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which two persons shall hold their office until the adjournment of the regular session of the legislature next after their appointment; and in case of vacancy caused by resignation, removal from the territory, or from the office for cause, the said judge shall appoint as in the first instance: Provided

That neither one of said trustees shall receive any compensation for his services.

§ 2189. It shall be the duty of said board of trustees, as soon as possible after their appointment, to meet on the call of the said district judge, and organize, by electing one of the members secretary, whose duty it shall be to keep a full record of the proceedings of such meeting in a well bound book, to be paid for out of the library fund, which said records shall be signed by the said district judge as ex-officio chairman, and countersigned by the secretary. Said ex-officio chairman and one other member shall constitute a quorum for the transaction of such business as may come before any meeting.

C. 42. L. 89. Feb. 12.

First duty of board.

Id. § 3.

Rules and regulations in respect to and

control of library.

§ 2190. That it shall be the duty of said board at its first regular meeting to prescribe such rules and regulations for management the management and control of such library, as in the judg ment of said board may seem fit and proper for the safety, care and custody of the library, shelving, books, documents and archives therein, and for the convenience and accommodation of the patrons of the same; which rules and regulations shall be printed, and copies posted in the library hall and in such other places as may be thought necessary and proper; which said rules and regulations, as soon as printed and posted shall be binding on the librarian and all the patrons thereof.

Id. § 4.

Duties in regard to management of h

§ 2191. That it shall be the duty of said board to make all orders, and purchase all books for said library for which an brary. appropriation shall have been made: to have shelving made, changed or repaired, and to have full and complete management of all the financial affairs of the said library.

2192. That it shall be the duty of the librarian to present vouchers for all express charges and postage on books received and sent by him, and all other incidental expenses incurred by him to the secretary of said board, and no expense accounts shall be allowed or paid to the librarian until audited and allowed by said board.

§ 2193. That it shall be the duty of said board to meet at such times and places as the ex-officio chairman shall designate, and it shall be the duty of said board, at any meeting, to examine all accounts and vouchers presented by the librarian or any one else against the library, and if found correct, audit the same, and the said judge shall sign the same as ex-officio chairman, which shall be countersigned by the secretary.

$ 2194. That it shall be the duty of the territorial auditor, and he is hereby authorized, to draw warrants on the territorial treasurer in payment of all accounts audited and signed, as provided in the last preceding section, to the extent of the appropriations for such purposes, but for no more.

$ 2195. The territorial library shall be in the care and custody of a librarian appointed by the governor, by and with

Id. § 5.

Duties of librarian.

Id. § 6.

Time and place of meeting.

Id. § 7.

Duty of territorial auditor.

Id. § 8.

Librarian appointed bi-ennially.

1: March 1.

L. 1882, chap. 52. the advice and consent of the legislative council, who shall hold his office for two years and until his successor is appointed and qualified.

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2196. The library shall be kept by him in the room provided for that purpose in the capitol, at the seat of government, and the librarian shall provide for the safe keeping therein, all things belonging or appertaining thereto, and provide shelving for the arrangement thereof, in such manner as to be easy and convenient of access.

2197. The librarian shall give bond to the territory in the sum of two thousand dollars, with one or more sufficient sureties for the faithful performance of his duties, for the preservation and safe delivery of all property committed to his care to his successors, or to the governor, and for the faithful paying over all moneys that may come into his hands from fines, forfeitures or otherwise, which bond is to be approved by the governor, and filed in the office of the secretary of the territory.

§ 2198. The librarian shall have the custody and charge of all books, archives, maps, charts, engravings and all other things properly belonging to the library, or directed to be deposited therein.

§ 2199. The library shall be kept open during the session of the legislature, and of the supreme and district courts, at the seat of government from eight to twelve o'clock in the forenoon, and from two to five o'clock in the afternoon of each day, Sundays excepted, and at other times from nine to twelve o'clock in the forenoon, and from one to four o'clock in the afternoon of each day, Sundays excepted.

§ 2200. That the salary of the territorial librarian is hereby fixed at the sum of six hundred dollars per annum, payable monthly, from and after the 1st day of March, A. D. 1891, and no person shall be qualified to be appointed to or hold said office unless he be able to speak, read and write both the English and Spanish languages fluently. The librarian shall have the right to leave any competent person in his place during any time that he may be absent or that it may be impossible for him to attend to his duties as librarian: Provided, That he pays said person himself, and that he be responsible for the actions of said person as librarian.

§ 2201. No person shall be permitted to remove from the library any books or other property belonging thereto, except the governor, the judges of the supreme and district courts, the United States district attorney, the attorney general, the members and officers of the legislature during the session thereof, and attorneys of the supreme and district courts during term time; but no one of said persons shall be allowed to take such books or property from the library without executing a receipt therefor, nor keep the same more than ten days at any one time.

§ 2202. No books or other property shall be removed from the seat of government, and no person shall be entitled to have more than two books from the library at the same time: Prorided, That during the terms of the supreme and district courts of the territory, the judges and attorneys may be per

mitted to take and use any number of books needed on the trial of causes: Provided, Said books shall not be taken from the seat of government, and shall be returned according to law.

C. 52. L. 82. § 8: March 1.

Librarian

violat

2203. If the librarian shall permit or allow any person, ing act: penalty. not authorized by this act, to remove a book or other property from the library, he shall be liable to pay a fine of ten dollars for every book or other article so taken, and it shall be the duty of the governor to direct the strict enforcement of this penalty.

§ 2204. Any person not authorized by this act so to do, who shall take from the library a book or other property belonging thereto, either with or without the consent of the librarian, shall forfeit three times the value of such book or property, to be recovered by the librarian, in the name and for the use of the territory, before any court of competent jurisdiction: Provided, That in case of felonious taking the party or parties guilty shall be punished in the manner now provided by law.

§ 2205. It shall be the duty of the librarian to prepare an alphabetical catalogue of the library, with the number of books as described in the succeeding section and report the same to the legislature.

§ 2206. It shall be the duty of the librarian to cause each book in the library to be labeled with a printed label, to be pasted on the outside of the cover, with the words, Territorial Library, New Mexico, with the number of the volume in the catalogue of said library inscribed on said label, and also to stamp the same words at the bottom of the twenty-fifth page of each volume.

§ 2207. All books that may be hereafter added to the library shall be labeled and stamped in the same manner and entered in the catalogue immediately on their receipt, and before they can be taken therefrom.

§ 2208. Any person injuring, defacing, destroying or losing a book or other property belonging to the library, shall forfeit twice the value thereof to be sued for and recovered as provided for in section two thousand two hundred and four, or if it shall be one volume of a set, he shall forfeit the full amount of the value of the set, and it shall be the duty of the librarian to prosecute such person, upon such loss or injury coming to his knowledge: Provided, That if such person shall within a reasonable time replace the book or other article, so injured or lost, he shall not be liable to fine or prosecution under this section.

Section two thousand two hundred and nine obsolete and omitted.

§ 2210. The librarian shall report to the governor whenever called on, a list of books and other property missing from the library and the amount of fines and forfeitures imposed and collected, and the amount uncollected, a list of accessions to the library since the last report, and all other information in relation to the library that he may call for. He shall also make a full and specific report to the legislature on the first of its session.

Section two thousand two hundred and eleven obsolete and omitted.

Id. § 9.

Removing books unlawfully: penalty.

ed.

Id. § 10.

Catalogue.

Id. § 11.

Books to be label

Id. § 12.

Books: additions to be labeled.

Id. § 13.

Books, defacing. etc.: librarian to prosecute.

Proviso.

Id. § 14.

Librarian to report.

Id. § 16.

C. 52. L. 82, § 18: March 1.

Fines, for library fund.

Act to be posted.

Id. § 21.

Reports:

rial property.

territo

§ 2212. All fines and forfeitures shall be for the use of the library.

Section two thousand two hundred and thirteen obsolete and omitted.

§ 2214. This act shall be posted in conspicuous places in the library.

$2215. The copies of the supreme court reports distributed to territorial and county officers of New Mexico shall be and remain the property of the territory, and shall be delivered by the several officers receiving the same to their sucFailing to deliver: cessors in office. Any officer failing or refusing to so deliver such volume to his successor, as in this section provided, shall be liable to damages in the sum of ten dollars, together with all costs, to be recovered by suit, brought by the county or district attorney, for the benefit of the territory, in any

penalty.

L. 1982 chap 54. $ court of competent jurisdiction.

4: Feb. 20.

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Lien, defined.

L. 1880, chap. 16. § 1: Feb. 10.

§ 2216. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.

$ 2217. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road or aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent, and every contractor, sub-contractor, architect, builder, or other person having charge of any mining, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purposes of this act.

C. 16, L. 80, § 2: Feb. 10.

Liens; who are entitled to.

Lots in cities or towns subject;

§ 2218. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in, or when. otherwise improves the same, or the street in front of, or adjoining the same, has a lien upon such lot for his work done and materials furnished.

§ 2219. The land upon which any building, improvement, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing the materials for the same, the land belonged to the person who caused said building, improvement or structure to be constructed, altered or repaired, but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien.

$ 2220. The liens provided for in this act are preferred to any lien, mortgage or other incumbrance which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished; also to any lien, mortgage, or other incumbrance of which the lien holder had no notice, and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.

$2221. Every original contractor, within ninety days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this act, must within sixty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file for record with the county recorder of the county in which such property or some part thereof is situated, a claim containing a statement of his demands, after deducting all just credit and offset, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification,

Id. § 3.

Land subject: when.

Id. § 4.

Liens having preference.

Id § 5.

Lien; when to be

filed.

of.

Record: statement

Claim to be veri

fied.

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