Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-03-21

issuing the same and twenty-five
per cent penalty added, together
with interest and cost Of such
action, unless such holder is at the
time Of such presentation and de-
mand indebted to such person,
firm. trading or mercantile COM
pany, as provided in section ! Of
this act.
Sec. 3. That this act shall be
in full force and effect from and
after its passage.
Approved Feb. II, 1893.
CHAPTER XVII.
An act creating a contingent
fund for the Legislative assembly
of New Mexico.
CHAPTER XVIII.
An act for the protection and
relief of railroad employees and for
other purposes.
Be it enacted by the legislative
assembly of the Territory of New
Mexico:
Sec. l.. Every corporation OPP
Grating a railway shall be liable
i'm n sum sufficient to compensate
such employee for all damages sus-
tanned by any employee of such
corporation, the person injured or
damaged being without fault on his
or her part, occurring or sustained
in consequence of any mismanage-
ment, carelessness, neglect, default
or wrongful act Of any agent or
employe of such corporation, while
in the exercise of their several
duties, when such Encouragement.
c~arelessness, neglect, default OF
wrongful act of such employee OF
agent could have been avoided by
szch corporation through the ex-
ercise of reasonable care or dill
gence in the selection of compe.
tent employees or agents, or by not
overworking said employees or re.
quiring or allowing them to work
an unusual or unreasonable mum.
Der of hours; and any contrac'
restricting such liability shall bt
deemed to be contrary to the pub
lie policy of this Territory ant
therefore void.
Sec. 2. 1t shall be unlawful fol
any such corporation knowingly
/ and wilfully to S or operate an.
! car or locomotive that is defectiv,
or any car or locomotive upol
/, which the machinery and attach
ments thereto belonging are il
any manner defective, which de
{ fects might have been previousl.
, ascertained b. ordinary care an,
diligence by said corporation.
If the employee of any such COZ
5 poration shall receive any injur
by reason of such defect in an.
car or locomotive or machinery Q
attachments thereto belonging, o
8 shops or machinery and attacr
ments thereof owned and operate
or being run and operated by sue
corporation, through no fault {
his own, such corporation shall b
liable for such injury, and upo
proof of the same in an actio
! brought by such employee or h.
N legal representatives, in any cou.
of proper jurisdiction, against sue
railroad corporation for damage
on account of such injury so r.
ceived shall be entitled to recov'
against such corporation any su.
commensurate with the injuri
. sustained, provided: that it sha
n be the duty of all the employ
. of railroad corporations to promI
ly report all defects coming
their knowledge in any such c
" or locomotive or shops or machi
-, cry and attachments thereof
n the proper officer or agent of su.
y corporation and after such repc
the doctrine Of contributory ne
ligence shall not apply TO such e.
ploye.
Sec. 3. Whenever the death
an employee shall be caused und
circumstances from which a eau
Of action would have accrued u
der the provision of the two pl
~ ceeding sections if death had 1
ensued, an action therefor shall
=" brought in the manner provid
@ by section 23I0 of the compil
d. laws of New Mexico, as amend
u by chapter Xxx of the sessi
ue laws of 1891 of New Mexico, a
NC any sum recovered therein sh.
a. be subject TO all of the Provisio