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of the provisions of this act, in, upon or about their premises, to immediately and at once direct the attention of such violator to the provisions of this act, and upon a failure of such keeper of a hotel, boarding house, bar room, drinking saloon, or place where liquor is sold, or dance hall, or the person in charge thereof, to so do, he or they shall be liable to pay a fine of not less than $5, nor more than $50.
SEC. 12. It shall be the duty of the judges of the several district courts of this territory, at the charging of the grand jury of the several counties, to direct the attention of the said grand juries to the provisions of this act, and require that they make diligent inquiry as to any violation of the same.
Sec. 13. The boards of county commissioners of the several counties of this territory are hereby directed and required to have printed in both English and Spanish a suffcient number of copies of this act for the use of and to be furnished to all persons applying for the same; and it is made the duty of the several sheriff's and collectors of said counties to furnish to each person with a license a copy of this act, in both English and Spanish.
Sec. 14. All fines and penalties accruing from the violation of the provisions of this act shall be paid into the county treasury of the county in which such violation occurs to the credit and for the benefit of the school fund of said county.
SEC. 15. This act shall have full force and effect from and after the first day of March, 1887.
Approved February 18, 1887.
DEAF AND DUMB.
An Act to establish a school for the deaf and dumb.
Be it enacted by the Legislative Assembly of the Territory of
SECTION 1. A school for the education of the deaf and Establishing dumb children resident in this territory, is hereby established.
Sec. 2. The school provided for in the next preceding Management. section of this act, is hereby placed under management and control of a committee consisting of the attorney general, auditor and treasurer of the territory, who shall make all necessary rules and regulations for the government of the same, and shall have power to employ teachers and fix the salary or compensation therefor, and shall fix and regulate the amount to be paid by each pupil; but they may admit indigent pupils to said school, free of charge, in which event, the territory shall pay therefor whatever said committee may allow; Provided, that the total sum to be paid by the territory shall at no time exceed the sum of one hundred dollars, per month, and only indigent children between the ages of eight and seventeen years shall be admitted free to said school.
Sec. 3. Ou a proper showing of facts, said committee shall have power to make a reduction in the amount required to be paid by any pupil, not indigent, where it may appear that said pupil, or its parents, cannot pay the full amount so required.
Sec. 4. The committee provided for in this act shall Salaries, rents, provide, at the expense of the territory, suitable buildings and property, either by renting the same, or by purchase, and shall locate said school.
Sec. 5. All payments required to be made under the territorial provisions of this act, for salary, for tuition fees, and support of indigent pupils, and for rents and property, or for anything else to properly carry into effect this act, shall be
provide suitable buildings.
made out of the territorial treasury, on the warrant of the auditor, who is hereby authorized to draw the same on the order of said committee, or a majority of its members.
Sec. 6. The school herein provided for shall be a territorial school and shall in no manner be considered a private institution.
SEC. 7. This act shall be in force and effect from and
An Act regulating descents and the apportionment of estates.
When and how
to grand child dren.
Be it enacted by the Legislative Assembly of the Territory
of New Mexico:
SECTION 1. The real and personal property of any person dying intestate shall descend to his or her children in equal proportions; and posthumous children shall inherit equally with those born before the death of the ancestor.
SEC. 2. If any children of such intestate shall have died intestate, leaving a child or children, such child or children shall inherit the share which would have descended to the father or mother; and grandchildren and more remote descendants and all other relatives of the intestatc, whether lineal or collateral, shall inherit by the same rule: Provided, that if the intestate shall have left, at his death, grandchildren only, alive, they shall inherit equally per stirpes.
Sec. 3. If any intestate shall die without lawful issue or their descendants alive, one-half of the estate shall go the father and mother of such intestate, as joint-tenants, or if either be dead, to the survivor, and the other half to the brothers and sisters and to the descendants of such as are dead, as tenants in common.
SEC. 4. If there be neither father nor mother, the brothers and sisters of the intestate living, and the descendants of such as are dead, shall take the inheritance as tenants
When to parents
and brothers and sisters.
How brothers, sisters and parents take.
in common. If there be no brothers or sisters of the intestate or their descendants, the father and mother shall take the inheritance as joint-tenants; and if either be dead, the other shall take the estate.
Sec. 5. If there be no person entitled to take the in- Wheneno phedral heritance according to the preceding rules, it shall descend in the following order:
First, If the inheritance came to the intestate by gift, devise, or descent from the paternal line, it shall go to the paternal grandfather and grandmother, as joint-tenants, and to the survivor of them; if neither of them be living, it shall go to the uncles and aunts in the paternal line, and their descendants, if any of them be dead; and if no such relatives be living, it shall go to the next of kin, in equal degree of consanguinity, among the paternal kindred; and if there be none of the paternal kindred entitled to take the inheritance as above prescribed, it shall go to the maternal kindred in the same order,
Second, If the inheritance came to the intestate by gift, devise, or descent from the maternal line, it shall go to the maternal kindred in the same order; and if there be none of the maternal kindred entitled to take the inheritance, it shall go to the paternal kindred in the same order.
Third, If the estate came to the intestate otherwise than by gift, devise, or descent, it shall be divided into two equal parts, one of which shall go to the paternal and the other to the maternal kindred, in the order above described; and on the failure of either line, the other shall take the whole.
SEC. 6. Kindred of the half-blood shall inherit equal. Kindredood. the ly with those of the whole blood; but if the estate shall have come to the intestate by gift, devise, or descent from any ancestor, those only who are of the blood of such ancestor shall inherit: Provided, that on failure of such kindred, other kindred of the half-blood shall inherit as if they were of the whole blood.
SEC. 7. An estate which shall have come to the intes- When estate retate by gift or by conveyance, in consideration of love and affection, shall, if the intestate die without children or their descendants, revert to the donor, if living, at the intestate's death, saving to the widow or widower, however his or her rights therein: Provided, That the husband or wife of such intestate shall hold a lien upon such property for the value at the intestate's death, of all improvements by him or her made thereon, and for all monies derived from the separate estate of such husband or wife expended in making such improvements.
When from fa
ther to legiti-
mate child to
SEC. 8. Illegitimate children shall inherit from the mother as if they were legitimate, and through the mother, if dead, any property or estate which she would, if living, have taken by gift, devise, or descent from any other person.
SEC. 9. The real and personal estate of any man dying intestate, without heirs resident in any of the United States at the time of his death, or legitimate children capable of inheriting without the United States, shall descend to, and be vested in his illegitimate child or children who are residents of this territory or any of the United States; and such illegitimate child or children shall be deemed and taken to be the heir or heirs of such intestate in the same manner and entitled to take by descent or distribution to the same effect and extent as if such child or children had been legitimate: Provided, That the intestate shall have acknowledged such child or children as his own during his life time: And provided further, That the testimony of the motherof such child or children shall in no case be sufficient to establish the fact of such acknowledgment.
SEC. 10. If a man shall marry the mother of an illegitimate child, and acknowledge it as his own, such child shall be deemed legitimate.
SEC. 11. The mother of an illegitimate child dying intestate without issue or other descendants, shall inherit his estate; and if such mother be dead, her descendants or collateral kindred shall take the inheritance in the order hereinbefore prescribed.
Sec. 12. The estate of a person dying intestate, without kindred capable of inheriting, shall escheat to the territory, and shall be applied to the support of common schools, in the manner provided by law.
SEC. 13. Advancements in real or personal property shall be charged against the child or descendants of the child to whom the advancement is made in the division or distribution of the estate, but if the advancement exceed the equal proportion of the child advanced, the excess shall not be refunded.
SEC. 14. In the division or distribution of an estate, the amount or value of an advancement shall be estimated according to the amount or value when given.
Sec. 15. Every rule of descent or distribution prescribed by this act shall be subject to the provisions made in behalf of the surviving husband or wife of the decedent.
SEC. 16. Tenancies by the courtesy and in dower are hereby abolished
SEC. 17. If a husband die testate or intestate, leaving a widow, one-third of his real estate shall descend to her in