C. 46. L. 82. § 34: Feb. 18. Publications re quired. Examinations, ex Proviso. § 2128. It shall be the duty of every insurance company of the kind provided for in this act, doing business in this territory, organized under the laws of this territory, or in any other state, territory or country, to publish once annually in two newspapers of general circulation, one of which papers shall be published at the capital of the territory (and in case of companies organized in this territory, one of which shall be published in the county where the principal office is located), a certificate from the territorial auditor that such company has in all respects complied with the laws of this territory relating to insurance. § 2129. The necessary expenditure for any examination pense of; how paid. made, or ordered to be made, by the auditor of this territory, under this act, shall be certified by him and paid on his requisition by the company, which is the subject of such examination: Provided, That the territorial auditor shall have the power, upon receiving information that the capital of any company is impaired, to call upon such company for a full statement of its condition, and in event of refusal or neglect of any company to answer the requisition of the auditor, as aforesaid, he shall proceed to make the examination required by this act and to take the necessary action to terminate the business of such company in this territory. Id. § 35. § 2130. It shall be the duty of the territorial auditor to Cause to be prepared and furnish to each of the companies organized under the laws of this territory, and to attorneys or agents of companies incorporated by other states or territories and foreign governments, who may apply for the same. printed forms of statements required by this act, and he may from time to time make such changes in the form of these statements as shall be deemed to him best adapted to elicit from the companies a true exhibit of their condition in respect to the several points hereinbefore enumerated. § 2131. Each and every insurance company transacting business in this territory shall be taxed upon the excess of premiums received over losses and ordinary expense incurred within the territory during the year previous to the year of listing in the county where the agent conducts the business, properly proportioned by the company at the same rate that all other personal property is taxed, and the agent shall render the list and be personally liable for the tax; and if he refuses to render the list or to make affidavit that the same is correct, to the best of his knowledge and belief, the amount may be assessed according to the best knowledge and discretion of the assessor, and the county board of equalization may, at their discretion, add fifty per cent. to the amount returned by the assessor. Insurance companies shall be subject to no other taxation under the laws of this territory except taxes on real estate and the fees imposed by section two thousand one hundred and twenty-six. § 2132. There shall be paid to the treasurer of the fire departments of every city, town or village of this territory, whether incorporated, or unincorporated, having a fire department, company or organization, for the sole use and benefit of such department, or to the treasurer of a fire depart ment within the fire limits as established by law, of an incorporated town or village, and when no treasurer of a fire department exists, then to the treasurer or other fiscal officer of such city, town or village, or in case of an unincorporated town or village, to the treasurer of the county in which such town or village is situated, who, for the purposes of this act, shall have the same powers as the treasurers of fire departments, on the first day of August of each year, by every person who shall act as agent for or on behalf of any foreign fire insurance corporation, association or individual which insures property against loss or injury by fire, the sum of two dollars upon the sum of the one hundred dollars, and at that rate upon the amount of all premiums which during the year or part of the year ending on the last preceding thirty-first day of May, shall have been received by such agent or person or received by any other person for him, for any insurance effected and procured by him as such agent or broker against loss or injury by fire upon property situate within the corporate limits. of such city, town or village, or within the fire limits of such unincorporated town or village. C. 38. L. 97. § 1 March 12. Bond to be given fire department be to be effected. § 2133. No person shall, as agent for any such foreign insurance corporation, association or individuals, effect any in- fore any insurance surance upon any property situate in any city, town or village of this territory upon which the sums specified in the preceding section are required to be paid or as such agent, procure such insurance to be effected, until he shall have executed and delivered to the officer to whom such account is to be rendered and such payments to be made, a bond to such fire department in the penal, sum of five hundred dollars, with such sureties as such treasurer or other fiscal officer shall approve, with a condition that he will annually render to such treasurer or other fiscal officer on the first day of August in each year, a just and true account, verified by his oath that the same is true, of all premiums, which, during the year ending on the thirty-first day of May preceding such report, shall have been received by him or any other person for him for any insurance against loss or injury by fire upon property situated in such city or village which shall have been effected or procured by him to have been effected by any such corporation, association or individuals, and that he will annually, on the first day of July in each year, pay to such treasurer or other fiscal officer, two dollars upon every hundred dollars and at that rate upon the amount of such premium. Any corporation, association or individuals having authority to transact business in this territory, on filing a bond in the penal sum of two thousand five hundred dollars with the auditor of the Territory of New Mexico, that it will make its account and pay the sums so required to be paid, may effect such insurance in any city, town or village, wherein it has no agent. 2134. Every such person who shall effect any such insurance without having executed and delivered such bond, shall, for each offense, forfeit two hundred dollars for the use and benefit of the fire department of such city, town or village, to be collected by and in the name of the fire department, treasurer or chief fiscal officer of the city, town or vil Id. § 2. March 12. C. 38. L. 97, § 3; lage in which said property is situated. The treasurer of the county in which is situated any town or village having no fire department, company or organization receiving any money under this law, shall on the fifteenth day of August in each year, apportion and pay over all such moneys so received to the treasurers of such of the several fire departments and companies as are duly organized or incorporated within the limits of such counties. If he shall neglect or refuse to perform any or all of the duties required by this section, he shall forfeit the sum of two hundred dollars for every such neglect or refusal for the use and benefit of such fire department and company, and the chief engineer of the fire. department, or the foreman of any company may sue for and maintain an action in the name of and for the benefit of such fire department or company for its proportion of the penalties prescribed by this section. Insured required to exhibit policies Penalty. $2135. Every person whose property shall be insured in when demand made. violation of section two thousand one hundred and thirty-four, and every person having the care or charge of property so insured, or of policies of insurance, placed in violation of such section, as agent or trustee for another, who shall refuse or neglect to exhibit to the officer, entitled by section two thousand one hundred and thirty-three to receive the per cent. of premium in such section provided, all policies so placed upon such property, or shall neglect or refuse to give to such officer full information as to when, by whom, and in what corporation or corporations such property shall be so insured, and the name of the agent, broker or other person connected with the effecting of such insurance, upon demand being duly made by such officer, shall become liable to an action by and in the name of the fire department, company or organization of which said officer shall be treasurer, for the sum of one hundred dollars for each such neglect or refusal. All persons acting as brokers between any agent or any such corporation and the assured, shall, within ten days after effecting any insurance specified in section two thousand one hundred and thirty-four, notify the officer entitled to receive the tax upon the premium upon such insurance, of the fact of such insurance, together with the precise location of the property, the name of the insurer and the amount of the premium to be paid by the assured. Any broker willfully neglecting or refusing to comply with the provisions of this section, shall be liable to a like action and like penalty brought in the like manner herein before provided. Actions brought under this section must be tried in the county in which the property alleged to be so insured is situated. All moneys received pursuant to this section shall be apportioned and paid over in the same manner as provided in the preceding section of this act, for the apportionment and payment of moneys received pursuant to such section and under a like penalty. Id. § 4. Restrictions. L. 1882, C. 16, § 38: Feb. 18. § 2136. It shall not be lawful for any company organized upon the mutual plan, to do business and take risks upon the stock plan; neither for a company organized as a stock company to do business upon the plan of a mutual insurance company. C. 46. L. 82, § 39; Feb. 18. Associations of a class ex certain $2137. Nothing in this act shall be so construed as to prevent any number of persons, not exceeding two hundred, from making mutual pledges and giving valid obligations to each other for their own insurance from loss by fire or death; cepted. but such associations or persons shall in no case insure any property not owned and specified by one of their own number; nor shall the provisions of this act be applicable to such associations or companies: Provided, Such associations or companies shall in no case pay any salary or compensation to officers, agents or other employes, and shall receive no premiums nor make any divisions. Ten thousand dollar deposit as pre requsite for fire indo business. surance company to § 2138. No fire insurance company shall be permitted to do any business in this territory until such company, in addition to other requirements of law, shall deposit with the treasurer of this territory the sum of not less than ten thousand dollars in lawful money of the United States, or in bonds of the Territory of New Mexico, or some county or city thereof, of the par value of ten thousand dollars, in territorial or county bonds or real estate, which deposit shall be held for the benefit and security of the policy holders residing in the Territory of New Mexico, with the condition that said deposit shall not be surrendered to such company until all claims in this territory shall have been satisfied. That they shall not charge any higher rates than those charged on the 1st day March 17. of January, 1897. $2139. Any fire insurance company doing business in this territory who shall fail to comply with the provisions of the above section two thousand one hundred and thirty-eight, upon conviction thereof, before the district court, shall be fined in the sum of not less than one hundred nor more than one thousand dollars. 2140. This act shall take effect and be in force on and after the 1st day of February, 1898. C. 49. L. 97, § 1; Penalty. Id. § 2. In effect: when. $ 2141. That hereafter in this territory, no corporation, company, firm or individual, shall demand as a condition precedent to giving employment to any person or retaining such person in employment, that such employe shall procure the bond or guaranty of any foreign guaranty company, as an indemnity to such employer against loss by the act of such employe, unless such guaranty company shall have a designated agent at the county seat of some county in this territory, where they do business, upon whom process can be served in suits against it, and it shall have otherwise fully 2142 C. 30. L. 89, § 1: Complied with the law to warrant it in so doing such insurance or guarantying business in this territory. Feb. 28. § 2142. That any corporation, company, firm or individual doing business in this territory, or who may hereafter so do business, who shall enter into any contract as to guarantying such employer against loss from the acts of employes with any foreign guaranty company, firm or corporation, that is not entitled by a full compliance with the laws of this territory to do such insurance or guarantying business in this territory, or who shall charge a fee to its, their or his employes, or retain from the wages of any employe any fee or sum of money to pay for such guaranty so entered into with such guaranty association, corporation, company, firm or individual, who shall not have complied with the requirements of section two thousand one hundred and forty-one, to warrant it or him to do such business in this territory, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not less than one thousand dollars nor more than ten thousand dollars, in the discretion of the jury trying the case, and it is hereby made the duty of all prosecuting officers to take notice of violations of this act and prosecute the same. Titles legal if undisputed since tion. § 2143. Every person or persons being of the class or American occupa condition that have held or hold, in lawful possession under a legitimate title, derived from the authorities of Spain or Mexico, and which, according to the laws at that time, had legitimate authority to grant such title to property, upon whatever lands belonging to said governments, prior to the treaty of peace by the latter with the United States, who actually find themselves in legal possession upon said lands. in quiet and peaceful possession, and without being interrupted, from the time that the government of the United States comprised within its limits this territory; the said persons are entitled to a lawful claim of property and legal ownership under the limits thereof, to the lands mentioned, in the same manner as those who had acquired by purchase. inheritance or legal conveyance, be the same whatever it may, |