4. The Executive branch of the government of this territory is vested in a governor, who holds his office for four years and until his successor is appointed and qualified, unless sooner removed by the president of the United States. He must reside in the territory ; is commander-in-chief of the militia thereof ; may grant pardons, remit fines and fcrfeitures for offences against the laws of the territory, and reepites for offences against the laws of the United States until the decision of the president can be made known; shall commission all officers who shall be appointed to office under the laws of said territory, when by law such com mission shall be required, and shall take care that the laws be faithfully executed. He can neither approve nor veto any act of the legislature.
The secretary of the territory holds his office for four years, subject to removal by the president of the United States. In case of the death, removal, resignation, or absence of the governor fr.= the territory, he is authorized and required to execute and perform the powere and duties of the governoi during ench vacancy or absence.
The judicial power of the territory is vested in a supreme court, distriot courts, probate courts, and justices of the peace.
The supreme court consists of a chief juetice and two associate justices, who hold a term at the seat of government annually, and hold their office for four yeare, subject to removal by the president of the United States.
5. A district court is holden, in each of the three districts into which the territory is divided for the purpose, by one of the justices of the supreme court, who must reside in the district assigned to him by the legislative assembly. Each of said district courts has and exercises the same jurisdic tion, under the constitution of the United States and the laws of said territory, as is vested in the cirouit and district courts of the United States. Writs of error and appeal may be taken from the district to the supreme conrt, and from the supreme court of the territory to the supreme court of the United States, where the amount in controversy exoeeds two thousand dollars. Each court appoints its own clerk.
The county commissioners, three in each county, are eleoted by the people of the county, for three years. They are so classified that one goes out of office each year. They have the general care of the county buildings and finances, divide the county into eleotion-precincte, and take charge of the county poor.
Justices of the peace, one or more, if authorized by the county commissioners, are elected annually by the voters of each election-precinct. They have jnrisdiction in all actions founded on contract, where the sum involved is not over one hundred dollars, for injury to real or personal property, for detainer of personal property, for penalty where the amount does not exceed one hundred dollars, for foreclosure of mortgage, or enforcement of lien on personal property, of forcible entry and detainer, to try right to ruining claims. A jury of six may be demanded by either party, and an appeal lies from the decision of the justice to the circuit conrt. They have also a criminal jurisdiction where the penalty does not exceed thirty dollars. For the rest of the judicial system as established by the organic act, see NEW MEXICO.
6. A delegate to the house of representatives of the United States, to serve for the term of two years, who must be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who is en titled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the house of representatives.
By the territorial legislature, all common-law forms of action, and all distinctions between law and equity, are abolished, and there can be but one form of action to establish and enforce private rights, which is called a civil adieu. State. W. T. 1854, p. 131.
Beal estate descends as follows : To the children of the intestate in equal shams; or to the issue of his deceased children.
If he dies leaving no iesue, to the father. Leaving no issue, or father, in equal shares to his brothers, and sisters, and mother.
Leaving no lame, father, brother, or sister, to his mother, to the exclusion of the issue of hie de ceased brothers or sisters.
Leaving no issue, father, mother, brother, or sister, his estate d ascends to his next of kin in equal degree, excepting that when there are two or more eollate ral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor are preferred.
If any person die leaving several children, or leaving one child and the ieeue of one or more others, and any such eurviving ebild die under age a,nd not having been married, all the eetate that came to the deceased child by inheritance from such deceased parent descends in equal shares to the other children of the same parent, and to the issue of any such other children who have died, by right of representation.
If at the death of such child who diee under age, not having been married, all the other chil dren of the said parent are also dead, and any of them have left iesue the estate that came to.such child by inheritance 'from his said parent descends to all the issue of the other children of the same parent; and if all the said issue are in the same degree of kindred to the said child, they share the estate equally ; otherwise they take according to the right of representation.
If the intestate leave no kindred, his estate escheats to the county of which he was a resident. State. W. T. 1854, p. 305.
Deeds to convey real estate or any interest therein must he in writing, eigned and sealed by the party bound thereby, witnessed by two wit nesses, and acknowledged before a judge of the eupreme court, a judge of the prohate court, a justice of the peace, or a notary public. A mar ried woman, to be bound, must join with her hus band. State. W. T. 1854, p. 402.
Wills. Every person of twenty-one years of age end upwards, of sound mind, may by last will devise all his estate, real and personal, saving to the widow her dower. A married woman may by will dispose of any real estate held in her own right, eubjeot to any right her husband may have as tenant by ourtesy.
, Every will must he in writing, signed by the testator or by come other person under his direc tion in his presence,,and shall he attested by two or more competent witnesses, subscribing their names to the will in the preeence of the testator. State. W. T. 1854, p. 313.