the same is triable by jury it shall be the duty of the court, upon motion, to change the venue thereof to such county in said district as in the opinion of the court will afford an opportunity for the most speedy hearing; but in event such action is not triable by jury, then the court shall immediately proceed to try and determine the same, giving such reasonable notice as it may determine, to the parties or their attorneys, at any place in the territory which the court may designate, and witnesses may be compelled by subpoena to attend such place personally, from any part of the territory, and testify, as at present, at such time and place. The institution of any such suit in any other state or territory shall be construed by the court as a waiver upon the part of the party so instituting the same of the right of trial by jury in the case pending in the courts of this territory.

Sec. 4. Whenever it shall be made to appear to the district court of this territory for the county in which petitioner or plaintiff lives, by any petition filed under section 3 hereof, or by a supplemental petition, or by an original complaint filed for that purpose, that petitioner or plaintiff fears or has good reason to fear that any other person is threatening or contemplating instituting suit in some other state or territory to recover damages against petitioner or plaintiff for personal injuries inflicted or death caused in this territory, or that he has already instituted and is then maintaining such a suit, it shall be the duty of the court upon such bond as the court may require being given, to issue its injunction pendente lite restraining such party from instituting or maintaining such suit in any court sitting in any other state or territory, and, at the final hearing, if such facts are found by the court to be true, the court shall make such injunction perpetual; and at the final hearing in all cases instituted under the provisions of section 3 hereof, the party complained of in the petition shall be perpetually enjoined from further instituting or maintaining any suit or action to recover damages by reason of any of the matters or things set up in said petition.

Sec. 5. This act shall not apply to cases in which the person or corporation against whom damages for personal injuries are claimed can not be duly served with process in this territory.

Sec. 6. Nothing herein contained shall be construed as in any way preventing any one in this territory claiming to have a right of action for any such damages, from compromising such claim.

Sec. 7. All acts and parts of acts and laws in conflict with this act are hereby repealed, and this act shall be in effect from and after its passage.

CHAPTER 34.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT WITH REFERENCE TO TAXATION BY MUNICIPAL CORPORATIONS." APPROVED MARCH 11, 1899. H. B.No. 173; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 1, chapter 37, Laws of 1899, regarding municipal corporations constructing water and light plants and taxation. Amended.

Sec. 2. Amendment in section 1 shall apply only to cities having population of six, thousand.

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

Section 1. That section 1 of an act entitled "An Act with reference to taxation by municipal corporations," approved March 11, 1899, being chapter 37 of the acts of the 33rd Legislative Assembly of the Territory of New Mexico, (1899), be and the same is hereby amended so that all that part of said section 1, begining "Provided, however, that said last mentioned tax shall not exceed the sum of four (4) mills for water etc.," be and the same is hereby amended so as to read as follows: "Provided, however, that said last mentioned tax shall not exceed the sum of four (4) mills for water and one and one-half (1.5) mills for gas or electric lights on the dollar for any one year. And provided, also, that all contracts heretofore made by any city or incorporated town with individuals or an incorporated company prior to the passage of this amendment, for the supply of water, gas, electric lights, or an agreed water, gas or electric light rent which may be paid in whole or in part by a special tax as provided for above of not exceeding four (4) mills for water and one and one-half (1.5) mills for gas or electric lights on the dollar for any one year, be and they hereby are ratified, confirmed and validated. Provided, further, that no incorporated city or town shall levy an annual tax in excess of eleven (11) mills, for any purpose whatsoever, excepting for interest on bonded indebtedness." Sec. 2. That this amendment shall apply to cities having a population according to the last census of six thousand, and to no other municipal corporations.

Sec. 3. This act shall be in force and take effect from and after the date of its passage, and all acts or parts of acts in conflict herewith are hereby repealed.

CHAPTER 35.

AN ACT ENTITLED "AN ACT TO AMEND SECTION 16OF CHAPTER 81 OF THE LAWS OF 1901, RELATING TO THE APPOINTMENT OF EXECUTORS AND ADMINISTRATORS." H. B. No.

154; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 16, chapter 81, Laws of 1901, regarding persons not qualified to act as executor or administrator. Amended.

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

Section 1. Section 16 of chapter 81 of the Session Laws of 1901 is hereby amended by striking out after the word "turpitude" the words "or a married woman."

Sec. 2. 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.

CHAPTER 36.

AN ACT TO EXTEND THE PROVISIONS OF AN ACT OF THE 35TH LEGISLATURE ENTITLED "AN ACT IN RELATION TO MAYORS OF CITIES AND TO OTHER OFFICERS," APPROVED FEBRUARY 28, 1903, TO ALL CITIES OF THE TERRITORY, WHETHER INCORPORATED UNDER GENERAL OR SPECIAL LAWS.

B. No. 163; Approved March 12, 1903.

CONTENTS.

H.

Sec. 1. Provisions of chapter 9, Laws of 1903, regarding mayors of cities, extended to all cities of the territory.

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

Section 1. That the provisions of an act of the 35th Legislature entitled "An Act in relation to mayors of cities and to other officers," approved February 28, 1903, be and the sameare hereby applied and extended to all cities in the Territory of New Mexico, whether incorporated under general or special laws.

Sec. 2. That this act shall be in full force and effect from and after its passage.

CHAPTER 37.

AN ACT TO PROVIDE FOR PUBLIC SCHOOL HOUSES FROM THE SURPLUS IN GENERAL SCHOOL FUNDS. A. H. B. No. 87; Approved March 12, 1903.

CONTENTS.

Sec. 1.

Directors may use surplus in general school fund to construct school buildings.

Sec. 2. Surplus fund. Available when. Duties of county superintendents, territorial treasurer and school directors.

Sec. 3.

Provision when surplus not sufficient to complete buildings.
Insurance of school buildings.

Sec. 4.

Sec. 5. Failure of officers to carry out the provisions of this act. Penalty.

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

Section 1. That whenever there shall be a surplus in the general school fund in the county treasury to the credit of any school district in the territory, outside of incorporated towns and cities, to the amount of not less than two hundred dollars ($200.00) after all the expenses of maintaining the schools in said district for teachers' salary, rent, and other expenses connected therewith, the said surplus or any part thereof, may be withdrawn by the directors of said school district and applied by them to the procuring of a suitable site and the erection thereon of proper school buildings or for the repairing of any school building or buildings for the use of such school district, in the manner following.

Sec. 2. That whenever a petition signed by one-half of the legal voters of such school district described in section 1 of this act, as shown by the number of votes cast in said district or precinct at the last general election, shall be presented to the county school superintendent, praying that such surplus money described in section 1 of this act may be turned over to the school directors of such school districts for the purpose of procuring a site and erecting school building or buildings, thereon, then it shall be the duty of said. county school superintendent within ten days after the receipt of the said petition, to forward the same to the county treasurer, who shall file the said petition and safely keep the same among the records and archives of his office, and it shall be the duty of said county treasurer to at once notify the school directors of such school district of the amount of money then on hand, subject to be withdrawn for the purposes named; and thereafter the said treasurer shall honor and pay all warrants drawn by such school directors against such surplus fund for the purchase of site and erection of school

houses thereon, when the same are accompanied by itemized and verified accounts and vouchers until the said surplus is exhausted, and it shall be the duty of the school directors to open proper books of account with the said fund, and enter therein all receipts and disbursements on account of such fund; and it shall be their further duty to take from persons to whom money may be due on this account, itemized and verified bills in duplicate, one of which shall be retained by said board of directors, and the other shall be transmitted with the warrant drawn in payment thereof to the county treasurer of the county in which said district is located. And the said school directors shall in no event and under no pretext contract for or incur obligations on such account beyond the amount of money available in the county treasury for such purposes, nor shall they under any circumstances incur any debt in the erection of such school house, or houses, or improvement or repair thereof except as provided in sections 1542 and 1543 of the Compiled Laws of 1897.

Sec. 3. In case there shall not be sufficient surplus moneys on hand to purchase a site and complete the building or buildings contemplated by the school directors under this act they are hereby authorized to procure the site for school purposes and to commence the erection of such building or buildings as they may deem necessary and proper for the purposes herein named, and shall carry on the construction thereof, so far as the moneys on hand for that purpose will permit, as hereinbefore provided, and in case the term of office of any such school directors or any member thereof shall expire, before the said buildings are completed, it shall be the duty of their successor or successors to proceed with the work in the manner herein provided until such work is completed.

Sec. 4. The board of directors of any school district is empowered to expend, from the funds in the treasury of said school district, any moneys necessary to properly insure any school building or buildings in such school district.

Sec. 5. Any failure of any of the officers mentioned in this act to carry out its provisions in the letter and the spirit of this act, shall subject such officers to removal and to a forfeiture of their official bond for the benefit of such school district so injured thereby, and any school directors so offending, shall be disqualified to become his own successor in office either by election or by appointment for a period of one year from date of such removal.

Sec. 6. All acts or parts of acts in conflict herewith, are hereby repealed, and this act shall take effect and be in force thirty days after its passage.