clerk of the court in which the officer is cognizable on or before the first day of the next term thereof, except where the prisoner is committed to jail, the examination of the witnesses for or against him duly certified, sha'l according to the warrant of commitment be delivered therewith to the jailer.

SEC. 10. All criminal offenses except those cognizable before alcaldes and prefects shall be preferred by indictment of grand jury.

SEC. 11. No indictment can be found without the concurrence of at least twelve grand jurors; when so found and not otherwise, the foreman of the grand jury shall certify under his hand that such indictment is a true bill.

SEC. 12. Indictments found, and presentments made by a grand jury, shall be presented by their foreman in their presence, and shall be then filed and remain as records of such courts.

SEC. 13. All trials of criminal offenses shall be had in the county in which they were committed: Provided, When an offense shall be committed on the boundary of two counties, or within five hundred yards of such boundary, or where the persons committing the offense shall be on one side, and the injury be done on the other side of the boundary, a trial may be had in either of such counties: Provided further. That if any mortal wound shall be given, or any poison shall be administered, or any means shall be employed in any county by which any human being shall be killed, who shall die thereof in another county, the trial of such offense may be had in either county: Prorided also, That if any such wound or mortal injury shall have been inflicted in another state on any human being, who shall die thereof in the territory, a trial for such offense may be had in the county in which the death happened.

SEC. 14. A warrant may be issued for the arrest of the defendant indicted by the court in which such indictment may have been found, or by the clerk or judge thereof, or by any judge of the superior court, and by no other officers, and may be directed to, and executed in any county in this territory.

SEC. 15. Where the indictment is for a bailable offense, the defendant may be let to bail by the court in which such indictment is pending, or if such court be not sitting, by the judge thereof, or by the prefect, or any two alcaldes of the county in which the indictment is pending, and by no other officers.

SEC. 16. Whenever any person shall be let to bail, the officer taking the recognizance shall immediately file the same with the clerk of the court in which such offense is cognizable.

SEC. 17. All indictments shall be tried at the first term at which the defendant appears, unless continued for good cause.

SEC. 18. The defendant in every indietment for a criminal offense shall be entitled to a peremptory challenge of jurors, as follows: First, if the offense charged be punishable with death, to the number of twelve: second, if punishable with fine and imprisonment, or stripes, to the number of eight; third, in all cases not punishable by death, or stripes, to the number of five and

no more.

SEC. 19. The prosecutor shall have a peremptory challenge of three jurors, and

no more.

SEC. 20. A list of the jurors summoned shall be given to the defendant in all capital cases forty-eight hours before the trial. and in all other cases before the jury is sworn, if required.

SEC. 21. If any person indicted for any offense, and committed to prison, shall be brought to trial before the end of the second term of the court which shall be held after the finding of such indictment, he shall be entitled to his discharge, unless the delay happened on his apprehension.

SEC. 22. All issues of fact in a criminal case shall be tried by a jury, who shall assess the punishment in their verdict, and the court shall render a judgment accordingly.

SEC. 23. In all cases of final judgment rendered upon any indictment an appeal to the superior court shall be allowed, if applied for during the term at which such judgment is rendered.

SEC. 24. No such appeal shall stay the execution of such judgment unless the circuit court shall be of opinion that there is probable cause for such appeal, or so much doubt as to render it expedient to take the judgment of the superior court thereof, and shall make an order expressly directing that such appeal shall operate as a stay of proceedings.

SEC. 25. If the defendant, in the judg ment so ordered to be stayed, shall be in custody, it shall be the duty of the sheriff to keep the defendant in custody without executing the sentence which may have been passed, to abide such judgment as may be rendered upon the appeal.

SEC. 26. In all cases where an appeal is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death, or imprisonment for life. the court which is authorized to order a stay of proceedings under the preceding provision, may admit the defendant to bail upon a recognizance with sufficient securities to be approved by such court, conditioned that the defendant shall appear in the superior court at the next term thereof. to receive the judgment on the appeal, and abide its decision, render himself in execution, and obey every order and judg ment which may be made in the premises.

SEC. 27. The territory shall be allowed an appeal in criminal cases, only in the

cases, and under the circumstances mentioned in the next succeeding section.

SEC. 28. When any indictment is quashed or adjudged insufficient on demurrer, or judgment is arrested, the circuit court may cause the defendant to be committed or recognized to answer another indictment, or an appeal to the superior court shall be granted if the prosecuting attorney desire it.

SEC. 29. If an appeal be granted, the circuit court shall order the defendant to be committed or recognized, and the commitment or recognizance shall be to the same effect as when the defendant himself is the appellant.

SEC. 30. When an appeal shall be taken which operates as a stay of proceedings, it shall be the duty of the clerk of the circuit court to make out transcript of record in the cause, and certify and return the same to the office of the clerk of the superior coart without delay.

SEC. 31. When the appeal does not operate as a stay of proceedings, such transcript shall be made out, ratified, and returned on the application of the appellant. SEC. 32. No assignment of error, joinder in error, upon any appeal in any criminal case shall be required.

or

SEC. 33. When an appeal is taken by the party indicted, if the superior court affirm the judgment of the circuit court, it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly: if the judgment be reversed, the superior court shall direct a new trial. or that the defendant be absolutely discharged, according to the circumstances of the case.

SEC. 34. When the appeal has been taken by the territory, if the judgment of the circuit court be affirmed, the party shall be discharged: if reversed, the superior court shall direct the circuit court to enter up judgment upon the verdict rendered, or when no judgment has been rendered. to proceed to trial on the indictment.

SEC. 35. The circuit court to which any criminal case shall be rendered for a new trial, shall proceed thereon in the same manner as if said cause had not been rendered to the superior court.

REGISTER OF LANDS.

SECTION 1. An office called the office of the register of lands is established which shall be kept at the City of Santa Fe.

SEC. 2. Until otherwise directed by law, the duties of said office shall be discharged by the secretary of the territory.

SEC. 3. The register shall procure for the use of his office large well bound books, wherein shall be recorded, in fair legible hand, all instruments of writing herein required to be recorded.

SEC. 4. It shall be the duty of the register of lands to record all papers and docu

ments of and concerning lands and tenements situated in this territory, which were issued by the Spanish and Mexican governments, remaining in the archives of the secretary of the territory, or which were in any of the offices of the department of New Mexico under the Mexican government.

SEC. 5. Every person claiming lands in this territory, by virtue of any Spanish or Mexican grant, may deliver to the register of lands a notice in writing stating the nature and extent of his claim, and shall also at the same time deliver to the register of lands, for the purpose of being recorded, the grant, order of survey, deed of conveyance, or other written evidence of his claims, and the same shall be recorded by the register, for which the party shall pay him twelve and one-half cents per hundred words contained in such written evidence of the claims.

SEC. 6. When there is no written evidence of the claim the claimant may take evidence in writing, before some officer having authority to administer oaths showing the nature and extent of his claim, how much of the land claimed has been actually cultivated and inhabited by himself, and those under whom he claims, and for what length of time; and also as to any grant, deed or conveyance relating to said land having ever existed, or any record thereof having ever been made, and as to the loss or destruction of the same, and how and when such loss and destruction happened. If any person shall neglect to deliver such evidence and notice of his claim as prescribed in this and the preceding section, within five years from the first day of January such claim shall be void.

SEC. 7. The register of lands shall communicate to the governor, or either house of the general assembly, such information relating to his office as may be called for by them respectively, he shall also transmit to the commissioner of the general land office at the City of Washington, once a year. beginning on the first day of January, 1848, a fair abstract of all lands claimed as aforesaid, for which services he shall be paid ten cents per hundred words contained in the said abstract, by the United States.

SEC. 8. The register of lands shall procure, keep and use a seal of office, and shall furnish every person desiring it, a certified copy of any record or paper in his office authenticated by such seal, and shall receive for every copy at the rate of ten cents for every hundred words contained in it and one dollar for the certificate and seal, to be paid by the applicant.

SEC. 9. The register of lands shall faithfully keep all records, books, papers and effects committed to his care, and shall not permit any book or paper to be taken out of his office unless the same be called for by the governor, the general assembly, or

the constituted authorities of the United States.

SEC. 10. Nothing contained in the fifth and sixth articles of this law shall be taken to include infants, married women, persons of unsound mind, nor those without the government of the United States, while such disabilities continue.

SEC. 11. For every willful neglect of duty or willful violation of laws in his office, the register of lands may be indicted and upon conviction shall be removed from office and fined not exceeding one hundred dollars.

RECORDS AND SEALS.

SECTION 1. The superior and circuit courts and the court of the prefect shall procure and keep a seal with such emblems and devices as the court shall think proper.

SEC. 2. The impression of the seal of any court by stamp shall be a sufficient sealing in all cases where sealing shall be required.

SEC. 3. When no seal is provided, the clerk may use his private seal for the authentication of any record, process or proceeding required by law to be authenticated by the seal of his office.

SEC. 4. All of said courts shall keep just and faithful records of the proceedings in English and Spanish.

SEC. 5. Every alcalde shall keep a docket in which he shall enter: First, the titles of all causes commenced before him; second, the time when the first process was issued against the defendant, and the particular nature thereof: third. the time when the parties appear before him; fourth, every adjournment, stating at whose request and at what time: fifth, the time when the trial was had: sixth, the verdict of the jury: seventh, the judgment rendered by the alcalde, and the time rendering the same: eighth, the time of issuing execution, and the name of the officer to whom it was delivered: ninth, the fact of an appeal being allowed.

REVENUE.

SECTION 1. No person shall directly or indirectly sell any spirituous liquors or wine, without a license as a grocer or dramshop keeper.

SEC. 2. No person shall deal as a merchant without a license first obtained according to law.

SEC. 3. No person shall deal as a peddler without a license.

SEC. 4. No person shall keep, or permit to be used and kept, any billiard table without a license.

SEC. 5. No person shall carry on the business of distilling liquors from wheat, corn, or any grain, nor shall under any pretense keep such distillery, or suffer or permit any spirituous liquor to be made or distilled from wheat, corn, or any other

grain on his or her account, or suffer or permit any such liquor to be made or distilled from wheat, corn, or any other grain in any still belonging to him or her, or under his or her control, without a license.

SEC. 6. A dramshop keeper is a person permitted by law to sell wine or spirituous liquors in a less quantity than one quart to be drank at the place of sale.

SEC. 7. A grocer is a person permitted as aforesaid, to sell goods, wines and merchandise, all kinds of dry goods excepted. and intoxicating liquors and wine, in a quantity not less than one quart, not to be drank at the place of sale.

SEC. 8. A merchant is a person, permitted as aforesaid, to deal in selling goods, wares and merchandise, at any store, stand, or place occupied for that purpose.

SEC. 9. A peddler is a person, permitted as aforesaid, to deal in the selling of goods. wares, and merchandise, other than of the growth, produce, or manufacture of this territory, by going from place to place to sell the same.

SEC. 10. Upon every license to keep a billiard table, there shall be levied a tax for territorial purposes of thirty dollars for each table, for every period of six months.

SEC. 11. Upon every license to a grocer or dramshop keeper, there shall be levied a tax of not less than ten, nor more than fifty dollars, for every period of six months.

SEC. 12. Upon every license to a merchant, there shall be levied as follows: Where the amount of merchandise received for sale for the last six months preceding the granting of the license, does not exceed the sum of one thousand dollars, a tax of fifteen dollars for every period of six months.

SEC. 13. Where the amount of merchandise received as aforesaid exceeds in value one thousand dollars, but is less than three thousand dollars, the sum of twenty dollars for every period of six months.

SEC. 14. Where the amount of merchandise received as aforesaid, is as much in value as three thousand dollars, but less than six thousand dollars, the sum of thirty dollars for every period of six months.

SEC. 15. Where the amount of merchandise received for sale as aforesaid, shall exceed in value six thousand dollars, a tax of forty dollars, for every period of six months.

SEC. 16. Before any person shall receive a license as a grocer, or as a merchant he shall deliver to the collector of the proper county an aggregate statement in writing. of the amout of all goods, wares and merchandise except such as are the growth, produce or manufacture of this territory, received at his grocery, store, shop, stand or warehouse for sale, for the last six months

preceding the application for such license: such statement shall be signed and sworn to by the person making application for such license, or some credible person for him.

SEC. 17. There shall be levied on all peddler's license, a territorial tax of the following rates: First, if the peddler travel and carry his goods on foot, five dollars for every period of six months: second, if on one or more beasts of burden, five dollars for every horse or beast of burden, for every period of six months: third, if in a cart or other hand carriage, eight dollars for every period of six months.

SEC. 18. The several prefects are empowered to levy such sums as may be necessary annually to defray the expenses of their respective counties, by a tax upon all property and licenses made taxable by law for territorial purposes: but the county tax shall in no case exceed the territorial tax on the same subjects of taxation more than one hundred per cent. for the same time.

SEC. 19. There shall be levied on all distillers' licenses. twenty-five dollars for each still he may use for every period of six months.

SEC. 20. The clerk of the prefect shall issue as many blank licenses for billiard tables, dramshops, groceries, merchants, peddlers, and distilleries as the prefect may direct. Such clerk shall deliver to the collector of his county all licenses so issued, and charge him therewith, in a book to be kept for that purpose.

SEC. 21. Each collector, at each regular term of the court of the prefect of his county shall return: First, all blank licenses not granted by him: second, a list of licenses granted by him, and not before accounted for, showing the names of the persons to whom granted, the amount of taxes collected on each, and the commencement and termination of each license granted by him: third, the aggregate statements of the amount of merchandise sworn to and delivered to him, by the person or persons to whom license was granted.

SEC. 22. The prefect, at each regular term of his court shall settle and adjust the account of collector of licenses delivered to him under the provisions of this law, giving him credit for all blank licenses returned, and charging him with all licenses not returned, according to the aggregate statements required to be returned by the third sub-division of the next preceding section.

SEC. 23. If the collector shall fail to return a number of such aggregate statements corresponding in numbers with the licenses not returned, the prefect shall for each license not returned, charge him in such settlement the sum of two hundred dollars.

SEC. 24. The prefect on ascertaining the amount received by the collector for licenses and taxes for which he shall become chargeable under this law, shall cause his

clerk at each term to certify to the auditor of public accounts the amount so charged against the collector of the county.

SEC. 25. No license granted in virtue of this law shall authorize any person to carry on the business authorized by such license in any other county than the one in which the license was granted, nor at more than one place in the proper county at the same time, nor for a longer period than six months.

SEC. 26. At the time of granting a license the sheriff shall collect in addition to the sums aforesaid, the sum of fifty cents, the clerk's fee. SEC. 27. Every collector shall receive as a full compensation for his services for collecting the revenue, two per centum upon all sums so collected.

SEC. 28. Every collector of the revenue, having made settlement according to law of county revenue by him collected or received, shall forthwith pay the amount found due from him, into the county treasury and the clerk of the prefect shall give him a receipt therefor under the seal of the court.

SEC. 29. Every collector shall annually on or before the first Monday in December, pay into the territorial treasury, the whole amount of revenue with which he may stand charged, deducting his commission; and the treasurer shall give him duplicate receipts for the amount paid; one of which shall be deposited with the auditor within five days after its date.

SEC. 30. Every collector who shall fail to make payment of the amount due from him, in the time and manner prescribed in the preceding sections, shall forfeit two and a half per cent. per month on the amount wrongfully withheld, to be computed from the time the amount ought to have been paid, until actual payment.

SEC. 31. When any person shall be found keeping a billiard table, dram shop, grocery, distillery, or vending goods as a merchant or peddler, contrary to the provisions of this law, every sheriff, collector, coroner, and constable shall, and any other person may, give information thereof to the prefect of the county without delay.

The prefect shall issue his warrant directed to the sheriff or the constable of the county, and cause the offender to be arrested and brought before him, and shall determine the offense in a summary manner and assess the punishment, which shall be not more than five hundred dollars, nor less than fifty dollars.

SEC. 32. Appeals may be taken from all such judgments of the prefects to the circuit court, but no such appeal shall be allowed unless it be taken on the day of trial.

county in this territory, who shall hold his office for two years, and until his successor be appointed and qualified.

SEC. 2. Every sheriff shall within fifteen days after he receives such appointment, give bond to the territory in a sum not less than one thousand nor more than fifty thousand dollars, conditioned for the faithful discharge of his duties, with securities, to be approved by the circuit judge, which bond shall be filed in the office of the clerk of the circuit court of the county of which he is sheriff.

SEC. 3. All process issued by the clerk of the circuit court, and by the clerks of the prefects, shall be directed to the sheriff of their respective counties, who shall execute such process according to law, and shall attend upon such courts during their sittings.

SEC. 4. The sheriff shall be conservator of peace within his county, shall supress assaults and batteries, and apprehend and commit to jail all felons and traitors, and cause all offenders to keep the peace, and to appear at the next term of court and answer such charges as may be preferred against them.

SEC. 5. If any sheriff shall detain any money collected by him, by virtue of his office, after the same shall have been demanded, he shall be removed from his office by the circuit court, on motion founded on charges exhibited: a notice of the motion and a copy of the charges shall be served on him, at least ten days before the day on which the motion is made.

SEC. 6. A jury may be summoned to determine the truth of the charges if they are denied, or the whole may be submitted to the determination of the court at the option of the accused.

SEC. 7. The sheriff of each county shall be ex-officio collector of his county and shall before entering on his duties as such collector, enter into a bond to the territory, to be approved by the prefect, in a sum at least double the amount of the revenue to be collected by him, conditioned that he will faithfully collect and pay over all the revenue for the two ensuing years, and that he will faithfully perform all the duties of the collector according to law, and shall render an account to the prefect at his November court in each year, and pay over to the county treasurer whatever may be due the county and the territorial treasurer, whatever may be due to the territory, in one month after such settlement, and on a failure to do so, he may be removed from office in like manner as the sheriff.

TREASURY DEPARTMENT. SECTION 1. The territorial treasurer, and the auditor shall keep their offices at the seat of government, and they shall be commissioned by the governor, and shall before entering on the discharge of their

duties respectively, execute and deliver to the governor a bond to the territory in a sum of at least three thousand dollars, to be approved by the governor, conditioned for the faithful discharge of the duties required, or which may be required of them by law.

SEC. 2. The governor shall indorse on the bond his approval thereof stating the time of his approval, and deliver the same to the secretary, who shall record and keep the same in his office.

SEC. 3. The auditor of public accounts shall audit, adjust and settle all claims against the territory, payable out of the treasury: he shall draw all warrants on the treasury for money: he shall express in the body of every warrant the particular fund appropriated by law out of which the same is to be paid: audit, settle and adjust the accounts of all collectors of revenue, and other holders of public moneys who are required by law to pay the same into the public treasury: keep an account between the territory and the territorial treasurer: report to the general assembly at the commencement of each regular session, a full and detailed estimate of the revenues and expenditures for the two succeeding years. and a tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended.

SEC. 4. All collectors of revenues and others bound by law to pay money directly into the treasury, shall exhibit their accounts and vouchers to the auditor on or before the first Monday in December of each year to be audited, adjusted and settled, and every such officer shall be allowed five cents for every mile they may necessarily travel in going to the seat of government, and returning to their residences, for the purpose of settling with the auditor, and paying the revenue into the territorial treasury.

SEC. 5. The auditor whenever he may think it necessary to the proper settlement of any account, may examine the parties. witnesses or others, on oath or affirmation, touching any matter material to be known in the settlement of such accounts, and for the purpose may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner, and the same means as are allowed to courts of law.

SEC. 6. The treasurer shall receive and keep all moneys of the territory, except when otherwise especially provided, disburse the public moneys upon warrants drawn upon the treasury according to law. and not otherwise, keep a just, true and comprehensive account of all moneys received and disbursed, render his accounts to the auditor quarterly, or oftener if required, report to each house of the general assembly within ten days after the commencement of each regular session, a de