the whole of said districts not less than one thousand for each district. And in selecting said lists for said purposes the said commission shall not place upon said lists the name of any person who is selected at the same time to go upon the list to be used for the selection of juries for the district courts to be held for territorial purposes in the several counties. Sec. 18. The name of no person shall be placed on any of the lists provided to be made under the provisions of this act or shall be selected for that purpose whose name has been upon the lists made at any time during the previous calendar year, under this act or in any list in use immediately preceding the one being made, or for which selections are being made, and, if a comparison shows that any such person has been selected and his name placed on such list in violation of this section his name shall be expunged from the list and taken from the said boxes or wheels in the manner herein before provided for the examination and direction of the names on said lists and in said boxes and wheels and the names of all persons who have died, or who have otherwise become disqualified shall be expunged from said lists and if drawn from said. boxes or wheels when the names for jurors are being drawn shall be disregarded and destroyed. Sec. 19. The jurors for all the counties and districts and for courts to be held therein from and after the fifteenth day of May shall be drawn and selected under the provisions of this act and if the juries have already been selected and drawn for such courts under existing acts such selections and venires shall be set aside. and disregarded and new panels selected under the provisions of this act. Sec. 20. In case of the absence, sickness, or inability to act, or of a vacancy in the judgeship in any district, or of the judge of such district at the time that it is necessary for any duty to be discharged by the district judge under the provisions of this act, such duties shall be discharged by some other district judge of the territory or by the chief justice thereof, and for such purpose the key to any of the said wheels or boxes shall be delivered to the district judge discharging such duty and upon the discharge of the same, and as soon thereafter as is convenient and proper said key shall be returned to the judge of the district in whose custody it properly belongs. The judges of the district court shall take such proper steps and make the proper orders to enforce this act, as may be necessary, immediately after its passage for the year 1905beginning with the fifteenth day of May as herein before provided.. In every year after 1905 the said district judges shall cause said selection to be made and said lists prepared and all other things necessary to be done, for the enforcement of this law at the first term of court held in each county and district in each year. If at any time it shall appear to the judge of any district court that the names in said boxes or wheels are becoming exhausted, and in every case where the number of names left in the box or wheel has been reduced more than half of the original number placed herein the district judge shall call the said jury commission together and cause a new list of names to be made from which slips shall likewise be made and placed in said box so as to replace the names in the boxes or wheels to the full number of names placed therein for the year for which they were selected. Sec. 21. Before any drawing of names from any jury box under the provisions of this act, the wheel or box shall be thoroughly revolved or shaken so as to mix the slips of paper containing the names therein, and as the drawing proceeds the said wheel or box shall be revolved or shaken so as to change frequently the relative positions of the said slips of paper. Sec. 22. Any clerk of the district court, or his deputy, or other person who shall place upon any jury venire the name of any person not properly selected and drawn as a juror, or who shall omit from any such venire the name of any person so properly drawn and selected, wilfully and knowingly shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 7 of this act. Sec. 23. Any officer charged with the duty of summoning jurors in any of the district courts of this territory, who shall wilfully fail, refuse or neglect to summon any person whose name shall be legally placed in his hands to be summoned as a juror and any such officer who shall make a false return upon any venire of grand or petit jurors, and any officer or any other persons who shall wilfully violate this act, or knowingly and wilfully refuse to perform any duty with the performance of which he is charged, or any such officer or person who shall knowingly and wilfully improperly discharge such duty shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in the manner provided by section of this act. Sec. 24. Every officer to whose hands shall come a venire for jurors who shall be unable to summon any person whose name shall be found upon any such venire shall state in his return what efforts he has made to find any such person and any such return shall be deemed and held by the court to be insufficient if it shall not appear that the officer in his effort to serve such person has visited at least the usual place of abode of such person, if such person shall have a usual place of abode in the county, and in every such case it shall be the duty of the officer to use extraordinary diligence to serve all persons whose names are found upon any such venire and to make return of that fact to the court. Sec. 25. The grand juries provided for by this act shall consist of twenty-one persons and the petit jury panel shall consist of twenty-four persons, and twelve grand jurors shall concur in finding an indictment. The venire for any jury may be made returnable upon such day of the term of the district court as the judge thereof in his discretion shall determine. Juries for special terms of court shall be drawn and summoned in the same manner as jurors for regular terms of court. Sec. 26. Each jury commissioner shall receive six cents per mile each way for each mile necessarily traveled in going to and returning from the county seat for the discharge of his duties as such commissioner, and three dollars per day for each day on which he is actually engaged in the discharge of his duties. Sec. 27. The act approved March 16, 1899, entitled an act for the selection of jurors and all acts in amendment thereof are hereby repealed but this repeal shall not apply to jurors selected prior to the time this act goes into effect. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in force from and after June 30, 1905 CHAPTER 117. AN ACT RELATING TO SALARIES AND FEES OF PROBATE CLERKS AND EX-OFFICIO RECORDERS AND COUNTY SUPPERINTENDENTS OF SCHOOLS. C. B. No. 133; Approved March 16, 1905. CONTENTS. Sec. 1. Salaries of probate clerks in counties of different classes. Sec. 2. Section 5, Chapter 27, Laws of 1901, regarding the compensation of county superintendents of schools, repealed Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. From and after April 1, 1905, the probate clerks and ex-officio recorders of the several counties of New Mexico, for all services rendered as such and as ex-officio clerks of the boards of county commissioners or under their direction, and for keeping accounts with the collectors and treasurers of their respective counties, shall receive salaries as follows, to-wit: In counties of class "A," one thousand dollars per annum; In counties of class "B," seven hundred and fifty dollars per annum; In counties of class "C," six hundred dollars per annum; In addition to such salaries they shall receive the fees now provided by law, and no further or other salary or compensation of any character. Sec. 2. Section 6 of Chapter 27 of the acts of the thirty-fourth legislative assembly of the Territory of New Mexico, is hereby repealed, to take effect January 1, 1907, and the provisions thereof shall not apply or be extended to any county in said territory not designated as a county of the first class at the time said section became law. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage and approval. CHAPTER 118. AN ACT CHANGING THE NAME OF THE OFFICE OF SOLICITOR GENERAL TO THAT OF ATTORNEY GENERAL AND FOR OTHER PURPOSES. A. C. B. No. 127, Approved March 16, 1905. CONTENTS. Sec. 1. Title of solicitor general changed to attorney general. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The title of the office of solicitor general is hereby changed from that of solicitor general to attorney general but the said office shall continue the same as it now is except the change of name, and this act shall not be construed to change or in any way interfere with the powers and duties of the solicitor general as now provided by the acts of congress or the territorial legislature. Sec. 2. This act shall take effect and be in force from and after its passage. CHAPTER 119. AN ACT RELATING TO THE CHANGING OF COUNTY SEATS. C. B. No. 85; Approved March 16, 1905. CONTENTS. Sec. 1. Section 630, Compiled Laws of 1897, regarding the removal of county seats, amended. Removal of county seats. Provisos. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 630 of the Compiled Laws of the Territory of New Mexico of 1897 be, and the same is hereby amended so as to read as follows: "Section 630. Whenever the citizens of any county in this territory shall present a petition to the board of county commissioners signed by qualified electors of said county equal in number to at least one-half the legal votes cast a: the last preceding general election asking for the removal of the county seat of said county to some other designated place, which petition shall be duly recorded in the records of said county, said board shall make an order directing that the proposition to remove the county seat to the place named in the petition be submitted to a vote of the qualified electors of said county at the next general election, if the same is to occur within one year from the time of presenting said petition, otherwise at a special election to be called for that purpose at any time within eight months from the date of presenting said petition: Provided, That before making such order the board of county commissioners shall require from the petitioners or from the persons interested in the removal of said county seat a deposit of twenty-five thousand dollars in money, which said deposit shall be placed in the treasury of said county, which said sum of money when so placed in said treasury shall be used in the construction of a court house and jail, in the event that the proposition for removal shall receive a majority of the votes cast at such election: And, Provided, Further, That the city, town or village named in the petition shall be at least twenty miles distant from and of a population at least one-third larger than the population of the then county seat of said county, which said population shall be ascertained and determined by the said board of county commissioners; and that no proposition to remove a county seat from a city, town or village situated on a railroad to one not so situated shall be enter |