Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-01
SOME NEW LAWS.
Acts of the 2Sth Assembly OF Interest to
the People.


cd An act in reference TO the Offices Of
solicitor general and district attorneys
\ and for other purposes.
a Section 1.-The Office of attorney gen
, eral is hereby vacated and abolished aid
the law creating the same is hereby re-
! pealed,
, Sec. 1.-The office OF solicitor general
is hereby created, and the governor shall,
/ after the lst day of October, A. d. 1889,
appoint as solicitor general some person
! learned in the law, who shall reside at
l the capital and who shall have been bona
! tide resident of the territory for the three
years next preceding his appointment.
He shall hold his office until the lst day
OF February, A. d. 1891, and until his
successor shall be appointed unqualified,
and at each session of the legislative as
sembly hereafter held the governor shall
by and with the advice and consent OF
the legislative council, appoint solicitor
general having the qualifications above
required, who shall hold his Office for two
years and until his successor shall be APP
pointed and qualified.
Sec. 3.-It shall be the duty Of the
solicitor general, when requested to give
his opinion in writing upon any question
OF law submitted to him by the legislative
assembly, or either branch thereof, the
governor, secretary, auditor, treasurer,
any other territorial official, and the sew
eral district attorneys in the territory, on
any subject pending before them, or
under their control, with which they have
to deal officially, or with reference to
their duties in office, he shall, when re-
quested by any territorial officer, prepare
forms for contract, bonds, and other in
truments of writing which may be required
for the use of the territory. He shall pros
ecute and defend all causes and proceed
| lngs i'll the supreme court in which the
territory may be party or interested. 1t
shall be his duty to attend and assist in
the trial and prosecution of any murder
on any indictment in any county, on the
direction of the governor, at the request of
the judge of the court in which the trial
may be had. And when required he shall
report to the governor or legislative as
semby any business pertaining to his Of
flee. He shall also, on the request of the
auditor or treasurer institute and pros
ecute suits against delinquent tax collect
ors, either at Santa Fee county or at the
county where such tax collector resides.
And he shall do and perform all other
duties and fill and act OH all commissions
and bonds now required or authorized by
law to be done, performed, filled or acted
on by the attorney general.
Sec. 1.-THE solicitor general shall re-
ceive a salary of $4,000, per annum, pay
able quarterly on the warrant of the
auditor.
Sec. 5.-There shall be a district attor-
ney, learned in the law elected by the |
Legislative council for the following coun-
ties, to-wit: One for the county of San
Miguel, one for the counties of Colfax and
Taos, one for the counties of Santa Fe |
Rio Arriba and San Juan, one for the
counties of Grant and Sierra, one for the
counties OF Dona Ana, Socorro and Lin
coin and the one now provided by law
for the I'd judicial district, who shall |
hereafter act as district attorney only for .
the counties of Bernalillo and Valencia,
each of whom shall reside in some one OF
the counties for which they are district
attorneys, and shall have been resident
of the territory for three years next pre-.
ceding his appointment, each Of whom
shall hold his respective office until the
LIST day of January, A. d. 1891, and until
his successor shall be appointed and
qualified, and at each session of the legis-
lative assembly hereafter held the gov
ernor shall, by and with the advice and
consent of the legislative council, appoint
a district attorney for each set of counties
as above designated, who shall have the
qualifications above specified and who
shall hold his office for two years and I'M
til his successor shall be appointed by
and with the advice and consent of the
legislative council and duly qualified. The
president OF the council shall give the dis
trict attorney elected by the council GER
tificate thereof, which shall be his author
ty to act and discharge the duties
thereof
Sec. Ct shall be the duty of the said
district attorneys to prosecute and defend
Tor the territory in all courts of the coun-
ties for which they are hereby made dis
trict attorneys, all causes criminal and
civil in which the territory or any county
Tor which he may be such district attor-
ney may be party or may be interested
Or concerned, and shall represent the
county before the board of county COM
mlssloners OF any county for which he
may be the district attorney, and shall,
upon request, give his opinion in writing
Of any matter of law which may arise be-
lore the board ofcounty commissioners or
any county officer with reference to their
1uties or with reference to any matter
pending before them or in connection
with the business Of the county of their
office, and shall further perform all other
1uties in their counties now required by
aw of district attorneys.
Sec. Said district attorneys shall re-
,eive each salary OF $500 per year, to be
paid by the territorial treasurer quarterly
On the warrant of the auditor, and all fees
now fixed by law for district attorneys,
except that no fees shall be paid by the
territory other than on an indictment for
felony where there shall be conviction
and sentence OF the defendant, and no
new trial granted; but Oh any trial for
felony where the defendant may be ac-
quilted, the court may order the fees al
lowed by law to be paid by the territory,
when in the opinion of the court, the serv-
ices of the district attorney in such case
shall warrant it; provided, if the defendant
in cases OF conviction of felony have means
to pay the costs, the same must be collect
ed from him, or an execution returned
nula bona before collecting from the ter
ritory, and if subsequently collected from
the defendant, then the same shall be re-
funded to the territory if paid by it.