which this is a supplement [page 668, Revision of 1877], and notice thereof shall have been given by such owner or owners to the master-workman or contractor as required by said section, and said master-workman or contractor shall, within five days after receiving the notice aforesaid, notify in writing the journeyman, laborer or person who has furnished materials that he disputes his or their claim and requests him or them to establish the same by judgment, the owner shall not pay the claim until it is so established; Provided, The master-workman or contractor shall notify him in writing that he has given the aforesaid notice to said journeyman, laborer or material-man.

SEC. 5. If the owner or owners of any building or other property which, by the act to which this is a supplement [page 668, Revision of 1877] or the various supplements and amendments thereto, is made the subject of liens for or toward the construction, altering, repair or improvement of which labor or services have been performed or materials furnished by contract, duly filed, shall, for the purpose of avoiding the provisions of the act to which this is a supplement, or the various supplements and amendments thereto, or in advance of the terms of such contract, pay any money or other valuable thing on such contract, and the amount still due to the contractor, after such payment has been made, shall be insufficient to satisfy the notices served in conformity with the provisions of the act to which this is a supplement, or the various supplements or amendments thereto, such owner or owners shall be liable in the same manner as if no such payment had been made.

SEC. 7. In all cases journeymen or laborers shall have priority and preference over any employers of labor, contractors or material-men for the payment of wages, without reference to the date when said journeymen or laborers shall have filed the lien or served the notices provided for in the act to which this act is a supplement [page 668, Revision of 1877] or the several supplements or amendments thereto.

CHAPTER 341.-Arbitration of labor disputes.

SEC. 1. Samuel S. Sherwood, William M. Doughty, James Martin, Charles A. Houston, Joseph L. Moore, be and they are hereby constituted a board of arbitration, each to serve for the term of three years from the approval of this supplement, [to chapter 137, acts of 1892] and each arbitrator herein named shall receive an annual salary of twelve hundred dollars per annum, in lieu of all fees, per diem compensation and mileage, and one of said arbitrators shall be chosen by said arbitrators as the secretary of said board, and he shall receive an additional compensation of two hundred dollars per annum, the salaries herein stated to be payable out of moneys in the state treasury not otherwise appropriated.

SEC. 2. In case of death, resignation or incapacity of any member of the board, the governor shall appoint, by and with the advice and consent of the senate, an arbitrator to fill the unexpired term of such arbitrator or arbitrators so dying, resigning or becoming incapacitated.

SEC. 3. The term of office of the arbitrators now acting as a board of arbitrators, shall upon the passage of this supplement cease and terminate, and the persons named in this supplement as the board of arbitrators shall immediately succeed to and become vested with all the powers and duties of the board of arbitrators now acting under the provisions of the act of which this act is a supplement.

SEC. 4. After the expiration of the terms of office of the persons named in this supplement, the governor shall appoint by and with the advice and consent of the senate their successors for the length of term and at the salary named in the first section of this supplement.

CHAPTER 357.-State reformatory-Convict labor.

SEC. 20. * * * criminals may be employed in agricultural or mechanical labor as a means of their support and reformation; the system of labor shall be that known as the "piece-price plan" or "public account system," as provided for in the act approved April eighteenth, one thousand eight hundred and eighty-four, entitled "An act to provide for the employment of the inmates of any prison, penitentiary, jail or public reformatory institution located within the State" [supplement of 1886, page 969], or partly by one system and partly by the other, as shall be in the discretion of the board of managers deemed best.

SEC. 23. After the completion of the main building and one wing of the reformatory, the labor necessary for the construction of shops and the inclosures of the grounds upon which the reformatory is located, and for the completion of the unfinished portions of the reformatory, shall be performed by the inmates, as far as may be practicable, and it shall be the duty of the principal keeper of the state

prison to select such number of inmates from the state prison as shall, as nearly as may be, come within the twentieth section of this act, as to age and crime, and transfer the same to the reformatory, as shall be requested by the board of managers of the reformatory, to labor on the unfinished inclosure or the buildings or the shops, as may be best adapted for the kind of mechanical labor required; and the actual expense for such transfer shall be audited by the comptroller and paid by the treasurer of the State when the same shall be approved by the governor.

NEW MEXICO.

COMPILED LAWS OF 1884.

TITLE 7.-Convict labor.

SECTION 479. The sheriff of each county, on receiving any person into his custody, in case such person has to remain in jail, although not under sentence, it shall be the duty of said sheriff to ascertain whether such person has the means of supporting himself, and if not, it is the duty of the said sheriff to supply him with the means of support, and to procure him employment in order that he subsist by his labor, and in case employment cannot be procured for him, he shall be employed by said sheriff in cleaning the streets, or at any other public work, and in such case he shall be supported at the expense of the county

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SEC. 485. It shall be the duty of the sheriff of each county within said Territory, upon receiving any person under his custody as jailor, and conformably to the contents of the previous section, if the person detained shall not furnish food necessary to sustain life, to employ him in labor upon any public work of his county, or to hire him out in order that by his labor he may be subsisted.

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SEC. 487. All prisoners convicted of crime and sentenced to the county jail as a punishment shall be compelled by the sheriff or jailor of each county in the Territory to labor during the term of his or her sentence at some useful employment during the term of such sentence; unless such prisoner is absolutely unfitted for labor by reason of age or sickness. And it shall be lawful to secure such prisoners by ball and chain or otherwise, or other proper and convenient means not amounting to cruel or inhuman treatment, so to prevent their escape.

TITLE 9.-Convict labor.

SEC. 677 (as amended by chapter 17, acts of 1888-89). In all cases of imprisonment in the county jails of this Territory, it shall be lawful for the jailors to compel prisoners after conviction to labor at some useful employment,

TITLE 9.-Sunday labor.

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SEC. 933 (as amended by chapter 26, acts of 1886-87). Any person or persons who shall be found on the first day of the week called Sunday, engaged * * in any labor, except works of necessity, charity, or mercy, shall be punished by a fine not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court.

SEC. 934. It shall be lawful in cases of necessity for farmers and gardeners to irrigate their lands, and when necessary to preserve the same to remove grain, and other products, from the fields on said day; and nothing in this act shall be construed to prevent cooks, waiters, and other employees of hotels and restaurants, and of butchers and bakers, from performing their duties on said day.

SEC. 936. Sunday, for the purposes of this act, shall be regarded as the time between sunrise and midnight of said day.

TITLE 10.-Earnings of married women.

SEC. 1087. * * * any married woman may, during coverture, receive, take, hold, use, and enjoy property of any and every description, and all avails of her industry, free from any liability of her husband on account of his debts, as fully as if she were unmarried.

TITLE 24.-Mechanics' liens.

SEC. 1519. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.

SEC. 1520. Every person performing labor upon, or furnishing materials to be used in the construction, alteration, or repair of any mining claim, building, wharf,

bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, or aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each, respectively, whether done or furnished at the instance of the owner of the building, or other improvement or his agent; and every contractor, subcontractor, architect, builder, or other person having charge of any mining, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner, for the purposes of this act.

SEC. 1521. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in, or otherwise improves the same, or the street in front of, or adjoining the same, has a lien upon such lot for his work done and materials furnished.

SEC. 1522. The land upon which any building, improvement, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing the materials for the same, the land belonged to the person who caused said building, improvement or structure to be constructed, altered, or repaired, but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien.

SEC. 1523. The liens provided for in this act are preferred to any lien, mortgage or other incumbrance which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished; also to any lien, mortgage, or other incumbrance of which the lien holder had no notice, and which was unrecorded at the time the building, improvement, or structure was commenced, work done, or the materials were commenced to be furnished.

SEC. 1524. Every original contractor, within ninety days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this act, must within sixty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file for record with the county recorder of the county in which such property or some part thereof is situated, a claim containing a statement of his demands, after deducting all just credit and offset, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person.

SEC. 1525. In every case in which one claim is filed against two or more buildings, mining claims, or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mining claims or other improvements; otherwise, the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated as against other creditors having liens, by judgment, mortgage, or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are situated.

SEC. 1526. The recorder must record the claim in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed; and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.

SEC. 1527. No len provided for in this act binds any building, mining claim, improvement or structure for a longer period than one year after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same; or, if a credit be given, then six months after the expiration of such credit; but no lien continues in force for a longer time than two years from the time the work is completed by any agreement to give credit.

SEC. 1529. Every building or other improvement mentioned in section 1520, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this act; unless such owner or person having or claiming an interest therein shall, within three days after he shall have obtained knowledge of the construction, alteration, or repair, or the intended construction, alteration, or repair, give notice that he will not be responsible for the same, by posting a notice in

writing to the effect, in some conspicuous place upon said land, or upon the building or other improvement situated thereon.

SEC. 1530. The contractor shall be entitled to recover upon a lien filed by him only such amount as may be due to him according to the terms of his contract, after deducting all claims of subcontractors under him who have filed liens for work done and materials furnished, as aforesaid, and in all cases where a lien shall be filed, under this act for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action the owner may withhold from the contractor the amount of money for which lien is filed, and in case of judgment against the owner, or his property, upon the lien, the said owner shall be entitled to deduct from any amount due, or to become due, by him to the contractor the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor any amount so paid by him, the said owner, in excess of the contract price, and for which the contractor was originally the party liable.

SEC. 1531. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien, or class of liens, which shall be in the following order, viz:

First-All persons other than the original contractors and subcontractor.
Second-The subcontractors.

Third-The original contractors.

And the proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank, and whenever, on the sale of the property subject to the lien there is a deficiency of proceeds, judgment may be docketed for the deficiency in like manner, and with like effect as in actions for the foreclosure of mortgages.

SEC. 1532. Any number of persons claiming liens may join in the same action, and when separate actions are commenced the court may consolidate them. The court may also allow, as part of the costs, the moneys paid for filing and recording the lien, and reasonable attorney's fee in the district and supreme courts.

SEC. 1533. Whenever materials shall have been furnished for use in the construction, alteration or repair of any building or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration or repair of such building, mining claim or other improvement. SEC. 1534. Nothing contained in this act shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover such debt against the person

liable therefor.

SEC. 1536. All artisans and mechanics shall have a lien on things made or repaired by them, for the amount due for their work, and may retain possession thereof until said amount is paid; and a voluntary parting with the possession of the thing shall be deemed a waiver of the lien.

SEC. 1538. No person shall be entitled to a lien who has taken collateral security for the payment of the sum due him.

SEC. 1539. Whenever any person wishes to proceed against any property upon which he has lien, he may commence his suit in the ordinary form, and shall have judgment against the original debtor for the amount that shall be found due him, and upon said judgment execution shall issue as in other cases, for the sale of the property on which said lien has attached, and if said property does not satisfy said execution, other property of said defendant may be executed and sold to satisfy the same.

SEC. 1541. All liens shall take effect as to the different persons who may have liens, from the time of filing the same for record, priority in time giving priority in right, should the property not be of sufficient value to pay all the liens created on it.

TITLE 26.-Coal mine regulations and inspection.

SEC. 1575. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine or mines, on a scale of one hundred feet to the inch.

SEC. 1576. A true copy of which map or plan shall be kept at the office of the owner or owners of the mine open to the inspection of all persons, and one copy of such map or plan shall be kept at the mines by the agent or other persons in charge of the mines, open to the inspection of the workmen.

SEC. 1577. The owner or owners or agents of every coal mine shall provide at least two shafts, slopes or outlets, separated by natural strata of one hundred and fifty feet in breadth, by which shafts, slopes or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine. SEC. 1578. The owners or agents of every coal mine shall provide and establish for every such coal mine an adequate amount of ventilation of not less than fiftyfive cubic feet per second of pure air, or thirty-three hundred feet per minute for every fifty men working in such coal mine, and as much more as the circumstances require, which shall be circulated through the face of every working place throughout the entire mine, to dilute and render harmless and expel therefrom the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for inen to work therein and be free from danger to the health and lives of the men by reason of said noxious and poisonous gases, and all workings shall be kept clear of standing gas.

SEC. 1579. To secure such ventilation in every such coal mine, the owner or agent in charge shall employ a competent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air ways, traveling ways, the pumps and tanks, the timbering, to see as the miners advance in their excavations that all loose coal, slate or rock overhead is carefully secured against falling, and to provide for the health and safety of the men employed therein; over the arrangements for signaling from top to bottom, and from bottom to top of the shaft or stope, and all things appertaining to the safety of the men employed in such mine. He or his assistants shall examine carefully the workings of all mines generating explosive gases every morning, and at all other times when necessary before the miners enter, and shall ascertain that the mine is free from danger, and the workmen shall not enter the mine until such examination has been made and reported and the cause of danger, if any, be removed.

SEC. 1580. The overseer shall see that the hoisting machinery is kept constantly in repair, and ready for use to hoist the workmen out of the mine.

SEC. 1581. The word " "owner as used in this act shall apply to lessee as well. SEC. 1582. For every injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions, a right of action shall accrue to the party injured for any direct damages he or she may have sustained thereby before any court of competent jurisdiction.

SEC. 1583. For any willful failure or negligence on the part of the overseer of any coal mine, he shall be liable to conviction of a misdemeanor and punished according to law: Provided, That if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter.

SEC. 1584. All boilers used for generating steam in and about the mine shall be kept in good order, and the owner or agent in charge of such mine shall have them inspected by some competent boiler maker as often as once in every three months.

SEC. 1585. This act shall not apply to the opening of new coal mines.

TITLE 41.-Exemption from taxation.

SEC. 2808. The following classes of property shall be exempt from taxation: the property of the head of a family not exceeding $300 in value, and any

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other property that may be expressly exempted by other statutes.

ACTS OF 1886-87.

CHAPTER 34.-Medical attendance, etc., to be provided for employees of smelting works.

SECTION 1. Whenever any employee of any corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico, shall become disabled and rendered unfitted for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employee's performance and proper discharge of said employee's duties in and about said smelting works, said employee shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense of said corporation, person or persons so employing him.

SEC. 2. If any such corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico shall fail to provide such employee with all proper medical attendance, medicines and sustenance during such disability of said employee, then the reasonable expense of providing such employee with all proper medical attendance, medicines and sustenance