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treasurer of the respective counties, which shall be placed by said treasurer to the credit of a special fund to be known as the “Flood Sufferers' Relief Fund," and all moneys disbursed hereunder shall be paid out by warrant issued by such chairman of the respective boards of county commissioners drawn upon the county treasurer, and a receipted voucher shall be taken in each instance from each and every person receiving benefits hereunder, which voucher after being duly receipted shall be forwarded together with the report of all disbursements made hereunder by each board of county commis" sioners to the governor of the territory. Such vouchers shall designate the place of residence and precinct wherein the beneficiary resides.

Sec. 8. All necessary expense actually incurred incident to the investigation, disbursement and printing of vouchers, etc., under the provisions of this act, shall be paid out of the current expense fund of such counties: Provided. That such expense shall in no county exceed in the aggregate the sum of two hundred and fifty ($250.00) dollars.

Sec. 9. For the purpose of constructing a dýke for the protection of the City of Albuquerque from floods, there is hereby appropriated the sum of four thousand ($4,000.00) dollars, which sum shall be payable to the order of the mayor of the city of Albuquerque. The construction and location of such dyke shall be made under the direction and control of the mayor and city council of the City of Albuquerque, and shall be constructed in a substantial manner under the direction of a competent civil engineer, who shall be designated by said mayor and the city council of said city. An itemized report shall be made upon completion of such dyke by the said mayor and city council to the governor of the territory, showing all disbursements and construction work made pursuant to this act.

Sec. 10. There is hereby appropriated the sum of three thousand ($3,000.00) dollars payable out of said “Flood Sufferers' Relief Fund," which shall be paid to the order of the mayor of the City of Socorro. The said sum herein appropriated shall be expended under the direction of the mayor and city council of the said City of Socorro for the purpose of completing the construction of a dyke to protect the said City of Socorro from flood waters. The said mayor and city council are hereby required to keep an itemized and accurate account of all disbursements made under the provisions of this act and cause a full and complete report of the same to be made and sent to the governor of the territory upon completion of such dyke.

Sec. 11. There is hereby appropriated the sum of two thousand five hundred ($2,500.00) dollars payable out of the said “Flood Sufferers' Relief Fund,” for the purpose of constructing a dyke for the protection of the towns of San Marcial and Old San Marcial and the farms adjacent thereto, which sum of money shall be made payable to the order of such person as shall hereafter be designated by the governor of the territory who shall be a member of a commission to be composed of three persons, residents of the town of San Marcial, and the governor of the territory is hereby authorized and directed to select and appoint three suitable persons, one of which shall be a civil engineer and all of which persons shall be residents of the said town of San Marcial, to act as a commission with authority to supervise, direct, locate and control the construction of a dyke for the protection of the towns of San Marcial and lands adjacent thereto. Said commission shall keep an accurate itemized account of all expenses made hereunder and make a full and detailed report of their proceedings, setting forth the amount of work accomplished, the amount of cubic yards contained in such dyke and all other information incident to a complete report, which report shall be forwarded to the governor of the territory upon the completion of such dyke. The said commission is furthermore authorized and required to obtain the assistance and co-operation of the citizens of the town of San Marcial and Old San Marcial and corporations or railroad companies who may have a common interest in the protection of said towns from floods.

Sec. 12. There is hereby appropriated the sum of fifteen hundred ($1,500.00) dollars payable out of the said “Flood Sufferers' Relief Fund,” for the purpose of constructing a dyke for the protection of the town of Hillsboro from floods. The governor is hereby authorized and directed to designate and appoint a commission to be composed of three persons who shall be residents of the town of Hillsboro, which commission shall locate and shall have charge, control and direction of the construction of said dyke; construction to be made in a substantial manner and upon the completion thereof they shall render a complete report to the governor of the territory showing all disbursements made and the number of cubic yards contained and material used. The said appropriation of fifteen hundred ($1500.00) dollars herein provided shall be payable to the order of such person, as may be designated by the governor of the territory who shall be one of the members of said commission herein provided for.

Sec. 13. The treasurer of the territory is hereby authorized to deduct from the proceeds of the sale of such certificates authorized to be sold under the provisions of this act all necessary expenses incident to the carrying out of the provisions of this act.

Sec. 14. This act shall take effect on and after its passage.

CHAPTER 1.

AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE

DISTRICT COURT IN THE FIFTH JUDICIAL DISTRICT OF THE
TERRITORY OF NEW MEXICO. C. B. No. 35; Approved
February 9th, 1905.

CONTENTS.

Sec. 1. Sec. 2.

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Term of court in fifth judicial district, Eddy, Roosevelt and Chaves counties.
All writs issued by district court returnable at the times and places designat-

ed in section 1.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. The regular terms of the district court in the fifth judicial district of this territory shall hereafter be held and commenced as follows: In the County of Eddy, at the county seat of said county, commencing on the first Monday of March and the first Monday of September of each year; in the County of Roosevelt, at the county seat of said county, commencing on the first Monday of April and the first Monday of October of each year; in the County of Chaves, at the county seat of said county, on the third Monday of April and the third Monday of October of each year.

Sec. 2. Every writ, summons, bond, recognizance, subpoena, venire or other process whatever, which has been or may be issued or taken out from the district court for any of said counties in said district returnable to a regular term of court shall be returnable at the times and places designated in Section 1 of this Act and shall have the same force and effect as if the same had been made returnable at the times and places mentioned in said Section 1 of this Act.

Sec. 3. That an emergency exists and that this act shall take effect and be in force from and after its passage.

CHAPTER 5.

AN ACT TO ESTABLISH AN INSURANCE DEPARTMENT IN THE

TERRITORY OF NEW MEXICO AND TO REGULATE INSURANCE COMPANIES DOING BUSINESS THEREIN. H. B. No. 73; Approved February 9, 1905.

CONTENTS.

Sec. 1. Insurance department established.
Sec. 2. Superintendent of insurance. Term. Qualifications.
Sec. 3. Superintendent of insurance to take oath of office. Bond.
Sec. 4. Salary of superintendent of insurance.
Sec. 5. Seal of insurance department. Effect of sealed documents as evidence.
Sec. 6. Omce of superintendent of insurance. Employment of persons to make ex-

aminations of insurance companies.
Sec. 7. Transfer of papers in other offices to office of superintendent of insurance.
Sec. 8. Superintendent of insurance to keep and preserve records.
Sec. 9. Superintenden: of insurance to examine companies wishing to do business

through agents. Examination of insolvent companies. Proviso. Fine

for making false statements, Proviso. Sec. 10. Superintendent of insurance may publish result of examinations. Revoca

tion of authority of unsound companies. Sec. 11. Fees. Sec. 12. Moueys to be paid into territorial treasury. Expenses of insurance depart

ment. Provisn. Accounts of superintendent to be audited. Sec. 13. Money collected to be turned over to territorial treasurer. Proviso. Sec. 14. Prohibition against adoption of similar names. Sec. 15. Prohibition against doing business for unauthorized companies. Penalty. Sec. 16. Qualifications of companies transacting insurance business in the territory.

Foreign companies before doing business must appoint superintendent of insurance attorney for service. Contents of power of attorney. Super

intendent of insurance to give notice of service to companies. Sec. 17. Charter of foreign companies and statement of financial condition required

to be filed. Contents of statement. Proviso. Sec. 18. Annual statement of insurance companies to superintendent of insurance

required. Information to be included in statement. Evidentiary value

of company's refusal to comply with provisions of act. Sec. 19. Paid up capital required of insurance companies. Sec. 20. Duty of superintendent of insurance to examine form of all policy contracts.

Prohibition against policies failing tu provide for cancellation on equit

able terms. Sec. 21. Penalty for violation of act. Sec. 22. Foreigo companies to write no policies except on approval of resident

agent. Sec 23. Prohibition against re-insuring. Sec. 24. Superintendent of insurance authorized to examine books at principal office

of company violating section 22. Penalty for refusal of company to allow

inspection. Sec, 25. Exer on of fraternal, religious and benevolent societies from provisions

of act. Exception. Fee for filing annual statement of fraternal, religious and benevolent societies. Mutual companies not exempted by provisions of this act.

Sec. 26.

Section 2136 of Compiled Laws of 1897, prohibiting mutual companies from do

ing business upon stock company plan, and vice versa, re-enacted. Section 2139, Compiled Laws of 1897, placing fine on fire insurance companies failing to give p'oper security as required by Section 2138, Compiled

Laws of 1897, re-enacted. Sec. 27. Scope of words "Insurance Company." Sec. 28. Reports hitherto sent to territorial auditor to be sent to superintendent of

insurance. Sec. 29. Domestic companies to file copy of articles within 30 days after organization. Sec. 30. Sections 2115, 2117-2120, 2122-2126, 2128-2135, Compiled Laws of 1897, relating

to insurance duties of territorial auditor and certain requirements of insurance companies, repealed. Act of Legislative Assembly 1881 entitled “An Act to incorporate a fire company in the city of Santa Fe," repealed. Chapter 106, Laws of 1901, relating to transaction oí business by fire in.

surance companies otherwise than through resident agents, repealed. Sec. 31. Act not to affect policies or insurance contracts in force before its passage. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That there is hereby established a department, to be known as the Insurance Department of the Territory of New Mexico, which department shall be charged with the execution of all laws now in force, or which shall hereafter be enacted, in relation to insurance companies doing business in the Territory of New Mexico.

Sec. 2. It shall be the duty of the governor, by and with the consent of the legislative council, to appoint a superintendent of insurance, who shall be the head of the said insurance department, and who shall hold his office for the period of two years and until a successor is appointed and qualified, but in no case shall such superintendent hold any position as an officer, agent or employe of any insurance company, nor shall he be directly or indirectly interested in any insurance company except as a policy holder.

Sec. 3. Such superintendent of insurance shall within thirty days after being so appointed, and before entering upon the discharge of the duties of his said office, take and subscribe an oath to support the Constitution of the United States and the Organic Act of the Territory of New Mexico and to faithfully and impartially perform the duties of his said office and shall also give a bond to the Territory of New Mexico in the sum of twenty thousand ($20,000.00) dollars, conditioned for the faithful performance of all the duties required of him by law, which bond shall be approved by the governor and shall be filed and recorded, together with the said oath, in the office of the secretary of the territory.

Sec. 4. Such superintendent of insurance shall receive a salary of two thousand four hundred ($2,400.00) dollars per annum, which shall be paid out of the insurance fund hereinafter provided for.

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