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C. 81. L. 91. § 1: company may have an agent, for the purpose of receiving and delivering express matter.

Feb. 26.

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§ 3929. No company, association or individual engaged in the transaction of, or doing an express business in this territory, shall charge, demand or receive for transportation and delivery of any express matter within the limits of this territory, more than one and one-half times the ordinary and usual rate charged as freight by the railroad companies for the same class of matter between the same points within the limits of this territory, when shipped as freight in one hundred pounds or upwards: Provided, When the matter so transported by express is as much as fifty pounds and less than one hundred pounds, such corporation, association or individual may charge five per cent. in addition to the amount above allowed, and when the quantity is less than fifty pounds, then such charges may be increased to ten per cent. additional, and all individuals, associations and corporations shall have equal rights to have their express matter transported by such companies, associations and individuals engaged in transacting and doing an express business; but in no event shall any company, corporation, association or individual be allowed to charge more than the rate charged at present by such company, corporation, association or individual for the same class or kind of freight.

$3930. Any company, association, or individual or individuals, who may violate any of the provisions of this act, shall, upon conviction, be deemed guilty of a misdemeanor, and fined in any sum not less than twenty dollars, nor more than two hundred dollars, and for each violation thereof shall also be liable to pay to the person aggrieved or injured thereby, the sum of fifty dollars, which may be recovered in an appropriate action, brought by the person aggrieved or injured. On demand of any person aggrieved, or of the grand jury, or of any district attorney, or solicitor general, every such company, association, corporation, or individual, transacting or doing an express business in this territory, shall furnish all of its books and accounts, and give all other information connected with its business as to its rates and charges which may be required, and it shall be illegal for any such company, corporation, association, or individual, to make any discrimination in rates, or to give or grant any preferences in the rates charged to any one individual or person over another in this territory, or to discriminate in favor of, or to make any preference in its or his rates in favor of one place or poiut as against another; but all rates shall be uniform and in proportion to the distance which express matter may be transported, and no such corporation, individual, association, or company shall charge any more for expressage on any matter when collected at the place of delivery than the lowest amount charged by it, or him, or them, at the point where such express matter may be received, when the charges on such express matter may be paid in advance.

See supra, sub-division eleven, section three thousand eight hundred and forty-seven.

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who may take.

§3931. In addition to the persons before whom acknowl. Acknowledgments; edgment may be taken of documents affecting real estate in this territory, if taken without the territory and within the United States, they may be taken before any notary public having an official seal or before the clerk or any court of record having a seal. And all acknowledgments heretofore taken before such officers, and in accordance with this act, if taken in good faith, are hereby confirmed and made valid, the same as if taken as prescribed herein.

See section three thousand nine hundred and seventy.

§ 3932. Hereafter on all documents or instruments in writing, requiring a seal in this territory, a scroll may be used as a seal instead of a wafer, wax or other impression required by the common law.

§ 3933. All such instruments or documents in writing heretofore made or executed in good faith and sealed with a scroll, are hereby made and shall be taken and held in all courts in this territory to be as legal and valid as if said seal had been a waxen impression.

L. 1882. chap. 27, 1: Feb. 11.

Scroll as a seal. Amended, C. 17, L. 89, § 18.

L. 1882, chap. 26. § 1: March 1.

Validates past signatures with scroll.

Id. § 2.

Abstracts of title competent evi

§3934. Any abstract of the title to real estate, located in the Territory of New Mexico, certified to as correct by the dence: when. secretary, and under the seal of any title abstract company, incorporated and doing business under the laws of said territory, shall be received in all the courts of said territory as evidence of the things recited therein, in the same manner, and to a like extent, that the public records are now admitted, and such abstract may be explained or contradicted in the same manner and to the same extent as such records may 1: March 1. now be.

L. 1882. chap. 69, §

Certifying falsely or forging seal: pen

§3935. Any-officer of such company, who shall certify to any such abstract that it is true and correct, knowing the alty. same to be false, or any person who shall forge the name of any such officer, or the seal of any such company, shall, upon conviction, be deemed guilty of a felony, and be fined not more than five hundred dollars, or imprisonment in the penitentiary not more than three years, or both, in the discretion of the court.

Id. § 2.

Foreigners may

§ 3936. Foreigners shall have full power and authority to hold real estate. acquire or hold real estate by deed, will, inheritance, or other

1: Jan. 4. Tr.

May sell or bequeath.

L. 1872, chap. 5, § wise, when the same may be acquired in good faith and in due form of law, and also to alienate, sell, assign and transfer the same to their heirs or other persons, whether such heirs or other persons be, or not, citizens of the United States; and when a foreigner having title or interest in any lands or estate dies, such lands or estate shall descend and vest in the same manner as if such foreigner were a citizen of the United States, and such circumstance shall not be an impediment to any person holding an interest in said estate, although not a Rights of full citi citizen of the United States, for all said persons shall have the same rights and resources and shall, in all respects, be treated on the same footing as native citizens of the United States with respect to the personal estate of a foreigner dying intestate, and all persons interested in said estate, under the laws of this territory, whether foreigners or not.

zenship.

Statement of title; how to be made and recorded.

See act of congress July 20, 1886, and amendment, fifty-fourth congress.

$3937. Any person or persons who have acquired and hold any real estate by purchase or otherwise, and have lost or never had any legal evidence of title to such real estate, may make a statement in writing containing a description of such real estate by metes and bounds, or by reference to well known and permanent natural objects as boundaries, and setting forth in detail, the manner in which he or they acquired such real estate, how long they and their predecessors in possession have held the same, and showing fully all claim which they have to such real estate, either in law or in equity. Such Execution and ac- statement shall be executed and acknowledged in the same manner as conveyances of real estate are required to be executed and acknowledged, and being so executed and acknowledged may be recorded by the county recorders in the same manner and in the same book that conveyances of real estate are recorded: Provided, That no such statement shall be made or recorded after the 31st day of December, 1889. Such Statement: effect statement upon being recorded as aforesaid, shall be considered as notice to all the world of the rights and claims of the person making such statement in and to the real estate therein described, and the statute of limitation shall be considered as beginning to run in favor of such person from the

knowledgment.

of.

Limit of time.

L. 1884. chap. 13. § date of the recording of such statement.

1: April 3.

Mortgagee may

year

§ 3938. No real property shall be sold upon foreclosure redeem within one of any mortgage, mortgage deed, trust deed, or any other written instrument which may operate as a mortgage, under or by any order, judgment or decree of any court in this territory, until ninety days after the date of the order, judgment or decree, within which time the mortgagor, or any one for him, may pay off the decree and discharge the mortgage and avoid the sale. And all real property which may be hereafter sold under any mortgage, mortgage deed, trust deed, or any other written instrument which may operate as a mortgage, by virtue of a power of sale contained in the said mortgage, mortgage deed, trust deed or other written instruments, or annexed to, or accompanying the same and which may not be sold under any order, judgment or decree of any court, may be redeemed by the mortgagor, or his assignee or any other parties interested in the said real estate, by paying the pur

chaser, at such rate, or his assignee, the amount paid with interest at the rate of twelve per centum per annum, at any time within one year after the date of such sale.

C. 51. L. 89. § 1: Feb. 14.

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Conveyances

au

thorized.

$3939. Any person or persons, or body politic, holding, or who may hold, any right or title to real estate in this territory, be it absolute or limited, in possession, remainder or reversion, may convey the same in the manner and subject : Jan. 12, 1852. Tr. to the restrictions prescribed in this act.

King vs. Warrington, vol. 2, page 318, N. M. Rep.

§ 3940. The term, Real Estate, as used in this act, shall be so construed as to be applicable to lands, tenements and hereditaments, including all real movable property.

Zeckendorf vs. Hutchison. vol. 1. page 476, N. M. Rep.

§ 3941. The words, Bargained and Sold, or words to the same effect, in all conveyances of hereditary real estate, unless restricted in express terms on the part of the person conveying the same, himself and his heirs, to the person to whom the property is conveyed, his heirs and assignees, shall be limited to the following effect:

First. That the grantor, at the time of the execution of said conveyance, is possessed of an irrevocable possession in fee simple to the property so conveyed.

Second. That the said real estate, at the time of the execution of said conveyance, is free from all encumbrance made or suffered to be made by the grantor, or by any person claiming the same under him.

Third. For the greater security of the person, his heirs and assignees, to whom said real estate is conveyed by the grantor and his heirs, suits may be instituted the same as if the conditions were stipulated in the said conveyance.

3 N. M.. 596 affirmed in 131 U. S.. p. 81.

ed.

C. L. 1865, chap. 44.

Real estate, defin

Id. § 2.

Bargained and sold: limitations of term.

Id. § 3.

C. L. 1885, chap. 44,

§ 4: Jan. 12. 1852. Tr.

Signatures.

Instruments to be acknowledged and

certified.

Id. § 5.

Acknowledgment to be taken before whom.

If acknowledged in territory.

In United States.

Out of United States.

Id. § 6.

Forms of acknowledgment.

§ 3942.

All conveyances of real estate shall be subscribed by the person transferring his title or interest in said real estate, or by his legal agent or attorney.

Perea vs. Gallegos, vol. 2. page 423, W. C. Rep.

§ 3943. Every instrument in writing by which real estate is transferred or affected, in law or equity, shall be acknowledged and certified to in the manner hereinafter prescribed. § 3944. The ackowledgment of all conveyances or writing affecting any real estate, in law or equity, shall be taken before any of the following named officers:

If the acknowledgment is made within the territory it shall be made before any court having a seal, if by any judge, justice of the peace or clerk, in the same manner, or by any justice of the peace of the county wherein said real estate is situated.

If taken without the territory and within the United States, the acknowledgment to be taken before any United States court, or the court of any state or territory within said United States, having a seal, or by any clerk of any of said courts.

If acknowledged beyond the limits of the United States, it shall be done before any court of any state, kingdom or empire, having a seal, or by the magistrate, or supreme power of any city, who may have a seal.

See section three thousand nine hundred and seventy.

§3945. That the following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate, and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law relating to the execution or recording of such instruments:

First. In case of natural persons acting in their own right:

Territory of New Mexico, I

County of

On this- -day of 18. , before me personally appeared A. B. (or A. B. and C. D.) to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

Second. In the case of natural persons acting by attor

ney:

Territory of New Mexico, I

County of

On this- -day of 18, before me personally appeared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowledged that he executed the same as the free act and deed of said C. D.

Third. In case of corporations or joint stock associations: Territory of New Mexico, |

County of

On this day of 18, before me appeared A. B., to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association) of (describing the corporation

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