12. Indictments found and presentments made by a grand jury shall be presented by their foreman in their presence, and shall be there filed, and remain as records of such courts.

13. All trials of criminal offences shall be had in the county in which they were committed: Provided, Where an offence shall be committed on the boundary of two counties, or within five hundred yards of such boundary, or where the person committing the offence shall be on one side and the injury be done on the other side of such boundary, a trial may be had in either of such counties: Provided, further, That if any mortal wound should be given, or any poison shall be administered, or any means shall be employed in one county by which any human being shall be killed, who shall die thereof in another county, the trial of such offence may be had in either county: Provided, also, That if any such wound or mortal injury shall have been inflicted in another State on any human being, who shall die thereof in this Territory, a trial of such offence may be had in the county in which the death happened.

14. A warrant may be issued for the arrest of the defendant indicted by the court in which such indictment may have been found, or by the clerk or judge thereof, or by any judge of the superior court, and by no other officer; such warrant may be directed to and executed in any county in this Territory.

15. When the indictment is for a bailable offence, the defendant may be let to bail by the court in which such indictment is pending, or, if such court be not sitting, by the judge thereof, or by the prefect, or any two alcaldes of the county in which the indictment is pending, and by no other officer.

16. Whenever any person shall be let to bail, the officer taking the recognizance shall immediately file the same with the clerk of the court in which such offence is cognizable.

17. All indictments shall be tried at the first term at which defendant appears, unless continued for good cause.

18. The defendant in every indictment for a criminal offence shall be entitled to a peremptory challenge of jurors, as follows: First. If the offence charged be punishable with death, to the number of twelve. Second. If punished by fine and imprisonment, or stripes, to the number of eight. Third. In cases not punishable by death or stripes, to the number of five, and no more.

19. The prosecutor shall have a peremptory challenge of three jurors, and no more.

20. A list of the jurors summoned shall be given to the defendant, in all capital cases, forty-eight hours before the trial, and in all other cases before the jury be sworn, if required.

21. If any person indicted for an offence and committed to prison shall not be brought to trial before the end of the second term of the court which shall be held after the finding of such indictment, he shall be entitled to his discharge, unless the delay happened on his application.

22. All issues of fact in any criminal case shall be tried by a jury, who shall assess the punishment in their verdict, and the court shall render a judgment accordingly, and no trial of any

criminal offence shall be had unless the accused be personally present.

23. In all cases of final judgment rendered upon any indictment, an appeal to the superior court shall be allowed, if applied for during the term at which such judgment is rendered.

24. No such appeal shall stay the execution of such judgment, unless the circuit court shall be of opinion that there is probable cause for such appeal, or so much doubt as to render it expedient to take the judgment of the superior court thereon, and shall make an order expressly directing that such appeal shall operate as a stay of proceedings.

25. If the defendant in the judgment so ordered to be stayed shall be in custody, it shall be the duty of the sheriff to keep the defendant in custody, without executing the sentence which may have been passed, to abide such judgment as may be rendered upon the appeal.

26. In all cases where an appeal is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisoned for life, the court which is authorized to order a stay of proceedings under the preceding provisions, may admit the defendant to bail upon a recognizance, with sufficient securities, to be approved by such court, conditioned that the defendant shall appear in the superior court, at the next term thereof, to receive judgment in the appeal, and abide its decision, render himself in execution, and obey every order and judgment which may be made in the premises.

27. The Territory shall be allowed an appeal in criminal cases only in the cases and under the circumstances mentioned in the next succeeding section.

28. When any indictment is quashed, or adjudged insufficient on demurrer, or judgment is arrested, the circuit court may cause the defendant to be committed or recognized to answer another indictment, or an appeal to the superior court shall be granted, if the prosecuting attorney desire it.

29. If an appeal be granted, the circuit court shall order the defendant to be committed or recognized, and the commitment or recognizance shall be to the same effect as when the defendant is himself the appellant.

30. When an appeal shall be taken which operates as a stay of proceedings, it shall be the duty of the clerk of the circuit court to make out a full transcript of the record in the cause, certify and return the same to the office of the clerk of the superior court, without delay.

31. When the appeal does not operate as a stay of proceedings,. such transcript shall be made out, certified and returned, on the application of the appellant.

32. No assignment or error, or joinder in error upon any appeal in any criminal case, shall be required.

33. When the appeal is taken by the party indicted, if the superior court affirm the judgment of the circuit court, it shall direct the sentence pronounced to be executed, and the same shall be executed

accordingly. If the judgment be reversed the superior court shall direct a new trial, or that the defendant be absolutely discharged, according to the circumstances of the case.

34. When the appeal has been taken by the Territory, if the judgment of the circuit court be affirmed, the party shall be discharged; if reversed, the superior court shall direct the circuit court to enter up judgment upon the verdict rendered, or when no judgment has been rendered, to proceed to trial on the indictment. 35. The circuit court, to which any criminal cause shall be remanded for a new trial, shall proceed thereon in the same manner as if such cause had not been removed to the superior court.

Register of lands.

SEC. 1. An office called the office of the register of lands is established, which shall be kept at the city of Santa Fé.

2. Until otherwise directed by law, the duties of said office shall be discharged by the secretary of the Territory.

3. The register shall procure, for the use of his office, large wellbound books, wherein shall be recorded, in a fair legible hand, all instruments of writing herein required to be recorded.

4. It shall be the duty of the register of lands to record all papers and documents of and concerning lands and tenements situated in this Territory, which were issued by the Spanish or Mexican government, remaining in the archives of the secretary of the Territory, or which were in any of the offices of the department of New Mexico under the Mexican government.

5. Every person claiming land in this Territory by virtue of any Spanish or Mexican grant may deliver to the register of lands a notice, in writing, stating the nature and extent of his claim; and shall, also, at the same time, deliver to the register of lands, for the purpose of being recorded, the grant, order of survey, deed, conveyance, or other written evidence of his claims, and the same shall be recorded by the register, for which the party shall pay him twelve and a half cents per hundred words contained in such written evidence of the claims.

6. When there is no written evidence of claim, the claimant may take evidence in writing before some officer having authority to administer oaths, showing the nature and extent of his claim, how much of the land claimed has been actually cultivated and inhabited by himself, and those under whom he claims, and for what length of time; and also as to any grant, deed, or conveyance relating to said land having existed, or any record thereof ever having been • made, and as to the loss or destruction of the same, and how and when such loss or destruction happened. If any person shall neglect to deliver such evidence and notice of his claim, as presented in this and the preceding section, within five years from the first day of next January, such claim shall be void.

7. The register of lands shall communicate to the governor, or either house of the general a sembly, such information relative to his office as may be called for by them respectively; he shall also

transmit to the Commissioner of the General Land Office, at the city of Washington, once a year, beginning on the first day of January, 1848, a fair abstract of all lands claimed as aforesaid; for which services he shall be paid ten cents per hundred words contained in the said abstract, by the United States.

8. The register of lands shall procure, keep, and use a seal of office, and shall furnish every person desiring it a certified copy of any record or paper in his office, authenticated by such seal; and shall receive for said copy, ten cents for every hundred words contained in it, and one dollar for the certificate and seal, to be paid by the applicant.

9. The register of lands shall faithfully keep all the records, books, papers, and effects committed to his care; and shall not permit any or paper to be taken out of his office, unless the same be called for by the governor, or the general assembly, or the constituted authorities of the United States.

10. Nothing contained in the 5th or 6th article of this law shall be taken to include infants, married women, persons of unsound mind, nor those without the government of the United States, while such disabilities continue.

11. For every wilful neglect of duty or wilful violation of law in his office, the register of lands may be indicted; and, upon conviction, shall be removed from office, and fined not exceeding one thousand dollars.

Records and seals.

SEC. 1. The superior and circuit courts, and the court of the prefect, shall procure and keep a seal, with such emblem and devices as the court shall deem proper.

2. The impression of the seal of any court by stamp shall be a sufficient sealing in all cases where sealing shall be required.

3. When no seal is provided, the clerk may use his private seal for the authentication of any record, process, or proceeding required by law to be authenticated by the seal of his office.

4. All of said courts shall keep just and faithful records of their proceedings in Spanish and English.

5. Every alcalde shall keep a docket, in which he shall enterFirst. The titles of all causes commenced before him.

Second. The time when the first process was issued against the defendant, and the particular nature thereof.

Third. The time when the parties appeared before him.

Fourth. Every adjournment, stating at whose request, and at what time.

Fifth. The time when the trial was had.

Sixth. The verdict of the jury.

Seventh. The judgment rendered by the alcalde, and the time of rendering the same.

Eighth. The time of issuing an execution, and the name of the officer to whom delivered.

Ninth. The fact of an appeal being allowed.

Revenue.

SEC. 1. No person shall, directly or indirectly, sell any spirituous liquors or wines without a license, as a grocery or dram-shop.

2. No person shall deal as a merchant, without a license first obtained according to law.

3. No person shall deal as a pedlar without a license.

4. No person shall keep, or permit to be used and kept, any billiard table, without a license.

5. No person shall carry on the business of distilling liquor from wheat, corn, or any other grain; nor shall, under any pretence, keep such distillery, or suffer or permit any spirituous liquors to be made or distilled from wheat, corn, or any other grain, on his or her account, or suffer or permit any such liquors to be made or distilled from wheat, corn, or any other grain, or any still belonging to him or her, or under his or her control, without a license..

6. A dram-shop keeper is a person permitted by law to sell wine or spirituous liquors in a less quantity than one quart, or to be drunk at the place of sale.

7. A grocer is a person permitted, as aforesaid, to sell goods, wares, and merchandise-all kinds of dry goods excepted; and intoxicating liquors and wines, in a quantity not less than one quart, not to be drunk at the place of sale.

8. A merchant is a person permitted, as aforesaid, to deal in selling goods, wares and merchandise, at any store, stand, or place. occupied for that purpose.

9. A pedlar is a person permitted, as aforesaid, to deal in the selling of goods, wares, and merchandise, other than the growth, produce, or manufacture of this Territory, by going from place to place to sell the same.

10. Upon every license to keep a billiard table there shall be levied a tax, for Territorial purposes, of thirty dollars for each table, for every period of six months.

11. Upon every license to a grocer or dram-shop keeper there shall be levied a tax of not less than ten, nor more than fifty dollars, for every period of six months.

12. Upon every license to a merchant, there shall be levied as follows: where the amount of merchandise received for sale for the last six months preceding the granting of the license does not exceed the sum of one thousand dollars, a tax of fifteen dollars for every period of six months.

13. Where the amount of merchandise received, as aforesaid, exceeds in value one thousand dollars, but is less than three thousand dollars, the sum of twenty dollars for every period of six months.

14. Where the amount of merchandise received for sale, as aforesaid, is as much in value as three thousand dollars, but less than six thousand dollars, the sum of thirty dollars for every period of six months.

15. Where the amount of merchandise received for sale, as aforesaid, shall exceed in value six thousand dollars, a tax of forty dollars for every period of six months.