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AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND
CERTAIN PROVISIONS OF CHAPTER 45 OF THE SESSION
Further amending Sec. 5, Chap. 60, Laws 1893. Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section 5, of Chapter 60, of the Session Laws of 1893, as amended by the 36th Legislative Assembly of the Territory of New Mexico, March 9, 1905, be and the same is hereby amended to read as follows:
“Section 5. No person whose name is not registered on the books of said board as a regular practitioner of dentistry, within the time prescribed in the next preceding section, shall be permitted to practice dentistry within the Territory of New Mexico until such person shall have been duly exam. ined by said board and regularly licensed in accordance with the provisions of this act, and such person shall present at the time of this examination his diploma from a reputable dental college."
Sec. 2. That all acts or parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after May 1, 1907.
AN ACT ENTITLED AN ACT DEFINING THE DUTIES OF THE
TREASURER OF THE TERRITORY OF NEW MEXICO WITH
Interest coupons to be detached from bonds.
Whereas, Chapter 6, being “An Act providing for addi. tional buildings for the New Mexico Military Institute at Roswell, approved February 20, 1901," Chapter 76, being “An Act providing for additional buildings for the New Mexico Insane Asylum at Las Vegas, approved March 21, 1901," and Chapter 89, being "An Act to provide for the issue of bonds for the New Mexico College of Agriculture and Mechanic Arts, approved March 21, 1901,” of the Acts of the 34th Legislative Assembly of New Mexico, have all been approved and validated by the 59th Congress of the United States; and
Whereas, The bonds authorized to be issued under and in accordance with the provisions of the aforementioned acts of the 34th Legislative Assembly of New Mexico, could not be legally issued without the approval of Congress; and,
Whereas, While waiting for Congressional action thereon the income from the lands pledged as security for the pay. ment of the interest and principal of said bonds has been paid over to the several institutions from time to time in accordance with law, and used by such several institutions in payment of necessary operating expenses for additional buildings, repairs, extensions and improvements; and,
Whereas, No interest has accumulated on account of said bonds, which will need to be met, and it would work a great hardship upon said institutions to be required to allow to be taken out of the proceeds of the sale of said bonds an amount of money equal to the aggregate amount received by each from said lands; and
Whereas, Such course would defeat the objects for which the bonds were authorized to be issued;
Now, therefore, Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That when said bonds are issued as provided by Chapters 6, 76 and 89, of the acts of the 34th Legislative Assembly, respectively, all interest coupons for interest which would have accrued thereon, had same been heretofore issued and sold, up to July 1st, 1907, shall be detached from said bonds, and each thereof, by the Treasurer of the Terri. tory, and by him cancelled and destroyed before any such bond shall be sold and delivered to any purchaser thereof
Sec. 2. That the cancellation of said interest coupons detached from said bonds as provided by Section 1 of this act shall be an offset to any moneys derived from rentals or sales of lands, which have been turned over to said institutions, respectively, since the passage of the several acts mentioned in the preamble to this act, and the several institutions shall receive the full amount of money, in each case, realized from the sale of the several bond issues, provided for in said Chapters 6, 76 and 89, of the acts of the 34th Legislative Assembly,
and approved by Congress, to be used by the several institu tions as directed by said several chapters.
Sec. 3. 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.
C. B. No. 104;
AN ACT RELATIVE TO CIVIL PROCEDURE.
Approved March 21, 1907.
Sec. 1. One or more parties may sue or defend for whole number.
Mexico: Section 1. When the question involved in a cause of action is one of common or general interest to many persons, or where the parties are numerous and it is impracticable to bring them all before the court one or more may sue or defend for the benefit of the whole number of persons so interested in said cause of action.
Sec. 2. Whenever any number of persons, more than ten, hold or claim the title to any tract of land as tenants in common, co-claimants, joint tenants or co-parceners holding and claiming such land by adverse possession or otherwise they may elect or appoint a committee from their number who shall be authorized to commence and maintain an action in the name of such committee for the benefit and to the use of the whole number of such persons against any person or persons claiming an adverse estate or interest therein for the purpose of determining such adverse claim or of establishing their title, or of removing a cloud upon the same.
Sec. 3. The committee so appointed may make and execute all contracts which they deem necessary or requisite for the commencement and prosecution of said action and the same shall be binding upon all the persons who participate in the selection or appointment of said committee
Sec. 4. The appointment of such committee may be by an instrument or instruments in writing, executed by the persons so holding or claiming such title and acknowledged as provided by law for acknowledgment of other interests affecting the title to real estate in this Territory, which ins. trument or instruments or certified copies thereof shall be filed at the time of commencement of such action in the office of the clerk of the district court of the district in which such tract of land is situate and the decree rendered therein shall recite the names of all such persons so participating in the selection of said committee and shall be binding upon all such persons as an adjudication of their interests in the tract of land involved. All persons claiming any interest or estate in such tract of land as tenants in common or otherwise who do not participate in the selection of such committee, and all unknown claimants thereto may be made parties defendant to such action and process may be served upon them as in other civil actions.
Sec. 5. Any two or more persons claiming any estate or interest in lands under a common source of title; whether holding as tenants in common, joint-tenants, co-parceners or in severalty, may unite in an action against any person or persons claiming an adverse estate or interest therein, for · the purpose of determining such adverse claim, or of esta
blishing such common source of title, or of removing a cloud upon the same.
Sec. 6. This act shall take effect and be in force from and after its passage, and all acts and parts of acts in conflict herewith are hereby repealed.
AN ACT PROVIDING FOR THE RE-IMBURSEMENT OF W. E.
MARTIN, CLERK OF THE THIRD JUDICIAL DISTRICT OF THE
Sec. 1. Appropriation for relief of W. E. Martin Auditor authorized.
to be determined.
Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That there be, and hereby is, appropriated out of any funds in the hands of the territorial treasurer except funds for the payment of interest on public debt the sum of three thousand four hundred and eighty dollars ($3,480.00), to re-imburse W. E. Martin, clerk of the third judicial district of New Mexico, for expenditures made by him in the employment of deputy clerks in said district; and the territorial auditor is hereby directed and ordered to draw his warrant on the territorial treasurer in the said sum of three thousand four hundred and eighty dollars ($3,480.00), payable to the said W. E. Martin, clerk of the third judicial district of New Mexico upon presentation of a certified copy of this act.
Sec. 2. That hereafter the judges of the district courts in the several districts of the Territory of New Mexico may in their discretion, when necessary for the public services cause deputy district clerks to be appointed in the several counties of their districts and fix the compensation for such deputies, which shall be governed and regulated by the volume of business done in any such county, and said deputy clerks shall be paid out of the court funds of the county wherein they act upon approval of the court.
Sec. 3. This act shall be in full force and effect from and . after its passage.
AN ACT TO AMEND SECTION 3448 OF THE COMPILED LAWS OF
1897. C. B. No. 76; Approved March 21, 1907.
Sec. 1. Amending Sec. 3448, Complied Laws of 1897.
Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section 3148 is hereby amended as follows: The fees of all witnesses, all taxable costs and the per diem of jurors, interpreters, stenographers engaged in the trial and the fees of bailiffs attending the jury in the prosecution of criminal cases a trial of which is had in the district court of any county, of this Territory on a change of venue from any other county, shall be paid by the county in which the indictment was found, and the clerk of the district court for the county in which such trial is had, shall , upon the order of such district court issue orders upon the treasurer of the county in which such indictment is found for