Exclusive jurisdiction is ceded to the United States over all the territory now owned by the United States and comprised within the limits of the military reservation of Fort Bayard, in Grant county, as declared from time to time by the president of the United States, and over such lands as have been or may hereafter be acquired for the enlargement of said reservation; provided, however, that the state of New Mexico reserves the right to serve civil or criminal process within said reservation in suits or prosecutions for or on account of rights acquired, obligations incurred or crime committed in said state, but outside of such cession and reservation; and provided further, that the jurisdiction herein ceded shall continue no longer than the United States shall own and hold said reservation for military purposes.

History: Laws 1913, ch. 35, § 1; Code 1915, § 5565; C.S. 1929, § 146-104; 1941 Comp., § 8-205; 1953 Comp., § 7-2-5.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — Fort Bayard military reservation was transferred to treasury department for uses of the public health service by secretary of war under date of June 11, 1920, by order of the president, pursuant to § 3 of act of congress approved March 23, 1919, 40 Stat. 1303, but subject to reoccupation by the war department in case of emergency.

Laws 1921, ch. 54, § 1, recalls and withdraws the exclusive jurisdiction ceded to the United States over all of the territory occupied by the Fort Bayard military reservation and reestablishes jurisdiction of New Mexico over the same until such period as the reservation shall again be used by the United States exclusively for military purposes.

Laws 1921, ch. 54, § 2 made the act effective immediately. Approved March 8, 1921.

Cross references. — For taxation provisions, see Chapter 7 NMSA 1978.

For service of civil and criminal process, see Rules 1-004 and 5-103 NMRA, respectively.

Marriage licenses. — Although the military reservation of Fort Bayard was by this act ceded to the United States, the county would still have authority to issue marriage licenses to residents therein in the absence of congressional legislation. 1913 Op. Att'y Gen. No. 13-1094.