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COMPILED LAWS

OF

NEW MEXICO.

IN ACCORDANCE WITH AN ACT OF THE LEGISLATURE,

APPROVED MARCH 16TH, 1897.

INCLUDING THE CONSTITUTION OF THE UNITED STATES, THE TREATY
OF GUADALUPE HIDALGO, THE GADSDEN TREATY, THE ORIGI-
NAL ACT ORGANIZING THE TERRITORY, THE ORGANIC
ACTS AS NOW IN FORCE, THE ORIGINAL KEARNY
CODE, AND A LIST OF LAWS ENACTED SINCE
THE COMPILATION OF 1884, AS WELL

AS THOSE IN THAT WORK.

Prepared for Publication by:

JOHN P, VICTORY,
EDWARD L. BARTLETT,
THOMAS N. WILKERSON,

Commission.
JOSE D. SENA, Secretary.
GEORGE A. JOHNSON, Assistant Secretary.

SANTA FE, NEW MEXICO:
NEW MEXICAN PRINTING COMPANY, PRINTERS AND BINDERS.

1897.

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OFFICE OF THE SOLICITOR GENERAL, )

SANTA FE, NEW MEXICO,

September 1st, 1897. I I, Albert B. Fall, solicitor general of the Territory of New Mexico, do hereby certify that the compilation of the laws of the territory, consisting of 4196 sections, made under the provisions of an act entitled “An act to provide for the compilation, publication and distribution of the laws of the Territory of New Mexico," approved March 16th, 1897, by John P. Victory, Edward L. Bartlett, and Thomas N. Wilkerson, commissioners, as published in the following pages, from section 1 to 4196 inclusive, has been submitted to me and examined by me, and that I find the same is correct, and has been done in conformity with the requirements of said act. By this certificate I do not wish to be understood as agreeing that all of the provisions contained in said compilation are law. For instance, I am of opinion that many of the provisions as to the crime of murder herein compiled are obsolete or repealed by chapter eighty of the laws of 1891. In all such cases, however, I have acquiesced in the compilation, because in my judgment the decision of such questions is more properly a matter for the courts than for the determination of those entrusted by law with the preparation and approval of this compilation.

ALBERT B. FALL,

Solicitor General.

AUTHORITY FOR THE COMPILATION.

AN ACT TO PROVIDE FOR THE COMPILATION, PUBLICATION AND DISTRIBUTION OF THE

LAWS OF THE TERRITORY OF NEW MEXICO. H. B. 94; Approved March 16, 1897. WHEREAS, There has been no legal compilation of the laws of the Territory of New Mex

ico since the year 1884 and the available supply of the Compiled Laws of that year and the session laws of 1887 and 1889 have been entirely destroyed by fire and those of other sessions of the legislature have become practically exhausted in the hands of the territorial secretary and librarian, so that to procure copies of the laws of

such years is attended with great expense and trouble; and WHEREAS, It is the almost universal practice of the justices of the peace in the outlying

precincts to use the present Compiled Laws solely in their trials of cases, owing to the great expense and difficulty in procuring complete sets of the session laws now in force and passed since the last compilation of the general laws, thus often inflicting great wrong and hardship and making a recompilation of the existing general laws

of the Territory of New Mexico an imperative necessity; therefore, Be it enacted by the Thirty-second Legislative Assembly of the Territory of New Mexico:

SECTION 1. That there is hereby appointed a commission of three members, consisting of William T. Thornton, Thomas A. Finical and Albert B. Fall as members thereof, and further appointed Maximiliano Luna, who shall be secretary of the above commission. If necessary, the commission may employ an assistant translator, or type-writer, at not to exceed five dollars per day for days actually employed.

Each member of the commission shall receive a salary of nine hundred dollars, and the secretary at the rate of six dollars per day for days employed, respectively, and the expenses actually necessary for traveling in going and coming to attend, and attendance upon the meeting of such commission at its labors in compiling the laws and the other duties hereinafter imposed.

SEC. 2. The said commission shall not last longer than six months from the 18th day of March, A. D. 1897, and neither the commissioners, secretary, nor assistant translator or typewriter shall receive a sum amounting to more than one-half of their salary until such compilation is completed and they have filed their affidavits with the territorial auditor to that effect.

The duties of the secretary of the commission will be to do the translating and clerical work of the commission and to prepare the matter ready for, and deliver the same to the printer. If the position of secretary should become vacant through death, resignation or otherwise, or he should fail to perform his duties as above specified, the position may be filled by some other person receiving a majority of the votes of the commission.

SEC. 3. The said commission, not later than the first day of April, A. D. 1897, shall organize and hold its regular meetings at such place as the majority of the commissioners shall elect, and proceed forthwith to make a careful and accurate compilation of all the general laws of the Territory of New Mexico which shall be in force on the first day of April, A. D. 1897. In such compilation there shall be so far as practicable, a classification by titles, to be snb-divided into chapter subjects; each chapter, or subdivision of chapter shall be headed by a syllabus of its contents, and shall have brief and comprehensive marginal notes, which shall state the dates of original enactments. The laws so compiled shall be comprehensively and accurately indexed and prefaced with a general table of contents. The expense of said commission for assistant translator or typewriter, copies of the laws, stationery and other necessary incidental expenses shall not exceed one thousand dollars, and shall be paid on verified accounts, approved by the secretary of the territory, and the auditor is hereby directed to draw warrants upon the treasury in payment of such verified accounts, upon the funds hereinafter provided.

SEC. 4. When the commission shall have completed the said compilation as herein required, the same shall be submitted to the solicitor general of the territory, and upon

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