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“Every domestic corporation and every foreign corporation doing business in this Territory, except organizations incorporated for religious, charitable or benevolent purposes, or those not organized for profit, shall file in the office of the Secretary of the Territory, within thirty days after the first election of directors and officers, and annually thereafter, within thirty days after the time appointed for holding the annual election of directors, a report authenticated by the signatures of the president and one other officer, or by any two directors of the company, stating:
I. The name of the corporation;
II. The location (town or city, street and number, if street and number there be) of its registered office in this Territory, and the name of the agent upon whom process against the corporation may be served;
III. The character of its business;
IV. The amount of its authorized capital stock, if any, and the amount actually issued and outstanding;
V. The names and addresses of all the directors and officers of the company and when the term of office of each expires;
VI. The date appointed for the next annual meeting of the stockholders for the election of directors, and how appointed.
If such report is not so made and filed, the secretary shall notify the corporation of such delinquency by letter addressed to it at the place of its principal office, for which notice the secretary shall be paid a fee of one dollar ($1.00) by such corporation, and if such report is not made and filed within thirty days after such notice, the corporation shall forfeit to the Territory twenty-five dollars ($25.00), to be recovered with costs in a civil action, to be prosecuted by the solicitor general or any district attorney, who shall prosecute such actions whenever it appears that this section has been violated: Frovided, That if, after suit has been filed, the delinquent corporation shall file such report and pay all accrued costs, suit shall be dismissed: Provided, further, No law of the Territory of New Mexico now existing shall be construed so as to hold any county of the Territory of New Mexico, or any fund thereof, liable for the payment of any fees to any officer by virtue of the provisions of this section, and all such fees shall be collected from the corporations against which such suits may be instituted under the provisions of this section. The Secretary of the Territory shall, upon application, furnish blanks in proper form, and shall safely keep in his office all such reports and shall prepare an alphabetical index thereof, which reports and index shall be opened to the inspection of all
persons at proper hours. Whenever any corporation is no longer engaged in active business in this Territory, any two stockholders, directors or officers thereof may unite in signing a statement to that effect, which statement may be filed in lieu of such annual report, and upon the filing of the same the Secretary of the Territory shall be authorized to strike the name of such corporation from the list of live corporations in this Territory; but such action shall not be construed in any sense as a formal dissolution of such corporation, nor shall such corporation be relieved thereby from any outstanding obligation.
Any corporation in this class may be fully revived by the resumption of active business and the filing of the annual report contemplated by the provisions of this section.”
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 its passage.
H. B. No.
AN ACT RELATING TO COMMUNITY LAND GRANTS.
134; Approved March 18, 1907.
Sec. 1. Establishing manner of controlling Land Grants.
elections. Provisions. Method and specifications for elections.
Mexico: Section 1. Hereafter all grants of land in the Territory of New Mexico made by the Government of Spain, or by the Government of Mexico, to any community, town or pueblo, or of the class of grants mentioned in Section 2 hereof, shall be managed, controlled and governed as herein provided.
Sec. 2. This act shall apply to all grants of land made by the Government of Spain, or by the Government of Mexico, to any community, town, colony or pueblo, or to any indivi. dual for the purpose of founding or establishing any commu. nity, town, colony or pueblo; to all grants that have been heretofore confirmed by the Congress of the United States, or by the Court of Private Land Claims, to any community, town, colony or pueblo, and to all grants or private land claims recommended by any surveyor general of this Territory for confirmation by Congress to any town, colony, community or pueblo, or designated as a grant to any town, colony, community or pueblo, in any report or list of land grants prepared by such surveyor general and contirmed by Congress in accordance therewith; but shall not apply to any land grant which is now managed or controlled in any manner, other than herein provided, by virtue of any general or special act of any Legislative Assembly of the Territory.
Sec. 3. The management and control of all the grants and tracts of land to which this act is applicable by virtue of Section 2 hereof is hereby vested in a board of Trustees, to be known as the “Board of Trustees of the ---Land Grant” (designating the same by the name of such town, colony, pueblo or community), and said board shall have the following general powers:
I. To control, care for and manage the said grant and real estate, and to prescribe the terms and conditions under which the common lands thereof may be used and enjoyed, and to make all necessary and proper rules and regulations for the government thereof.
II. To sue and be sued under the title aforesaid.
III. To sell, convey, lease, or mortgage so much of the land grant or real estate under its control as aforesaid as is held in common.
IV. To prescribe the price to be paid for the use of the said common lands and to prohibit any person failing or refusing to pay such amount from using any portion of the same while he continues in default in such payments; Provided, That the amount so fixed shall be in proportion to the number and kinds of live stock pasturing upon such common lands.
V. To adopt and use an official seal.
VI. To appoint judges and clerks of election at all elections herein provided for, subsequent to the first, and to canvass the votes cast thereat.
Sec. 4. The said board of trustees shall consist of seven, members, no two of whom shall be elected from the same precinct, excepting in cases where there are less than seven precincts within such grant. No person shall be qualified to be a member of such board unless he be a qualified voter at the general elections held in this Territory, and for at least five years prior to his election shall have resided within the exterior boundaries of such grant. The members of such board shall hold their offices for the period of two years and until their successors are elected and qualified.
Sec. 5. An election for the choice of the first members of such boards shall be held on the first Monday of May, 1907, and on the first Monday of May of each alternate year thereafter. All persons residing within the limits of such grant, and who have so resided for the period of five years next prior to the election at which they offer to vote, and who are qualified electors at the general elections held in this Territory, shall be qualified to vote at such elections. Each of such voters may vote for seven trustees, all upon one ballot, but no ballot shall be counted that bears the names of two persons residing in the same precinct, except in cases where there are not seven precincts within such grant. The persons receiving the greatest number of votes shall be declared elected as such trustees.
Sec. 6. Whenever, in any of the grants aforesaid, there is now any committee, board or body of men assuming and claiming to control or manage such grant, or to represent the same, and actually exercising the powers and rights so claimed, and which committee, board or body of men has been chosen, elected or authorized, or whose claims and actions have been in any manner ratified or approved, by a majority of the qualified voters within said grant, it shall be lawful for such committee, board or body of men to give public notice of the time of said election, and to fix and give notice of the places therefor in each of said precincts, which notice shall be given by hand-bills posted in five public places in each of said precincts at least fifteen days prior thereto, and also by publication for said period in some newspaper published within said grant, in case there be one. Said election shall be conducted, as nearly as practicable, in the same manner as provided by law for the holding of general elections in this Territory, except that no registration shall be required, and it shall not be necessary to have an official ballot, or one of particular size, and the judges and clerks of such elections shall be appointed, and the votes canvassed by such committee, board or body. In case there is no such committee, board or body of men, or the same fails or refuses to call said election,
then the said election shall be called, notice given, judges and clerks appointed, and the votes canvassed by the board of county commissioners of the county, within which such grant or the greater portion thereof is situated, and such board of county commissioners shall so act upon the petition of any three qualified voters residing within said grant, presented to it in writing thirty days or more prior to the date herein fixed for such first election, or any election subsequent thereto.
Sec. 7. Said committee, board or body of men, or the board of county commissioners of said county, appointing such judges and calling such election, shall meet on the first Monday following such election and canvass the votes cast thereat, and issue to the persons having a majority of such votes a certificate showing such persons to have been duly elected thereat.
Sec. 8. The members of such board so elected shall meet on the first Monday after the votes are canvassed, and organize by the election of a president, secretary and treasurer, who shall perform such duties as may be required of them by such board.
Sec. 9. Regular meetings of said board shall be held at such times as such board may by its rules determine, and special meetings may be held at any time on call of the president, five days notice thereof being given to each member.
Sec. 10. A majority of such board of trustees shall constitute a quorum for the transaction of business and the town, colony, or community aforesaid, and the inhabitants thereof, shall be bound by the acts of such board done in pursuance of the provisions hereof.
Sec. 11. No sale, mortgage or other alienation of the common lands within such grant shall take effect until a resolution authorizing such sale, mortgage or other alienation of of such lands is adopted by such board, and until such resolution is presented to the qualified voters within such grant at one of the elections herein provided for, or at a special election called by such board for that purpose, and approved by a majority of the persons legally voting thereat
Sec. 12. All meetings of said board of trustees shall be public and no executive sessions shall be held; all persons residing within the limits of such grant shall have the right to be present at all times when such board is in session, and to be heard on all matters in which they may be interested.
Sec. 13. If a vacancy shall occur in any such board, the remaining members thereof shall fill such vacancy by appointment, to be made at a regular meeting, and the person