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That no city council or board of trustees in towns shall grant any license for the sale of liquors on any lot where there is not a saloon in operation at the time of application for such license, except upon petition and written consent of che owners of more than one-half of the lots of the half-block in which such lot is situated, or if the place described in such application is not part of a regularly numbered block, then upon petition or written consert of the owners of more than half the property in the square or other sub-division in which the same is situated; but no license shall be granted for the sale of liquors within one block or square of any church, public library or public school, nor in any purely residence district."

Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after the date of its passage.

CHAPTER 60.

H. S.

AN ACT FOR THE IMPROVEMENT OF THE RIO GRANDE.

H. B. No. 74; Approved March 20, 1907.

CONTENTS.

Sec. 1. Various Appropriations for Improvement of Rio Grande in different counties. Sec. 2. Work to be done under supervision of boards of county commissioners and

Territorial Engineer. Sec. 3. Expenses to be paid how. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That the following amounts are hereby set aside and appropriated out of the moneys now in the hands of the territorail treasurer to the credit of the "Improvement of the Rio Grande Permanent Fund" or the "Improvement of the Rio Grande Income Fund” for the permanent improvement of the Rio Grande: In the County of Taos, one thousand dollars ($1,000); in the County of Rio Arriba, one thousand five hundred dollars ($1,500); in the County of Sandoval, two thousand dollars ($2,000); in the County of Bernalillo, four thousand dollars ($4,000); in the County of Valencia, two thousand dollars ($2,000); in the County of Socorro, two thousand dollars ($2,000); in the County of Sierra, two thousand dollars ($2,000); and in the County of Doña Ana, two thousand dollars ($2,000).

Sec. 2. Such work of permanent improvement shall be

done and performed at such places as may be determined upon by the boards of county commissioners of the respective counties. Provided:

Provided: That the work so contemplated to be done, shall in the opinion of the territorial engineer, be for the improvement of the Rio Grande or the increasing of the surface flow therein, under the provisions of the Act of Congress, Approved June 21, 1898, in reference thereto; Provided, further, That the work herein before provided for to be done on said river shall be done under the supervision of the territorial engineer, who shall work in conjunction with the board of county commissioners and the county surveyor of the several counties hereinbefore mentioned.

Sec. 3. The Auditor of the Territory shall from time to time, as may be necessary, issue his warrant on said fund until the respective funds hereinabove appropriated for the several counties, or so much thereof as may be necessary, shall be expended; such warrants shall only issue on requisition of the board of county commissioners of any such county, approved by the territorial engineer. Provided: That no warrant shall at any time be issued for more than one thousand dollars ($1,000), and after the first warrant is issued there shall be attached to succeeding requisitions receipted bills, showing the items of expenditure for the amounts previously drawn.

Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in full force and effect from and after its passage, but shall not be construed as repealing the provisions of Chapter 57 of the laws of 1905.

CHAPTER 61.

AN ACT TO REPEAL SECTIONS 1241, 3439, 3440 AND 3447 OF

THE COMPILED LAWS OF NEW MEXICO OF 1897, AND FOR
OTHER PURPOSES. H. B. No. 70; Approved March 20, 1907.

CONTENTS.

Sec. 1. Repealing Sections 1241, 3439, 3340 and 3447, Compiled Laws of 1897.
Sec. 2. Penalties for instigation or maintenance of indictment of criminal charge

against innocent person. Sec. 3. Costs to be paid by prosecuting witness when court determines that suit is

maliciously instigated. Be it enacted by the Legislative Assembly of the Territory of New

Merrico: Section 1. That Sections 1241, 3439, 3440 and 3447 of the

Compiled Laws of New Mexico of 1897 be, and the same are hereby, repealed.

Sec. 2. If any person shall maliciously procure or attempt to procure an indictment, or otherwise cause or attempt to cause a criminal charge to be preferred or prosecuted against an innocent person, he shall upon conviction thereof be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court trying the case.

Sec. 3. Upon the trial of any criminal case, whenever the court or justice of the peace shall be satisfied that any such case has been instituted maliciously or without probable cause, the court may in its discretion tax the costs therein against the prosecuting witness, in which event such witness shall stand committed until such costs be fully paid.

Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.

CHAPTER 62.

AN ACT ENTITLED AN ACT WITH REFERENCE TO THE BOUNDA

RIES OF THE COUNTY OF QUAY. A. H. B. No. 61; Approved March 20, 1907.

CONTENTS.

Sec. 1. Fixing Boundaries of County of Quay.
Sec. 2. Uncollected taxes, etc., in County of Quay, how to be collected.
Sec. 3. Disposition of School Funds in County of Quay.
Sec. 4. Funds to be divided. By whom.
Sec. 5. County Commissioners to issue and deliver bonds. Provisions. To whom to

be transmitted. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. All that portion of the Territory of New Mexico now included in the County of Union beginning at a point on the westerly boundary line of the State of Texas between townships 17 and 18; thence west on the line between townships 17 and 18 to the intersection between ranges 33 and 34; thence south on the line between ranges 33 and 34 to the northwesterly boundary line of the right-of-way of the Chicago, Rock Island and El Paso Railroad; thence southwesterly along the northwesterly boundary line of said right-of-way of said railroad to the dividing line between townships 13 and 14; thence west on the dividing line between townships 13 and 14 to the eastern boundary line of the Baca Location No. 2, the same being the eastern boundary line of the County of San Miguel according to the United States Official Survey; also all that portion of the Territory of New Mexico now included in the County of San Miguel, lying immediately north and adjoining the County of Quay and south of the Baca Location No. 2 and the Pablo Montoya Grant, is, and the same is here. by, attached to and shall hereafter constitute a part of the County of Quay in this Territory.

Sec. 2. All of the assessed and uncollected taxes and licenses upon property or business situated in the portions of the Counties of Union and San Miguel as provided by Sec. tion 1 of this act, to be attached to the County of Quay, shall be collected by the proper officers of the County of Quay.

Sec. 3. That all school funds in the hands of the treasurer of Union county belonging to any school district lying wholly within that portion of Union county as aforesaid attached to the County of Quay be, within thirty days after this act shall go into effect, paid over by the treasurer of the County of Union to the treasurer of the County of Quay for the benefit of such district.

Sec. 4. That the county school superintendents of the Counties of Quay and Union shall decide upon a proper division of funds in the hands of the treasurer of Union county belonging to any school district which lies partly in each county as constituted by this act, and the treasurer of Union county and San Miguel shall pay over to the treasurer of the County of Quay such sums as may be found due such district or districts by the said county school superintendents.

Sec. 5. The board of county commissioners of said.County of Quay is hereby authorized and directed to issue and de. liver to said County of Union its negotiable bonds in the sum of fifteen thousand dollars ($15,000), bearing date January 2nd, 1908, and bearing interest at the rate of six per cent. per annum payable semi-annually, which said bonds shall be paid twenty years from date. The delivery of said bonds shall be full settlement and adjustment of all indebtedness between said Counties of Union and Quay. The negotiable bonds provided for herein shall be by the clerk of the board of county commissioners of said Quay county transmitted to the clerk of the board of county commissioners of Union county on on before January 15, 1908.

Sec. 6. This act shall take effect and be in force from and after the date of its passage, and all acts and parts of acts in conflict herewith are hereby repealed.

CHAPTER 63.

AN ACT TO AMEND SECTION 1123 OF THE COMPILED LAWS OF

NEW MEXICO OF 1897, RELATIVE TO THE CRIME OF LARCENY BY EMBEZZLEMENT. H. B. No. 24; Approved March, 20, 1907.

CONTENTS

Sec. 1. Amending Section 1123, Laws of 1897.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That Section 1123 of the Compiled Laws of New Mexico of 1897 be, and the same is hereby, amended so as to read as follows: “If any person who shall be entrusted with any property which may be the subject of larceny, shall embezzle or fraudulently convert to his own use, or shall secrete with intent to embezzle or fraudulently convert to his own use any such property, he shall be deemed guilty of larceny.

Sec. 2. This act shall take effect and be in force from and after its passage.

CHAPTER 64.

AN ACT TO PROHIBIT GAMBLING IN THE TERRITORY OF NEW

MEXICO. C. B. No. 48; Approved March 21, 1907.

CONTENTS.

Sec. 1. Unlawful to conduct gambling houses, etc., in Territory.
Sec. 2. Penalties for violation.
Sec. 3. Duties of District Attorney and others.
Sec. 4. Provisions as to disposition of funds.
Sec. 5. Repeal Section.
Sec. 6. When effective.

Be it enacted by the Legislative Assembly of the Territory of New

Mexico. Section 1. It shall hereafter be unlawful to run or operate any banking games of chance such as faro, monte, passfaro, passmonte, twenty-one, roulette, chuck-a-luck. hazard, fan tan, poker, stud poker, red and black, high and low, craps or any other banking game or games of chance played with dice or cards by whatsoever name known, in the Territory of New Mexico.

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