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of a misdemeanor, and upon conviction may be fined not more than five hundred dollars ($500) for each and every offense.
Sec. 9. Animals that Escape from Custody.-- If any animal, after having been taken up by any person under the provisions of this act, shall escape, or be taken from the possession or custody of such person before the same shall have been disposed of under the provisions of this act, then such person shall have the right to recover the same wherever the same may be found, to be held by him until disposed of as provided for in this act.
Sec. 10. Official Newspaper.-It shall be the duty of the cattle sanitary board, as soon as possible after the passage of this act, to designate a live stock newspaper, of general circulation among the cattle and horse owners of this Territory as the official live stock paper, wherein all estray notice and advertisements of estrays may be legally made. In case of a change being made in the selection of such paper, the paper then publishing these notices shall publish a notice of said change for at least thirty (30) days.
Sec. 11. Rights of Impounding. Nothing in this act shall amend, alter, change or interfere with the rights of any incorporated town or city in this Territory to prevent running at large of any stock within the corporate limits of said city or town, and the impounding of the same as is now provided by law.
Sec. 12. Repeal Section.-Sections 135 to 142 inclusive of the Compiled Laws of New Mexico relating to estrays are hereby repealed and all laws, or parts of laws, in conflict with this act are hereby repealed. This act shall be in force from and after its passage.
AN ACT TO AMEND CHAPTER 81 OF THE ACTS OF THE 34th LE-
TO PROVIDE A METHOD OF PROCEDURE IN THE ADMINISTRA-
Sec. 1. Amending Chap. 81, Acts of 34th Legislative Assembly.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. That the act 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," being Chapter 81 of the acts of the 34th Legislative Assembly, be and the same is hereby amended by adding thereto the following sections, which said sections shall become parts of said act, Section 2 of this act becoming Section 44 of said act and the sections following Section 2 of this act shall become parts of said act in accordance with their number.
Sec. 2. If all the executors or administrators of an estate die or resign, or their letters be revoked, in cases not otherwise provided for, letters of administration of the goods remaining unadministered shall be granted to those to whom administration would have been granted if the original letters had not been obtained, or the person obtaining them had renounced the administration; and the administrator shall perform the like duties and incur the like liabilities as the former executor or administrators.
Sec. 3. If any executor or administrator die, resign, or his letters be revoked, he or his legal representatives shall account for, pay and deliver to his successor, or to the surviving or remaining executor or administrator, all money, real and personal property of every kind, and all rights, credits, deeds, evidences of debt, and such papers of every kind, of
the deceased, at such times and in such manner as the court shall order, on final settlement with such administrator or executor, or his legal representatives, to be made on motion of his successor, or remaining or surviving executor or administrator.
Sec. 4. If the executor or administrator resign, or his letters be revoked, it shall be the duty of his successor, or of the remaining executor or administrator, to move the court to compel the executor or administrator removed, or having resigned, to make final settlement; and on such motion, after due notice to such executor or administrator, the court having jurisdiction shall ascertain the amount of money, the quality and kind of real and personal property, and all the rights, deeds, evidences of debt, and paper of every kind, of the testator or intestate, in the hands of such executor or administrator, or that came into his hands and remain unaccounted for, at the time of his resignation or removal from office, or revocation of his letters; such order and judgment may be rendered by the probate court and upon the failure of the executor or administrator to comply with the same, upon proper application, may be enforced against such executor or administrator, and his sureties, if they had due notice of the proceeding, or against either of them; First, for the amount of money specified in the judgment, by execution in the ordinary form; Second, for all other estate, effects and papers described in the judgement or order, by attachment against the person or property of the executor or adminis trator.
Sec. 5. If any executor or administrator die, the proper court shall have power, upon application of his successor, or the remaining or surviving executor or administrator, to ascertain the amount of money in the hands of such deceased executor or administrator, or that came into his hands and remained unaccounted for in his representative capacity, at the time of his death, and to render judgment against his securities for the amount so ascertained, and to enforce such judgment by execution in the ordinary form.
Sec. 6. If any executor or administrator die, the proper court shall have power, upon the application of his successor or the remaining or surviving executor or administrator, to ascertain what quantity and kind of real and personal property, rights, credits, deeds, evidences of debt and papers of every kind, of the testator or intestate, were in the hands of such deceased executor or administrator at the time of his death, and order the legal representatives of such deceased executor or administrator to deliver the same to his successor, or the remaining or surviving executor or administrator, and
to enforce such order by attachment against the person or property of such legal representative of the deceased executor or administrator.
Sec. 7. No judgment or order shall be rendered against any of the parties mentioned in the three last preceding sections until they shall have been served with, process and noticed to appear before the probate court or of the pendency of such proceeding before the probate court before any order can be made by the said court; and when proceedings are had in the district court, until process has been issued and served upon them as in other civil causes.
Sec. 8. Such notice and process shall be issued and served in the manner prescribed by law for the service of process in civil actions in the district court; and when the notice or proceedings are in the probate court, in the manner prescribed by law for the issuance and service of process in said court.
Sec. 9. The court may proceed against the parties served with process, and dismiss as to those not served, or continue the proceeding until the next term of such court, and issue new notices against those not served, at its discretion.
Sec. 10. The succeeding administrator or remaining executor or administrator, may proceed in the district court against such executor or administrator and his secureties, or upon their bond, or either of them, or against any other person possessed of any part of the estate, as well as property remaining in the hands of the previous administrator or executor in specie and also for the proceeds of any property which may have come into his hands in his representative capacity.
This section shall apply in all cases where the probate court has made an order requiring the prior administrator or executor to account upon final settlement for any part of the estate of the testator or intestate, or the proceeds thereof, which came into his hands as such administrator or executor.
Sec. 11. In all cases where it is necessary to serve process or notice upon any person interested in any proceeding in the probate court and the person upon whom such notice or process is to be served has removed from the Territory, or cannot be found therein, or when the residence of such person is unknown, then such process or notice may be served by compliance with the provisions of Sub-Section 24 of Section 2685, Compiled Laws of 1897, being a part of the Code of Civil Procedure.
Sec. 12. The provisions of this act shall apply to all estates and to all proceedings in the estates of decedents
now pending in the probate courts of the Territory, as well as all that may be hereafter pending.
All laws and parts of laws in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.
AN ACT TO ENABLE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF COLFAX TO DISPOSE OF CERTAIN
H. B. No. 226; Approved March 21,
Sec. 1. Board of County Commissioners of County of Colfax, authorized to convey certain lands, etc.
Sec. 2. Conditions governing above conveyance.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. The board of county commissioners of the County of Colfax are hereby authorized and empowered to convey to the Order of the Sisters of Loretto or some similar Order the lots constituting the old court house ground at Springer, New Mexico, together with the buildings thereon, for the purpose of securing the establishment of an educational institution in said buildings to be conducted and maintained by such Order.
Sec. 2. The conveyance mentioned in Section 1 hereof shall be made upon condition that said buildings and grounds shall be used for the purposes herein indicated within two years from the date of the conveyance to said Order, as herein provided; and in the event such grounds and buildings thereon shall cease to be used for such educational purposes as herein provided. Then and in such event the title to said lots and buildings shall revert to the County of Colfax.
Sec. 3. This act shall take effect and be in force from and after its passage.