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band is alleged to be non compos mentis service of process shall be had as in other civil actions.

Sec. 32. Wife May Control Community Property With Limitations. Upon the hearing of the petition so filed by the wife the court shall render judgment therein, either dismissing said petition or adjudging the wife thereafter to be the head of said community, with full power of managing, administering and disposing of the community property, either real or personal, with such limitation therein as to the court may appear to be in furtherance of justice.

Sec. 33. Judgements to be Recorded.-All judgments rendered as in the preceding section provided shall be recorded in the office of the probate clerk and ex-officio recorder of the county where any property of the community affected thereby is situated, and such judgment when so recorded. shall be notice of the facts therein set out.

Sec. 34. Repeal Section.-Sections 2051, 2055-A and 2055B of the Compiled Laws of 1897; Sections 1 to 9, inclusive, and Section 30 of Chapter 62 of the Session Laws of 1901, and all other acts and parts of acts in conflict herewith are hereby repealed; but the repeal of said Section 9 is not to be construed as reviving Sections 2030 and 2031 of Compiled Laws of 1897; and this act shall be in full force and effect from and after its passage.

CHAPTER 38.

AN ACT TO REPEAL CHAPTER 6 OF THE SESSION LAWS OF THE 36TH LEGISLATIVE ASSEMBLY, AND FOR OTHER PURPOSES. H. B. No. 188; Approved March 18, 1907.

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Sec. 2.

Sec. 3.

City Council may order erection of walks, etc., upon petition,
Materials to be used to be determined by whom. Contracts by whom.
If no money in treasury, bonds to be issued. When payable.

Limitations as to amount of bonds.

Sec. 4.

Sec. 5. Interest and principal of bonds to be collected by tax.
Sec. 6.

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

Section 1. That an act of the 36th Legislative Assembly of the Territory of New Mexico, entitled "An act empowering cities and towns to build street crossings and to assess the cost thereof against property owners", approved February 10, 1905, be and the same hereby is repealed.

Sec. 2. Whenever there shall be presented to the city council or board of trustees of any incorporated city or town. in this Territory a petition signed by not less than twentyfive owners of real estate and tax payers thereon in any such city or town, asking for the improvement of any park, square or public plaza situate in said city or town, or the construction of sidewalks, curbing or crossings, in and around said park, square or plaza, the mayor and city council or board of town trustees shall, by ordinance, order the construction and improvements asked for by said petition.

Sec. 3. The city council or board of trustees shall determine as to the kind of material to be used in the construction of any sidewalks, curbing or other improvements petitioned for and shall proceed to advertise for bids for the doing of the work and improvements specified in the ordinance and shall enter into a contract for the doing of all such work and the furnishing of all necessary materials, to the lowest responsible bidder.

Sec. 4. In the payment of any such work and improvements provided for in this act, there may be used any funds in the custody of any board of park trustees of any such city or town or any other funds in the city treasury not otherwise appropriated, and in the event there shall be no funds. available for such purposes, either in the hands of the park trustees or unappropriated in the city treasury, the city council or board of trustees are hereby authorized to issue certificates of indebtedness of such city or town, bearing interest at the rate of six per cent. per annum from the date of issue. Such certificate shall only be issued upon estimates of work done under the contracts herein provided for, made and certified to by the city engineer, and shall be signed by the mayor and city clerk respectively for any such city or town. Such certificates shall be assignable and shall be made payable at any time within four years from the date of the issue thereof.

Sec. 5. Whenever any such certificates shall be issued as provided for herein, the city council or board of trustees shall at the time and in the manner provided by law for the levying of other taxes for city purposes, each year in and after which said certificates shall have been issued, levy a sufficient tax to pay all interest accruing upon said certificates during said year, as well as also one-fourth of the principal of any and all such certificates, which said levy shall be made annually until said certificates and the interest accrued thereon shall have been fully paid and discharged, and may be made in addition to the limit of the levies now authorized by law.

Sec. 6. In no event shall any such city council or board of

trustees cause to be issued under the provisions hereof to exceed seven thousand five hundred dollars in such certificates of indebtedness, and whenever that amount of certificates of indebtedness shall have been issued, no more shall be issued under the provisions hereof until the entire amount of certificates theretofore issued shall have been fully liquidated, paid and discharged as provided herein.

Sec. 7. This act shall be in effect and full force from and after its passage.

CHAPTER 39.

AN ACT RELATIVE TO THE MANZANO GRANT, IN THE TERRIH. B. No. 131; Approved March

TORY OF NEW MEXICO.

18, 1907.

CONTENTS.

Sec. 1. Formation of Land Grant "La Merced del Manzano"
Sec. 2. Five commissioners to govern. How elected..

Sec. 3. Appointments for first term

Sec. 4.

Sec. 5.

Sec. 6.

Sec. 7.

Commissioners to organize Treasurer to give bond.
Powers and duties of Commissioners.

Commissioners empowered to levy tax.

Rates of Compensation. Expenses to be paid.

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

Section 1. That certain land grant now situate in the County of Torrance in the Territory of New Mexico is hereby incorporated and formed into a body corporate and politic under the name and title of "La Merced del Manzano;" and as such corporate body and in its name shall have the right and power to sue and be sued.

Sec. 2. For the purpose of managing the said grant there shall be elected five members as commissioners of said grant, who shall be legal voters according to the qualifications provided for voters in the general elections in the Territory of New Mexico, and furthermore they shall be residents of, and interested in said grant, and that they shall not have committed any offense against the laws of the Territory of New Mexico: Which commissioners shall be voted for by the persons who shall have the same qualifications which such commissioners ought have as herein provided; which election for said commissioners shall be held within said grant at the place designated and under the rules established

by the acting commissioners, on the first Tuesday of September A. D. 1907, and every two years thereafter.

Sec. 3. The following persons are hereby appointed as such commissioners to serve from and after the passage of this act until their successors shall have been elected and qualified as herein provided, to-wit: Juan Carrillo, Jose de Jesus Romero, of Punta; and Jose Sanches y Vigil, Santiago Serna and Gavino Baca, of Manzano, County of Torrance.

Sec. 4. The said commissioners after they shall have been duly qualified as such they shall appoint a president, a secretary and a treasurer from among its members. Which secretary shall keep a correct record of the proceedings of said commissioners, and said treasurer shall receive and keep the funds and personal property belonging to said grant, and as such treasurer he shall give a bond in favor of said grant in the sum that may be fixed by said commissioners, not exceeding double the sum that may come into their hands during the term for which he may be elected which bond shall be approved by said commissioners.

Sec. 5. Said commissioners have the right and authority to make, give and execute deeds and titles for lands within said grant in favor of the persons interested in said grant, for the purpose of agriculture: Provided, That no title may be given to any person for more than eighty acres of land.

Sec. 6. Said commissioners are hereby empowered and authorized to tax all the parties interested in said grant, in proportion to the interest that each person may have therein the necessary sums of money for the defense and protection of said grant or the interests thereof.

Sec. 7. Said commissioners shall receive for their services ten per cent. of all the rents collected; which sum shall be divided equally among the five commissioners; and furthermore they shall be paid for other necessary expenses that they may incur in connection with the grant.

Sec. 8. This act shall be in full force and effect from and after its passage.

CHAPTER 40.

AN ACT LIMITING THE SALE, WITHOUT LICENSE, OF NATIVE LIQUORS UPON THE PREMISES WHERE MANUFACTURED, AND TO AMEND SECTION 4137 OF THE COMPILED LAWS OF 1897. H B. No. 110; Approved March 18, 1907.

CONTENTS.

Sec. 1. Amending Section 4137 Compiled Laws of 1897.

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

Section 1. Section 4137 of the Compiled Laws of 1897 is hereby amended to read as follows: "Section 4137. Nothing in this act shall be construed to prevent the manufacture, brewing and distilling and sale without license, by the manufacturer, upon the premises where manufactured, brewed or distilled, in quantities of not less than five (5) gallons of beer, cider or brandy from apples, brandy from peaches, wine or brandy from grapes, currants or other fruits grown in this Territory."

Sec. 2. All acts or 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.

CHAPTER 41.

AN ACT TO AMEND SECTION 48 OF CHAPTER 79 OF THE ACTS OF THE 36TH LEGISLATIVE ASSEMBLY OF NEW MEXICO, APPROVED MARCH 15, 1905, RELATIVE TO REPORTS OF CORPORATIONS. H. S. C. B. No. 49; Approved March 18,

1907.

CONTENTS.

Sec. 1. Amending Sub-Section I of Sec. 48 of Chap. 79 of the Acts of 35th Legislative Assembly.

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

Section 1. That Sub-section 1 of Section 48 of Chapter 79 of the Acts of the 36th Legislative Assembly of New Mexico, approved March 15, 1905, be, and the same is hereby, amended so as to read as follows:

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