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Be it enacted, etc.,

Par. 1. Hereafter no extraordinary session of the legislature of any territory wherever the same is now authorized by law, shall be called until the reasons for the same have been presented to the president of the United States, and his approval thereof has been duly given. [June 22, 1874. ] Par. 10. That from and after the adjurnment of the next session of the several territorial legislatures, the council of each of the territories of the United States shall not exceed twelve members and the house of representatives of each shall not exceed twenty-four members, and the members of each branch of the said several legislatures shall receive a compensation of four dollars per day each during the session provided by law, and shall receive such mileage as the law provides.

And the president of the council and the speaker of the house of representatives shall each receive six dollars per day for the same time.

And the several legislatures at their next sessions are directed to divide their respective territories into as many council and representative districts as they desire, which districts shall be as nearly equal as practicable taking into consideration population, except Indians not taxed'':

Provided. The number of council districts shall not exceed twelve, and the representative districts shall not exceed twenty-four in any one of the said territories, and all parts of sections eighteen hundred and forty-seven, eighteen hundred and fortynine, eighteen hundred and fifty-three, and nineteen hundred and twenty-two of the Revised Statutes of the United States in conflict with the provisions herein are repealed. That the subordinate officers of each branch of said territorial legislatures shall consist of one chief clerk, who shall receive a compensation of six dollars per day: one enrolling and engrossing clerk, at five dollars per day: sergeant-at-arms and doorkeeper, at five dollars per day: one messenger and watchman, at four dollars per day each: and one chaplain, at one dollar and fifty cents per day.

Said sums shall be paid only during the sessions of said legislatures; and no greater number of officers or charges per diem shall be paid or allowed by the United States to any territory.

And section eighteen hundred and sixtyone of the Revised Statutes is hereby repealed, and this substituted in lieu thereof:

Provided, That for the performance of all official duties imposed by territorial legislatures, and not provided for in the organic act, the secretaries of the territories respectively shall be allowed such fees as may be fixed by the territorial legislatures. [June 19, 1878.]

Be it enacted, etc.,

That the words "the legislative assem

blies of the several territories shall not grant private charters or special privileges, in section eighteen hundred and eighty-nine of the Revised Statutes of the United States, shall not be construed as prohibiting the legislative assemblies of the several territories of the United States from creating towns, cities, or other municipal corporations, and providing for the government of the same and conferring upon them the corporate powers and privileges, necessary to their local administration, by either general or special acts.

And that all general and special acts of such legislative assemblies heretofore passed creating and providing for the government of towns, cities, or other municipal corporations, and conferring such rights, powers and privileges upon the same, as were necessary to their local administration, be, and the same are hereby, ratified and confirmed and declared to be valid, any law to the contrary notwithstanding, subject, however, to amendment or repeal hereafter by such territorial assemblies.

But nothing herein shall have the effect to create any private right, except that of holding and executing municipal offices, or to divest any such right, or to make valid or invalid any contract or obligation heretofore made by or on behalf of any such town, city or other municipal corporation, or to authorize any such corporation to incur hereafter any debt or obligation other than such as shall be necessary to the administration of its internal affairs. [June 8. 1878.]

Par. 4. That the legislative assemblies of the several territories of the United States may make such provisions for the care and custody of such persons as may be convicted of crime under the laws of such territory as they shall deem proper, and for that purpose may authorize and contract for the care and custody of such convicts in any other territory or state, and provide that such person or persons may be sentenced to confinement accordingly in such other territory or state, and all existing legislative enactments of any of the territories for that purpose are hereby legalized.

Provided, That the expense of keeping such prisoners shall be borne by the respective territories, and no part thereof shall be borne by the United States. [June 16, 1880.]

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exported from the territories of the United States, it shall be liable to seizure by the United States authority wherever found. [April 30, 1878.]

SEC. 3. Last Par. And it shall be the duty of the secretary of each of the territories of the United States to furnish the surveyor general of the territory for the use of the United States a copy duly certified of every act of the legislature of the territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor general within one month from date of its approval.

And hereafter no expense for printing. exceeding three thousand, seven hundred and fifty dollars, including printing laws, journals. bills, and necessary printing of the same nature, shall be incurred for any session of the legislature of any of the tertories. [Aug. 5, 1882.]

That the act of the congress of the United States entitled "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes. approved February twentysixth, eighteen hundred and fifty-three, and section eight hundred and thirty-seven of the Revised Statutes of the United States, is extended to the Territories of New Mexico and Arizona, and shall apply to the fees of all officers in such territories; but the district attorney shall not, by fees and salary together, receive more than three thousand five hundred dollars per year: and all fees or moneys recived by him above said amount shall be paid into the treasury of the United States. [August 7, 1882.]

CHAPTER DCLXXIX.

SECTION 1. That the act of the legislative assembly of the Territory of New Mexico, passed February twenty-fourth, eighteen hundred and eighty-seven, entitled "An act creating the County of San Juan," be, and the same is hereby, ratified and confirmed.

SEC. 2. That nothing in the act approved July thirtieth, eighteen hundred and eighty-six, entitled "An act to prohibit the passage of local or special laws in the territories of the United States, to limit territorial indebtedness, and for other purposes, shall be construed to prohibit the creation by territorial legislatures of new counties and the location of the county seats thereof.

Approved, July 19, 1888.

CHAPTER DCXCIII.

SECTION 1. That the act of the twentyseventh legislative assembly of the Territory of New Mexico, entitled "An act to create a funded indebtedness of the Territory of New Mexico to pay and discharge certain claims for carpets, furniture, gas fixtures, gas, and water, and fuel, and for

shelving the vaults and library room, and for insurance and other incidental and contingent expenses, now accrued and to accrue during the ensuing two years," and approved February fourteenth, anno Domini eighteen hundred and eighty-seven; and the act of the said legislative assembly, entitled "An act to provide for the payment of current expenses of the territory until the tax income shall meet the same, approved February twenty-fourth, anno Domiini eighteen hundred and eighty-seven, be, and they are hereby, approved and declared valid acts of the said legislative assembly of the Territory of New Mexico, and the said territory is and shall be bound by the terms of the said several acts, and shall be held to the payment of the respective sums stipulated to be paid in the bonds, the issuance of which is provided in the said acts respectively, and in the manner and form therein prescribed.

SEC. 2. That it shall be the duty of the territorial auditor to make an estimate of the amount of taxes required to be levied in each county in the territory, in order to raise a sufficient fund to pay all interest, together with a sinking fund for the payment of the principal, of all bonds issued under the provisions of the act to provide for the payment of current expenses of the territory until the tax income will meet the same, hereinbefore recited when the same shall become due and payable.

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Approved, July 23, 1888,

CHAPTER CCCXXVII.

SECTION 1. That all that portion of the Territory of New Mexico embraced in the following described boundaries to wit, beginning at a point on the line running north and south between the State of Texas and the Territory of New Mexico, where such line would be intersected by the township line between townships numbers one and two north of the base line, and running thence west to the southwest corner of San Miguel county along the line between the Counties of Lincoln and San Miguel, said southwest corner being on said line in range number nineteen west of the New Mexico principal meridian, thence north to the southeast corner of Valencia county, a distance of about four miles, thence west on the south line of Valencia county parallel with the line between townships numbered one and two through township number two north to the east line of range number eight east of the New Mexico principal meridian. thence south along said range line between ranges numbered eight and nine east of said principal meridian to the second standard parallel south on the line between townships numbered ten and eleven south of the base line, thence east along said parallel to the line between ranges numbered ten and eleven south of the base line, thence south along said range line to the township line

between townships numbered twelve and thirteen south, thence east along said last named line to the meridian of longitude number twenty-eight degrees thirty minutes west from Washington, thence south along said meridian line to the line of the State of Texas, thence east along said line to the southeast corner of the Territory of New Mexico and thence north along the boundary line between the State of Texas and the Territory of New Mexico to the point of beginning, shall be constituted a separate and district to be known as the Lincoin Land District, and the office of said district shall be located at the town of Roswell in said territory.

SEC. 2. That the president of the United States shall nominate and by and with the advice and consent of the senate, appoint a register and receiver of the public moneys of the United States for said district, who shall reside in the place where said land office is located and shall have the same powers, perform the same duties and receive the same emoluments as are or may be prescribed by laws and regulations in relation to other land officers in the territories of the United States.

Approved, March 1, 1889.

CHAPTER CCXXXVI.

SECTION 1. That all railroad companies operating railroads through the territories of the United States over a right of way obtained under any grant or act of congress giving to said railroad companies the right of way over the public lands of the United States shall be required to establish and maintain passenger stations and freight depots at or within one-fourth of a mile of the boundary limits of all town sites already established in said territories on the line of said railroads by authority of the interior department.

SEC. 2. That said railroad companies are hereby required within three months from the passage of this act to establish at or within one-fourth of a mile of the boundary limits of all town sites provided for in the preceding section, passenger stations, freight depots, and other accommodations necessary for receiving and discharging passengers and freight at such points, and upon failure of said companies to establish such stations and depots within said time said companies shall be liable to a fine of five hundred dollars for each day thereafter until said stations and depots shall be established, which shall be recovered in a suit brought by the United States in the United States courts in any territory through which said railroads may pass. Approved, August 8. 1894.

CHAPTER CLXXIV.

SECTION 1. That the chief justice of the court exercising federal jurisdiction in the territories shall have power to appoint

commissioners in the several judicial districts, to be known when appointed as United States Court Commissioners.

SEC. 2. That said commissioners shall have power, and it shall be their duty on application by proper person, to administer the oaths in preliminary affidavits and final proofs required under the homestead, preemption, timber culture, and desert land laws in their respective districts, in like manner as provided for in reference to United States circuit court commissioners, in the act of May twenty-sixth, eighteen hundred and ninety. Twenty-sixth Statutes at Large, page one hundred and twenty-one.

SEC. 3. That no commissioner shall be appointed who resides within thirty miles or any local land office, nor shall any commissioner be appointed who resides within thirty miles of any other commissioner. SEC. 4. That this act shall take effect from its passage.

Approved, March 2, 1895.

CHAPTER XII.

SECTION 1. That any person who, in any of the territories or the District of Columbia, shall voluntarily engage in a pugilistic encounter between man an man or a fight between a man or a bull or any other animal, for money or for other thing of value or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary not less than one nor more than пve years. SEC. 2.

By the term pugilistic encounter, as used in this bill, is meant any voluntary night by blows by means of fists or otherwise, whetner with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of whicn any inoney or any thing of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly.

Approved, February 7, 1896.

CHAPTER CCXLI.

That no divorce shall be granted in any territory for any cause uniess the party applying for the divorce snall have resided continuously in the territory for one year next preceeding the application: Provided, That this act shall not affect any action duly commenced and pending at the date of the passage thereof.

Approved, May 25, 1896.

CHAPTER CCCXXX.

"SEC. 1889. The legislative assemblies of the several territories shall not grant private charters or special privileges, but they may, by general incoporation acts,

permit persons to associate themselves together as bodies corporate for mining, banking, manufacturing, or other industrial pursuits, or the construction and operation of railroads.wagon roads, canals. or irrigation ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries. or any benevolent, charitable, or scientific association."

Approved, March 3d, 1885.

Act of congress disapproving a part of the legislative act of February 2, 1865, compiled in 1884 as section 1244 Compiled Laws, and enacting an exemption law for the territory, which was compiled as sec tion 1245, Compiled Laws of 1884. In 16 United States Statutes, page 278, chapter 279, approved July 14, 1870.

Act of congress disapproving the act of the legislature of January 1878, incorporating the Society of Jesus. Volume 20, Statute, page 280, chapter 41, approved February 3, 1879.

The following references are to acts of congress affecting all territories:

Limiting aliens in holding real estate: approved March 30th, 1887: forty-ninth congress, second session. page 476.

Marriages to be certified by the celebrant: same session, page 636, chapter 379, section 9: February 19, 1887.

Restriction on legislation with regard to Indians: same session, chapter 119, section 6, page 390: February 8, 1887.

In reference to liquors arriving in territory: first session, fifty-first congress, chapter 728; approved August 8, 1890.

An act establishing a court of private land claims: second session, fifty-first congress, chapter 539; approved March 30, 1891; page 862.

Appeals allowed to circuit court of appeals: same session: chapter 517. section 15: page 830: approved March 30, 1891.

Providing for inspection of coal mines: same session; chapter 564, page 1104; approved March 30, 1891.

In regard to school sections on Indian lands: same session; chapter 543, section 38: approved March 3, 1891, page 1044.

With reference to school lands on Indian reservations: same session: chapter 384; page 796: approved February 28, 1891.

Fees of jurors and witnesses: first session, fifty-second congress: chapter 361: page 347: approved August 3, 1892.

Cutting timber on public lands; second session, fifty-second congress: chapter 103; page 444: approved February 13th, 1894.

Fees of United States attorneys and marshals, substituted by salary: second session, fifty-fourth congress, 1896-7; not yet published.

An act ratifying and confirming, and validating certain territorial and county bonds; not yet published: second session, fiftyfourth congress: January, 1897.

Same session, fifty-fourth congress, January, 1897; an act amending the alien act; not yet published.

BILL OF RIGHTS

AS DECLARED BY

BRIGADIER GENERAL STEPHEN W KEARNY.

September

That the great and essential principles of liberty and free government may be recognized and established it is hereby declared:

First. That all political power is vested in and belongs to the people.

Second. That the people have the right peaceably to assemble for their common good, and to apply to those in power for redress of grievances by petition or remon

strance.

Third. That all men have a natural indefeasible right to worship Almighty God according to the dictates of their own conscience; that no person can ever be hurt, molested, or restrained in his religious professions if he do not disturb others in their religious worship; and that all Christian churches shall be protected and none oppressed, and that no person on account of his religious opinions shall be rendered ineligible to any office of honor, trust or profit.

Fourth. The courts of justice shall be open to every person; just remedy given for every injury to person or property, and that right and justice shall be administered without sale, denial, or delay, and that no private property shall be taken for public use without just compensation.

Fifth. The right of trial by jury shall remain inviolate.

Sixth. In all criminal cases the accused has the right to be heard by himself and counsel, to demand the nature and cause of the accusations, to have compulsory process for witnesses in his favor, to meet the witnesses against him face to face, and to have a speedy trial by a jury of his county. Seventh. The accused cannot be compelled to give evidence against himself, or be deprived of liberty, or property but by a

22, 1846.

verdict of a jury and the laws of the land. Eighth. No person after having once been acquitted by a jury can be tried a second time for the same offense.

Ninth. That all persons shall be bailed by sufficient sureties except in capital offenses where proof of guilt is evident, and the the privilege of a writ of habeas corpus cannot be suspended except the public shall require it in the case of rebellion or invasion.

Tenth. Excessive bail shall not be required, excessive fines imposed, nor cruel and unusual punishment inflicted.

Eleventh. The people shall be secure in their persons, papers, houses and effects from unreasonable searches and seizures, and that no writ shall issue for a search or seizure without a probable cause of guilt is made out under oath.

Twelfth. That free communication of thought and opinions is one of the inviolable rights of freemen, and that every person may freely speak, write, or print on any subject, being responsible for every abuse of that liberty.

Thirteenth. That no vicar, priest, preacher of the gospel, nor teacher of any religious denominations shall ever be compelled to bear arms, or to serve on juries, work on roads, or perform military duty.

Done at the government house, in the City of Santa Fe, in the Territory of New Mexico, by Brigadier General Stephen W. Kearny, by virtue of the authority conferred upon him by the government of the United States, this twenty-second day of September, A. D., 1846.

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