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An Act to provide for the publication of notices of sales un

der execution.

three weekly

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:
SECTION 1. That hereafter all sheriffs' notices of sales Notices of sale,

publication of 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 foran 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 shall be any either the English or Spanish language, by three weekly insertione; pây 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 salė, 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

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

ex:

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. Every person who has a family and every empe from ex- widow may hold the following property exempt from ex

ecution, attachment or sale, for any debt, damage, fine, or amercement, to wit:

ecution,

1. The wearing apparel of such person or family: the beds, bedsteads, and bedding necessary for the use of the same; one cooking stove and pipe; one stove and pipe used for warming the dwelling; and fuel sufficient for the period of sixty days, actually provided and designed for the use of such

person or family:

2. One cow, or if the debtor owns no cow, household furniture to be selected by him or her not exceeding forty dollars in value; two swine, or the pork therefrom, or if the debtor owns no swine, household furniture to be selected by him or her not exceeding fifteen dollars in value, six sheep the wool shorn from them, and the cloth or other articles manufactured therefrom, or in lieu thereof, household furniture to be selected by the debtor, not exceeding twenty dollars in value; and sufficient food for such animals for the period of sixty days.

3. The bibles, hymn-books, psalm books, testaments, school and miscellaneous books used in the family, and all family pictures.

4. Provisions actually provided and designed for the use of such person or family, not exceeding fifty dollars in value, to be selected by the debtor, his wife, agent or some member of the family, and other articles of household and kitchen furniture, or either, necessary for such person or family to be selected as aforesaid, not exceeding two hun. dred dollars in value.

5. One sewing machine, one knitting machine, one gun or pistol, and the tools and implements of the debtor, necessary for carrying on his trade or business, whether mechanical or agricultural, to be selected by him or her, not exceeding one hundred and fifty dollars in value.

6. The personal earnings of the debtor, and the personal earnings of his or her minor child or children, for three months, when it is made to appear, by the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or of his or her family, and such period of three months shall date from the time of issuing any attachment or other process, the rendition of any judgment, or the making of any order, under which the attempt may be made to subject such earnings to the payment of a debt.

7. All articles, specimens, and cabinets of natural history, or science whether animal, vegetable, or mineral, except such as may he intended for show or exhibition for money or pecuniary gain.

Sec. 2. Every person who is engaged in the business Person carrying of draying or carrying property from place to place with

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Unmarried women.

one horse and wagon for a livelihood, shall in addition to the exemptions specified in the preceding section, hold one horse harness dray, or wagon exempt from execution. Every head of a family who is engaged in the business of agriculture shall in addition to the exemptions provided for in the preceding section, hold exempt from execution or attachment two horses, or one yoke of cattle with the necessary gearing for the same and one wagon, and every head of a family who is engaged in the practice of medicine, shall, in addition to the exemptions specitied in said section, hold one horse, one saddle and bridle, and also books, medicines and instruments pertaining to his profession, not exceeding one hundred dollars in value, exempt from execution.

Sec. 3. Every unmarried woman may hold the following property exempt from execution, attachment, or sale, to satisfy any judgment or order, to wit:

1. Wearing apparel to be selected by her, not exceeding in value one hundred and fifty dollars.

2. One sewing machine.
3. One knitting machine.
4. If engaged in teaching music, one piano or organ.

5. A bible, hymn-book, psalm book, album, and any other books not exceeding in value fifty dollars.

Sec. 4. Any person being the head of a family engaged in the practice of law, shall, in addition to the exemption in this act enumerated be entitled to hold exempt from levy or sale, books pertaining to his profession, not exceeding in value five hundred dollars.

Sec. 7. Any beneficiary fund not exceeding five thousand dollars, set apart, appropriated, or paid, by any benevolent association or society, according to its rules, regulations, or by-laws, to the family of any deceased member, or to any member of such family, shall not be liable to be taken by any process or proceedings, legal or equitable, to pay any debts of such deceased member.

Sec. 8. The regalia, insignia of office, journals of proceedings, account books, and the private work, belonging to any benevolent society in this territory, shall be exempt from seizure or sale to satisfy any judgment or decree hereafter rendered against such society.

Sec. 9. All property used, or kept to be used by any municipal corporation or fire company, for the purpose of extinguishing fire, shall be exempt from execution and sale to satisfy any judgment or order arising upon contract or otherwise, but the owner thereof may create valid liens thereon by bill of sale or mortgage.

Beneficiary fund

Private work,

&c., of societies

Fire companies.

tyascer tained.

.

Sec. 10. This act shall be so construed as to apply to Maonstruted.be all species of indebtedness, against exempted property except taxes, and no property shall be exempted from the payment of taxes, lawfully assessed against it.

Sec. 11. In all cases where it is necessary to ascertain Valahof proper the amount or value of personal property exempt under this act, it shall be estimated and appraised by two disinterested householders of the county to be selected by the officer holding the execution or attachment, and by him sworn to impartially make such appraisement.

Sec. 12. The provisions contained in this act with Apply to all respect to exemptions, shall apply to all the courts in this territory, including justices of the peace.

Sec. 13. Husband and wife, widow or widower living Partydlving with with an unmarried daughter or unmarried minor son, may hold exempt from sale or judgment or order, a family homestead, not exceeding one thousand dollars in value, and the husband, or in case of his failure or refusal the wife shall have the right to make the demand therefor: but neither can make such demand, if the other has a homestead. The provisions of this section shall not apply or extend to a judgment or decree rendered on a mortgage executed by the debtor and his wife, nor to impair the lien by mortgage or otherwise, of the vendor for the purchase money of the premises in question, nor the lien of a mechanic or laborer or other person under any statute of this territory, for materials furnished or labor performed in the erection of the dwelling house thereon or in the repair or improvement of such dwelling house.

Sec. 14. A person owning the superstructure of a Bullding on dwelling house occupied by him or her as a family homestead, though the title to the land upon which the same is built is in another, and also lessees, shall be entitled to the benefit of the preceding section, in the same manner as the owner of the freehold or inheritance, but this section shall not be construed to prevent a sale of the fee simple subject to the lease.

Sec. 15. On petition of executors or administrators Executors shall to sell, to pay debts, the lands of a decedent who has left a widow, and a minor child unmarried, and composing part of the decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead, as provided in the next section, and the same shall remain exempt from sale on execution or attachment, and exempt from sale under any order of the court, so long as any unmarried minor child resides thereon, although the widow die, and the unmarried minor child or children of a dece

leased .

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stead.

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