§ 4: June 30, 1851.

C. L. 1865, chap. 72. legislative assembly, unless otherwise provided, shall not go into effect in a less period than thirty full days from and after the day of adjournment of said legislative assembly, exclusive of the day of adjournment as well as the day on which they shall take effect.

Omeers

to continue until succes

§ 3782. All officers, appointed or otherwise, shall continue. in office, and in the discharge of their duties until others are C.L. 1885, chap. 72, appointed or elected, and qualified according to law.

sors qualify.

$8: July 14, 1851. Tr. Laws formerly passed, re-enacted to

approval: proviso.

§ 3783.

All laws of this territory heretofore passed, which cure defective have been approved and signed by the executive after the conclusion of the session of the legislature, at which they were adopted, are hereby re-enacted, and declared to be in full force and validity to every intent and purpose and to the same extent as if approved and signed by the executive during the respective sessions at which they were enacted: Provided, That if any such acts or parts thereof shall have been subsequently repealed, modified or amended, that then and in that case, this act shall not be so construed as to effect or revive any such act, or part thereof, so repealed, modified or amended.

C. L. 1865. chap. 72.

§ 12: Dec. 31, 1857. Tr. Original law controls.

§ 3784. In all cases where there exists a difference between a law as published and the original on file in the office of the secretary of the territory, and should any difficulty arise in consequence of such difference, it shall be deter L. 1866, chap. 15. § mined by the original and not as published.

4: Jan. 31. Tr.

Posse comitatus.

§ 3785 In all cases when, by the common law or a statute of this territory, any officer is authorized to execute any process, he may call to his aid all free, white male inhabitants, above the age of twenty-one years, in the county in which the C. L. 1865, chap. 89, officer is authorized to act.

$ 1: July 14, 1851.

Summons, refusal to obey: penalty.

Id. § 2.

Convenes last Monday in December, 1886.

§ 3786. If any person shall refuse or neglect to obey the summons of any such officer, such person shall be fined in any sum not exceeding fifty dollars, nor less than five dollars, to be recovered by suit before any justice of the peace, to the use of the county in which said suit may originate.

LEGISLATIVE ASSEMBLY.

$3787. The next territorial legislature of this territory shall convene on the last Monday in December in the year 1886, and all subsequent territorial legislatures on the last Monday of December in every two years thereafter; and the Election; when to next territorial legislature of this territory shall be elected at the general election to be held in November, 1886.

be made.

L. 1884, chap. 8. § 1: April 3.

Legislature to apportion territory.

C. L. 1865, chap. 9; $2: Jan. 26, 1860.

NOTE. Changed by act of second session fifty-fourth congress, to the third Monday in January.

§ 3788. Hereafter, at the first session of the legislative assembly after the census shall have been taken by the United States marshal in conformity with the laws of the United States, and every ten years thereafter, it shall be incumbent upon said legislative assembly to apportion the members of the council and house of representatives as near as practicable to the different counties according to the organic law of this territory, taking the census of the United States marshal as the basis upon which said apportionment shall be made.

C. L. 1865. chap. 9,

Governor to apportion: when.

§ 3789. If the legislature should fail or refuse to make the apportionment according to the provisions of this act, $2: Jan. 26, 1860. then and in that case it shall be the duty of the governor of the territory, within thirty days after the adjournment of the legislative assembly whose duty it is to make the apportionment according to the provisions of this act; and it further shall be his duty, thirty days previous to the next ensuing election to issue his proclamation for said election according to the apportionment by him so made.

NOTE. The apportionment of the territory into legislative districts was made by Governor Prince, March 20th, 1891, found in Executive Record, page 11, as follows:

$3790. The council or house of the legislative assembly and the committees thereof, whether standing or special, are hereby vested with power to issue subpoenas to compel the attendance of witnesses and the production of books and papers relating to any public matter which may be a proper subject of investigation or legislation by the legislative assembly.

$3791. The presiding officer of either house, or his committee, shall issue subpoenas requiring the attendance of witnesses before either of said houses, or any committee thereof, at a time and place designated therein, and in like manner shall require the production of any books, papers or documents called for upon subjects of public concern under investigation.

$ 3792. Any person, being a public officer, or any other person who may have in his possession or under his control any documentary evidence or who may have any knowledge of any facts relating to the acts of any public officer, or the collection, disbursement or custody of any public funds, who shall without any reasonable excuse fail or refuse to obey any such subpoenas, and attend and answer all proper questions

Jan. 28.

C. 9. L. 93, § 3; before either of said houses, or any committee thereof, or to produce any documentary evidence under his control and called for by such subpoenas, when the same shall have been served upon him, shall be guilty of a misdemeanor, and upon conviction thereof on indictment or information, shall be punished by a fine of not less than five hundred dollars, nor more than two thousand dollars, or by imprisonment in the county jail of the county in which such attendance is required, for a period not to exceed one year, or by both such fine and im prisonment, in the discretion of the court.

Penalty.

Subpoena duly issued: what shall excuse.

Id. § 4.

Act: how strued.

Id. § 5.

con

Tampering with legislative papers; penalty.

C. 120, L. 89. § 1: Feb. 28.

Legislature may submit questions of

law court.

§ 3793. Whenever such a subpoena shall have been served upon a witness in sufficient time to enable him to attend at the designated time and place, the only reasonable excuse for non-attendance shall be the sickness of himself or family, and should the time of service be insufficient, or a witness be prevented from attending by sickness, then it shall be his duty to give notice of the cause of his non-attendance and obey the subpoena as soon thereafter as required.

§ 3794. This act shall not be so construed as to authorize inquiry into the private business of any person, but it shall be held to authorize the investigation of the acts and conduct of any public official, the collection, disbursement and custody of all public funds, and the transactions of any person with reference thereto, in order that the legislative assembly may legislate intelligently, and that the public may have accurate information touching the same.

§ 3795. That any officer, employe or person who abstracts or takes any bill, resolution, paper, writing or record of any kind from the files of any legislative body, or changes any line or word of any such bill, resolution, paper, writing or record without permission so to do by the proper authority, or who shall aid, assist or abet or connive at any one in changing, or altering, or abstracting or taking any bill, resolution, paper, writing or record of any legislative assembly of this territory in violation of this act, shall, upon conviction thereof, be fined in a sum not less than five hundred dollars, nor more than one thousand dollars, and shall be imprisoned in the penitentiary of the territory for not less than one year, nor more than three.

§ 3796. That when, in the opinion of any legislative asto supreme sembly of this territory, as expressed through a joint resolution of said assembly, any question of law may arise before the legislature while in session, necessitating the opinion of the justices of the supreme court, upon the certification of such question by the speaker of the house and president of the council to the chief justice, the latter may call together all the associate justices to meet at once in the City of Santa Fe, to consider and decide such question, and notify the two C. 21. L. 95, § 1: houses of said assembly of their decision thereon.

Feb. 26.

§ 3797. That upon the certification of the accounts of said chief justice, the territorial auditor shall issue his warrant upon the territorial treasurer, payable out of the salary fund, for ten dollars each per diem, for the time actually engaged in the consideration of such question, and actual, necessary traveling expenses from and to their respective districts.

TERRITORIAL SEAL.

§ 3798. The coat of arms of the Territory of New Mexico shall be the Mexican eagle, grasping a serpent in its beak, the cactus in its talons, shielded by the American eagle with outspread wings, and grasping arrows in its talons. The date MDCCCL under the eagles; and under that, on a scroll, the motto: Crescit Eundo. That the great seal of the territory have the coat of arms thereon, being the same seal now used by the secretary of the territory, and that the same be adopted and established as the official seal and coat of arms of the Territory of New Mexico.

C. 70, L. 87. § 1; Feb. 11.

Design.

§ 3799.

CONSTRUCTION.

Terms, defined.

When any person, party, or subject matter is described or referred to, by words importing the singular number, or the masculine gender, several matters, persons, and females as well as males, and bodies corporate as well as in- 3: Sept. 22. 1846. dividuals, shall be taken to be included.

C. L. 1865. chap. 72.

Original language controls.

§ 3800. Hereafter in the construction of the statutes of this territory, whether the same be of the Compiled Laws, Revised Laws, or of the Session Laws, the language in which the said law was originally passed shall govern, whether it be in Spanish or English; and no part of said statutes which may be shown by said Compiled Laws, Revised Laws, or Session Laws, to be only the translation of the law originally passed, whether in Spanish or English, shall be taken into consideration by any court of this territory, in making any Jan. 8. ruling, or decision, based on any statute of this territory.

§ 3801. An act entitled, An act relative to the revision of the statute, approved January 24, 1865, sections three thousand eight hundred and two and three thousand eight hundred and three, shall in no part or provision thereof, be construed as a re-enactment of the portion of said laws referred to in said act, which may appear by the published compilation, or revision thereof, to be a translation of the original law, but that the same shall only be construed as a re-enactment of the original law, in the language in which the same was originally passed before the said compilation or revision was made.

§ 3802. The revision of the statutes, commencing with article one, entitled, Acequias, and ending with article sixtyseven, entitled, Woods and Prairies, with all and each of the articles and chapters inclusive, be and the same are hereby declared to be, The Revised Statutes and Laws of the Territory

L. 1874, chap. 1 § 1;

Erroneous translation invalid.

Id. § 2.

Revision adopted.

L. 1865. chap. 12, of New Mexico, and as such shall have full force and effect in all courts thereof.

1; Jan. 24. Tr.

Terms, defined.

Id. § 2.

§ 3803. In all cases in the said articles and chapters where the words, Superior Court, are used they shall be taken and construed to mean and intend, Supreme Court, and the words, Circuit Court, shall be taken and construed to mean and intend, District Court, and the word, Prefect, shall be taken and construed to mean and intend, Judge of Probate, and the words, Prefect's Court, shall be taken and construed to mean and intend, Probate Court, and the word, Alcalde, shall be taken and construed to mean and intend, Justice of the Peace, in conformity with the description of courts and judicial officers established in the organic act for this territory.

Corporations: how to be formed.

L. 1878, chap. 1, § 1: Feb. 2.

Articles to set

forth.

Name.

Purpose.

Place of business.

Term: limit.

Directors: name and residence.

Capital stock: division of.

Capital: actual.

ORGANIZATION.

§ 3804. Railroad corporations may be formed by the voluntary association of any five or more persons, in the manner prescribed in this chapter. Such persons must be citizens of the United States.

ting forth:

Articles of incorporation must be prepared, set

First. The name of the corporation.

Second. The purpose for which it is formed.

Third. The place where its principal business is to be

transacted.

Fourth. The term for which it is to exist, not exceeding fifty years.

Fifth. The number of its directors, which shall not be less than five, nor more than eleven; and the names and residences of the persons who are appointed to act as such, until their successors are elected and qualified.

Sixth. The amount of its capital stock, which shall not exceed the amount actually required for the purposes of the corporation, as estimated by competent engineers, and the number of shares into which it is divided.

Seventh. The amount of capital stock actually subscribed, and by whom.