CHAPTER XXXIX. AN ACT TO PROVIDE THE NECESSARY FUNDS TO COMPLETE AND FUR- AT SANTA FE, AND FOR OTHER PURPOSES. C. B. 129; Approved CONTENTS. Sec. 1. Amends section 3 of Act of February 9, 1899. Sec. 2. Applies to Act of Congress approved March 1, 1899, authorizing it. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That an act of the Thirty-third Legislative Assembly of the Territory of New Mexico, approved February 8, 1899, entitled "An Act to provide the necessary funds to complete and furnish the Territorial Capitol, at Santa Fe, and to lay out the grounds thereof, and for other purposes," and another act of the same legislative assembly, approved March 8, 1899, entitled "An Act to amend An Act to provide the necessary funds to complete and furnish the Territorial Capitol, at Santa Fe, and lay out the grounds thereof, and for other purposes," be, and the same are hereby, reenacted in all their parts, excepting, however, the following words in section three (3) of the act first above named, to wit: "But no action for the sale of the bonds authorized in section one, shall be taken until this act has been duly authorized or approved by the Congress of the United States of America," which said words are hereby stricken out and repealed. SEC. 2. This act is and shall be construed as applying to and being enacted under and by virtue of the power and authority conferred upon the Legislative Assembly of the Territory of New Mexico by an act of Congress, approved March 1, 1899, authorizing said assembly to cause to be issued bonds of the Territory for the sum of sixty thousand dollars for the purpose of raising the necessary additional funds for the completion and furnishing of the Territorial Capitol now in course of erection at Santa Fe. SEC. 3. This act shall be in full force and effect from and after its passage.. CHAPTER XL. AN ACT TO AMEND SECTION 254 OF THE COMPILED LAWS OF NEW MEXICO OF 1897. C. B. 143; Approved March 15, 1899. CONTENTS. Sec. 1. Unlawful carrying on the business of banking, per section 254 of the Compiled Laws of 1897, shall not apply to bankers of five years good standing. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That Section 254 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended by inserting the following after the seventh line from the top of said section, to-wit: Provided, that the above provision of this section shall not apply to any bank or firm or bankers that has been in good standing for not less than five years prior to the passage of this act. SEC. 2. This act shall be in full force from and after its passage. CHAPTER XLI. AN ACT IN REFERENCE TO RECOGNIZANCES, BONDS, STIPULATIONS, REQUIRED BY THE LAWS OF NEW MEXICO, AND FOR OTHER PUR POSES. H. S. C. B. 13; Approved March 15, 1899. CONTENTS. Sec. 1. Recognizances, stipulations, bonds. and undertakings good if guaranteed solely by a corporation as required. Sec. 2. Any receiver, guardian, executor or other fiduciary may be allowed by the court or judge a reasonable sum per limitation when paid for surety. Sec. 3. Surety desiring to be released from an official bond, may be so released on application as stated. Of a new bond and of failure to give new bond. Sec. 4. Company authorized to do business under this act failing to pay final judgment on bond or undertaking, shall forfeit ali right to do business. Sec. 5. Any company guaranteeing any bond or undertaking, shall be estopped, etc. Sec. 6. All corporations doing business under provisions of this act shall be considered as Insurance Company. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That whenever any recognizance, stipulation, bond, or undertaking is required to be given by the laws of said Territory, conditioned for the faithful performance of any duty, or from doing or refraining from doing anything in such recognizance, stipulation, bond or undertaking specified, which bond is now required or permitted to be given with one or with two or more sureties, the execu tion of the same, or the guaranteeing of the performance of the condition thereof shall be sufficient if executed or guaranteed solely by a corporation incorporated under the laws of the United States or of any state or territory having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute guarantee bonds and undertakings in special proceedings, and in all judicial proceedings: Provided, that such company is qualified under the act of Congress entitled "An act relative to recognizances, bonds and undertakings, and to allow certain corporations to be accepted. as surety thereon," approved August 13 1894; and, Provided further, that said corporation, if not incorporated under the laws of the Territory of New Mexico, shall in addition to the said certificate provided for in this act, also comply with the laws of the territory authorizing foreign corporations to do business in said territory,and, Provided, further, that all recognizances, stipulations, bonds, or undertakings executed under the provisions of this act shall be subject to the approval and acceptance as to the form and sufficiency of the execution thereof by the person or authority by law authorized to approve and accept the same. SEC. 2. That any receiver, assignee, guardian, trustee, committee, executor, administrator or other fiduciary required by law or the order of any court or judge, of this territory, to give a bond or other obligation as such, may include as a part of the lawful expense of executing his trust such reasonable sum paid a company authorized under the laws of this Territory so to do, for becoming his surety on such bond as may be allowed by the court in which, or a judge before whom, he is required to account, not exceeding one per cent per annum on the amount of such bond; and in all actions and proceedings a party entitled to recover costs therein shall be allowed and may tax and recover such sum paid such a company for executing any bond, recognizance, undertaking, stipulation or other obligation therein not exceeding, however, one per cent on the amount of such bond, recognizance, undertaking stipulation or other obligation, during each year the same has been in force. SEC. 3. When any surety upon the official bond of any trustee, committee, guardian, assignee, receiver, executor, administrator or other fiduciary in this Territory shall desire to be released from such obligation, such surety may file his application for such release in the court having jurisdiction of such fiduciary and thereupon the clerk of such court shall issue, under the seal thereof, a notice to such fiduciary, requiring him or her to furnish a new bond, with sureties to be approved by the court, within twenty days from the date of the service of said notice. Such notice may be served in the manner provided by law for the service of a summons in civil actions. If such fiduciary shall fail to furnish such bond within the time hereinbefore prescribed he or she may be summarily removed from office, and a new trustee, committee, guardian, assignee, receiver, executor, administrator, or other fiduciary fortwith [forthwith] appointed. From and after the time when such new bond is furnished, or such new fiduciary appointed, the surety making such application shall be released from all liability upon the said bond, except for such default or other misconduct on the part of such fiduciary as occurred prior thereto. It is further provided that in case of the release or the withdrawl [withdrawal] of any surety as provided in this act, and in case the principal shall account in due form of law for all his acts and doings, and all trust funds or estate, then the unearned portion of any premium paid to such surety shall be refunded and repaid by the said surety or such sureties as aforesaid. SEC. 4. That if any company authorized to do business in this territory under this act shall neglect or refuse to pay any final judgment or decree rendered against it upon any such recognizance, stipulation, bond or undertaking made or guaranteed by it under the provisions of this act, from which no appeal, writ of error, or supersedeas has been taken, for thirty days after the rendition of such judgment or decree, it shall forfeit all right to do business under this Act. SEC. 5. That any company which shall execute or guarantee any recognizance, stipulation, bond, or undertaking under the provisions of this Act shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute or guarantee such instrument or assume such liability. SEC. 6; All corporations doing business in this Territory under the provisions of this Act shall be considered and taken to be Insurance Companies within the meaning and intent of Sections 2114, 2115 and 2116 of the Compiled Laws of New Mexico of 1897, and shall be subject to the provisions of said Sections 2114, 2115 and 2116. SEC. 7. This Act shall be in force and effect from and after its passage. CHAPTER XLII. AN ACT TO ESTABLISH AND MAINTAIN AN ASYLUM FOR THE EDUCATION OF THE DEAF AND DUMB. H. B. 51; Approved March 15, 1899. CONTENTS. Sec. 1. Act of February 24, 1887, (Chapter XXXI) recognized and continued. Lands and improvements made recognized: and appropriations shall be made for its support. Sec. 2. Provides for a Board of Trustees, two of whom may be women. Organization. Powers. Expenses. Make report. Donation by congress. Sec. 3. Devoted to the deaf and mutes. Instruction free to residents of the territory. May receive children from other States and Indians on terms stated, Sec. 4. Provides for reports of the deaf and mute children in the territory and for attendance at the school. Enforcement. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. The asylum for the education of the deaf and dumb children resident in this Territory established by the act of the Territorial Legislature, approved February 24, 1897, printed in the Session Laws of that year as chapter XXXI, is hereby recognized and continued as a Territorial Institution to be hereafter known and called “The New Mexico Asylum for the deaf and the dumb." And all the lands buildings and improvements purchased and erected for the benefit of the said Asylum in the County of Santa Fe, shall inure to the benefit of the said Asylum for the Deaf and the Dumb; and proper appropriations shall be made by the Legislature for its continuance and support. SEC. 2. The said Asylum shall be under the control and management of a board of trustees consisting of the Superintendent of public instruction, and four other competent persons two of whom may be women. Said four persons to be nominated by the Governor, and by and with the consent of the Legislative Council [,] appointed to such position; two of such appointees shall serve for a term of four years from the time of their appointment, and two for the term of two years from such date in the first instance, after which all appointees on such board shall serve for four years from the date of their appointment; vacancies occurring in said board shall be filled in the same manner as is provided for by law for the filling of vacancies in other public boards. The said board shall meet and organize on the second Monday of April after their appointment by electing from among their number a president and a secretary, and it shall make its own rules and regulations for the government of its meetings and the Institution under its care. Such board shall have full power and authority to employ a Superintendent, teachers and all other necessary employes to carry on the said asylum in the most efficient manner with the appropriations made therefor, with full power to provide suitable buildings, additions to existing buildings, and otherwise enlarging and improving the buildings and property now occupied by said asylum. Provided, that it shall be unlawful for any member or members of said Board of Trustees to incur any indebtedness or provide any improvements, repairs, or enlarge said buildings, except for current |