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his certifying that the same is correct and has been done in conformity with the requirements of this act, the commission shall cause the public printer to immediately proceed with the publishing of the same in book form in both the English and Spanish languages, and the volumes bound in law sheep. The English copies shall be bound in one volume and the Spanish copies in a separate volume. In the apendix of the laws so compiled shall be printed the congressional act of 1850, organizing the territory, and any subsequent acts of congress amendatory thereto; the treaty of Guadalupe Hidalgo, the Gadsden treaty or such parts thereof as affect interests in this territory; and the Kearny Code.
Such apendix shall also contain a list by title of all laws passed since 1884, arranged by years, with notes showing which have been repealed, and when.
SEC. 5. Fifteen hundred volumes of the law so compiled, shall be printed in the English language and five hundred volumes in the Spanish language, all of which shall be suitably bound in law sheep and delivered by the public printer to the territorial librarian. One hundred copies thereof, or so many of that number as may be necessary, shall be placed at the disposal of the territorial secretary by the librarian, to be distributed by the secretary to the librarian of congress at Washington, to the president of the United States, to the heads of the departments at Washington. to the president of the senate and the speaker of the house of representatives of the United States, and to state, territorial and public libraries. The territorial librarian shall take receipts for all copies distributed, and shall report annually, on the first day of December, to the governor, the distributions and to whom and when made. When laws provided for in this act shall have been delivered to the librarian, it shall be his duty to notify the clerks of the various boards of county commissioners of the counties of the territory that the laws are ready for sale and to send them extracts of this law, setting out the duties of the clerks as herein set forth. Upon receipt of such notice by the clerks from the librarian, the said clerks shall forthwith notify the different territorial, county and precinct officers in their counties and mail or deliver personally to each of them a copy of the penalty clause in this act: Provided. It shall be the duty of the clerk holding office at the seats of the different judicial districts in the territory, only, to notify the territorial officers in such district. The following territorial, and county officers shall procure volumes of the laws as compiled in conformity with this act: All the territorial officers, each district judge, each district attorney, each district clerk, and each county clerk, probate judge, sheriff, treasurer, collector, assessor and all other county officers.
The volumes may be procured by applying personally or by letter to the territorial treasurer, in manner and form hereinafter set forth regarding the applications when made by the county clerks, or by depositing the required amount with the county clerk and procuring the volume through him as hereinafter provided. All officers desiring to procure volumes of the laws as required to do so by the provisions of this act, through the county clerk of any county of this territory, shall deposit with him a sum not to exceed ten dollars per volume and the county clerk shall receipt therefor. The amounts so paid to the county clerks, shall be forwarded by him to the territorial treasurer and the said treasurer shall make his receipts out for the amounts in triplicate, forwarding one to the clerk making the remittance, one to the territorial librarian and retaining one on file in his office. Upon receiving the receipt, the territorial librarian shall forward to the county clerk who has made the remittance, the number of volumes called for in the receipt, and under no condition, except that of a volume having been first paid for, shall the territorial librarian permit a volume of the laws required by this act, to be taken out of the territorial library, Provided, That this act shall not apply to such numbers as may be needed for the use of future sessions of the legislature. No territorial or county officer shall be qualified to perform the duties of his office, nor shall he receive any compensation therefor or emoluments therefrom, if, after having been notified by the said clerk of the board of county commissioners that he has the volumes ready to deliver, such officer does not procure within sixty days from the date of the clerk's making service of such notice, either by mailing or personally delivering the said notice in writing to such officer, a volume of the said Compiled Laws.
The secretary of the territory shall also send, without cost, one volume to each of the members of the thirty-second legislative assembly, and the territorial librarian is hereby directed to deliver to him a sufficient number to do so, over and above the one hundred volumes heretofore specified to be delivered to him. The remaining volumes shall be placed in the territorial library at the capital, to be distributed as new precincts are formed and new offices created, in manner and form as hereinbefore provided for existing offices; and to be sold by the librarian at a price to be fixed by the governor, solicitor general, auditor, or a majority of them, which price shall not be less than seven and one-half, nor more than ten dollars per volume.
The proceeds of such sales and the amounts paid the territorial treasurer by the different clerks of the boards of county commissioners, or other officers or persons as above required, shall be included and made a part of the appropriation hereinafter provided for the payment of the compilation required by this act, until such time as the said com
pilation shall have been entirely paid for, after which time such proceeds shall be used for the benefit of the territorial library.
SEC. 6. The sale of the volumes by the territorial librarian herein provided for, shall be in the following manner: The purchaser shall deposit with the territorial treasurer the price per volume fixed by the governor, solicitor general and auditor, or a majority of them. The treasurer shall make out his receipt for the amount paid hlm. in triplicate, stating the name of the purchaser, date of purchase, amount paid and number of volumes paid for. One of which receipts shall be delivered to the purchaser, one filed with the territorial auditor and one retained by the treasurer. Upon the purchaser delivering the receipt given him, to the territorial librarian, he shall receive the number of volumes called for in the receipt, and such receipts, retained by the territorial librarian, shall be his receipts to the territory for the volumes so given out by him.
SEC. 7. When the said laws have been printed and are ready for distribution, the governor shall issue his proclamation announcing such fact, and thirty days after the date of such proclamation said compilation shall go into effect, and thereafter the laws so compiled shall be received by all the courts and officers of this territory, and shall in all respects be as valid and as binding as original enrolled acts approved and filed in the office of the secretary of the territory as now provided by law.
SEC. 8. The secretary of the territory shall certify the accounts for the said volumes as they are delivered, accepting the duplicate receipts of the librarian to the public printer as proof of delivery by him of the volumes receipted for, and the auditor is hereby directed to draw.warrants upon the treasury in payment of such accounts upon the funds hereinafter provided: Provided. That the auditor is directed to pay one-half of the amounts of the accounts presented by the printer to him, during the progress of the work and until it is completed and delivered, upon the printer filing with him a sworn statement that the work as billed has been done and submitting to the auditor advance or proof sheets of the same. The secretary and assistant translator or typewritter of the commission shall be paid upon the certificate of a majority of the commissioners that the services claimed for have been actually performed, that they have completed the work and delivered the same to the printer in the time specified.
SEC. 9. There is hereby appropriated for the purpose of fulfilling the requirements of this act, sixteen thousand dollars, or so much thereof as may be necessary; eight thousand dollars of which shall be included and made a part of the miscellaneous fund for the 48th fiscal year, and eight thousand dollars of which shall be included and made a part of the miscellaneous fund for the 49th fiscal year: Provided, That the entire expense and salaries of the commission, secretary and assistant translator or typewriter provided for in this act, together with the necessary expense for traveling, laws, stationery, etc., shall not exceed five thousand five hundred dollars and the rates paid the public printer for printing, presswork, paper and binding shall not exceed those allowed by the territorial laws, and the total expenditure required by this act shall not exceed the amount above appropriated.
SEC. 10. In case of any vacancy occurring in the commission provided for in this act, from death, resignation or inability or failure to serve, such vacancy shall be filled by appointment by the governor.
SEC. 11. All laws and parts of laws in conflict with this act are hereby repealed, and this act shall take effect and be in full force from and after its passage.
COMPILERS' PREFACE TO THE COMPILED LAWS OF 1897.
All of the original members of the commission named in the act creating it, resigned. The governor appointed the undersigned to fill the vacancies then created. On March 31st the commission organized by selecting Hon. John P. Victory as chairman.
Maximiliano Luna, who was named in said act as secretary, resigned on the 12th of July and his place was filled by the election of Hon. Jose D. Sena to that position, in which he served until the work was completed. Mr. George A. Johnson was selected as assistant translator and typewriter at the same time and he also served until the work was finished.
They proceeded with the work, as soon as the laws of 1897 were printed and delivered, and have worked continuously, much of the time at night, in order to complete the work within the time mentioned in the act.
The old arrangement of 1884 has been generally preserved for the reason that the people of the territory had become familiar with it during the past fourteen years. The old titles are used although a number of new chapters have been added under their respective heads.
The new code is compiled as one section (2685) and its various sections are marked as sub-sections thereof. This was done in order that there might be no conflict in sections between the Compiled Laws and the original act as contained in the session laws and in the printed pamphlet of the same.
The commissioners were given no authority to revise, but were directed "to make a careful and accurate compilation of all the general laws of the Territory of New Mexico which shall be in force on the first day of April, A. D. 1897.
This limitation necessarily involved some discretion, for instance: The code by its terms did not go into effect until the first day of August, 1897, and all the old civil procedure was "in force on the first day of April and up to the first day of August. The commission deemed it advisable to compile both, leaving it for the courts to determine in a proper case, which should govern: also chapter 60, laws of 1897, "An act to provide for the compensation of county officers and for other purposes, " is compiled at the end of title 7 "County Officers, although many of its provisions are not to be in effect until 1898 and 1899.
The language of the original acts has been exactly followed except in the correction of palpable typographical errors. References to sections of the Compiled Laws of 1884 and to the session laws have been changed to correspond to the new sections in the present work, and in the Spanish translation, where glaring mistakes were apparent, they have been corrected so as to conform to the English original. But where the act was originally passed in the Spanish language, no attempt at any change has been made. It has been the constant endeavor of the commission to include every law not repealed either directly or by later enactments, and where there has been any doubt on this subject the old law has been compiled as well as the new, as in the case of the title “Counties." All the acts in regard to boundaries, and changes of division lines have been included, as it would require the services of an ex
pert surveyor and a boundary commission to reconcile the different laws on this subject.
All acts and portions of laws that are obsolete, or have been executed, or were special or limited in their terms, have been excluded from this compilation, and the disposition made by the commission of every section of every act, from 1897 back to and including the compilation of 1884, will be found at the end of the work just before the general index.
In the appendix, which is placed in the first part of the volume, as it was in the laws of 1884, is placed the complete Kearny Code, including the articles on “Registration of Lands" and Elections" which were omitted in the previous compilation. Also the letter of General Kearny transmitting the same to the secretary of war with his list of civil appointments for the territory, and the letter of President Polk to the house of representatives giving his views on the scope of this code. These additions are believed to be valuable historically, and for them the commission is indebted to the courtesy of Hon. T. B. Catron.
The Organic Act is printed as it was passed by congress, and the subsequent amendments and any act affecting the territory generally have been placed thereafter. The commission has used great care to include all such, and believes that none have been omitted.
The law creating the commission required it to complete its labors within six months from the 18th day of March, 1897, and as the laws of 1897 were not available until the 17th day of May, it has required great deligence and unremitting labor on the part of the commission and its assistants to complete the volume in the limited time given.
JOHN P. VICTORY,
Chairman. EDWARD L. BARTLETT,
THOS. N. WILKERSON, Attest:
Commissioner's. JOSE D. SENA,