the control and custody of such adopted child, and place the child under the control and care of some suitable and proper person at the cost, charge and expense of the person or persons, association or corporation, who has adopted such child under the provisions of this chapter.

C. 32. L. 93. § 11; Feb. 2.

Name of child.

Id. § 12.

§ 1507. A child, when adopted, shall take the family name of the person adopting. In case of the adoption by an association or corporation, the child adopted shall take such name as the association or corporation shall designate at the hearing at the time of its adoption, which name shall be entered of record in the proceedings of the probate court. § 1508. The parents and relatives of an adopted child are, duties ceases. from the time of its adoption, relieved of all parental duties toward and all responsibility for the child so adopted, and shall have no right to or control over it.

Parents; parental

Id. § 13.

Property held separately after mar

$1509. All property, real, personal and mixed, and choses in action, owned by any married women, or owned or held by riage. any woman at the time of her marriage, shall continue to be her separate property, notwithstanding such marriage, and any married woman may, during coverture, receive, take, hold, use and enjoy property of any and every description, and all avails of her industry, free from any liability of her husband on account of his debts, as fully as if she were unmarried.

§ 1510. A married woman shall be bound by her contracts and responsible for torts committed by her, and her property shall be liable for her debts and torts, to the same extent as if she were unmarried. Any married woman shall be capable of making any contract with the consent of her husband, either by parol or under seal, which she might make if unmarried, and shall be bound thereby: except that no conveyance or contract for the sale of real estate or of any interest therein by a married woman, or any mortgages on lands or leases shall be valid, unless her husband shall join with her in such conveyances, save as provided in section one thousand five hundred and thirteen: Provided, That if her husband is an insane person, she may make such conveyance, mortgage, lease or contract, by joining therein with the guardian of such insane person; and no right to an estate by the courtesy shall attach as against a mortgage given by a married woman to secure the purchase money of the land so mortgaged.

Edgar vs. Baca, vol. 1, page 613. N. M. Rep.
Construed 45th Pac.. page 1130.

L. 1884, chap. 14. § 1: April 2.

Contracts, torts or debts; liability for.

Contracts valid in certain cases: when.

Proviso.

Id. § 2.

C. 14. L. 84, § 3: April 2.

§ 1511. No married woman shall be liable for any debts of her husband, nor shall any married man be liable for any debts Liabilities of hus or contracts of his wife, entered into either before or during

band and wife.

Contracts between husband and wife.

coverture, except for necessaries furnished to the wife after marriage, where he would be liable at common law, but each shall be liable for necessaries furnished to the husband or family of the husband and wife. In relation to all subjects, either the husband or wife may be constituted the agent or attorney in fact of the other, or contract each with the other as fully as if the relation of husband and wife did not exist. Rights of creditors. But in all cases where the rights of creditors or purchasers in good faith come in question, the husband shall be held to have notice of the contracts and debts of his wife, and the wife shall be held to have notice of the contracts and debts of her husband, as fully as if a party thereto.

Separate action: when.

$ 1512. Whenever a married man shall be deserted by his wife, or a married woman shall be deserted by her husband, for the space of one year, or whenever he or she would, for any cause, be entitled to a divorce from such husband or wife under the laws of this territory, he or she may bring an action in the district court of the proper county, asking for a decree which shall debar him or her, so deserting or furnishing grounds for a divorce, from any right or estate by the courtesy or in dower, or otherwise, as the case may be, in or to his or her lands, and which will give such husband or wife full authority to alien, sell, and convey, and dispose of his or her lands, without the interference of or signature of the husband or wife so deserting, or being guilty of acts which would entitle the person bringing such action to a divorce; and the Decree, court may court may grant such decree whenever it shall appear just or expedient, and thereupon the husband or wife shall have full control of his or her real estate, with power to convey the same without the husband or wife joining in the conveyance, and as may limit fully as if he or she were unmarried; or the court may by such decree make such limitations on the power to convey such real estate as may seem meet and proper in the premises. A certified copy of such decree may be recorded in the deed records in the office of the register of deeds of any county wherever such lands, or any part thereof, may be situated, and such record shall be notice to all parties of such decree.

grant: when.

Estate: separate control of.

Court decree.

Id. § 4.

Ante-nuptial contracts not affected.

Id. § 5.

Chavez vs McKnight. Vol. 1. page 147, N. M. Rep.

§ 1513. Nothing in this act shall be construed to affect ante-nuptial contracts or settlements, nor to exempt a husband from liabilities for torts committed by his wife.

Territorial board of education; meetings.

C. 25, L. 91, § 1; Feb. 12.

Governor to be

president.

Id. § 2.

Superintendent of

office created.

§ 1514. That the governor, superintendent of public instruction and the president of St. Michael's College of Santa Fe, the president of the University at Albuquerque, and the president of the Agricultural College at Las Cruces, shall be and constitute the Territorial Board of Education, and shall meet semi-annually at the office of said superintendent on the first Mondays of June and December of each year: Provided, That the governor may assemble the members of said board at any time at his discretion.

1515. That the governor shall be president of said board, and shall sign the journal of each day's proceedings. § 1516. The office of Superintendent of Public Instruction public instruction: is hereby created, and the governor shall appoint, by and with the advice and consent of the council, a duly qualified person to fill said office, who shall hold his office for two years and until his successor is appointed and qualified. The superintendent of public instruction shall receive for his salary, the sum of two thousand dollars per annum, payable quarterly on the warrant of the auditor on the territorial treasurer, and also traveling expenses not to exceed five hundred dollars per annum; the said superintendent of public instruction shall be secretary of said board, and shall keep a faithful and correct record of its proceedings, and shall keep the said record open at all times for inspection; a copy of said record, certified by the secretary of the board, shall be in all cases received as evidence equal with the original.

Id. § 3.

Board of education to apportion funds.

Id. § 4.

Official oath.

Id. § 5.

§ 1517. That the board of education shall at the semiannual meetings, apportion the territorial school fund to the various counties in proportion to the number of school children residing therein, over five and under twenty-one years of age, and shall certify such apportionment to the territorial treasurer; they shall also certify to the treasurer and school superintendents of each county the amount apportioned to their county, and the territorial auditor shall draw his order on the territorial treasurer in favor of the county treasurer of each county for the amount apportioned to each county.

§ 1518. That the superintendent of public instruction shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, to support the constitution of the United States and the laws of the Territory of New Mexico, and faithfully to discharge the duties of the office, which oath or affirmation shall be filed in the office of the secretary of the territory.

§ 1519. That it shall be his duty to visit each county at least once a year and as much oftener as consistent with the discharge of his other duties, for the purpose of holding a teachers' institute and of awakening an interest in the cause of education throughout the territory; such institute shall be held for at least two days in each county each year. He shall file and carefully preserve in his office the official reports made to him by the county superintendents of the several counties, trustees or directors of academies or colleges.

§ 1520. That it shall be his duty to recommend the most approved text books in English, or in English and Spanish, for the common schools of the territory, after the same have been adopted by the territorial board of education; and such text books, when adopted, shall not be changed for a period of four years.

§ 1521. That he shall prescribe and cause to be prepared in English and Spanish, all forms and blanks necessary in the details of the common school system, so as to secure its uniform operation throughout the territory, and to cause the same to be forwarded to the several county superintendents, to be by them distributed to the several persons entitled to receive the same. He shall cause to be published, as needed, as many copies of the school laws in force, with such forms, regulations and instructions as he may judge expedient, thereto annexed, and shall cause the same to be forwarded to the county superintendents for distribution.

§ 1522. That he shall prepare in each year a report for publication, bearing date of the last day of December, containing a statement of the number of common schools in the territory, the number, age and sex of pupils attending the same, and the branches taught, and value of school property; also of the number of private and select schools in the territory, so far as the same can be ascertained, and the number, age and sex of pupils attending the same, the branches taught, the number of academies and colleges in the territory, and the number, age and sex of students attending them, and such other matters of interest as he may deem expedient, drawn from the reports of the county superintendents, trustees and school boards, of the several counties in the territory.

1523. That he shall have an office at the seat of government, where shall be kept all books and papers appertaining to the business of his office, and copies of all papers filed in his office. His official acts may be certified by him, and when so certified, shall be entitled as evidence equally and in like manner as the original papers, and he shall deliver to his successor, within ten days after the expiration of his term, all books, papers, documents and other property belonging to his office.

C. 25, L. 91, § 6: Feb. 12.

Visit counties.

Select text books.

Id. § 7.

Prepare blanks.

Id. § 8.

Prepare and publish annual report.

Id. § 9.

Where office to be

had.

Id. § 10.

Superintendents of schools, for coun

§ 1524. That a superintendent of schools for each county shall be elected at each general election and hold his office for ties. two years, or until his successor is elected and qualified. He shall receive from the county treasurer the sum of five dollars for every day actually and necessarily employed in his duties, not to exceed five days in each district each year, to