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Wife's jointure.

Infant wife's

Jointure.

Widow's eleo

tion as to Jointure.

Widow's elec

tion as to devise.

lieu of all right or claim of the said intended husband in the lands of his future wife, the same shall be a bar to such right or claim; Provided, the intended husband at the time of the execution of such conveyance, signified, in writing indorsed upon or attached to said conveyance, his assent to receive the same in lieu of all right or claim of such husband in the lands of the wife.

Sec. 36. The jointure of the wife, if consisting of real estate, must not be less than a freehold estate in lands, to take effect, in possession or profit, immediately on the death of the husband.

Sec. 37. The assent of the wife to such jointure, if she be an infant, shall not be valid, unless her father (or if there be no father alive, then the mother; or if there be no mother then the guardian) shall join therein.

Sec. 38. If before her coverture, but without her assent, or if after her coverture, any such jointure or pecuniary provision shall be assured or given for her jointure in lieu of her right to one-third of the lands of her husband, she shall make her election within one year after the death of her husband, whether she will take such jointure or pecuniary provision, or whether she will retain her right to one-third of the lands of her husband; but she shall not be entitled to both.

Sec. 39. If lands be devised to a woman, or a pecuniary or other provision be made for her, by the will of her late husband, in lieu of her right to lands of her husband, she shall make her election whether she will take the lands so devised or the provision so made, or whether she will retain the right to one-third of the land of her late husband; but she shall not be entitled to both, unless it plainly appear by the will to have been the intention of the testator that she should have such lands, or pecuniary or other provision thus devised or bequeathed in addition to her right in the lands of her husband.

Sec. 40. If a woman be lawfully evicted of lands assigned to her as jointure, or be deprived of provision made for her as jointure; or if a man be lawfully evicted of lands or deprived of other property conveyed to him in nature of a jointure, ---- which assignment, provision or conveyance had barred her or his right in the lands of her husband or of his wife, as the case may be, then her or his right to a third of said land's shall revive and be in force.

SEC. 41. The alienage of any woman shall not bar her right to one-third of her husband's lands, if her husband was a citizen of the United States, or if, being an alien, he had complied with the laws of this territory to entitle him to hold lands,

Reviver of rights

by loss of jointure.

Allenage of wife.

Wife's right

upon judicial sales.

Sec. 42. In all cases of judicial sales of real property in which any married woman has an an inchoate interest by virtue of her marriage, where the inchoate interest is not directed by the judgment to be sold or barred by virtue of such sale, such interest shall become absolute and vest in the wife in the same manner and to the same extent as such inchoate interest of a married woman now becomes absolute upon the death of the husband, whenever, by virtue of said sale, the legal title of the husband in and to such real property shall become absolute and vested in the purchaser thereof, his heirs or assigns, subject to the provisions of this act, and not otherwise. When such inchoate right shall become vested under the provisions of this act, such wife shall have the right to the immediate possession thereof, and may have partition, upon agreement with the purchaser, his heirs, or assigns or upon demand, without the payment of rent, have the same set off to her. SEC. 43. The provisions of this act shall not apply to Wheca pot ap

plicable. sales of real estate upon judgments rendered prior to the taking effect of this act; nor to any sale of real property of the value of twenty thousand dollars and over; nor to the sale of such real property of the aggregate value of twenty thousand dollars and over,--except to so much of such real property as shall not exceed in value the sum of twenty thousand dollars.

Sec. 44. If any married woman shall die, holding real property vested in her by the provisions of this act, during the existence of the marriage in virtue of which she received the same, the whole of such real property shall descend to her surviving husband, and if any woman shall marry a second or any subsequent time, holding real property vested in her by the provisions of this act, such woman may not, during such second or subsequent marriage, either with or without the assent of her husband, alienate such real estate; and if during such marriage, such wife shall die, such real estate shall descend to her children by the marriage in virtue of which such real estate came to her, if any there be.

SEC. 45. No real property in which any married Price on execuwoman holds such inchoate interest as is provided for in this act, shall be sold on any execution or order of sale, issued out of any court for less than four-ninths of the appraised cash value thereof, exclusive of liens and incumbrances.

SEC. 45 4. Hereafter in all civil actions brought and Husband.shaube presented in any of the courts of this territory by or against

1

Who inherits from wife.

joined party to suit.

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

New Mexico.

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.

Suc. 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.

Smelting com

pany shall provide for sick employes.

On failure are liable to action.

Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

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.

SEC. 2. If any such corporation, person or persons 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.

An Act relating to writ of execution issuing out of the su

preme court of this territory.

Execution,

officer shall

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.

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