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Sec. 8. The court shall have full power to approve the whole or a. part of said report, reject any item or credit or debit or set aside the whole report, and order a new investi. gation in whole or in part, and if in the judgment of the court the referee has failed to impartially and fairly discharge his duties as such referee, the court shall have power to substi. tute such referee by appointing some other person as such referee qualified under the provisions of this act, or may take testimony before the court without a referee. The court after having fully satisfied itself as to the correctness and completeness of such report, shall proceed to render such judgment as to the amount due from said officer or person to the Territory or to the county, or to such officer or person from the Territory or county, for such amount as it may find to be justly, lawfully and equitably due and payable.
Sec. 9. Any such judgment rendered against an officer or person shall run against the officer or person and the sureties on his official bond, if such bondsmen shall have been made parties to the action, and no execution shall be issued on any judgment until after the lapse of thirty days, and if not paid within that time execution shall issue as in other civil cases, but if the judgment shall be rendered against the Territory or county in favor of said officer or person, a certified copy of the same shall be filed with the auditor of the Territory or the clerk of the board of county commissioners, and such judgment when against the Territory shall be paid out of any funds in the territorial treasury, except interest funds, upon presentation of a certified copy of such judgment, and if against a county, a special levy shall be made for the payment of same whenever the next levy is made by the board of county commissioners for county purposes. Whenever any such judgment against an officer or person is paid and satisfied as herein before provided, the officer or person and his sureties on his bond shall thereupon become fully released and discharged from any liability on such bond or from any further liability on his accounts.
Sec. 10. During the pendency of any proceeding under this act no other action shall be brought or maintained involving the same matter: Provided, Action commenced under the provisions of this act is commenced before the issues are made up in any pending action, or unless the time for commencing the action under the provisions of this act is barred by the statute of limitations.
Sec. 11. Either party aggrieved by any judgment rendered under the provisions of this act may appeal therefrom to the supreme court by complying with the provisions of the law regulating appeals and supersedeas as in other civil cases, and costs may be taxed and recovered as in civil cases according to the rights of the parties.
Sec. 12. Any proceeding under this act shall be brought in cases where the officer or person is out of office in the county where he resides, and in cases where the officer is still incumbent of office, in the county where he has his official residence. Proceedings may also be brought under this act in the manner herein provided by any officer or ex-officer of any territorial institution. Any proceeding brought under the provisions of this act for the settlement of any account with any county shall be brought in the district court of the county wherein the cause of action arose.
Sec. 13. Providing, That pending the final determination of any proceeding under this act the statute of limitations for any criminal prosecution shall be suspended and a failure to pay any judgment within thirty days as herein provided shall be considered prima facia evidence of the crime of embezzlement of the amount of money adjudged to be due.
Sec. 14. The provisions of this act shall not apply to any suit pending for the settlement of accounts of territorial or county or other public officers prior to the 28th day of Febru
Sec. 15. This act shall be in full force from and after its passage, and all acts or parts of acts in conflict herewith are hereby repealed.
AN ACT RELATIVE TO THE ISSUANCE OF WORTHLESS CHECKS.
H. B. No. 76; Approved March 14, 1907.
Sec. 1. Issuance of worthless checks to constitute crime. Punishment. Justices of
the Peace to have jurisdiction when, and punishment. Be it enacted by the Legislative Assembly of the Territory of
New Mexico: Section. 1. That any person who shall wilfully or with intent to defraud draw or utter any order or check or other instrument, for moneys, on any bank, general merchandise store or other establishment, or upon any person, knowing that such order or check or other instrument will not be paid or honored upon presentation thereof, upon conviction there. of shall be punished by a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars or by imprisonment for not less than three months nor more than three years, or by both such fine and imprison. ment, in the discretion of the court trying the cause: Provided, That in cases where the order, check or other instrument sought to be used is for twenty dollars or less, justices of the peace shall have jurisdiction and shall assess a punishment of a fine of not less than thirty dollars ($30.00) nor more than one hundred dollars ($100.00) or by imprisonment in the county jail for not less than thirty days nor more than ninety days or both such fine and imprisonment.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.
AN ACT RELATIVE TO RECOGNIZANCES. H. B. No. 67; Approved
March 14, 1907.
Sec. 1. Court may require two sureties for appearance of witness. Proviso.
Mexico: Section 1. That hereafter in any criminal cause pending in any court of New Mexico, whenever in the judgment of the court the ends of justice demand, it shall be lawful for the court to require any witness on behalf of the Territory to furnish written recognizance with two or more good and sufficient sureties to be approved by the court, conditioned for his appearance and attendance as a witness in any such cause before any court wherein such cause may lawfully be or to become pending for examination or trial: Provided, however, No witness shall be required to furnish sureties on any such bond for his attendance as herein provided, except in murder cases.
Sec. 2. Whenever any witness who has entered into personal recognizance or has furnished written recognizance of the character hereinabove provided for his attendance as a witness in any cause lawfully pending before any court of this Territory, shall fail to appear and testify in accordance with the conditions of any such recognizance, it shall be lawful for the court in which any such cause may be pending to cause an attachment to be issued for any such witness.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after the date of its passage.
AN ACT TO AMEND SECTION 1294 OF THE COMPILED LAWS OF
1897, RELATIVE TO COMBINATIONS AND MONOPOLIES. H. B. No. 14; Approved March 14, 1907.
Sec. I. Section 1234, Compiled Laws of 1897, amended.
Mexico: Section 1. That Section 1294 of the Compiled Laws of New Mexico of 1897 be, and the same is hereby, amended so as to read as follows: "All contracts and agreements in violation of Section 1292 and 1293 shall be void, and the person or persons, corporation or corporations, association or associations who shall violate the provisions of either of said Sections shall be civilly liable to the party injured for any and all damage occasioned by such violation, and any purchaser of any commodity from any individual, corporation or association transacting business in violation of this act shall not be liable for the payment for such commodity.”
Sec. 2. This act shall take effect and be in force from and after date of its passage, and all acts and parts of acts in conflict with this act are hereby repealed.
AN ACT TO AMEND SECTION 1799 OF THE COMPILED LAWS OF
1897. C. B. No. 36; Approved March 16, 1907.
Sec. 1. Amending Section 1799, CO piled laws of 1897.
Mexico: Section 1. That the words, “on the warrant of the aud. tor, out of any funds in the hands of the territorial treasurer," be added to Section 1799 of the Compiled Laws of 1897, after the word "Territory,” where the same appears at the end of said section.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT ENTITLED AN ACT FOR THE PROTECTION OF HIGHWAY
BRIDGES AND FOR OTHER PURPOSES. C. B. No. 37; Approved March 16, 1907.
Sec. 1. Misdemeanor te ride faster than walk across bridges.
Mexico: Section 1. No vehicle, wagon, cart, carriage, buggy, or other conveyance drawn by one or more animals shall be driven faster than a walk, nor shall any one ride any animal faster than a walk, on any public bridge covered with plank flooring and thirty feet long, composing part of highway, if a board with the words "five dollars fine for riding or driving on this bridge faster than a walk” legibly painted in black letters on a white ground is kept exposed in some conspicuous place at each end thereof.
Sec. 2. Whoever wilfully violates the preceding secion of this act shall be guilty of a misdemeanor, and on coniction thereof before any justice of the peace having jurisdision shall be fined in any sum not more than tive dollars: Provided, No person passing after sunset and before sunrise is so liable unless he previously had knowledge of such prohibition.
Sec. 3. It shall be the duty of road overseers to have made and exposed notices as provided in Section 1 of this bill at all bridges fifty feet long or over and the cost of having same made and painted shall be paid out of the county road fund.
Sec. 4. This act shall take effect and be in force from and after its passage.