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shall upon the service of execution upon him as aforesaid, give to the officer having such a writ a certificate of the number of shares or amount of the interest held by the defendant in such company; and if he shall neglect or refuse so to do, or if he shall wilfully give a false certificate thereof, he shall be liable to the plaintiff for double the amount of all damages occasioned by such neglect or false certificate, to be recovered in an action on the case against him.
Sec. 128.—Proceedings When Such Officer is a Non-Resident.-Notice
of Levy. When the secretary, clerk, cashier, or other officer of any corporation that is or hereafter may be incorporated under the authority of this territory, who has the custody of the books of registry of the stock thereof, shall be a non-resident in this territory, it shall be the duty of the sheriff or other officer, receiving writ of execution issued out of any court of this territory against the goods and chattels of a defendant in execution holding stock in such company, to send by mail a notice in writing, directed to such non-resident, secretary, clerk, cashier, or other officer, at the postoffice nearest his reputed place of residence, stating in such notice that he, the said sheriff or other officer, hold such writ of execution, and out of what court, at whose suit, for what amount, and against whose goods such writ has been issued, and that by virtue of said writ, he, the said sheriff or other officer, siezes and levies upon all the shares of stock of such company held by the defendant in execution on the day of the date of such written notice; and it shall also be the duty of such sheriff or other officer, on the day of mailing such notice, as aforesaid, to affix and set up upon any office or place of business of such company, within his county, a like notice in writing, and on the same day to serve like notice in writing upon the president and directors of said company, or upon such of them as reside in his county, either personally or by leaving the same at their respective places of abode; and the sending, setting up and serving of such notices in the manner aforesaid, shall constitute such levy taken, a valid levy of such writ upon all shares of stock in such company held by the defendant in execution, which have not at the time of the receipt of such notice by the said clerk, cashier or other officer, who has custody of the books of registry of the stock thereof, been actually transferred by the defendant; and thereafter any transfer or sale of such shares by the defendant in execution, shall be void as against the plaintiff in said execution, or any purchaser of such stock at any sale thereunder.
Sec, 129.–Non-Resident Officer to Return Statement and Certificate,
Etc., Penalty for Failure, Etc. That the non-resident clerk, cashier, or other officer in such company, to whom notice in writing is sent, as prescribed in the preceding section, shall thereupon send forthwith, by mail or otherwise, to the officer having such a writ, a statement of the time when he received such notice, and a certificate of the number of shares held by the defendant in such company at the time of the receipt by him of such notice, not actually transferred on the books of said company; and the said sheriff or other officer shall on receipt by him of such certificate, insert the number of such shares in the inventory attached to said writ; and if such clerk, cashier, or other officer in such company, neglect to send such certificate, he shall be liable to the plaintiff for double the amount of all damages occasioned by such neglect or false certificate, to be recovered in an action on the case against him; but the neglect to send, or miscarriage of such certificate, shall not impair the validity of the levy upon the stock.
Sec. 130.-Writs of Attachment. Writs of attachment when properly issued may be served upon stock in the same manner as executions are provided to be served herein and shall bind the stock as a levy upon the same, unless dissolved by the court, from the date of service of such writ, in accordance with the preceding sections of this act.
Sec. 131.-Provisions of Act Extended to Special Corporations.
The provisions of this act shall be held applicable to corporations incorporated under the provisions of the following acts:
1. "An act to authorize the formation of companies for the purpose of constructing irrigating and other canals and the colonization and improvement of lands, ” approved February 24, 1867, and being Sections 468 to 494, inclusive, of the Compiled Laws of 1897, and also including Section 467 of said laws;
2. An act entitled “An Act for the incorporation of building and loan associations," approved February 14, 1887, and all acts amendatory and supplementary thereto;
3. An act entitled "An Act in relation to banks and banking," approved April 3, 188, and also an act entitled "An Act providing for the organization of saving bank and trust associations," approved February 17, 1887, and all acts amendatory or supplementary thereto;
An act entitled "An Act relating to trust companies," approved March 12, 1903; but trust companies may be incorporated under this act as well as under said special act: But, Provided, II owever, That this act shall not be held to divest the corporations incorporated under any of said acts of any rights, privileges or franchises which such corporations now have. And all the provisions of said act as to organization, powers, capital stock, stockholders, liability and suspension shall apply to any company organized under this act and doing business in the Territory of New Mexico.
Sec. 132.—Special Acts Not Repealed.
The acts referred to in the last preceding section shall not be held to be repealed by this act but the provisions of this act and the provisions of said acts shall be construed together as one act, and the general provisions of this act relating to the management, control, reports, amendments, stock liability, levy upon property or corporations, levy and sale of stock, and all other general provisions contained in this act which can be enforced consistently with the provisions of the said special acts hereinbefore referred to shall be held to apply to all such corporations, and such corporations shall have the advantage of any of the provisions of this act: Provided, However, That the powers to be exercised by corporations already incorporated under the special acts under which they may be incorporated or by the articles of incorporation, shall not be held to be extended by this provision.
Sec. 133.-Applies to Railroad, Telegraph and Express Companies, How.
This act shall also not be held to affect in any manner the existing laws relating to railroad, telegraph and express companies, except so far as expressly applicable to such corporations: Prorided, However, That any corporation incorporated under or complying with the provisions of this act, for the discharge of any public duty or utility, requiring the condemnation of private property for a public purpose, may exercise such power and privilege by complying with the existing laws relating to the condemnation of private property for railroads purposes, or any laws subsequently enacted regulating such right and procedure thereunder. All public corporations and boards shall have the same right to exercise such power in the same manner as a corporation for a public purpose, when the powers conferred upon them by law render the acquiring and taking of private property necessary and proper.
Sec. 134.-Other Laws Repealed. The provisions of the general incorporation act, beginning with Section 411 and ending with Section 456 inclusive, of the Compiled Laws of 1897, be and the same are hereby repealed: Provided, That such repeal shall not affect or impair the rights of any corporation heretofore organized or doing business in this territory under the provisions of said act, or any other law of this territory.
Sec. 135.- Publication. Within 30 days after the filing of the same a certified copy of the certificate of incorporation and all amendments or supplements thereto, and all amended certificates of incorporation, and certificates thereto, and all amended certificates of incorporation, and certificates of stockholders non-liability, shall be published in some newspaper of general circulation in the county where the general place of business of such corporation is designated, and in the case of foreign corporations, in the county wherein resides the agent of such corporation on whom process may be served, and proof of such publication shall be filed with the secretary of the territory within 20 days after the date of the last publication. And upon failure to comply with this provision for a period of 20 days thereafter, such corporation, whether domestic or foreign, shall forfeit the right to do business in this territory and be fined in a sum not less than one hundred dollars for such failure, to be recovered by suit in the name of the territory.
For such publications, and all other publications required under this act, the publisher shall receive not to exceed the fees allowed for publication of notice of pendency of suits, as prescribed by the laws of the territory. Any less rate may be contracted between the parties as they may see fit.
Sec. 136. This act shall take effect and be in force from and after the date of its passage.
AN ACT AMENDING SECTION 3718, OF THE COMPILED LAWS OF
NEW MEXICO OF 1897. H. B. No. 165; Approved March 15, 1905.
Section 3718, Compiled Laws of 1897, regarding compounding and dispensing
prescriptions, amended. Penalty for permitting unregistered pharmacists to compound and dispense prescriptions
Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. Section 3718 of the Compiled Laws of 1897 is hereby amended as follows: In the last line of said section strike out the word "five" and insert in lieu thereof the word "twenty-five" and add at the end of said section “and upon a second conviction and proof thereof shall be fined in a sum not less than one hundred dollars nor more than two hundred dollars.”
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed and this act shall be in force and effect from and after
AN ACT ENTITLED AN ACT TO AMEND SECTION 1541, OF CHAPTER 1, OF THE COMPILED LAWS OF 1897, RELATING TO
H. B. No. 12; Approved March 15, 1905.
SCHOOL HOUSE BOND LEVIES.
Sec. 1. Section 1541, Chapter 1, Compiled Laws of 1897, regarding the issuance of
bonds by school districts, amended. School directors empowered to issue bonds. Maturity. Rate of interest.
Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section No. 1541 of Chapter 1 of the Compiled Laws of 1897 be amended so as to read as follows, to-wit:
That school directors shall have power and authority to borrow money for the purpose of erecting and completing school house by issuing negotiable bonds of the district, to run any period of not