CHAPTER 115. AN ACT TO AMEND SECTION 4124 OF THE COMPILED LAWS OF THE TERRITORY OF NEW MEXICO OF 1897, AND FOR OTHER PURPOSES. C. S. for C. B. No. 24; Approved March 16, Sec. Sec. CONTENTS. 1. Section 4124, Compiled Laws of 1897, regarding amount to be paid for liquor license, amended. Proviso no license to be granted except in city, town or village of at least one hundred inhabitants. 2. Sec. 3. Sec. 4. 5. Saloons prohibited within certain distances of certain institutions. Granting of liquor license for sale of less than five gallons within three Be it enacted by the Legislative Assembly of the Territory of Section I. That Section 4124 of the Compiled Laws of the Territory of New Mexico of 1897, is hereby amended by adding thereto the following: "Provided, That no license shall be granted for the sale of malt, vinous or spirituous liquors at any place in any county of this territory, except within the limits of a city, town or village containing at least one hundred inhabitants; and any officer authorizing or issuing a license contrary to this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars." Sec. 2. It shall be unlawful for any person, company or corporation to establish or conduct a saloon for the vending or sale of spirituous, vinous, or malt liquors within a distance of five miles of any United States government sanitorium, or within a distance of two miles of any military reservation in New Mexico, or within one mile of the established boundaries of the New Mexico College of Agriculture and Mechanic Arts or within one-half mile of the University of New Mexico or the School of Mines, and no license shall be issued for such purpose, but this section shall not apply to any saloons previously established. Sec. 3. It shall be unlawful for any territorial or county. official authorized by law, to grant, retail liquor license to any person, firm or corporation to sell or otherwise dispose of malt, spirituous or vinous liquors in less quantities than five gallons within three miles of any camp, assembly of men engaged in the construction of any railroad, canal, reservoir, public work or other kindred enterprise where 25 or more men are engaged. And it shall be unlawful for any person, firm or corporation to sell or offer for sale, barter or exchange, or otherwise dispose of any spirituous, malt or vinous liquors in less quantity than five gallons within three miles of any such camp or assembly of men, as herein specified, and any attempt to evade the provisions of this act by giving away any such liquors to any person on the pretense or for the reason that such person has purchased or designs or is expected to purchase some other article, shall be deemed a sale within the meaning of this act: Provided, That the provisions of this section shall not apply to sales made under a license issued to authorize such sales in any incorporated town or city or towns of more than 300 inhabitants, or to those authorizing such sales outside of the limits of cities and towns, which may have been issued, or the places of business where such sales or license is to be made may have been etablished for six months prior to the passage of this act, or prior to the beginning of any such work as specified herein within said three mile limit. Sec. 4. Any retail liquor license granted as provided for by law may be revoked by the board of county commissioners of the county wherein the same was or is issued, for the purpose of conducting a saloon outside of any incorporated village, town or city, and the same may be revoked by the municipal authorities of such incorporated town, village, or city, when any saloon is conducted therein, and the license money paid shall be forfeited, for the following reasons, to-wit: Provided, That the authorities mentioned herein upon a hearing given any person so licensed, shall be satisfied that such person has violated any of the provisions specified in said license, or by selling or attempting to sell retail liquors aforesaid outside of the locality for which such license was granted or if such person is conducting a disorderly or ill-governed saloon house or place, or a place of resort for idle or dissolute persons, or conducts any gambling therein without having a license therefor, or by permitting women to frequent such saloon. Sec. 5. Any person who shall violate any of the provisions of sections 2 and 3 of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten nor more than ninety days, or both, in the discretion of the court. Sec. 6. All acts and parts of acts inconsistent herewith are hereby repealed and this act shall take effect and be in force from and after the date of its passage and approval. CHAPTER 116. AN ACT TO DEFINE THE QUALIFICATIONS AND REGULATE THE DRAWING OF JURORS. A. C. B. No. 111; Approved March, 16, 1905. CONTENTS. Sec. I. Sec. 3. Sec. 5. Qualifications for service as grand and petit juror. Classes exempted from services. Jury commission. Jury commission to select persons liable to jury duty. Names selected to be recorded. Oath of jury commissioners. Sec. 6. County commissioners to provide district clerk with box. Tampering with box a misdemeanor. Penalty. Sec. 7. Sec. 8. Clerk to insert names selected by jury commission in box. Sec. 9. Sec. 10. Sec. II. Sec. 12. Sec. 13. Sec. 14. When person selected as jurors will be excused. Clerk to keep record of names drawn from box as well as names placed in box. Lists open to inspection. Lists and names must correspond. Filling or completing panel. Proviso. Provision for boxes in counties where causes are tried under the laws of the United States. U. S. Marshal to provide box required in section 13. Sec. 15. County commissioners to prepare and send to clerk of district court, jury lists. Sec. 16. Sec. 17. Sec. 18. Sec. 19. Sec. 20. Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. Provisions relating to vacancies. District judge to apportion names to be drawn for jury duty in U. S. cases. No name to be placed on list which was on, in previous calendar year. Jurors for courts to be held after May 15, to be drawn and selected under provisions of this act. Judge of district being unable to perform duty, judge of another district to perform. Judges to make proper orders for enforcement of act. Box to be shaken before names drawn. Failure of clerk to place on jury venire name of proper person, a mis- Officers failing to enforce provisions of act, guilty of misdemeanor. Duty of officer in summoning persons. Number in grand juries. Return of venire. Sec. 26. Compensation of jury commissioner. Sec. 27. Chapter 66, Laws of 1899, regarding the selection of jurors, repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Every male citizen of the United States over the age of twenty-one years of sound mind who has been a bona fide resident of the territory for one year of the county and district for which he may be selected or drawn for six months immediately preceding his being selected or drawn as a juror who has not been convicted of any infamous crime or subject to any of the disqualifications mentioned in the next succeeding section shall be qualified and liable to be selected, summoned and serve as grand and petit jurors in the county or district where he resides. Sec. 2. The following classes of persons and none others shall be exempt from sitting or serving as jurors in any of the courts of this territory. All persons holding any office of trust or profit in this territory by virtue of their appointment or commission from the government of the United States, or territorial, district or county offices except notary public and school director; all practicing physicians, attorneys-at-law, ministers of the gospel, professors and teachers of colleges, and other institutions of learning who are actually engaged in following their business or profession and all persons over the age of sixty years, but, no disqualification or exemption shall of itself vitiate any indictment found or any verdict rendered by any jury unless actual injury to the person complaining of the same shall be shown but such exemption shall operate as an excuse from jury service. Sec. 3. That it shall be the duty of the several judges of the district courts to summon before him in open court at least once a year in the several counties of the territory where courts are to be held and to appoint three persons of integrity and good repute, who are qualified to serve as jurors under the provisions of this act, not more than two of whom shall belong to the same political party, to constitute a jury commission for said county for a period of twelve months succeeding the date of such appointment. Sec. 4. Said jury commission shall select at least three hundred names provided there are so many persons in said county possessing the qualifications for jurors and if not then such number as the judge may order and such additional number of names as the judge of the court may direct them to select in counties having large population. For the purpose of determining how many jurors are to be selected the judge shall take into consideration the population of the counties but the number so selected shall in all cases equal one-tenth. of the voting population of said counties as shown by the last registration of voters in said county, the persons so selected shall possess the qualifications of jurors as provided by this act. The names so selected shall be entered upon a roll or in a well bound book kept for that purpose, which books shall be delivered to the clerk of the district court for the judicial district in which such county is located and said names shall be written in a clear, distinct and legible manner. Sec. 5. The said commissioners shall attach to the said list. an oath taken and subscribed by him before some person authorized to administer oath, in the form following: "We ..... ... the jury commssioners appointed to serve as a jury commission within and for the county of ... Territory of New Mexico, do solemnly swear that the foregoing list containing names of persons selected by us to form a jury list for the ensuing twelve months are persons who are liable and qualified to serve as jurors in the Territory of New Mexico so far as each of us had been able to ascertain after diligent inquiry and examination and we do further solemnly swear that we have not knowingly placed upon the said list the name of any person who is not believed by us to be liable and qualified for jury duty and that we have selected the said list impartially and to the best of our ability in accordance with provision of the jury law as explained to us by the judge of the district court, and that we have not selected any person whom we have reason to believe has any interest directly or indirectly in any suit, cause of action, criminal or civil now pending or which is liable to be under investigation or come before the said court for trial during the next ensuing twelve months and that we have not selected any person through favor or partiality, or for any other reason except to provide a list of suitable persons for jury duty in said county, and that we have placed no name on said list at the suggestion of any person other than ourselves. So help us God. Subscribed and sworn to before me this day of Sec. 6. It shall be the duty of the several boards of county. commissioners in the various counties of this territory to provide the district clerk of the judicial district within which said boards of county commissioners respectively reside, one wheel or box, constructed in part of glass in such manner that the entire contents of such wheel or box may be clearly visible when such wheel or box may be closed or locked, as hereinafter provided and also all necessary materials for sealing and locking the said wheels or boxes in accordance with the provisions of this act. Sec. 7. It shall be the duty of the district clerk to carefully preserve and protect the wheel or box so provided and any |