. The territorial license and all county licenses of any person who may be convicted of the violation of any of the provisions of this act, shall from the date of such conviction, be null and void.

Sec. 15. Whoever counterfeits or forges a license, or has a counterfeited or forged license in his possession, with intent to utter or use the same as true, knowing it to be false and counterfeit, shall be punished by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by nprisonment in the county jail for a period of not less than ten days nor more than one year, or by both such fine and imprisonment.

Sec. 16. Every "itinerant vendor" who sells or exposes for sale either at public or private sale, in any county in this territory any manufactured goods, wares, jewelry or merchandise, without having first procured a territorial license, and the license from the county in which he sells or exposes for sale such manufactured goods, jewelry, wares or merchandise, as provided for in this act, or files an application, original or supplementary, either with the secretary of the territory or with the county clerk of any county, which contains any false statement, or being licensed according to the terms of this act fails to comply with all the requirements of this act, and every per

son, both principal or agent, who by circular, handbi'l, newspaper, or in any manner whatsoever, advertises any such unlicensed sale, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than one year, or both by such fine and imprisonment, besides the costs of the prosecution of the case.

Sec. 17. If any person who is liable for the payment of any license fee, under the provisions of this act, shall, after a demand being made upon him by the county clerk of the county in which such license is reported, or by a sheriff, or deputy sheriff of that county, refuses or neglects to pay to the treasurer and collector of said county, the fee provided for in this act, the district attorney of the district in which said liability occurs, may begin and maintain against the delinquent "itinerant vendor" an action at law for the recovery of such license fee, and for the purpose of procuring any judgment which he may recover in such action. The district attorney may have the said goods, wares, jewelry or merchandise of such "itinerant vendor" attached and held in like manner, as is provided for in cases of attachment.

Sec. 18. If any person shall make any false or untrue oath for the purpose of procuring from any judge, or county commissioner, any certificate, as provided for in section of this act, he shall be held guilty of perjury, and on conviction thereof in a court of competent jurisdiction, he shall be punished as is or may be provided by law for the punishment of perjury permitted (committed) in court on the trial of a cause.

Sec. 19. If any licensed "itinerant vendor" or any assistants of any licensed "vendor" shall commit any fraud in the sale of any manufactured goods, jewelry, wares or merchandise, by any false or short weight, or measure, or by deceit or sell any manufactured goods, jewelry, wares or merchandise, as being composed or manufactured in whole or in part of material or ingredients different from which such manufactured goods, jewelry, wares or merchandise are actually composed or manufactured of, he shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail of not less than thirty days nor more than one year, or by both such fine and imprisonment.

Sec. 20. That the secretary of the territory shall be entitled to the sum of two dollars' fee for each and every license certificate issued by him.

Sec. 21. That upon complaint made to any justice of the peace in any of the counties of this territory of any violations of the provisions of this act, the said justice of the peace, shall sit as a committee (committing) magistrate, and if he finds upon examination, that the provisions of this act, have been violated he shall bind the offender or offenders to appear before the district court of the district in which such violation has occurred in a sufficient sum to be fixed by him.

Sec. 22. Upon the failure of any "itinerant vendor" or his agent to give the bond required by such justice of the peace, he shall be remanded to jail until such a time that the required bond be given or be otherwise discharged by due course of law.

Sec. 23. That nothing in this act shall be construed against any license issued to any "itinerant vendor" or peddler prior to the passage of this act, but all such license now in force shall be allowed to continue to the end of the period for which such license is issued.

Sec. 24. That all acts or parts of acts in conflict herewith, are hereby repealed, and this act shall be in force and effect, sixty days after its passage and approval.

CHAPTER 129.

AN ACT TO PRESCRIBE THE MANNER OF DESCRIBING MONEY IN INDICTMENTS. A. C. B No. 36; Approved March 16, 1905

Sec.

CONTENTS.

I. Manner of describing money in indictments.

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

Section I. In every indictment in which it shall be necessary to make an averment as to any money or any note, being or purporting to be made or issued by any bank incorporated by law, or made or issued by virtue of any law of the United States, and intended to circulate as money, it shall be sufficient to describe such money or note simply as money, without specifying any particular coin or note; and such allegation shall be sustained by proof of any amount of coin, or of any such note, although the particular species of coin of which such amount was composed, or the particular nature of such note, shall not be proved.

Sec. 2.

All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.

CHAPTER 130.

AN ACT REPEALING CERTAIN PROVISIONS OF COUNCIL BILL NO. 60, APPROVED MARCH 16, 1901. H. B. No. 201; Approved March 16, 1905.

Sec.

1.

CONTENTS.

Section 2, Chapter 28, Laws of 1901, regarding penalties for those allowing animals to trespass upon private lands and water rights.

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

Section I. That Section 2 of council bill No. 60, approved March 16, 1901, of Chapter 28 of the Session Laws of 1901, is hereby repealed.

Sec. 2. This act shall be in full force and effect from and after its passage.

CHAPTER 131.

AN ACT TO AMEND SECTION 6, OF CHAPTER 81, OF THE ACTS OF THE 34TH LEGISLATIVE ASSEMBLY, ENTITLED "AN ACT TO PROVIDE A METHOD OF PROCEDURE IN THE ADMINISTRATION OF ESTATES OF DECEASED PERSONS, TO DEFINE THE DUTIES OF ADMINISTRATORS AND EXECUTORS, (AND PROVIDING A METHOD OF APPEAL FROM PROBATE COURTS TO DISTRICT COURTS,) AND FOR OTHER PURPOSES, APPROVED MARCH 21, 1901. C. B. No 106; Approved March 16, 1905.

Sec. I.

CONTENTS.

Section 6, Chapter 81, Laws of 1901, regarding the failure of executors or administrators to protect estates, amended. When suit may be instituted by others than executors or administrators.

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

Section 1. That so much of section 6 of said act as reads as follows:

"And in event any executor or administrator shall iail 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 gaardian 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.