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CHAPTER 111.

AN ACT TO ENABLE TOWNS OR VILLAGES IN THE TERRITORY OF NEW MEXICO TO CHANGE THE CHARACTER OF THEIR MUNICIPAL GOVERNMENT AND FOR OTHER PURPOSES. H. B. No. 39; Approved March 19, 1903.

CONTENTS.

Sec. 1. Procedure by which towns or villages may incorporate as cities.
Sec. 2.

Establishment of boundary lines.

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

Section 1. Any incorporated town or village in the Territory of New Mexico having a population of two thousand people or more may apply through its board of trustees, to the governor of the territory, to make, issue and publish a proclamation of the fact that such town or village is entitled to and desires to become a city, which said proclamation shall be issued only after a sworn statement, filed with the governor, has been made and executed by the chairman of the board of trustees of such town or village, the assessed valuation of property within the proposed city limits, the corporate name and the boundary lines thereof, and shall be sworn to by the chairman of the board of trustees, and the proclamation of the governor shall contain the facts recited in said statement. Such proclamation shall be conclusive evidence of the facts therein recited, and shall be published in one newspaper of general circulation in the county wherein said town or village is situated, and a certified copy thereof made by the governor shall be posted in a conspicuous place within the limits of said corporation, and an affidavit of such posting shall be made by the party posting such proclamation, and at the end of five days after the posting of such proclamation, the board of trustees of such town or village, shall proceed to organize the same into a city by dividing it. into wards of not less than four, and shall call an election for the election of an alderman from each ward and a mayor from the city at large, and upon the election and qualification of such aldermen and mayor, the term of office of the officers of such town or village shall expire, and thereafter such town or village shall be a city with all the powers, privileges, duties and liabilities of cities in the Territory of New Mexico.

Sec. 2. That the boundaries of such city shall not extend to exceed one mile and a half each way from the center of such city and such center shall be established by the board of trustees prior to the application for proclamation, and

there shall accompany such application to the governor a plat showing the boundaries of such proposed city and the center as established. The boundary lines of such city need not correspond with the boundary lines of the town or village, but the territorial limits of such town or village may be extended or contracted, as such board of trustees may desire, and as they may show in their statement and application to the governor for the proclamation to change such town or village to a city, and after the issue, publication and posting of such proclamation, the boundary lines therein as stated to be the boundary lines of such city shall be the boundary lines thereof, and all the territory included therein shall constitute and be known as the city designated in such proclamation and be governed as such by the officers thereof under the laws applicable thereto.

Sec. 3. This act shall take effect and be in force thirty days from and after its passage.

CHAPTER 112.

AN ACT TO AMEND SECTIONS 1, 2, 5, 9 AND 11 OF CHAPTER 66 OF THE LAWS OF NEW MEXICO OF 1899. H. B. No. 33; Approved March 19, 1903.

CONTENTS.

Sec. 1. Section 1, chapter 66, Laws of 1899, regarding the appointment by the district

Sec. 2.

Sec. 3.

Sec. 4.

Sec. 5.

Sec. 6.

judge of jury commissioners, Amended.

Section 2, chapter 66, Laws of 1899, regarding selection of grand and petit
jurors, Amended.

Section 5, chapter 66, Laws of 1899, regarding opening of envelopes contain-
ing names of jurors, and issuance of venires, Amended.
Section 9, chapter 66, Laws of 1899, regarding appointment of jurors to sup-
ply non-attendance or disqualification, Amended.
Section 11, chapter 66, Laws of 1899, regarding qualifications of grand and
petit jurors, Amended.

Act to take effect July first, 1903. Proviso.

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

Section 1. Section 1 of chapter 66 is hereby amended to read as follows: "It shall be the duty of the judges of the district court in each district in this territory at every regular term that shall be holden in any county in this territory to appoint in open court three persons of honor and respectability, who shall have the qualifications of jurors, to constitute a commission to select the grand and petit jurors to serve at the next regular term of court in said county. Every person appointed as such commissioner shall, before proceeding

to the discharge of his duties, take an oath that he will faithfully and impartially discharge his duties as such commissioner and that he will keep secret the names of all persons selected as grand and petit jurors. Every such commissioner shall be disqualified to select jurors for two successive terms of court."

Sec. 2. Section 2 of said chapter 66 is hereby amended to read as follows: "It shall be the duty of such commissioners, not less than twenty days nor more than thirty days preceding the term of the court for which it shall be their duty to select grand and petit jurors as herein provided, to meet and to retire to some convenient place and there to select seventeen qualified persons to constitute a grand jury and twentyfour qualified persons to constitute a petit jury, for the next succeeding term of court in said county. Every such person shall be disqualified to serve at two successive terms of court. The names of the jurors selected by such commissioners shall be retained in separate lists as follows: The names of the persons so selected for grand jurors shall be put into a written list which shall be certified to and signed by said jury commission and sealed up securely in an envelope and delivered by them to the clerk of the district court for the district in which their selection was made, who shall write across the place of sealing the words "grand jurors," and shall sign his name thereto, and the same procedure shall be had with the list of persons so selected for petit jurors. And the same shall be filed in the office of the clerk of the court for which said juries are selected and be by said clerk safely kept until the same shall be opened as hereinafter provided.'

Sec. 3. Section 5 of said chapter 66 is hereby amended to read as follows: "That the envelopes containing the names of the grand and petit jurors for the territory shall be by said clerk twenty days, and the envelopes containing the names of the grand and petit jurors for the United States shall be by said clerk immediately after they are sealed, before said term of court for which such jurors have been drawn and selected, opened in the presence of the sheriff or deputy sheriff of the county where opened and in the presence of any citizens who may wish to be present, and in case the twentieth day before the first day of the term of court shall fall on Sunday then the next Monday after said Sunday. The envelopes containing the names of the jurors shall be opened and forthwith the clerk shall issue summons in the form of venires to the sheriff of the county for the territorial jurors, and to the United States marshal for the United States jurors, returnable on such day of the term of court for which such jurors have been drawn and selected, as the judge thereof

may direct and all of the names of the grand jurors for such · term shall be included in one list and summons, and all the names of the petit jurors shall be included in another."

Sec. 4. Section 9 of said chapter 66 is hereby amended to read as follows: "Where, by reason of non-attendance or disqualification of jurors, or for any cause whatever the panel of grand or petit juries shall be incomplete, in such case the judge shall appoint one person qualified under this act, who shall act with the judge of the court as a commission to draw and select a list of qualified persons for grand and petit jurors to complete the panels for the term, and the clerk shall forthwith issue summons for the persons so named, directed to the proper officer, which summons shall be served without delay. When the panels are thus filled they shall constitute the regular panels for that term of court. In case the panels or either of them shall thereafter become incomplete from any cause, or in case of talesman or special venire, for such purpose persons shall be selected as provided by the common law, or by special commissioner, at the discretion of the court."

Sec. 5. Section 11 of said chapter 66 is hereby amended to read as follows: "Every male citizen of the United States who is qualified to vote at public elections under the laws of this territory shall be qualified to serve as grand or petit jurors in any of the courts of this territory, excepting however the following class of persons who shall be disqualified to serve as grand or petit jurors in any of the courts of the territory: Such persons as may have been convicted of any infamous crime, all persons who are living in a state of bigamy or polygamy, professional gamblers, that is, such persons as are actually engaged in gambling as a regular occupation and who are not otherwise engaged, habitual drunkards or persons who are addicted to the excessive use of intoxicating liquors as a beverage and attorneys at law. All persons over the age of sixty years shall be excused by the court from serving as jurors, if they so request: Such persons may be excused by the court if in its judgment they are physically disqualified."

Sec. 6. This act shall take effect and be in force from and after the first day of July, 1903: Provided, however, that any jurors called pursuant to said chapter 66 prior to the first day of July, 1903, shall serve for the balance of the term for which they were selected.

CHAPTER 113.

AN ACT ENTITLED "AN ACT AMENDING SECTION 5 OF CHAP-
TER 84 OF THE SESSION LAWS OF 1901, RELATING TO THE
LOCATION AND KEEPING OF BAWDY HOUSES IN CITIES AND

VILLAGES IN THIS TERRITORY." H. B. No. 179; Approved
March 19, 1903.

Sec. 1.

Sec. 2.

CONTENTS.

Section 5, chapter 84, Laws of 1901, regarding duties of officers to prosecute violations. Amended.

Section 2, chapter 9, Laws of 1903, regarding mayors of cities and other officers. Amended.

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

Section 1. Section 5 of chapter 84 of the Session Laws of 1901, be and the same is hereby amended by adding at the end of said section the following, to-wit: "And it is hereby made the duty of the district attorney of the county wherein any of the specified violations are committed to investigate as to any violations of this act and to at once file an information before the judge of the district court of such county or any justice of the peace in such county against any and all persons committing any of the offenses herein specified and to prosecute diligently all persons so offending. And any district attorney failing or neglecting to comply with the provisions of this act shall be summarily removed by the governor who shall appoint his successor."

Sec. 2. That section 2 of an act entitled "An Act in relation to mayors and other officers," being Council Substitute for Council Bill No. 44, approved February 28, 1903, be and the same is hereby amended by adding at the end of said section as follows: "Provided, that the provisions of this section shall not apply or in any way affect the City of Socorro, New Mexico."

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

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