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Officer shall set

aside homestead.

dent, actually residing on the family homestead, shall be entitled to hold the same exempt from sale on execution or attachment, although the parent from whom the same descended left no wife or husband living.

Sec. 16. The officer executing any writ of attachment, or execution founded on any judgment, order or decree, shall on application of the debtor his wife, agent or attorney, at any time before sale, if such debtor has a family and if the lands or tenements about to be levied upon or any part or parcel thereof, constitute the homestead thereof, cause the inquest of appraisers, upon their oaths, to set off to such debtor, by metes and bounds, a homestead not exceeding one thousand dollars in value: such assignment of the homestead shall be returned by the officer along with the writ and at the next succeeding term of the district court, the officer holding such writ shall return said assignment of homestead to the clerk thereof, the same to be entered on the records of said court, and if no complaint be made by either party, no further proceedings shall be had against the homestead, but the remainder of the debtor's lands and tenements if any there be, shall be liable to sale on execution.

Upon complaint of either party, and upon good cause shown the court out of which the writ issued may order a reappraisement and assignment of the homestead: but if no application be made during the life time of the debtor, it may be made by the widow of the judgment debtor, at any time before sale.

Sec. 17. When the homestead of a debtor in execution or attachment, cortsists of a house and a lot of land which in the opinion of the appraisers, will not bear division without manifest injury and inconvenience, the plaintiff in execution shall receive in lieu of the proceeds of a sale of the homestead, the amount over and above one hundred dollars, annually adjudged by the appraisers as a fair and reasonable rent for the same, until the debt, costs and interest are paid. The rent over and above one hundred dollars, shall be payable in quarterly payments, commencing three months from the time of the levy of the execution, or seizure under any final order or judgment, and may be paid to the judgment creditor, or to his assigns or to the sheriff, or clerk of the court of the county, wherein the homestead is situated, and the person paying the same shall receive a proper receipt therefor, and entry made on the cash book without charge. If the rent be not paid quarterly, as above provided or within ten days after each and every payment becomes due, the officer shall proceed and

When property cannot be diri. ded.

charged with liens.

sell the homestead, in the same manner as is provided in other cases for the sale of real estate but it shall not be sold for less than its appraised value. The plaintiff in execution, the judgment debtor, or any other person to whom, under the laws of this territory, such homestead has been set off, may cause the homestead to be re-appraised once in two years, in the same manner as is provided for in the preceding section, and the rent shall after such re-appraisement be paid in accordance therewith, and if such re-appraisement be made at the instance of the plaintiff in execution, and the appraisement be not increased one hundred dollars over the amount of the next previous appraisement, the costs thereof shall be paid by the plaintiff in execution but in all other cases the costs of the re-appraisement shall be taxed as costs in the original case.

Sec. 18. When a homestead is charged with lie ns Homestead some of which as against the head of a family, or the wife preclude the allowance of a homestead to either of them, and others of such liens do not preclude such allowance, and a sale of such homestead is had then, after the payment, out of the proceeds of such sale, of the liens so precluding such allowance, the balance, not exceeding five hundred dollars, shall be awarded to the head of a family, or the wife, as the case may be, in lieu of such homestead, upon his or her application, in person, or by agent or attorney:

Sec. 19. Any resident of this territory, who is the Householdernot head of a family, and not the owner of a homestead, may hold exempt from levy and sale real or personal property to be selected by such person, his agent or attorney, at any time before sale, not exceeding five hundred dollars in value, in addition to the amount of chattel property otherwise by law exempted.

Sec. 20. No sale of real estate made under a mortgage Mortgenoties which is not executed by the wife of the debtor, if he has a wife, shall in any manner affect the right of the debtor's wife or family to have a homestead set off under the provisions of this act.

Sec. 21. Nothing in this act shall be so construed as Right of dower. in any way to impair the right of dower, or community interest provided by law for enforcing that right.

Sec. 22. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.

Approved February 24, 1887.

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ecuted by wife.

CHAPTER XXXVIII.

FEES AND SALARIES.

An Act entitled an act establishing the fees and compensa

tion of sheriffs, Ser acr-19

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Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. The sheriff shall be allowed the following fees and compensation, to wit: for serving every citation or sunmons, one dollar, for every writ of capias or attachment for each defendant one dollar, for taking and returning every bond required by law one dollar and fifty cents, for levying every execution and return of same one dollar and tifty cents, for making, executing and delivering every sheriff's deed, to be paid by the purchaser, three dollars, for

every return of non est inventus on summons, citation or execution, fifty cents, for attending any court four dollars per day, attendance on district court to be paid by the territory in the manner now provided by law, attendance upon

the courts of the justice of the peace in criminal cases to be paid by the county upon the certificate of attendance by such justice of the peace, for calling each action, party or jury fifteen cents, for calling each witness five cents, for serving and returning each writ, in a criininal case, for each defendant one dollar, for committing any person to jail in any case, vne dollar; for feeding prisoners confined in jail, seventy-five cents per day for each prisoner so confined, to be paid by the county where continerd, except in cases where prisoners are sent from one county to another for safe keeping, change of venue or otherwise the county from where such prisoner or prisoners are sent shall pay the sheriff of the county where confined, also for any additional expense he may be to in transporting said prisoner or prisoners from one county to another, the mileage being the same for each prisoner, guard and sheriff, as this act provides in other cases; for executing every death warrant, one hundred dollars, to be paid by the territory.

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ries.

by law.

summons are

Mileage.

Sec. 2. For coinmissions for receiving or paying monies of executions, on executions, where lands or goods or chattels have been levied upon, advertised and sold, four per cent on the first five hundred dollars and two per cent. on all sums above that, also the actual expense incurred by taking care of any goods or chattels so levied upon, between the day of levy and sale, and one-half of said commissions, when the money has been paid without making a levy or sale.

Sec. 3. The party at whose application any civil writ, Pay in advance. subpæna or other processes, except executions, is issued, shall pay in advance if so demanded by the sheriff, the fees

. allowed by this act for such services.

Sec. 4. The sheriff shall receive ten dollars for sum- Summoning ju. moning each grand jury, and ten dollars for summoning each petit jury, to be paid by the territory as now provided SEC. 5. When processes,

orders, or directed to the sheriff to be served beyond the county seat of his county, he shall be paid twelve and a half cents for each mile traveled going and returning. In criminal cases the territorial auditor is authorized to audit and the territorial treasurer directed to pay the mileage in cases brought by the territory; when any sheriff is required to perform any duty, for the doing of which no compensation is provided by law, the judge of the district court, wherein the said duty is performed, may order a just compensation to be paid to such sheriff for his services by the party for which such duty was performed.

SEC. 6. The sheriff of each county shall provide the Province applies jail of his county with all the necessary things, as wood, coal, lights, kitchen furniture, irons, &c., and also, when necessary, clothing for persons contined therein, for which he shall be paid by the county upon his certifying to the correctness of the expenditure and for whom or what expended, except in cases of prisoners transferred from one county to another, then the county from where such prisoner was transferred shall pay for clothing and feed of such prisoners

Sec. 7. They shall be paid the regular rates of mile- Serrincharper's age herein provided by this act, by their respective counties in all cases where they, upon a warrant issued from any of the justices of the peace of the county for the arrest of any person or persons, being charged with any crime even though the arrest be made in another county than the one of which he is sheriff, also shall pay mileage for guard and prisoner. He shall also be allowed and paid by the county two dollars a day for each guard each day actual

jail.

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Mileage, &c., to

penitentiary.

ly employed in assisting with such prisoner, but shall have not more than one guard unless there are more than three prisoners; for every two additional prisoners he shall be entitled to one guard; he shall also be entitled to one dollar and fifty cents for feeding each prisoner while conducting him from one point to another.

SEC. 8. They shall be paid twelve and a half cents per mile for each mile traveled in conducting each prisoner to the territorial penitentiary, also one dollar a day for feeding each of said prisoners. They also shall be paid twelve and one-half cents a mile for each guard necessary in safely conducting prisoners to the said penitentiary for each mile traveled going and coming.

Sec. 9. All acts or parts of acts in conflict herewith are hereby repealed.

SEC. 10. This act to take effect and be in force from and after its passage and approval.

Filed by the governor Feb. 24, 1887.

CHAPTER XXXIX.

FEES AND SALARIES.

An Act fixing the salary of chief and associate justices of the supreme court of the territory of New Mexico, and

for other purposes.

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Salaries of jus

tices.

} Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That from and after the passage of this act, the chief justice and each one of the associate justices of the supreme court of the territory of New Mexico shall receive out of the territorial funds of the territory of New Mexico the sum of eighteen hundred dollars each per num, in full compensation for all services rended the territory for their services, as such chief and associate justices, said sum of of eighteen hundred dollars to be paid proportionately, every two months, out of the territorial funds, to be audited by the auditor of the territory, by issuing warrants against the treasurer of said territory.

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