any married woman, her husband shall be joined as a party / with her unless he be a non-resident of the territory and absent therefrom or unless the suit be brought against him by his wife or by him against his wife or unless they shall be living apart from each other at the time of commencing the action. SEC. 46. All laws in force contravening the provisions of this act are hereby repealed and this act shall be in full force and effect from and after its passage. Approved February 24, 1887. CHAPTER XXXIII DIVORCE. AN ACT to amend section 998, Compiled Laws of Territory of Divorce, grounds for Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That section 998 of the compiled laws of the territory of New Mexico be and the same are hereby amended so as to read as follows: All judgments or decrees heretofore rendered or made in the district courts of this territory in divorce cases be and the same are hereby declared to be valid and hereafter the district courts shall not have jurisdiction to adjudge or decree a divorce except in cases of adultery, cruel or inhuman treatment, abandonment, habitual drunkenness upon the part of the husband or wife, or neglect upon the part of the husband to support the wife. SEC. 2. That this act shall take effect and be in force from and after its passage. Approved February 24, 1887. CHAPTER XXXIV. EMPLOYÉS-PROTECTION. AN ACT for the protection of persons employed in and about smelting works. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. Whenever any employé of any corporation, person or persons engaged in the management and operation of any smelting works in the territory of New Mexico, shall become disabled and rendered unfitted for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employés performance and proper discharge of said employés duties in and about said smelting works, said employé shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense of said corporation, person or persons so employing him. Smelting company shall provide for sick employes. liable action. SEC. 2. If any such corporation, person or persons on faltatio engaged in the management and operation of any smelting works in the territory of New Mexico shall fail to provide such employé with all proper medical attendance, medicines and sustenance during such disability of said employé, then the reasonable expense of providing such employé with all proper medical attendance, medicines and sustenance during such disability of said employé may be recovered from such corporation, person or persons so engaged in the management and operation of smelting works as aforesaid, in an action at law by and in the name of any person or persons rendering or providing such employé with the said medical attendance, medicines and sustenance. SEC. 3. This act shall be in full force and effect from and after its passage and approval. Filed by the governor February 24, 1887. CHAPTER XXXV. EXECUTIONS. Execution, officer shall AN ACT relating to writ of execution issuing out of the supreme court of this territory. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. When any writ of execution issued out of notify parties. the supreme court of this territory shall be placed in the hands of any officer for levy or collection and such officer shall fail to find any property whereof the same may be made or satisfied, such officer shall notify all persons who may be indebted to the defendant named in said writ, not to pay said defendant, but to appear before the district court from which said cause was originally taken by appeal or writ of error to said supreme court, and in said district court make true answer on oath concerning his indebtedness, and thereupon the like proceedings shall be had in said district court as in cases of garnishees summoned in suits originating by attachment in said district courts. SEC. 2. That all laws and parts of laws in conflict with this act be and the same are hereby repealed, and this act shall take effect from and after its passage. Approved February 24, 1887. CHAPTER XXXVI. EXECUTION-SALES. 1 AN ACT to provide for the publication of notices of sales under execution. Be it enacted by the Legislative Assembly of the Territory of New Mexico: publication of SECTION 1. That hereafter all sheriffs' notices of sales Notices of sale, of real estate under execution, decree or order issuing out of the district courts of the respective counties of this territory, in cases in which the judgment is for an amount exceeding five hundred dollars, shall be by publication one time in each week, for three consecutive weeks, in some newspaper of general circulation, published in the county wherein the property to be sold is situated. SEC. 2. The publications of such notices shall be in either the English or Spanish language, by three weekly insertions, the last insertion to be not less than five days, nor more than twenty days prior to the date fixed for such sale, and shall be paid for at the rate of not more than one dollar for each one hundred words for each insertion, the sheriff to compute the expense of such publication, as part of his costs in making such sale, to deduct the same from the amount of the purchase money, and to make direct settlement with the publisher therefor; Provided, that should there be no newspaper published in the county where the property is situated, willing to insert said notice, on said terms, the same shall be published by posting hand bills, as in the next section provided. SEC. 3. The provisions of this act shall not extend to counties in which no newspaper of general circulation is published; but in such counties all notices of sale under execution, decree or order issuing out of the district court, shall be by six written or printed announcements, posted at prominent places in said county, one of which announcements shall be posted at the door of the court house, in said county, or at the door of the building in which the Shall be any three weekly insertions; pay ment. Publication where county no newspaper. Notice shall contain what. district court for said county is usually held, and one at the door of the postoffice nearest the said court house, or the building in which the district court for said county is usually held, and in all cases where no newspaper publication is had, one copy of the notice or announcement of such sale shall be delivered to the judgment debtor, his attorney of record, or legal representative, at least five days before the date fixed for such sale, in cases where the defendant may have entered appearance, and is still within the county. SEC. 4. All notices of sale by sheriffs under execution, order or decree of any district court in this territory shall contain as briefly as possible the style or title of the cause in which said judgment, order or decree was obtained, the nature of the action, the date of the rendition of said judgment, or the making of said order or decree, the amount thereof, with interest to date of sale, and a description of the property to be sold, sufficient for the complete identification thereof, together with a statement of the date, hour and conditions of said sale. SEC. 5. All acts and parts of acts in conflict with the provisions of this act, are hereby repealed, and this act shall have full force and effect from and after the date of its passage and approval. Approved February 10, 1887. CHAPTER XXXVII. EXEMPTION-EXECUTION. AN ACT to provide for the exemption of property from forced sale under execution. Schedule of property ex ecution, Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. Every person who has a family and every empt from ex- widow may hold the following property exempt from execution, attachment or sale, for any debt, damage, fine, or amercement, to wit: |