Issue bonds.

in the general market, shall furnish, at the mine, all the coal necessary for fuel to such public institutions as are supplied by the territory.

SEC. 4. To carry into effect the preceding sections of this act, an issue of the bonds of the territory is hereby authorized, to an amount not exceeding twenty five thousand dollars ($25,000.00) payable twenty years after date, and bearing interest at the rate of five (5) per centum, per annum, interest payable annually, at the office of the treasurer of the territory.

The manner of the issue and sale of the bonds, and provision for payment of the interest, and final redemption of the bonds, shall be similar to that for the penitentiary bonds provided for in sections 2549, 2550, 2551 and 2552 of the compiled laws.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved February 23, 1887.

CHAPTER LVII.

POLICE.

Appointment.

AN ACT creating a police force in the county seats of each county, and for the protection of citizens and their property in the territory of New Mexico.

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

SECTION 1. That the sheriffs of the different counties in this territory, respectively, are hereby authorized and empowered to appoint and not to exceed one proper person as a peace officer for every one thousand inhabitants residing in each county seat of their respective counties, and not more than five persons, where the population of said county seat exceeds five thousand inhabitants. Such person or persons so appointed must be resident citizens of such county, and shall be commissioned as deputy sheriffs, and they shall serve as police in the county seat of their

respective counties, and in the county in general. It shall be their duty to keep good order in the county seat of their county.

Coroner chief of

SEC. 2. That the chief of said police shall be the county police. coroner of each county; that said police when once appointed and qualified, as hereinafter provided, it shall be their duty to go around the town or city, wherein the said county seat is established, by day and night, to visit all public houses within said county seat, and specially dances; they shall take care that good order is kept; it shall be their duty to watch that the laws in regard to the carrying of deadly weapons are not violated, as also all other laws of the territory.

SEC. 3. Whenever any police officer may observe or Duty of officers. be informed that any of the laws of the territory have been violated by any person or persons, it shall be his duty to arrest the offender and place him in the county jail, or under bonds, until an investigation is had of the offense, or he shall inform of the fact to some justice of the peace of the precinct within said county seat, whose duty it is hereby made to investigate the case, and if he finds the defendant guilty, and it is not within his jurisdiction to assess the punishment, he shall require him to enter into a sufficient bond to answer unto the charge at the following term of the district court, as now provided for by law in such cases; and further, he shall have to pay the costs caused in the investigation of the case, provided that in all cases where conviction is had, and the prisoner has served his time in jail, and has not the means to pay the costs or fines, the costs shall be paid by the county.

streets clean,

SEC. 4. It is hereby made the duty of the said police shall keep to watch and see that the plaza and streets within the said county seats are kept clean, and no person shall be allowed to deposit or throw any filth or excrement in the same. Any person convicted before any justice of the peace of a violation of this section shall be fined in any sum not less than one nor more than ten dollars: Provided, further, that no drunken or crazy person shall be allowed to run loose around the streets. It shall be the duty of the said police upon meeting such to take and place them in jail. If the person so arrested be insane, he shall inform the county commissioners of the fact, who shall provide in the most proper manner as to what shall be done with such person, but if the person so arrested be drunk, upon conviction before a justice of the peace, he shall be fined not less than two nor more than ten dollars. It shall also be the duty of said police not to allow any minors to frequent

Failure to obey officer.

Pay of police.

Shall give bond.

Sheriff shall provide badges.

any dances or public houses. They shall also watch that said minors do not go around the plaza or streets as vagrants, and upon meeting any who by their way of acting act in a suspicious manner, it shall be the duty of said police officer to inform himself if he is engages in any occupation directed from the house of his parent, or guardian, and if the result be that said minor or minors are going around without being engaged in some honest occupation, it shall be the duty of said police to arrest said minor or minors, and upon informing the justice of the peace of the precinct of the fact who shall investigate, and if it be the fault of said minor or minors he shall require the father or guardian to in the future be more careful, but if the said father or guardians neglect for the second time the justice of the peace shall inform the fact to the probate judge so that he may appoint some suitable person to take the charge and custody of said minor or minors until it is otherwise provided. The costs on investigations of this nature shall be paid by the father or guardian of said minors.

SEC. 5. Any person who upon being required by some police officer to keep the peace, shall not obey such mandate, shall be considered by said police officer as a transgressor of law, and it shall be the duty of such police officer to place him in jail, and inform the justice of the peace of the fact, whose duty it is hereby made to investigate the case, and if upon investigation it appears that said person did disobey the mandate of said policeman, in such case, the offender shall be guilty of the crime of resisting an officer of the law while in the performance of his duty, and such offender or offenders shall be subject to a fine of not less than five nor more than twenty-five dollars.

SEC. 6. The coroners, as chiefs of police, shall receive as compensation the sum of thirty-five dollars per month and the other police officers shall receive the sum of thirty dollars per month. The said chief and police to be paid out of the funds of their respective counties; Provided, that in the counties where there is no coroner, the sheriff is hereby authorized to appoint.

SEC. 7. Said coroner and members of said police forces before entering upon the performance of their duties shall each give a bond to the territory of New Mexico, in the sum of five hundred dollars for the faithful performance of their duties, and they shall take the oath of office. The said bond to be approved by the sheriff.

SEC. 8. The sheriff shall provide the said police force with sufficient arms and a stick of sufficient thickness, at

the expense of the county, also a star which the said police shall wear upon the breast, as a badge, and all other persons are prohibited from wearing one unless they be police officers, subject to a fine of not less than ten nor more than twenty-five dollars.

corporated cities.

SEC. 9. That this act or any of its parts shall not in Not apply to inany manner apply or be designated to apply to counties the county seats whereof are now or may hereafter become incorporated cities under any general or special laws of this territory.

SEC. 10. That all general or special laws creating police forces in any of the county seats of any of the counties are hereby repealed, and all laws general or special in conflict or inconsistent with this act are hereby repealed, and this act shall be in force and effect from and after its passage.

Approved February 11, 1887.

CHAPTER LVIII.

PRACTICE-CIVIL.

AN ACT to provide for the service of process upon railroad companies.

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

SECTION 1. Whenever in any suit or proceeding in any court of the territory, either in law or equity, it becomes necessary to serve any process, notice or writing upon any railroad company, foreign or domestic, operating its road in this territory, it shall be sufficient to serve the same upon any station agent at any station or depot along the line within any county in this territory, and when there are no such stations or agents in the county, then it may be served upon any conductor of a passenger or freight train of cars of such company.

SEC. 2. All laws in conflict with this act are hereby repealed.

What considered service.

SEC. 3. This act shall take effect and be in force from

and after its passage.

Approved February 24, 1887.

CHAPTER LIX.

PRACTICE-CIVIL.

AN ACT regulating the judgment on pleas in abatement.

May set up further matter in defense.

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

SECTION 1. Hereafter, whenever any judgment may be rendered in any of the courts of this territory on any plea in abatement, and such judgment shall be against the said plea or the matters therein pleaded, or such plea shall be amended or not sustained, the judgment of the court shall give the party interposing such plea in abatement leave to plead over and set up any further matter of defense which might have been pleaded or set up if such plea in abatement had not been interposed.

SEC. 2. This act shall be in force and effect from and after its passage, and all laws and parts of laws in conflict with this act are hereby repealed.

Filed by the governor, February 24, 1887.