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Threatening any
person.

a

Assault with
deadly weapon,

Flourishing
deadly weapon.

SEC. 2. Any person who shall draw a deadly weapon on another, or who shall handle a deadly weapon in a threatening manner, at or towards another, in any part of this territoryexcept it be in the lawful defense of himself, his family or his property, or under legal authority, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary not less than three months nor more than eighteen inonths, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

Sec. 3. Any person who shall unlawfully assault or strike at another with a deadly weapon, upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor in the couy jail or territorial penitentiary, not exceeding three years, in the discretion of the court or jury trying the same.

SEC. 4. Any person who shall unlawfully draw, flourish or discharge a rifle, gun or pistol within the limits of any settlement in this territory, or within any saloon, store, public hall, dance hall or hotel, in this territory, except the same be done by lawful authority, or in the lawful defense of himself, his family or his property, upoit conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a term of not more than three years, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

The word settlement,” as used in this act, shall be construed to

“ mean any point within three hundred yards of any inhabited house, in the territory of New Mexico.

SEC. 5. Any person being armed with a deadly weapon, shall words, or in any other

manner,

insult or asupon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary for not less than three months, nor more than one year, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

SEC. 6. Justices of the peace, as well as the district courts shall have concurrent jurisdiction of all offenses committed under the first section of this act; but of offenses committed under the remaining sections hereof, justices of the peace shall not have jurisdiction except as committing magistrates, and it is made the duty of the justices of the peace of the several counties of the territory before whom any person is brought or arraigned for the violation of any

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Jurisdiction of

offenses.

What accused must prove.

Deadly weapon,

definition of.

.

of the above sections, other than section one of this act, if reasonable grounds exist to believe such person guilty, to bind such person over in a good and sufficient bond to the district court of such county, and in default of such bond to commit to jail as in other felonies.

SEC. 7. It shall not be necessary, in the trial of any cause arising under the provisions of this act to prove that del the

person charged was not, at the time of violating the said provisions, in the lawful defense of himself, his family or

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6 property, or acting by lawful authority, but the accused must prove that he was, at such time, within the exception claimed.

SEC. 8. Deadly weapons, within the meaning of this act, shall be construed to mean all kinds and classes of pistols, whether the same be a revolver, repeater, derringer, or any kind or class of pistol or gun; any and all kinds of daggers, bowie knives, poniards, butcher knives, dirk knives, and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes, and any kind of sharp pointed canes; as also slung shots, bludgeons or any other deadly weapons with which dangerous wounds can be inflicted.

Sec. 9. Persons traveling may carry arins for their own Travelers may protection while actually prosecuting their journey and may pass through settlements on their road without disarming; but if such travelers shall stop at any settlement for a

1 longer time than fifteen minutes they shall remove all arms from their person or persons, and not resume the same until upon eve of departure.

SEC. 10. Sheriffs and constables of the various counties, and marshals and police of cities and towns, in this territory, and their lawfully appointed deputies, may carry weapons, in the legal discharge of the duties of their respective offices, when the same may be necessary, but it shall be for the court or the jury to decide from the evidence whether such carrying of weapons was necessary or not, and for an improper carrying or using deadly weapons by an officer, he shall be punished as other persons are punished, for the violation of the preceding sections of this act.

Sec. 11. Every keeper of hotel, boarding house, bar Duty of hotel room, drinking saloon or place where liquor is sold, or dance hall, in this territory, shall keep conspicuously posted up a copy of this act, in both the English and Spanish languages, and it is hereby made the duty of every 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 of the same, who shall become cognizant of any violations

Officers may carry arms when.

and saloon keepers, &c.

a

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 shalí 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

Duty of judges.

same.

Duty of county commissioners.

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 sufficient 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 sheriffs 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.

CHAPTER XXXI.

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

New Mexico:

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. On 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

Committee shal.

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 after its passage.

Approved February 24, 1887.

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An Act regulating descents and the apportionment of estates.

To children

equally.

When and how to grand children.

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 intestate, 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 to 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 theinheritance as tenants

When to parents and brothers and sisters.

How brothers, bisters and parents take.

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