persons suffering loss or damage by reason of such violation, the loss or damage so suffered, within sixty days after the insolvency of such bank or banking institution shall have been judicially determined by the appointment of a receiver therefor, or the recovery of a personal judgment against such president, director or other officer, under the provisions of the last section, shall be held guilty of a misdemeanor, and upon conviction thereof, upon information or indictment, shall be punished by fine for each offense not exceeding five hundred, and not less than one hundred dollars, or by imprisonment not less than one nor more than twelve months in the county jail, or by both such fine or imprisonment.

C. 68. L. 87, § 24: Feb. 17.

Penalty.

Application of general incorpora

$284. The provisions of the general incorporation act, entitled: "An act to create a general incorporation act, per- tion law. mitting persons to associate themselves together as bodies corporate, for mining, manufacturing and other industrial pursuits," approved December 27th, 1867, and all acts in amendment thereof, so far as the same shall apply to incorporations incorporated under this act, shall be held to be applicable thereto.

Id. § 25.

TITLE IV-BONDS AND WARRANTS.

CHAPTER I.

FUNDING COUNTY AND OTHER MUNICIPAL INDEBTEDNESS FUNDING ACT, 1897.

cipal officers to de

Duty of all muni- § 285. That after the passage of this act, it shall be the termine indebted duty of the board of county commissioners of the several ness, other than counties of the territory, and of the boards of education in all

bonded.

municipalities in the territory, the proper officials and representatives of municipal corporations of all kinds whatsoever, and of the school directors of the several school districts in the different counties in the territory, to ascertain and determine the amount of the indebtedness other than bonded indebtedness of the several counties, boards of education, municipal corporations and school districts that may be floating, outstanding, and unpaid, however evidenced. For the purpose of notifying the different creditors that the same will be done and finally passed upon on the first Monday in May, A. D. 1897, it shall be their respective duties to publish or cause to be published in some weekly newspaper in their county for two consecutive weeks, and if there is no weekly newspaper in the county, then in some paper having a general circulation in the county, a statement to the effect that on the first Monday in May, A. D. 1897, proceedings will be commenced for the purpose of ascertaining and determining such indebtedness, at a place to be named, which shall be the county seat of said county, and that at such time they will continue in session for a sufficient length of time to transact the business before them. It shall be the duty of the several bodies or boards above named to consider and pass upon the claims of all creditors, as well those not present as those present, either in person or by attorney. Their proceedings shall be made of record in a book provided for that purpose, in which shall be entered the names of all creditors, the nature and character of the claim made, and when and in what year the indebtedness was contracted regardless of the time of issuance of any certificate or other instrument of indebtedness or when the amount was approved. The creditor claiming an indebtedness to be due shall make out his claim in writing stating the nature and origin thereof and when it accrued and shall accompany the same by any instrument of indebtedness, certificate or voucher upon which his claim is based, or an itemized account, if his claim is based thereon. In the event that any person or persons shall claim to be a creditor of any of the said bodies or boards in this section mentioned, upon instruments of indebtedness that are lost or after due diligence cannot be produced, he shall file with the clerk or secretary of any one of said bodies or boards, a copy of the instrument lost or unproduced, or a description, in the event a copy cannot be furnished, as near as may be, and such a copy or description shall be taken and passed upon as if the original instrument had been produced and filed: Prorided, He shall file with the said clerk or secretary a bond in double the amount of that mentioned in said instrument, which bond shall be signed by two or more good and sufficient sureties, conditioned to indemnify the said body or board before whom it is produced against any loss by reason of the claimant not being the owner or entitled to the benefit of said instrument or on account of said instrument having been paid, such bond to be approved by said clerk or secretary. On the hearing, any competent testimony may be introduced in support of or in rejection of any such claim, and the said body or board, before whom any such claim is presented shall

C. 12. L. 97. § 1; proceed to pass upon the merits of the case before them and allow or reject such claim as the evidence before them shall

March 12.

Claimant to have right to appeal.

Appeal tried

novo.

Id. § 2.

warrant.

§ 286. Any claimant, tax payer or any person or persons interested, feeling aggrieved by any action of any of said bodies or boards before which any claim may have been passed upon, shall have the right to appeal to the district court having jurisdiction in the county where the claim is pending, and the same shall be set by the court for hearing at the earliest convenient date. On the hearing of such appeal the claim de shall be tried de novo and an appeal may be had from the district court to the supreme court as appeals are now allowed in equity cases, except the same must be taken and perfected within sixty days after the decision of the district court.

Duty of claimant upon filing appeal.

$287. To be entitled to take such appeal the person or persons desiring the same shall, within thirty days after the decision of the body or board before whom the claim is presented, file a statement in writing, with a copy of his claim, to the effect, in substance, that he desires the claim to be reheard by the district court, with the clerk or secretary of said body or board, and in said statement shall set out as fully and clearly as practicable the extent and nature of his claim, the amount claimed, and the amount allowed by the body or board before whom it was presented, giving the time and place of such allowance, and shall at the time of taking such appeal, deposit with the clerk or secretary the sum of one dollar, as a fee to said clerk or secretary, and shall at the Deposit to be made same time file a bond to be approved by the said clerk or sec

of fee to clerk, and bond filed.

Conditions.

Duty of clerk or secretary.

Id $ 3.

How appeal may be perfected. District court may re

quire bonds for cost.

retary, with at least two good and sufficient sureties, residents of said county, in the sum of one hundred dollars, payable to the Territory of New Mexico, conditioned that the said person or persons so appealing will prosecute his said appeal with effect and without delay, and will pay all costs which may be adjudged against him in the said district court, and said court shall enter judgment against all parties appealing and their respective bondsmen, for the amount of costs assessed against the said parties, if he shall fail in the prosecution of his said appeal, or if his said appeal shall not be sustained in said district court. When the said fee shall have been paid and the said bonds shall have been filed and approved, as hereinbefore provided, it shall be the duty of the said clerk or secretary, to attach to said application for appeal, a certificate that the same is a true copy of the matter submitted before the body or board of which he is the clerk or secretary, and was passed upon by the said body or board, giving the day and date thereof, and shall transmit therewith. all papers that may have been filed in said cause.

$288. The claimant in order to perfect his appeal shall, within ten days, file the certified copy herein before mentioned, in the office of the clerk of the district court, and shall at the time of said filing, pay unto the said clerk, a fee of two dollars and fifty cents for the filing thereof. Any tax payer or person or persons interested, and entitled to an appeal, as provided for herein, shall be styled intervener or interveners and shall perfect such appeal in the same way and manner so far as

applicable as herein before provided for, for appeals by any claimant, and the district court in its discretion may require of any and all parties appealing, bonds for costs and other things besides those mentioned herein, such as may unto him seem fit and proper to effectively carry out the intent of this act. Immediately upon the filing of the said certified copy and the receipt by him, of the said fee, the clerk shall docket the said appeal as other cases are docketed and upon motion the same shall be set down for hearing by the judge of said district court, and heard in vacation or term time, as the court shall deem proper. Immediately upon the docketing of the said appeal it shall be the duty of the said district clerk to officially notify all parties interested, so far as the same is convenient, and shall notify the clerk or secretary certifying to the copy hereinbefore described, all which notices shall either be delivered in person by said clerk of the district court or shall be by him immediately sent through the mail by registered letter, and the cost of such registration shall be paid by the clerk of the district court out of the money herein required to be paid to him as a docket fee.

It shall be the duty of the district attorney of any county, before the board of county commissioners of which any such claim as herein provided is brought, to represent in the district court said board of county commissioners, at the hearing of the appeal herein provided for, and the fees allowed him by law shall be his compensation for such services. Said district attorney shall also represent in the said district court any other body or board, herein described, not otherwise provided by law with a legal adviser.

Judgment, entered.

how

Id. § 6.

Duty of munici palities to

§ 290. After the hearing on appeal by the said district court, a judgment upon said appeal shall be entered up by the clerk of the district court, and said clerk shall, under the seal of said court, certify the amount of said judgment to the clerk or secretary of the body or board from which the appeal was taken, and on the date herein provided, it shall be the duty of the said body or board to issue to the said claimant or appellant, in lieu of execution, the bonds as hereinafter provided. § 291. It shall be the duty of the board of county commissioners of the several counties in this territory, and also that coupon bonds. of boards of education, school districts and all municipal corporations of whatsoever kind or class, to issue coupon bonds of said county, board of education, school district or municipal corporation, of whatever kind or class, and they are hereby respectively authorized and empowered to issue said bonds to any claimant proving to be such for the amount and in the manner herein before provided.

Id. § 7.

issue

When bonds have to be issued.

Interest, when payable.

§ 292. The bonds provided for in section two hundred and ninety-one shall be issued on the first Monday of August, 1897, and shall be of the amount adjudged to be due any claimant, and shall bear interest at the rate of six per centum per annum from the date of issue, and such interest shall be payable on the first day of July and January of each year, after the date of issue. The principal and interest accruing on said bonds shall be payable at the office of the treasurer of the body payable. or board issuing said bonds, and all such bonds, shall be pay

Principal and accrued interest, when