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C. 72. L. 97, § 1: the treasurer, and the treasurer shall pay such paper out of the first moneys coming into the interest fund.

March 18.

Treasurer and auditor to keep of

fice at seat of gov pointed and term of

ernment: how ap

office.

To give bond.

C. 27, L. 91. § 1; Feb. 14.

Auditor and treasurer subject to penalties: when.

AUDITOR AND TREASURER.

§ 2608. The territorial treasurer and the auditor of public accounts of the territory shall keep their offices at the seat of government of the territory. They shall be nominated and by and with the consent of the legislative council, appointed by the governor, and shall hold their offices for and during the term of two years and until their successors are appointed and qualified. They shall, before entering upon the discharge of their duties, respectively, execute and deliver to the secretary of the territory a bond to the territory, in the sum of four hundred thousand dollars for the treasurer, and one hundred thousand dollars for the auditor of public accounts, with good and sufficient sureties, to be approved by the governor, and conditioned for the faithful discharge of the duties required or which may be required of them by law. The approval of the governor and the date thereof shall be indorsed on the bond. Said bond to be given within twenty days after the appointment is made.

§ 2609. If the auditor or treasurer shall willfully neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or by color of his office shall knowingly do any act not authorized by law, or in any other manner than is required by law, he shall, upon conviction upon indictment, be adjudged guilty of a misdemeanor in office and be fined any sum not exceeding Damages; how col- one thousand dollars, and be removed from office. The territory or any person injured, in the name of the territory, may sue, either before or after an indictment found, upon the bonds of the auditor and treasurer, for any damages suffered by reason of any of the acts of the auditor or treasurer in this section mentioned.

lectible.

C. L. 1865, chap. 102, § 15: July 14, 1851. Penalty for drawing or paying warrant when no money in fund.

C. 94. L. 91. § 10: Feb. 26.

§ 2610. If the auditor of the territory shall draw any warrant on the treasurer of the territory, or if the treasurer of the territory shall pay any warrant when there is no money in the treasury in the particular fund for which the warrant is drawn, he shall be liable to a fine of not less than one thousand dollars ($1,000.00) and imprisonment for not less than one year, and shall be summarily removed from office by the

governor.

CHAPTER IV.

PUBLIC PRINTER.

SECTION.

SECTION.

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§ 2611.

PUBLIC PRINTER.

There shall be elected at each session of the legislative assembly, by joint ballot of both houses of the general assembly, a public printer, at such time during the session as the two houses may concur that said election shall be held, who shall be an employe and not an officer.

§ 2612. It shall be the duty of each of the two houses of the legislative assembly and of every territorial officer including the governor, the secretary of the territory, the attorney general, the assistant attorney general, the auditor, the treasurer, the librarian, the secretary of the bureau of immigra tion, the adjutant general, the territorial prosecuting officers and all other territorial officials, to give all matters official of every description requiring to be printed, published or bound for the use of the territory, or to be paid for by the territory, to such public printer, who shall do all such public work promptly, and no other person shall receive payment for any such printing or work: Provided, That the public printer shall charge for all such public printing at the rate now allowed by the United States for similar printing, and for binding he shall charge a fair and reasonable amount to be agreed upon by said public printer and the secretary of the territory, and not to exceed what is charged to private persons for the same kind of work or twenty-five per cent. in excess of the amount paid by the United States government for similar work. The bills of the public printer shall be paid for in warrants issued by the territorial auditor upon the territorial treasurer, and the territorial auditor is hereby required to audit such bills or accounts and draw warrants therefor. the event of the death of such public printer, or of his becoming in any manner incapacitated to do such public printing or work, the officer requiring such printing or work to be done may contract for the same with any other person at the same rate as herein provided and the auditor shall audit and pay the same as herein before provided.

In

§ 2613. It shall be the duty of the secretary of the territory to require of said public printer a good and sufficient bond, in a sum not to exceed the sum of five thousand dollars, to secure the faithful discharge of his duties as public printer.

§ 2614. That said public printer shall hold his office for two years from the date of his election, and until his successor is duly elected and qualified: Provided, This act shall apply to the public printer elected by the joint session of the legislative assembly on the 7th day of January, A. D. 1889.

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Duty of officers to have work done

§ 2615. It is hereby made the duty of all territorial, county and municipal officers in the Territory of New Mexico, who within territory. purchase or contract for official printing, engraving, stationery, blank or printed record books, or any other printed or blank book supplies, to procure the same to be done within the Territory of New Mexico, upon the lowest and best terms possible, and it shall be unlawful for the territorial auditor, boards of county commissioners, or any other auditing body, to allow or cause to be paid any bills or accounts incurred,

Feb. 23.

~C. 75. L. 93, § 1: except in strict accordance with this act: Provided, That the cost of such supplies or work shall not exceed what like work or supplies cost prior to the passage of this act.

Penalty.

Id. § 2.

§ 2616. Any territorial, county, or municipal officer, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any of the district courts of the territory, shall be fined in a sum of not less than one hundred dollars, nor more than five hundred dollars, for each and every offense.

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Governor to appoint.

NOTARY PUBLIC.

2617. The governor shall appoint and commission in such counties as occasion may require, one or more notaries, C. L. 1865, chap. 80, who shall hold their office for four years.

$ 1: July 17, 1851.

Powers.

Id. § 2.

Acknowledgments and proofs.

Id. § 3.

Record and cop

ies.

Id. § 4.

Records. after death.

Id. § 5.

etc..

Seal: effect of.

§ 2618. They may administer oaths and affirmations in all matters incident or belonging to the exercise of their notarial duties.

§ 2619. They may receive the proof or acknowledgment of all instruments of writing relating to commerce, transportation and navigation, receive and authenticate acknowledg ments of powers of attorney, make declarations and protests, and certify the truth thereof under their official seals, concerning all matters by them done by virtue of their office.

§ 2620. Every notary shall keep a fair record of his official acts, and if required shall give a certified copy of any record in his office upon the payment of the fees therefor.

§ 2621. If any notary die, resign, be disqualified, or remove from the county, his records and official and public papers of his office shall, within thirty days after the happening of such contingency, be delivered to the clerk of the probate court of said county, to be by said clerk delivered to his successor when qualified.

§ 2622. Every notary shall provide a notarial seal, conAmended by chap. taining his name, title of office and name of the county for which he is appointed, and shall authenticate all his official acts and attestations therewith.

29: 1882.

Id. § 6.

Oath and bond.

Id. § 7.

§ 2623. Every notary, before entering on the duties of his office, shall take the oath of office, which shall be indorsed on his commission, and shall give bond to the territory in the sum of five hundred dollars, with two securities, conditioned for the faithful performance of the duties of his office.

§ 2624. Such bond, commission and oath shall be recorded in the recorder's office of the county, and the bond shall be filed in the office of the secretary of the territory, and may be sued by any party injured.

2625. No suit shall be instituted against any such notary or his securities unless within three years after the cause of action occurred.

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Notaries at military posts.

§ 2626. The governor shall be, and he is hereby authorized to appoint notaries public to reside at the different military posts in this territory, who shall be invested with the 10; Jan. 24, 1857. Tr. same powers now conferred upon them by law.

C. L. 1865. chap. 80,

Acts, past, legal

ized.

$ 2627. All acknowledgments heretofore taken by notaries public in this territory, and whose seals did not contain their places of residence, are hereby legalized and declared valid and binding, the same as if said seal contained the place of residence, and also all other acts of any person holding a commission as notary public and done in pursuance of the powers conferred upon notaries public by the laws of this territory, when done in good faith and within four years after the date of such commission, are hereby confirmed and made valid, the same as if such notary public had been duly qualified as such. 2: March 2

L. 1882, chap. 29, §

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Appointment:

powers.

§ 2628. That the governor of the Territory of New Mexico may appoint in each of the United States and territories thereof, and in every foreign kingdom, republic or monarchial form of government, one or more commissioners, to continue in office during the pleasure of the governor; and such commissioners are empowered to administer oaths, take depositions and affidavits to be used in this territory, and also to take the acknowledgments or proofs of deeds or other instru- Feb. 23. ments to be recorded in this territory.

§ 2629. Oaths administered by any such commissioner, affidavits and depositions taken by him, and acknowledgments and proofs of deeds or other instruments, as aforesaid, certified by him, under his hand and appropriate seal, are made as efficient in law, and to all intents and purposes as if done and certified by a justice of the peace, a notary public or a clerk of the district court of this territory.

C. 21. L. 97. § 1;

Acts: effect of.

Id. § 2.

Oath and seal: fil

§ 2630. Before any such commissioner can perform any ing of. of the duties of his office under this act, he is required to take and subscribe an oath that he will faithfully perform the duties of his office as such commissioner, which oath shall be

§ 3: Jan. 3. 1852.

C. L. 1865, chap. 47. taken and subscribed before some judge or clerk of a court of record in the state or territory in which the commissioner is to exercise his appointment, and certified under the hand of the person taking it, and the seal of his court; and such commissioner is also required to file the oath and certificate, together with signatures on paper, and a clear impression of his seal on a piece of paper, and a clear impression of his seal on wax or wafer, in the office of the secretary of the Territory of New Mexico.

Evidence: competency of.

Id. § 4. Fees.

Id $ 5.

Commissioners of other states; authority.

Id. § 6

§ 2631. A signature and seal, purporting to be the signature and seal of any such commissioner, will be entitled to the same force as evidence, with a signature and seal purporting to be those of a notary public.

§ 2632. Such commissioner is authorized to demand for his services the same fees as may be allowed for similar services by the laws of the state or territory in which he is to exercise office.

$2633. Commissioners of the like nature, appointed in this territory under the authority of any state or territory of the United States, are hereby invested with all the authority of a justice of the peace, to issue subpoenas requiring the attendance of witnesses before them to give their testimony by deposition or affidavit in any matter in which his deposition or affidavit may be taken by the law of such said state or territory, and they are also authorized to administer oaths in any matter in relation to which they are required or permitted by the law of the other state or territory; and false swearing in such cases is hereby made subject to the penal laws of this territory relating to perjury.

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Members of board: how appointed.

C. 64. L. 93. § 1: Feb. 23.

Board to meet at capital; when.

§ 2634. The governor shall appoint, with the consent and confirmation of the council, one tax payer from each of the five judicial districts to constitute the territorial board of equalization; such tax payers to represent and be of the different leading industries of the territory. Such board shall not have more than three representatives of either of the great political parties.

2635. Such board shall assemble on the second Monday of January in each year at the capital for the purpose of fixing the valuation upon all property belonging to railroad, telegraph, telephone and sleeping car companies doing business within the Territory of New Mexico, and said board is hereby

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