of the United States from the decision of the said supreme court created by this act. or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom: and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States: and the said supreme and district courts of the said territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws: and writs of error and appeals in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Oregon territory now receive for similar services.

[Amended July 10, 1890, Sup. R. S., p. 771.] [Amended Sup. R. S.. p. 45.]

SEC. 11. And be it further enacted, That there shall be appointed an attorney for said territory, who shall continue in office for four years, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Oregon. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States: he shall perform the duties, be subject to the same regulations and penalties. and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Oregon. and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

[Amended 1st session 54th congress. Salary, no fees.]

SEC. 12. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such. respectively take an oath or affirmation. before the district judge, or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some asso

ciate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices. which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation, shall be taken, certified, and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive an annual salary of eighteen hundred dollars. The said salary shall be paid quarter-yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the territory: there shall also be appropriated annually a sufficient sum to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended. [Amended Sec. 1845, R. S.. Jan. 23, 1873. Amended Sec. 1879, R. S., June 11, 1870.]

SEC. 13. And be it further enacted, That the legislative assembly of the Territory of New Mexico shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct: and at said first session, or, as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible, which place,

however, shall thereafter be subject to be changed by the said governor and legislative assembly.

SEC. 14. And be it further enacted, That a delegate to the house of representatives of the United States, to serve during each congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That such delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon.

SEC. 15. And be it further enacted, That when the lands in said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are hereby reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

SEC. 16. And be it further enacted, That temporarily, and until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts, and also appoint the times and places for holding courts in the several counties or sub-divisions in each of said judicial districts by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

SEC. 17. And be it further enacted, That the constitution and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of New Mexico as elsewhere within the United States.

SEC. 18. And be it further enacted, That the provisions of this act be, and they are hereby suspended, until the boundary between the United States and the State of Texas shall be adjusted, and when such adjustment shall have been effected, the president of the United States shall issue his proclamation, declaring this act to be in full force and operation, and shall proceed

meanors.

For the

assessment and collection of taxes for territorial, county, township, or road purposes.

Summoning and impaneling grand or petit jurors.

Providing for the management of common schools.

Regulating the rate of interest on money. The opening and conducting of any election or designating the place of voting.

The sale or mortgage of real estate belonging to minors or others under disability.

The protection of game or fish.

Chartering or licensing ferries or toll bridges.

Remitting fines, penalties or forfeitures. Creating, increasing, or decreasing fees, percentage, or allowances of public officers during the term for which said officers are elected or appointed.

Changing the law of descent.

Granung to any corporation, association, or individual the right to lay down railroad tracks, or amending existing charters for such purpose.

Granting to any corporation, association,

or individual any special or exclusive privilege, immunity, or franchise whatever.

In all other cases where a general law can be made applicable, no special law shall be enacted in any of the territories of the United States by the territorial legislatures thereof.

SEC. 2. That no territory of the United States now or hereafter to be organized, or any political or municipal corporation or sub-division of any such territory, shall hereafter make any subscription to the capital stock of any incorporated company, or company or association having corporate powers, or in any manner loan its credit to or use it for the benefit of any such company or association, or borrow any money for the use of any such company or association.

SEC. 3. That no law of any territorial legislature shall authorize any debt to be contracted by or on behalf of such territory except in the following cases: To meet a casual deficit in the revenues, to pay the interest upon the territorial debt, to suppress insurrections, or to provide for the public defense, except that in addition to any indebtedness created for such purposes, the legislature may authorize a loan for the erection of penal, charitable or educational institutions for such territory, if the total indebtedness of the territory is not thereby made to exceed one per centum upon the assessed value of the taxable property in such territory as shown by the last general assessment for taxation. And nothing in this act shall be construed to prohibit the refunding of any existing indebtedness of such territory or of any political or municipal corporation, county, or other sub-division therein.

SEC. 4. That no political or municipal corporation, county, or other sub-division in any of the territories of the United States shall ever become indebted in any manner or for any purpose to any amount in the aggregate, including existing indebtedness, exceeding four per centum on the value of the taxable property within such corporation, county, or sub-division, to be ascertained by the last assessment for territorial and county taxes previous to the incurring of such indebtedness: and all bonds or obligations in excess of such amount given by such corporation shall be void: That nothing in this act contained shall be so construed as to affect the validity of any act of any territorial legislature heretofore enacted, or of any obligations existing or contracted thereunder, nor to preclude the issuing of bonds already contracted for in pursuance of express provisions of law: nor to prevent any territorial legislature from legalizing the acts of any county, municipal corporation, or sub-division of any territory as to any bonds heretofore issued or contracted to be issued.

SEC. 5. That section eighteen hundred

and eighty-nine, title twenty-three, of the Revised Statutes of the United States be amended to read as follows:

The legislative assemblies of the several territories shall not grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits, and for conducting the business of insurance, banks of discount and deposit (but not of issue) loan, trust. and guarantee associations, and for the construction or operation of railroads. wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches. libraries, or any other benevolent, charitable, or scientific association."

SEC. 6. That nothing in this act contained shall be construed to abridge the power of congress to annul any law passed by a territorial legislature, or to modify any existing law of congress requiring in any case that the laws of any territory shall be submitted to congress.

SEC. 7. That all acts and parts of acts hereafter passed by any territorial legislature in conflict with the provisions of this act shall be null and void.

Approved, July 30, 1886.

CHAPTER CCLXXIV.

SECTION 1. That hereafter the supreme court of the Territory of New Mexico shall consist of a chief justice and three associate justices, any three of whom shall constitute a quorum.

SEC. 2. That it shall be the duty of the president to appoint one additional associate justice of said supreme court in manner now provided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified.

SEC. 3. That the said territory shall be divided into four judicial districts, and a district court shall be held in each district by one of the justices of the supreme court. at such time and place as may be prescribed by law. Each judge, after assignment. shall reside in the district to which he is assigned.

SEC. 4. That the present chief justice and his associates are hereby vested with power and authority, and they are hereby directed, to divide said territory into four judicial districts, and make such assignments of the judges provided for in the first section of this act as shall in their judgment be meet and proper.

SEC. 5. That the said district court shall have jurisdiction, and the same is hereby vested, to hear, try, and determine all matters and causes that the courts of the other districts of the territory now possess; and for such purposes two terms of said court shall be held annually, at such places with

in said district as may be designated by the chief justice and his associates, or a majority of them; and grand and petit jurors shall be summoned thereon in the manner now required by law.

SEC. 6. That all offenses committed before the passage of this act shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges) as if this act had not passed.

Approved, February 28, 1887.

CHAPTER DCLXV.

SECTION 1. That hereafter the supreme court of the Territory of New Mexico shall consist of a chief justice and four associate justices, any three of whom shall constitute a quorum: Provided. That the judge who presided at the trial of a cause in the court below shall not sit at the hearing of the same case on appeal, or writ of error, in the supreme court of the territory.

SEC. 2. That it shall be the duty of the president to appoint one additional associate justice of said supreme court in manner now provided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified.

SEC. 3. That the said territory shall be divided into five judicial districts, and a district court shall be held in each district by one of the justices of the supreme court, at such time and place as is or may be prescribed by law. Each judge, after assignment, shall reside in the district to which he is assigned.

SEC. 4. That the present chief justice and his associates are hereby vested with power and authority, and they are hereby directed. to divide said territory into five judicial districts; and make such assignments of the judges provided for in the first section of this act as shall in their judgment be meet and proper.

SEC. 5. That the said district court shall have jurisdiction, and the same is hereby vested, to hear, try, and determine all matters and causes that the courts of the other districts of the territory now possess; and for such purposes two terms of said court shall be held annually, at such places within said district as may be designated by the chief justice and his associates, or a majority of them; and grand and petit jurors shall be summoned therein in the manner now required by law.

SEC. 6. That all offenses committed before the passage of this act shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges,) as if this act had not passed.

Approved, July 10, 1890.

CHAPTER LXXIII.

SECTION 1. That the probate judge of Bernalillo county, Territory of New Mex

ico, be, and is hereby, authorized to enter in trust for the occupants and inhabitants of the Town of Gallup, for townsite purposes, the southeast quarter of section sixteen, township fifteen north, of range eighteen west, of New Mexico principal meridian, subject to the provisions of sections twentythree hundred and eighty-seven, twentythree hundred and eighty-eight and twentythree hundred and eighty-nine of chapter eight of the Revised Statutes of the United States relating to townsites.

SEC. 2. That upon the passage of this act the Territory of New Mexico, through its proper officer, shall be, and is hereby authorized to select as indemnity for said land, and in full satisfaction thereof, and for the purposes stated in section nineteen hundred and forty-six of the Revised Statutes, one quarter section of one hundred and sixty acres of public lands at any office in said territory, said selections to be made according to legal sub-divisions and contig

uous.

Approved, January 15, 1891.

CHAPTER CCLII.

Territory of New Mexico: For governor, two thousand six hundred dollars; chief justice and four associate judges, at three thousand dollars each; secretary, one thousand eight hundred dollars; and interpreter and translator in the executive office, five hundred dollars; nineteen thousand, nine hundred dollars.

For contingent expenses of the territory, to be expended by the governor, five hundred dollars.

For legislative expenses, namely: For rent, light, fuel, ice, stationery, record files, record casings, printing, postage, clerks, messenger and porter, and incidentals in secretary's office; compensation of members and officers of the legislative assembly, mileage, printing, stationery, record books, rent, furniture and incidentals for legislative assembly, twenty-six thousand dollars: Provided, That the next session of the legislative assembly of the Territory of New Mexico shall commence on the third Monday in January, eighteen hundred and ninety-seven, and each succeeding session thereof shall commence on the third Monday in January of every oddnumbered year thereafter: Provided further, That no other officer of either house of said legislative assembly shall be elected or appointed, or paid out of any moneys appropriated by the congress of the United States, or by the legislative assembly of said territory than such as may be provided for by the laws of the United States, except a translator and an interpreter.

For repairs of the adobe palace at Santa Fe, New Mexico, two thousand dollars. Approved, May 28, 1896.