plicates of said muster-in and muster-out rolls, and they are hereby further authorized to receive and pay for any other original documents and papers and books pertaining to the military service of said volunteers and militia of which there may not be copies or duplicates in the possession of the Adjutant General, and there is hereby appropriated a sufficient amount of money out of any moneys in the treasury not appropriated for the payment of interest on the public debt, to pay for the same, which shall be paid by the Auditor upon the certificate of said Governor and Adjutant General; provided the cost of such muster rolls and documents shall not exceed two hundred and fifty dollars. SEC. 2. This Act shall take effect and be in force from and after its passage, and all laws and parts of laws in conflict with this Act are hereby repealed. CHAPTER LXVIII. AN ACT RELATIVE TO MUNICIPAL CORPORATIONS. H. S. C. B. 70; Approved March 16, 1899. CONTENTS. Sec. 1. Cities of the first class authorized to issue bonds for opening streets, building water works, sewers, etc. Of form, terms, issue and payment of interest. Of tax levy for interest and sinking fund and payment of bonds. Sec. 2. Officer or agent of municipal corporation appropriating to his own use any moneys arising from bonds or taxation, subject to imprisonment. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. The City Councils of all cities of the first class are hereby authorized to issue bonds of the city for the purpose of opening streets, constructing ditches, building water works and sewers, and constructing embankments and ditches or other means for disposing of storm or surface water thereby to prevent the destruction of private or public property within the limits of said city. All such bonds shall be of a denomination of not less than one hundred dollars, or some multiple thereof, and shall bear interest at the rate of four per cent per annum said interest payable semi-annually on the first day of February and the first day of August of each year, and to be evidenced by interest coupons attached to said bonds, and the principal and interest shall be payable at such place as may be agreed upon and determined by the city council issuing the same. All bonds issued under and pursuant to the provisions of this act shall be absolutely due and payable thirty years after the issuance thereof, and redeemable at the option of said cities after twenty years from the date of the issuance thereof; they shall be litho graphed and signed by the mayor of the city, and countersigned by the clerk of the city, and bear the corporate seal of the city, except the coupons thereto attached, to which the lithographed signature of said mayor and city clerk shall be sufficient, and which bonds shall be in the form as adopted by the city council. Said bonds shall be issued and sold in such manner as the city council may direct, but none of said bonds shall be sold for less than 95 per cent of their face value. The interest coupons of said bonds shall be payable in cash at the time and place where the same are made payable by the terms of the bonds to which they are attached; but they may be received in payment of all taxes, excepting taxes levied for the payment of interest on bonds, regularly assessed and levied by the city issuing the same, and it shall be the duty of the officer charged with the collection of the taxes of said city to receive such coupons in payment of city taxes, except taxes levied for the payment of interest on bonds, and to issue a receipt therefor to the amount of the face value of the interest coupon so received, and to transmit such coupons to the city treasurer who shall allow credit for the same to said officer charged with the collection of such taxes. SEC. 2. At the time of the making of the annual assessment and levy for taxes within any city of this territory issuing bonds under and pursuant to the provisions hereof the city shall make a levy upon all the taxable property lying within the corporate limits of the city sufficient to pay the interest falling due upon said bonds, and after ten years from the date of the issuing of any such bonds, shall in the same manner levy a tax sufficient to create a sinking fund that shall equal 2 per cent of the amount of all bonds then issued and outstanding, which tax shall be levied annually for the period of ten years, and after twenty years from the date of the issue of any such bonds it shall be the duty of said city council to levy and assess a tax sufficcient [sufficient] to create a sinking fund equal in amount to ten per cent of the amount of all bonds issued under the provisions of this act and then outstanding. It shall be the duty of the city treasurer when there are sufficient funds in his hands to the credit of the redemption fund created under the provisions of this act to pay in full the principal and accrued interest of any bonds issued hereunder (provided that said redemption fund shall then equal the sum of $1,000.00, or some multiple of $100.00 above said sum of $1,000.00) immediately to call in and pay as many of such bonds with the interest accrued thereon as the funds on hand will liquidate and pay, having first given notice by publication, for at least four consecutive weeks in a newspaper published in said city that upon the presentation of certain bonds designating them by number, date and amount, he will pay the same, and interest upon such bond, or bonds shall cease thirty days after the last publication aforesaid. SEC. 3. Any officer or agent of any municipal corporation who shall appropriate for his own use any moneys arising from the sale of any bonds as provided by this act, or who shall divert from its use as provided in this act any of the funds raised by taxation or otherwise for the purpose of the payment of the interest accruing upon said bonds upon conviction thereof shall be punished by imprisonment in the territorial penitentiary for a period of not less than three, nor more than ten years. SEC. 4. This act shall take effect and be in force from and after its passage and approval. CHAPTER LXIX. AN ACT FOR THE PROTECTION OF ELK IN THE TERRITORY OF NEW MEXICO. C. B. 135; Approved March 16, 1899. Sec. 2. Made an offense. Each animal killed constitutes a separate offense. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. After the passage of this act for a period of five years thereafter, it shall be unlawful to kill or in anywise destroy or injure any elk in the Territory of New Mexico. SEC. 2. Any person or persons violating the provisions of this Act shall be punished by any court before whom complaint may be made, by a fine not to exceed $100.00 and not less than $25.00 or by imprisonment in the county jail not to exceed thirty days and not less than fifteen days. Each animal killed, injured or in anywise destroyed shall constitute separate offence under the provisions of this act. SEC. 3. This Act shall take effect from and after its passage, and all acts and parts of acts in conflict herewith are hereby repealed. CHAPTER LXX. AN ACT TO PROVIDE FOR THE TRANSCRIPTION OF RECORDS WHERE NEW COUNTIES ARE CREATED IN THE TERRITORY OF NEW MEX ICO, AND FOR OTHER PURPOSES. C. B. 62; Approved March 16, 1899. CONTENTS. Sec. 1. When new counties created, the ex-officio recorder shall transcribe in a book all instruments of writing affecting real estate or personal property situate in the new county. Sec. 2. The ex-officio recorder shall duly certify under seal the record so transcribed. Sec. 3. Such transcribed record shall be taken and accepted in law as the equivalent of the original. Sec. 4. Records heretofore transcribed and certified for new counties shall have the force and effect of certified copies. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That whenever new counties have been or may hereafter be created by law, it shall be the duty of the probate clerk and ex-officio recorder of which the same was formerly a part, to transcribe all that portion of the deeds, deeds of trust, mortgages and bills of sale and other instruments, records of his office which affect real estate or personal property situate in the new county, in a substantial book of record to be furnished by him at the expense of the new county, and he shall be paid therefor by the new county at the rate now allowed by law for making copies of such records. "Provided, in the event of the creation of new counties as contemplated by this act, instruments of writing referring or relating to real estate or personal property located in such new county, shall be recorded in the old county from which said new county's territory may have been taken, by the proper recording officer until the proper recording officer may be appointed, or elected, in and for such new county; and the transcription of records as herein provided to be made by the recording officer, shall include all such instruments so recorded." SEC. 2. When said probate clerk and ex-officio recorder shall have completed such transcription of said records, he shall enter upon each of the books of record as transcribed, a certificate under his hand and official seal of said transcribed records as indicated in said books containing all of the records filed and recorded in his office between the dates indicated in said books affecting real estate or personal property situated within the boundaries of the new county, that the same is a complete and correct transcription thereof, and the notation and certificates entered on the original record in connection thereof. SEC. 3. Upon the completion of the transcription of any such record in the manner above provided and the delivery thereof to any such new county the same shall be taken and deemed in law the equivalent of such original record and be of the same force and effect and impart notice equally with original records, and certified copies of the transcribed records or any part thereof made by the probate clerk and ex-officio recorder of said new county shall be receivable in evidence in the same manner as certified copies of such original records would have been so received. SEC. 4. Whenever any county heretofore created by law has already caused records effecting [affecting] the property therein to be made from the records of the county or counties, from which the same was created and certified to be such transcription by the probate clerk or ex-officio recorder making the same; such transcription shall have the same force and effect and certified copies or any part thereof shall be receivable in evidence as above provided for counties which shall hereafter have such transcription. SEC. 5. This act shall take effect immediately after its passage, and all acts and parts of acts in conflict herewith, are hereby repealed. CHAPTER LXXI. AN ACT IN REFERENCE TO PRIVATE CORPORATIONS. C. B. 145; Approved March 16, 1899. CONTENTS. Sec. 1. Of the election of directors, when regular election fails. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. Whenever any private corporation in this territory has or may hereafter fail to hold the annual meeting of its stockholders for the purpose of electing a board of directors thereof at the time and place required by its charter or by laws the president of such corporation upon the request of any two members of the board of directors is hereby required to call a special meeting of the stockholders of such company, at the time and place designated in such request by a notice published once a week for two consecutive weeks in some newspaper published daily or weekly in the city town or village where the last preceding meeting of the said stockholders was held; and in case the president shall fail to call such meeting of the stockholders, then the same may be called by a notice signed by a majority of the directors of said company and published once a week for two consecutive weeks, in some newspaper published daily |