"Acceptance" means an acceptance completed by delivery or notification. "Action" includes counter claim and set-off. "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange and "note" means negotiable promissory note. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by deliv ery. "Instrument" means negotiable instrument. "Issue" means the first delivery of the instrument, complete in form to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. Sec. 192. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable. Sec. 193. In determining what is a "reasonble time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade, or business (if any) with respect to such instruments, and the facts of the particular case. Sec. 194. Where the day, or the last day, for doing an act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. Sec. 195. The provisions of this act do not apply to negotiable instruments made and delivered prior to the passage hereof. Sec. 196. In any case not provided for in this act the rules of the law merchant shall govern. Sec. 197. All acts and parts of acts in conflict herewith and all acts relative to negotiable instruments are hereby repealed, and this act shall be in force and effect from and after its passage. CHAPTER 84. AN ACT PROVIDING FOR THE TAKING OF DEPOSITIONS OF WITNESSES IN THE TERRITORY OF NEW MEXICO, FOR USE IN A FOREIGN STATE, TERRITORY OR COUNTRY. C. B. No. 23; Approved March 21, 1907. CONTENTS. Sec. 1. Giving method of procedure in taking of despositions. Witnesses must attend, etc., on order of the court. Sec. 2. Penalties for refusal to attend or answer questions. Be it enacted by the Legislative Assembly of the Territory of New Section 1. Where an order has been made by the court or a judge in a foreign state, territory or country, or stipulation has been entered into, or a notice given pursuant to the practice in such state, territory or country for the taking of the deposition of a witness within the Territory for use in a legal proceeding or cause pending in such state, territory or country, any judge shall, upon proof of such facts, issue an order directing the witness or witnesses to attend before the judge, notary or commissioner therein named, and to testify under oath or affirmation, and to produce such books, papers and writings as may be deemed material, at a time and place certain, and upon such further day or days as the judge, notary or commissioner may appoint, but no witness shall be compelled to attend outside the judicial district in which he shall reside, or sojourn, nor unless served with a copy of such order ten days before the return day therein mentioned and is paid witness fees and mileage in the same manner as are required upon the service of a subpoena in a cause pending in the district court. Sec. 2. In case any witness shall refuse or fail to appear, be sworn or affirmed, and answer such questions as may be put to him, he may be proceeded against in the same manner and to the same extent as if such witness were testifying in a cause being tried before the district court; but no witness shall be required to deliver up any book, paper or writing to be annexed to the said deposition and taken out of the Territory, but a copy of the same may be annexed to such deposition. Sec. 3 The giving of false testimony before such judge, commissioner or notary shall be punished in the same man ner and to the same extent as if given before the court upon the trial of a cause in the district court. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall take effect and be in force. from and after its passage. CHAPTER 85. AN ACT PROVIDING FOR A FUND FOR DISABLED FIREMEN, THEIR WIDOWS AND ORPHANS AND FOR OTHER PURPOSES. H. B. No. 144; Approved March 21, 1907. CONTENTS. Sec. 1. Appropriation for New Mexico Association of Firemen. Be it enacted by the Legislative Assembly of the Territory of New Section 1. The Treasurer of the Territory of New Mexico shall annually on the first day of August of each year pay to the "New Mexico Association of Firemen" from the Insurance Fund ten per cent (10%) of the amount of money collected for said Insurance Fund to be used as a benefit fund for disabled firemen, their widows and orphans. Sec. 2. Fire companies that have been organized in cities, towns and villages in the Territory of New Mexico since the year 1904 shall hereafter be paid their pro rata amount equal to fire companies organized in cities, towns and villages be fore the year 1904 from the Insurance Fund as provided in Section 13 of Chapter 5 of the Acts of the Legislative Assembly of the Territory of New Mexico, 1905. Sec. 3. This act shall take effect and be in force from and after its passage, and all acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 86. AN ACT TO PROHIBIT EXPECTORATION UPON SIDEWALKS, PUBLIC PASSES, BY-WAYS AND PATHS IN CITIES, TOWNS AND VILLAGES IN THE TERRITORY OF NEW MEXICO, AND FOR OTHER PURPOSES. H. B. No. 103; Approved March 21, 1907. CONTENTS. Sec. 1. Sec. 2. Unlawful for persons to expectorate in certain places. Sec. 3. Buildings, etc., to be fumigated. Sec. 4. Penalties for violation of provisions of this act. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. It shall be unlawful for any person or persons to spit or expectorate upon any of the public sidewalks, crosswalks, passes, by-ways, or paths in any city, town or village, whether incorporated or unincorporated, or upon the floor or steps of any public building, store, church, opera house, office, room, school house or any other building in which persons are in the habit of frequenting, assembling or congregating, or upon the floor or steps of any street car, railway passenger coach or other public conveyance in the Territory of New Mexico. Sec. 2. It shall be compulsory on all persons having tuberculosis or the disease commonly called consumption to spit or expectorate in a cup or some covered receptacle. Sec. 3. All buildings, rooms and tents which have been used by a person having tuberculosis or consumption shall be thoroughly disinfected after said buildings, rooms or tents have been vacated, and all such disinfecting shall be done under the direction of the county health officer when said buildings, rooms and tents are not within the limits of an incorporated city or town, and when said buildings, rooms or tents are within the limits of said incorporated city or town, then the city physician shall disinfect said building, room or tent. And it shall be the duty of either the tuberculous person or the owner of said building, rooms or tents, to pay a reasonable fee for such disinfecting. Sec. 4. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a justice of the peace, shall be fined in a sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00), or by imprisonment in a city prison or a county jail for a period of not less than ten nor more than fifty days, or by both such fine and imprisonment at the option of the court. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect on and after its passage. CHAPTER 87. AN ACT TO AMEND CHAPTER 38 OF THE ACTS OF THE 35TH LEGISLATIVE ASSEMBLY OF NEW CONTENTS. Sec. 1. Amending Chap. 38, Laws of 1903. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Chapter 38 of the Acts of the 35th Legislative Assembly of New Mexico be, and the same is hereby, amended so as to read as follows: "Section 1. That all sheriffs, treasurers and probate clerks of the various counties in New Mexico shall establish and maintain their offices and headquarters for the transaction of the business of their respective offices at the county seat of their respective counties and shall there keep all the books, papers and official records pertaining to their respective offices; Provided, That such offices shall be provided for such officers at the expense of the respective counties. "Sec 2. Any county officer who shall fail to comply with the provisions of this act shall upon verified complaint by any taxpayer residing in the county in which such delinquent officer is serving, filed in the district court having jurisdiction over such county, setting forth the facts as to such violation of this act, and after hearing upon such notice as the court shall prescribe, and proof of such facts to the satisfaction of the presiding judge of such court, be summarily removed from his said office and such office declared vacant by judgment and decree of such court, and thereupon any vacancy so created shall forthwith be filled in the manner prescribed by law." Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after the date of its passage. |