41: Feb. 5, 1853. Tr. C. L. 1865, C. 102, § governor and auditor of accounts as witnesses, they shall be evidence for the treasurer of the amount of the warrants delivered and destroyed by him. List to be presented each year. C. 61, L. 93. § 9: Feb. 24. Duty of treasurer to advertise. Id. § 10. County officials prohibited from dences of county indebtedness. § 403. Between the 15th and 20th of November in each year it shall be the duty of the treasurer, in the same manner, to present all the warrants, coupons and other evidences of indebtedness that may have been paid after the date that the last were burned, and the same proceedings shall be practiced as before ordained, and the lists of the warrants, coupons and other evidences of indebtedness destroyed shall have the same effect as expressed in section four hundred and two. § 404. It shall be the duty of the territorial treasurer at the end of each quarter of the fiscal year, when there are funds on hand for the redemption of outstanding warrants in excess of five hundred dollars, to publish a notice in some newspaper published at the capital that he has funds on hand to pay warrants up to a certain number and date, and calling said warrants for payment, and interest shall cease on all warrants so called at the expiration of ten days from the date of such notice. § 405. That from and after the passage of this act it shall speculating in evi- be unlawful for any county commissioner, sheriff, treasurer, assessor, probate judge, probate clerk or any other person who, as principal or deputy, holds any county office in any county of this territory, to either directly or indirectly, buy, sell, barter, deal in or speculate in or with any certificate, warrant, or other evidence of indebtedness issued by such county or by the Territory of New Mexico, except such certificate, warrant or other evidence of indebtedness shall have been lawfully issued to such person in payment of his salary or in compensation for services rendered by such person or for supplies furnished by him to such county or territory. § 406. That from and after the passage of this act, it shall be unlawful for any mayor, councilman, collector, marshal, clerk or other person holding any office or appointment in and for any incorporated city or town in this territory to either directly or indirectly buy, sell, barter, deal in or speculate in or with any certificate, warrant, or other evidence of indebtedness of such incorporated city or town, except such certificate, warrant or other evidence of indebtedness shall have been lawfully issued to such person in payment of his salary or in compensation for service rendered by him or for supplies furnished by him to such incorporated city or town. Jan. 31, City officials pro hibited from specuindebted lating in evidences of ness. Id. § %. $407. Any person who shall violate any of the provisions of the two preceding sections shall, upon conviction thereof by any court of competent jurisdiction, be punished by a fine of not less than five hundred dollars and not more than one thousand dollars, and by imprisonment not less than one month and not more than six months in the county jail, at the discretion of the court trying the case, and, in addition thereto, the person so convicted shall be removed from office and shall, for five years thereafter, be disqualified from holding any office of trust or profit under the laws of this territory. § 408. Upon the conviction of any county or municipal officer under the provisions of this act, it shall be and it is hereby made the duty of the clerk of the district court in which such person was convicted, to make a record of the conviction of such person in the records of said district court, and to immediately serve or cause to be served upon the board of county commissioners of the county in which the person so convicted was an officer or upon the board of councilmen of the incorporated town or city of which such person was an officer, as the case may be, a certified copy under the seal of said district court of the record of the conviction of such person so convicted, and thereupon the person so convicted shall cease to be an officer of said county or incorporated city or town, and the office held by him shall be vacant and thereupon such vacancy shall be filled as now provided by law, and said certified copy of the conviction of such person shall be immediately recorded in the records of such county or of such incorporated city or town. $409. From and after the passage of this act, it shall be, and is hereby made unlawful for any clerk or any deputy clerk of any district court in this territory, either directly or indirectly, to buy, sell, barter, deal in or speculate in or with, any certificate issued by such clerk or deputy clerk to any witness, juror, court officer or other person, for the fees, per diem, mileage or other compensation allowed by the court to such witness, juror, court officer or other person, except such certificate as shall have been directly issued by order of the court to such clerk or deputy clerk as compensation for his services, and any such clerk or deputy clerk who shall violate any of the provisions of this section of this act, shall, upon conviction thereof before any court of competent jurisdiction, be fined in the sum of one thousand dollars, and imprisoned in the county jail of the county in which such conviction was had for not less than thirty nor more than ninety days. $410. That this act shall be especially given in charge to the grand jury at each and every term of the district courts held in this territory. C. 15, L. 89. § 4: Jan. 31. Office vacated. District and deputy clerks prohibited of in from speculating in evidences debtedness. Id § 5. Special charge to grand jury. Id. § 6. § 411. Corporations for mining, manufacturing, or other industrial pursuits, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific associations, may be formed according to the provisions of this act: such corporation and the members thereof, being subject to all the conditions and liabilities herein imposed and to no others. Corporations for any or all of the purposes above specified, or intended, or for any purposes for which corporations are or shall hereafter be authorized by any general incorporation law or laws of this territory, may be created and organized in conformity with the provisions of law compiled in this title and chapter, from this section to section four hundred and fifty-six, both inclusive, and shall be authorized and empowered to exercise the franchises and enjoy the benefits conferred and granted thereby, and to acquire, mortgage and dispose of property, and transact business in any place or jurisdiction within or without the United States of America. All corporations heretofore created under and by virtue of the provisions of law compiled as the said chapter and contained in the said sections of the said Compiled Laws are hereby vested with the franchises, authority and powers conferred by the preceding section upon future corporations. § 412. Corporations for mining, manufacturing or other industrial pursuits, or for making and furnishing abstracts of title to real estate, or for insuring the titles thereto, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific associations, may be formed according to the provisions of this act: such corporation and the members thereof being subject to all the conditions and liabilities herein imposed, and to no others. § 413. Corporations for mining, manufacturing, or industrial or other lawful pursuits, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific associations, may be formed according to the provisions of this act, such corporation and the mem-C. 52. L. 63. § 1 bers thereof being subject to all the conditions and liabilities and 2; Feb. 23. herein imposed, and to no others. All corporations authorized by section four hundred and eleven of said act created prior to this passage to this amendment shall be entitled to the privileges of this act from and after the date of its passage. Provisions further extended. $414. Corporations may be formed and may do business in this territory under the laws of the territory now existing, and subject to the provisions of this act, to acquire, hold, improve, develop and manage any hot, mineral or other sanitary spring, or to lay off land into town sites, blocks, lots, streets, alleys, avenues, commons and parks, and to acquire, hold, colonize, improve and sell lands in connection with any or all Feb. 2. of said objects. C. 3. L. 80, § 9: Organization. Statement to be filed. of. Existence: period $415. Any three or more persons, who may desire to form a company for any one or more of the purposes specified in the preceding section, may make, sign, and acknowledge before the secretary of the territory, or some officer competent to take the acknowledgment of deeds, and file in the office of the secretary of the territory a statement in writing, in which shall be set forth the full names of such persons, the corporate name of the company, the objects for which the company shall be formed, the amount of its capital stock, the time of its existence, not to exceed fifty years, the number of shares of which the stock shall consist, the number of directors and their names, who shall manage the concerns of the company for the first three months, and the name of the city or town and county in which the principal place of business of the company is to be located. A copy of said certificate, duly certified by the secretary of the territory, shall be filed in the clerk. office of the probate clerk in the county where the principal place of business of the corporation is located. The secretary of the territory, upon the payment of fees authorized by law, shall furnish any person interested as many certified copies as he may require. § 416. A copy of any certificate of incorporation filed in pursuance of this act, and certified by the secretary of the territory, shall be received in all the courts and places as presumptive evidence of the facts therein. Overland Dispatch Co. vs. Wedeles, page 528, vol. 1. $ 417. When the certificate shall have been filed, the persons who shall have signed and acknowledged the same, their associates and successors, shall be a body politic and corporate in fact and in name, by the name stated in the certificate, and by their corporate name, have succession for the period limited; and power: First, To sue and be sued in any court; second, to make and use a common seal, and alter the same at pleasure: third, to purchase, hold, sell, mortgage and convey such real and personal estate as the purposes of the corporation shall require; fourth, to appoint such officers, agents and servants, as the business of the corporation shall require, to define their power, prescribe their duties and fix their compensation; fifth, to require of them such security as may be thought proper for the fulfill Certified copy to be filed with probate copies; Certified how furnished. Id. § 2. Certified copy presumptive evi dence. L. 1868, chap. 3. § chap 37. Body politic, when. Powers. Am. Jan. 5, 1876: C. 37. C. 3. L. 6. §ment of their duties, and to remove them at will, except that no director shall be removed from office unless by a vote of two-thirds of the whole number of directors; sixth, to make by-laws not inconsistent with the laws of this territory, for the organization of the company, the management of its property, the regulation of its affairs, the transfer of its stock, and for carrying on all kinds of business within the objects and purposes of the company. poration may amended. be Articles of incor- § 418. The directors of any corporation organized under any general or special act for the formation of corporations, in whose original certificate or incorporation any informality may exist by reason of any omission of any matter required to be therein stated, or any mistake therein made, are hereby authorized to make and file an amended certificate of incorporation to conform to the general act, or to correctly express the intention of the parties thereto, and upon the making and filing of such amended certificate the said corporation shall, for all purposes, be deemed and taken to be a corporation from the time of the filing of the original certificate. Said amended certificate shall be executed and filed in the same manner as the original certificate. C. 74. L. 89. § 1: Feb. 22. Articles of incorporation may be extended to fifty years. Certificate to be filed with original poration. $419. That all corporations heretofore organized under the laws of the Territory of New Mexico may at any time before the expiration of the period of their existence provided by the articles of incorporation, file in the office of the secretary of the territory a certificate signed by the president and secretary of the corporation declaring that by resolution of the board of directors passed at any regular or special meeting, the corporate existence should be extended for such a period not exceeding fifty (50) years as shall be mentioned in said resolution. That it shall be the duty of the secretary of the territory to articles of incor- file said certificate in his office, along with the original articles of incorporation and deliver to said corporation a certified copy thereof, for which filing and copy he shall receive the sum of three dollars. Copy to be filed in office of probate clerk. Corporations complying.certificate to dence thereof. That a copy of said certificate duly certified by the secretary of the territory, shall be filed in the office of the probate clerk in the county where the principal place of business of the corporation is located. That all corporations complying with the provisions of this be received as evi- act are hereby declared to be continued for the period mentioned in such resolution and certificate, and a copy of any such certificate filed in pursuance of this act and certified by the secretary of the territory shall be received in all the courts C. 93. L. 89: Feb. and places as presumptive evidence of the facts therein. 28. Directors: onethird residents. As amended 1884. $ 420. The corporate powers of the corporation shall be exercised by a board of not less than three directors, who shall in be stockholders of the company and a majority of them citizens of the United States, and at least one-third of whom shall be residents of the Territory of New Mexico, and who shall, after the expiration of the term of the directors first elected, Elections: conduct be annually elected by the stockholders at such time and place, and upon such notice, and in such mode, as shall be directed by the by-laws of the company; but all elections shall be by of. |