1 is acquired, the same shall come immediately under the control of the park commission. $ 2538. The park commission, herein provided, shall not for any purpose, expend a greater sum in any one year than the amount actually paid into its treasury, and the town or city shall not, under any circumstances, be liable for any indebtedness contracted beyond such expenditure. Misuse, etc.. of parks property. un § 2539. Hereafter any person, guilty of misuse, taking, disturbing, disfiguring, or destroying, any park or park prop- lawful: penalty. erty, shall be punished by a fine of not less than five ($5.00) dollars, nor more than one hundred ($100.00) dollars, or imprisonment in the county jail for not less than ten, or more than thirty days, or both such fine and imprisonment in the discretion of the court. The justice of the peace shall have jurisdiction of all offenses committed under this act; and all fines collected under this act, shall be paid in to the treasurer of the park fund, for the use and benefit of the parks. Id. § 10. Indorsements, ef feet of. § 2540. Notes, bonds, due bills and all instruments in Staab et al. vs. Jaramillo, vol 1, page 57, W. C. Rep. C. L. 1865, C. 14, § 1: Assignor, discharg liability: how. § 2541. The assignor may discharge himself from liability ed from to the assignee by specifying in the assignment that the same is made without recourse. § 2542. No contract for labor, or for the payment or delivery of property in which the time of performance is not Performance: demand of. Jan. 8. 1852. C. L. 1865, C. 14, § 3; fixed, can be converted into a money demand until a demand of performance has been made and the maker refuses, or a reasonable time is allowed for performance. Damages; how recoverable. Id. § 4. Notes and orders due on Sunday, payable next day. § 2543. The rate of damage to be allowed and paid upon the non-acceptance or non-payment of bills of exchange drawn or indorsed in this territory, when damage is recoverable, shall be as follows: If the bill be drawn upon a person at a place out of the United States, twelve per cent. upon the principal specified in the bill, with interest on the same from the time of the protest; if drawn upon a person at a place in any of the United States or territories thereof, six per cent., with interest. Orr et al. vs. Hopkins. vol. 1. page 157, W. C. Rep. $2544. Any promissory note or order for the payment of money at some future time, which, by its terms, becomes due and payable on Sunday, or on any legal holiday, shall be construed to fall due and become payable on the next business Legal holidays, de- day thereafter; and, for the purposes of this act, the fourth day of July, the twenty-fifth day of December (Christmas), the first day of January (New Year's day), and all days designated by public proclamation of the governor as fast days, or thanksgiving days, shall be deemed legal holidays. fined. L. 1876, chap. 30, § 2: March 1. Negotiable paper has days of grace. Acceptances vold. unless evidenced in writing. Id. § 2. Fees of public. notary facie evidence. § 2545. All notes in writing, whereby the maker shall unconditionally promise to pay to the order of any person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner, and shall have days of grace, as inland bills of exchange, according to the custom of merchants. § 2546. That all acceptances of commercial paper and all promises to accept the same, shall be void, unless evidenced by a memorandum in writing, signed by the person to be charged, or his agent. § 2547. A notary public shall be entitled to charge and receive for each act of protest and certificate thereof, the sum of two dollars and no more; and for each notice of protest forwarded to parties entitled to notice, the sum of twenty-five cents; and costs of protest may be recovered with the original Certificate: prima debt. The certificate of a notary public, under his official seal, as to presentment, demand, non-payment or non-acceptance, and notices to parties, shall be prima facie evidence of the facts certified to, whether the note or order was protested False certificate: in or out of this territory; and any notary public, who shall willfully issue a false certificate in relation to any note or order protested by him, shall be punished by a fine of not less than twenty dollars, nor more than five hundred dollars, and shall also be liable for damages to any party injured by such L. 1876, C. 30. § 3: false certificate. penalty. March 1. Lawful money, de fined. § 2548. The money of account of this territory shall be the dollar, cent and mill; and all public accounts, and the proceedings of all courts in relation to money shall be kept and ex- § 1: Jan. 2, 1852. pressed in money of the above denomination. C. L. 1865. chap. 79, Denominations to be reduced § 2549. The above section shall not in any manner affect any demand in money of another denomination, but such de- cimal. mand in any suit or proceeding affecting the same shall be reduced to the above denomination. $ 2550. The rate of interest, in the absence of a written contract fixing a different rate, shall be six per cent. per annum, in the following cases: First. On money due by contract. Second. On judgments and decrees for the payment of money when no other rate is expressed. Third. On money received to the use of another, and retained without the owner's consent expressed or implied. Fourth. On money due upon the settlement of matured accounts from the day the balance is ascertained. Fifth. On money due upon open account, after six months from the date of the last item. 2551. Judgments and decrees for the payment of money shall draw the same rate of interest with the contract on which they are rendered, and such rate, if other than six per cent. shall be expressed in the judgment or decree, but no judgment or decree shall draw more than twelve per cent. interest. $ 2552. In current or open accounts in commercial houses there shall not be collected more than six per cent. interest thereon, six months after the delivery of the last article: Provided, That in written contracts for the payment of money, it shall not be legal to recover more than twelve per cent. interest per annum. § 2553. Any person, persons or corporation who shall hereafter charge, collect or receive from any person a higher rate of interest than twelve per cent. per annum, shall be guilty of a misdemeanor, and upon conviction thereof before the district court or a justice of the peace, shall be fined in a sum of not less than twenty-five dollars, nor more than one hundred dollars; and such person, persons or corporation shall forfeit to the person of whom such interest was collected or received, or to his executors, administrators or assigns, double the amount so collected or received upon any action brought for the recovery of the same within three years after such cause of action accrued. § 2554. The provisions of this act shall also apply to any person, persons, corporation or officer of the same, who may Id. § 2. to de Interest; rate legal. Id. § 4. Judgment, interest on: how determ ined. ld. § 5. Interest: rate established. L. 1882. chap. 25, § 2: March 2. Interest; rate. Usury; penalty for. L. 1884. chap. 80, § 1: April 3. Act; application of. April 3. C. 80, L. 84. § 2 charge, receive, or collect a higher rate of interest than twelve per cent. per annum by means of discount, commission, agency, or any other subterfuge. Value of grain, only, to be exacted. L. 1866, chap. 14. § 1: Jan. 3. Tr. § 2555. All persons who shall purchase grain of any kind whatsoever, from one or more laborers, in case of any general injury or particular accident, such as inundation, devouring insects, scarcity of water, damage or any other unavoidable accident, in such cases the purchaser or purchasers of grain shall not have the right to exact of their debtors their pay in grain, but only exact the amount they may have paid for the same, adding thereto twelve per cent. annually, on said amount. Governor may ap point during recess. GENERAL PROVISIONS. § 2556. In all cases wherein the governor is or may be authorized by law to make appointments, by and with the advice and consent of the council, he is hereby authorized to make temporary appointments during the recess of the legis § 18: Jan. 25, 1851. Tr. lative assembly, to continue until the meeting of the same. C. L 1865, chap. 92. Public documents; transmission of. § 2557. All public officers of this territory who may have received law books, as such officers, are hereby required to turn over the same to their successors, as also the record and all other documents relative to their respective archives: Provided, That the members of the legislative assembly shall § 20: Jan. 18, 1855. Tr. not be included in this act. C. L. 1865. chap. 92. Secretary and notaries may administer oaths; when. 2558. The secretary of the Territory of New Mexico, and all duly commissioned and acting notaries public, within the counties for which they are commissioned, be, and they are hereby authorized and empowered to administer oaths and affirmations in all cases where magistrates and other officers within the territory authorized to administer oaths may do Past acts legal- So, under existing laws and with like effect. And all oaths and affirmations heretofore administered by notaries public and the secretary of the territory, if in good faith, are here ized. by confirmed and made valid the same as if administered under this act. L. 1882. chap. 28, § 1: Feb. 11. Official oath; how taken. C. 42, L. 93. § 1; May affirm; how. § 2559. Whenever any person shall be required to take an oath before he enters upon the discharge of any office, place or business, or on any other lawful occasion, any person administering the oath shall do so in the following form, viz: The person swearing shall, with his right hand uplifted, follow the words required in the oath as administered, beginning: I do solemnly swear, and closing: So help me God. Feb. 23. § 2560. Whenever any person is required to take or subscribe an oath and shall have conscientious scruples against taking the same, he shall be permitted, instead of such oath, to make a solemn affirmation, with uplifted right hand, in the following form, viz: You do solemnly, sincerely and truly declare and affirm, and close with: And this I do under the pains and penalties of perjury, which affirmation shall be equally valid as if such person had taken an oath in the usual form; and every person guilty of falsely, willfully or corruptly declaring as aforesaid, shall be liable to punishment for the same as for perjury. Id. § 2. Auditor to report defaulters. $ 2561. When any collector, or other officer of this territory, who is required by law to settle his accounts with the auditor of the territory, fails so to do within twenty days after the time fixed by law, the auditor is required to transmit to the district attorney of the district in which the defaulter resides, or if there be no such district attorney, then to the attorney general of the territory, a sworn statement of the indebtedness of the defaulter, as appears by the books and § 1; Jan. 10, 1853. records of his office. Territory vs. Branford, Vol. 1, page 360, N. M. Rep. 2562. If the auditor cannot ascertain the exact indebtedness of the defaulter, he must state the same in his affidavit. § 2563. It is hereby made the duty of the attorney general and of the district attorneys, to immediately institute suit, in the district court, against such defaulters, by petition, and when the amount of indebtedness is unknown, the same may be left blank. Territory vs. Branford, Vol. 1. page 360, N. M. Rep. § 2564. The officer sued shall, on or before the second day of the return term of the summons, file his answer to the petition under oath. C. L. 1865, chap. 91, Territorial property: secretary to take § 2565. It shall be the duty of the secretary of the territory, immediately after an adjournment of any session of the charge of. legislative assembly, to take possession of all furniture and other property of said assembly, together with all books, papers, bills, joint resolutions and other incomplete documents of both houses, as also all stationery that may have remained § 12: Jan. 6, 1852. unconsumed during the session. § 2566. It shall be the duty of the secretary of the territory carefully to keep all such property, books, papers and stationery in some safe place within the building used as the capitol, until the next succeeding session of said legislative assembly, and at the commencement of such next session, to C. L. 1865, chap. 100, Property to be kept: how. |