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public lands, said commissioner shall cause the land proposed to be purchased, when in his opinion it is deemed advisable to sell the same, to be appraised and a report made in writing, giving the value of said land at the time it was first leased, and an estimate of the present value of said land by reason of the lessee's cultivation and improvement of same, and fifty per cent. of the difference between the valuation at the time of issuing the lease and the valuation at the time of filing the application for purchase, shall be allowed as an improvement to be paid for if the land is purchased by any person other than the lessee,and the said lessee to receive the sum so paid by reason of the cultivation or improvement of said land as payment for his labor.
Sec. 38. If, by any mistake or error, in the administration of this act, any money shall be paid on account of any lease or sale of any of the territorial lands, it shall be the duty of the commissioner of public lands to draw a voucher in favor of the party paying said money for the full amount thereof, and on presentation of such voucher to the territorial auditor he shall draw his warrant upon the territorial treasurer for said amount, and the said treasurer shall pay the same out of the fund into which such money was deposited or placed.
Sec. 39. Whenever any of the school sections or other land of the Territory of New Mexico shall become valuable or desirable for manufacturing, or for townsite purposes, the commissioner of public lands may in his discretion cause or permit the same to be subdivided into suitable tracts or surveyed into lots and blocks with theusual reservation for streets, alleys and public reservations and shall cause appraisements to be made of such subdivisions and of said lots and blocks in any suitable manner and shall prescribe rules and regulations not inconsistent with the provisions of this act and the Act of Congress under any by virtue of which title thereto hath heretofore or may hereafter vest in said Territory for the use and occupancy thereof and may, in his discretion, lease or sell said lots, blocks and subdivisions thereunder upon such terms and conditions as he may deem for the best interest of the Territory; Provided, That in the leasing of said lots, blocks and subdivisions all of the provisions of this act regarding improvements, preferred rights to re-lease and transfer of leases shall apply to the leasing of lots, blocks and other subdivisions so far as the same shall be applicable.
Sec. 40. All of Chapter 74 of the acts of the 33rd Legislative Assembly of New Mexico, approved March 16, 1899, all of Chapter 69 of the acts of the 34th Legislative Assembly of said Territory, approved March 20, 1901, all of Chapters 78 and 81 of the acts of the 35th Legislative Assembly of said Territory, approved March 17, 1903, all of Chapters 90 and 111 of the acts of the 36th Legislative Assemby of said Territory, approved March 16, 1905, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 41. This act shall take effect and be in force from and after thirty days from the date of its passage.
AN ACT TO AMEND SECTION 2 OF CHAPTER 51 OF THE ACTS OF
THE 36TH LEGISLATIVE ASSEMBLY OF NEW MEXICO,
Amending Sec. 2, Chap. 51, Laws of 1903. Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section 2 of Chapter 51 of the acts of the 36th Legislative Assembly of New Mexico, approved March 13th, 1905, be and same is hereby amended as follows: By striking out from the first paragraph of said Section the words "September" and "October" and by inserting in lieu thereof the words "October" and "November," respectively, and by striking from said Section the following: "It shall be unlawful to kill, trap, ensnare, injure or destroy any turtle dove within the Territory of New Mexico, except that such birds may be killed with a gun only, during the period commencing with the 1st day of August and ending the 30th day of September of each year.
It shall be unlawful to kill, trap, ensnare or in any manner injure or destroy any native or crested quail within the Territory of New Mexico, except that such birds may be killed with a gun only, during the months of October, November and December of each year;” and insert in lieu thereof the following: “It shall be unlawful to kill, trap. ensnare, injure or destroy any turtle dove within the Territory of New Mexico, except such birds may be killed with a gun only, during the period commencing the 15th day of July and ending the 1st day of May of each year."
“It shall be unlawful to kill, trap, ensnare, or in any manner kill or destroy any native or crested quail within the Territory of New Mexico, except that such birds may be killed with a gun only, during the months of October, November, December and January of each year: Provided, Upon presentation to the board of county commissioners of any county of a petition signed by twenty-five resident householders of any precinct in such county, praying for the suspension of the restrictions of this Section as to the killing of quail in any such precinct, it shall be the duty of any such board to make and enter in the official records of the proceedings of such board an order extending the time within which quail may be killed in any such precinct for a period of two months from and after the time herein before limited within which quail may be killed. Provided, further, That the territorial game warden may issue permits to any person to take, capture or transport within the Territory, or import into this Territory, any game, birds or fish protected by law when satisfied that such person desires the same exclusively as specimens or for scientific or propagating purposes. Such permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, and shall be signed by him. Such permit shall not be transferable nor shall it be lawful to sell or barter any of the animals, birds or tish taken or imported under such permit for food purposes and the holder of such permit shall be liable to the penalties provided by law if he violates any of its provisions."
Sec 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.
AN ACT RELATIVE TO THE STORING OF DYNAMITE, AND FOR
OTHER PURPOSES. H. S. H. B. No. 111; Approved March 21, 1907.
Sec. 1. Explosives must be marked. Manner. Penalties.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico: Section 1. Any dealer who shall, after October 1st, 1907, knowingly sell or have in his possession any dynamite, nitroglycerine, or other highly explosive materials, or any fuse, or who shall cause the same to be transported from point to point in this Territory, without having plainly marked in large letters, in a conspicuous place on the box or package containing such explosive material, the name and explosive character thereof, and without having plainly marked upon the wrapper of each stick of dynamite, or explosive material, or package of fuse, the date of manufacture thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred ($200.00) dollars nor more than one thousand ($1,000) dollars, or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after July 1st, 1907.
AN ACT CONCERNING CIVIL PROCEDURE AND ENLARGING THE
SCOPE OF THE CODE. H. B. No. 212; Approved March 21, 1907.
SEC. 1.-Amending Sec. 2685, Compiled Laws 1897, as
follows: Article XII.-Attachment. Sub Sections 182-227 In
clusive. Article XIII.-Replevin. Sub-Sections 228-249 In
clusive. Article XIV.- Ejectment. Sub-Sections 250-265 In
clusive. Article xv.-Partition. Sub-Sections 266-272-A In
clusive. Article XVI.- Actions to Quiet Title. Sub-Sections
273-277 Inclusive. Article XVII.-Actions concerning Decedents Real
Estate, Sub-Sections 278-297 Inclu
sive. Article XVIII.-General Provisions, Sub-Sections
SEC. 2. Intentions of this act.
1897. Be it enacted by the Legislative Assembly of the Territory of New
Mexico. Section 1. That Section 2685 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended by adding after Sub-Section 181, of said Section 2685, the following Articles and Sub-Sections:
ARTICLE XII.-ATTACHMENT. Sub-Sec. 182. Creditors may sue their debtors in the district courts, by attachment, in the following cases, to-wit:
I. When the debtor is not a resident of, nor resides in this Territory;
II. When the debtor has concealed himself, or absconded, or absented himself from his usual place of abode in this Territory, so that the ordinary process of law cannot be passed upon him;
III. When the debtor is about to remove his property or effects out of this Territory, or has fraudulently concealed or disposed of his property or effects so as to defraud, hinder or delay his creditors;
IV. When the debtor is about fraudulently to convey or assign, conceal or dispose of his property or effects, so as to hinder, delay or defraud his creditors;
V. When debt was contracted out of this Territory, and the debtor has absconded or secretly removed his property or effects into the Territory, with the intent to hinder, delay or defraud his creditors;
VI. Where the defendant is a corporation whose principal office or place of business is out of this Territory, unless such corporation shall have a designated agent in the Territory, upon whom service of process may be made in suits against the corporation;
VII. Where the defendant fraudulently contracted the debt or incurred the obligation respecting which the suit is brought or obtained credit from the plaintiff by false pretenses.
An attachment may issue on a demand not yet due in any case where an attacnment is authorized, in the same manner as upon demands already due.
Sub-Sec. 183. Wherever an attachment may issue against the property of any person upon any debt or other action founded upon contract, attachment may also issue upon any action founded upon a tort or other action ex-dilectu; this law