Page:United States Statutes at Large Volume 35 Part 1.djvu/591

SIXTIETH CONGRESS. Sess. I. RES. 22. 1908. 573 [N.22.]J"tResoltinDisal"l81¤· s ‘a‘ a 8, . assenibly of tl(idn'l‘erritor`y di New Mhrsgg 08 law enacted by the legal five ]lS§}R·ig?I _ [1>¤n>.a ,N . j Whereas_on the eleventh day of March, nmeteen hundred and three, _ as 0 22- the legislative assembly of the Territory of New Mexico passed an act g:$i¤iii$ii°°' known as chalpter thirty-three of the acts of the thirty-fifth legislative assembly of ew Mexico entitled “An act establishing the law and procedure in certain cases," as follows: "LAWS OF NEW MEXICO. THIRTY-FIFTH LEGISLATIVE c,§'jgg$$§§f,,:°* °“ ASSEMBLY. 1903. “CHAP!l'EB 33. “AN ACT ESTABLISHIJNG THE LAW AND r·1z0c1·:DUaE IN cnnram CASES. "H. B. No. 155. Passed over veto March 11, 1903. "00NTH'l'B. "Sec. 1. Civi: p injugy l’emon injured to file alfdavit w en. dismissed w en. vnso. “Sec. 2. On petition district court may imno summons for person injured to ap r in court and tile complaint. Procedure when person summoned fsiiisto answer. "Sec. 3. Unlawful ltombéeginhaction in any other State or Territory. Procedure in case suc on as been begu . "Sec. 4. When acgcion begun in any othernState or Territory district court may issue m un cn. “Sec. 5. Prodisions of this chapter not to apply in case process can not be served in this Territory. , "Sec. 6. Claim for damages may be compromised. " Whereas it has become customary for persons claiming damages for personal injuries received in this Terri ry to institute and maintain suits for the recovery thereof in other States and Territories, to the increased cost and annoyance and manifest injury and oppression of the business interests of this Territory and the derogation of the dignity of the courts thereof; therefore A/1}*Be it enacted by the legislative assembly of the Ter·mZt01gq of New e.mc0.· "Snc·rroN 1. Hereafter there shall be no civil liabilit under either *‘°' °* N°“' M°"‘°° , . y annulled. the common law or any statute of this Territory on the (part of any person or corporation for any personal injuries inflicted or eath caused b such person or corporation in this Territory, unless the person claiming damages therefor shall within ninety days after such injuries shall have been inflicted make and serve upon the person or corporation against whom the same is claimed, and at least thirty days before commencing suit to recover judglment therefor, an ailidavit w ich shall be made be ore some officer wit m this Territory who is authorized to administer oaths, in which the alliant shall state is name and address, the name of the person receiving such injuries, if such person be other than the afliant, the character and extent of such injuries in so far as the same may be known to amant, the way or manner in which such injuries were caused in so far as the afliant as any knowledge thereof, and the names and addresses of all witnesses to the happening of the facts or any part thereof causing such mjurnes as may at such time be known to atliant, and upless the person so claiming such damages shall also commence an action to_rec0ver the same within one year after such injuries occur, in the district court of this Territory m and for the county in which such injuries occur, or in and for the countiy of this Territory where the claimant or person against whom such c aim is asserted resides, or in event such claim is asserted against a corporation, in the county in this Territory where such corporation has its 80893-voL 35, Yr 1-09-38