reglab/housing_qa huggingface dataset:
NM Stat § 19-4-22 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-22 - [Paramount right to lands.]

Upon the trial of any such action, either party may give in evidence the statement mentioned in Section 19-4-10 NMSA 1978, deposited by the other, or by the person under whom he, or she, claims, with the corporate authorities or probate judge. And the person, or persons, who shall have first acquired the right to the possession, or occupancy, of such lands, either in person, or by agent, servant or tenant, or those claiming under him, her or them, shall be deemed to have the prior and paramount right to such lands: provided, that nothing in this section shall be so construed to recognize the right of any person or persons who have virtually abandoned any land held as a townsite, to any title therein. History: Laws 1882, ch. 70, § 16; C.L. 1884, § 2790; C.L. 1897, § 3994; Code 1915, § 5535; C.S. 1929, § 144-123; 1941 Comp., § 8-523; 1953 Comp., § 7-5-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 53.
NM Stat § 19-4-23 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]

In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty days after the expiration of the time for filing the statement, as provided in Section 19-4-10 NMSA 1978, it shall be the duty of the probate judge or corporate authorities to give notice to the adverse claimant filing his claim, or, if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants, as defendants, to determine their respective rights to said lands, within twenty days from service of notice on him, and in case such adverse claimant neglect or refuse to commence the action within the time specified, he shall be deemed to have relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate, therein. Such notice shall be served by the proper officer of said courts, in the same manner as now provided for service of summons in any county in this state. If the officer return such notice, not found, notice shall be made by publication for three weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three public places in the town where such lands are situated. And in addition thereto a copy of said notice shall be mailed to such adverse claimant at his residence or usual place of abode. And in case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice, as aforesaid, said probate judge or corporate authorities shall serve like notice on the next last adverse claimants, until all have been notified, as aforesaid. History: Laws 1882, ch. 70, § 17; C.L. 1884, § 2791; C.L. 1897, § 3995; Code 1915, § 5536; C.S. 1929, § 144-124; 1941 Comp., § 8-524; 1953 Comp., § 7-5-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of legal notice, see 14-11-1 to 14-11-13 NMSA 1978. For rule on service of process by publication, see Rule 1-004 NMRA.
NM Stat § 19-4-24 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-24 - [Service of process; publication.]

Whenever complaint shall be filed in any such action, summons shall be issued against the proper parties, and served upon the person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed their statements as required by Section 19-4-10 NMSA 1978. And in case service cannot be had upon the defendants, their agents or attorney, the complainant shall file an affidavit in the office of the clerk of the court in which the action in [is] pending, to the effect and as now provided by law. It shall be lawful for the clerk of said court to cause publication to be made as provided by law, and when such publication shall have been made, the cause shall proceed, as if the parties had been personally served with summons. History: Laws 1882, ch. 70, § 18; C.L. 1884, § 2792; C.L. 1897, § 3996; Code 1915, § 5537; C.S. 1929, § 144-125; 1941 Comp., § 8-525; 1953 Comp., § 7-5-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of legal notice, see 14-11-1 to 14-11-13 NMSA 1978. For rule on service of process by publication, see Rule 1-004 NMRA.
NM Stat § 19-4-25 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-25 - [Appeals.]

Appeals and writs of error shall be allowed and may be taken and prosecuted from the judgments or decrees, or any order of the courts in proceedings under this chapter, to the supreme court, as in other cases. History: Laws 1882, ch. 70, § 19; C.L. 1884, § 2793; C.L. 1897, § 3997; Code 1915, § 5538; C.S. 1929, § 144-126; 1941 Comp., § 8-526; 1953 Comp., § 7-5-26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article. Cross references. — For appealability of civil matters from district court, see 39-3-2 NMSA 1978 and Rule 12-201 NMRA.
NM Stat § 19-4-26 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-26 - [Reports of expenses.]

Within ninety days from the first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge holding the title to the lands described in such notice, shall make a true, full and complete statement in writing, containing a true account of all moneys paid by him or them, expended in the acquisition of the title and execution of the trust to that time, including all moneys paid by him or them for the purchase of said lands, necessary traveling expenses, moneys paid for all other necessary and proper expenses incident to such trust and a true account of his or their reasonable charges for time and services employed in the business of such trust to that time, and all moneys by him or them expended, and reasonable charges for compensation, as aforesaid, which shall be and remain a first charge upon said lands in favor of the trustee, and paid by the several claimants entitled to such lands, in proportion to the several quantities thereof to which they may be respectively entitled. History: Laws 1882, ch. 70, § 20; C.L. 1884, § 2794; C.L. 1897, § 3998; Code 1915, § 5539; C.S. 1929, § 144-127; 1941 Comp., § 8-527; 1953 Comp., § 7-5-27. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-27 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-27 - [Conveyances; payment of costs.]

Before said corporate authorities, through commissioners hereinafter provided in this chapter, or probate judge, shall be required to execute and deliver any deed of conveyance to any person or persons claiming to be entitled to said lands and deed, such person or persons shall pay to him or them, through said commissioners, the sum of money chargeable on the portion to be conveyed according to the statement or account mentioned in Section 19-4-26 NMSA 1978; and in case when the trust is held by corporate authorities, such additional sum as said corporate authorities may charge for the same, not exceeding five dollars [($5.00)] for each five thousand square feet of such lands, and the further sum of one dollar [($1.00)] for the execution and acknowledging of the deed, together with the sum of twenty-five cents [($.25)] for attestation, with the seal of the town, by the town clerk. When the land is entered by a probate judge of the county court, deeds shall be signed by such probate judge, or his successor in office, under his private seal or scroll, and such probate judge of the county court shall receive the sum of one dollar [($1.00)] for each and every lot, piece or parcel thereof so conveyed in addition to the several sums as prescribed in Section 19-4-26 NMSA 1978, to be paid by the person or persons claiming to be entitled to such deed or conveyance. History: Laws 1882, ch. 70, § 21; 1884, ch. 42, § 1; C.L. 1884, § 2795; C.L. 1897, § 3999; Code 1915, § 5540; C.S. 1929, § 144-128; 1941 Comp., § 8-528; 1953 Comp., § 7-5-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 54.
NM Stat § 19-4-28 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]

Said board may, by order, resolution or ordinance, appoint a commission [commissioner] to sell and convey any such real estate, and to affix to any conveyance thereof the seal of such town, and have control of such seal for such purpose, and such conveyance, executed in accordance with such order, shall have the effect to transfer, to the grantee named a title in fee simple to any such real estate so conveyed. Said commissioner may be removed at the will of the board, as often as it may seem fit, by an order entered to that effect, and a new commissioner appointed with like powers. Said commissioner shall be a freeholder in such town, and not a member of the board, and have no personal interest in the land so to be sold. Said commissioner shall, during his term of office, keep open an office in some public and well-known place in such town, from ten o'clock a.m. until noon of each day, Sundays and holidays excepted, for the purpose of receiving payments from and executing deeds to persons who are entitled to deeds by reason of purchase, and who have made improvements upon such land, as hereinafter stated in this chapter. No claimant shall be allowed to suffer on account of the misconduct of such commissioner in the discharge of his duties. Such commissioner shall receive such reasonable fees for his services as said board may prescribe. Before entering upon his duties, such commissioner shall enter into a bond, with good and sufficient securities, to be approved by the board, executed in behalf of the town, with obligations to faithfully account to the board for all money received, and to pay the same over to the town treasury. History: Laws 1882, ch. 70, § 22; C.L. 1884, § 2796; C.L. 1897, § 4000; Code 1915, § 5541; C.S. 1929, § 144-129; 1941 Comp., § 8-529; 1953 Comp., § 7-5-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article. Cross references. — For provisions relating to bonds for public officers, see 10-2-1 NMSA 1978 et seq. For Surety Bond Act, see 10-2-13 NMSA 1978 et seq.
NM Stat § 19-4-29 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-29 - [Recording of order appointing commissioner.]

The clerk or recorder of any such town shall at once make a copy of any such order, resolution or ordinance appointing any such commissioner, certified by such clerk or recorder, under the seal of the town, and deliver the same without delay to the county clerk of any county in which such town shall be situated. Such county clerk shall file and record such copy and the certificate thereof of such order, resolution or ordinance, and shall receive fees therefor at the same rate as for deeds. The record of such copy and certificate shall have the same effect in evidence as is provided for the record of powers of attorneys. History: Laws 1882, ch. 70, § 24; C.L. 1884, § 2798; C.L. 1897, § 4002; Code 1915, § 5542; C.S. 1929, § 144-130; 1941 Comp., § 8-530; 1953 Comp., § 7-5-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For recording fees, see 14-8-13 NMSA 1978. For execution of power of attorney and effect thereof, see 47-1-7 to 47-1-11 NMSA 1978.
NM Stat § 19-4-30 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]

When the land is entered by the probate judge of the county, deeds shall be signed by such judge or his successor in office, under his private seal or scroll. Such judge shall make such conveyance by deed to such town, at private sale, upon the payment by said town of the cost of the proceedings and sale to such land as is used for the benefit of such town only. History: Laws 1882, ch. 70, § 23; C.L. 1884, § 2797; C.L. 1897, § 4001; Code 1915, § 5543; C.S. 1929, § 144-131; 1941 Comp., § 8-531; 1953 Comp., § 7-5-31. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-31 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-31 - [Conveyances; time for execution.]

At any time after the expiration of ninety days from the time of first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge shall, upon demand or request and payment as required by Section 19-4-26 NMSA 1978, execute and deliver to each and every claimant, or association, or company of claimants to such lands or any parcel thereof, a deed of conveyance therefor, according to the statement made and deposited by him or them, pursuant to Section 19-4-10 NMSA 1978: provided, however, that no such deed of conveyance shall be executed or delivered for any part, portion or share of such lands, to which there shall be adverse contesting claimants, until the controversy thereon has been settled and determined in the manner described in this chapter. History: Laws 1882, ch. 70, § 25; C.L. 1884, § 2799; C.L. 1897, § 4003; Code 1915, § 5544; C.S. 1929, § 144-132; 1941 Comp., § 8-532; 1953 Comp., § 7-5-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
NM Stat § 19-4-32 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-32 - [Probate judge; claim for lands in individual right.]

In case any judge who shall have entered such land and thus have become the sole trustee thereof, shall be possessed or entitled to any part or portion of such lands in his individual right, and his claim or right shall not be claimed adversely to him, he shall be deemed to be seized and possessed of the title thereto and the estate therein to his own use, in fee simple absolute, free and discharged of such trust; and no conveyance, other than the receipt of the officers of the United States land office or patent to the lands including the same, shall be necessary to perfect his title thereto. But in case individual right shall be claimed by any person adversely to him, the conflicting claims between them shall be settled and determined by an action, as provided in this chapter and tried before some judge who shall be disinterested and possessed of complete jurisdiction for the trial therefor. History: Laws 1882, ch. 70, § 26; C.L. 1884, § 2800; C.L. 1897, § 4004; Code 1915, § 5545; C.S. 1929, § 144-133; 1941 Comp., § 8-533; 1953 Comp., § 7-5-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article. Cross references. — For duty of judge to transfer suit claiming townsite land in which he has an interest, see 19-4-21 NMSA 1978.
NM Stat § 19-4-33 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-33 - [Streets, alleys, parks and public grounds.]

Whenever the title to any such lands shall be vested in any probate judge, he shall convey to the proper or legal authorities so much of the land as is or shall be laid out by the town authorities into streets, lanes, avenues, parks, public grounds and commons, within the time prescribed in this chapter for making conveyance to individuals. But when the title to such lands shall be held by the corporate authorities of any town, all land used, laid out or designated for public use by such corporate authorities, as streets, lanes, avenues, alleys, parks, commons and public grounds, shall vest in and be held by the corporation absolutely, and shall not be claimed adversely by any person or persons whosoever [whomsoever], and it shall not be necessary to execute any conveyance for the same to the corporation or people of such town. History: Laws 1882, ch. 70, § 27; C.L. 1884, § 2801; C.L. 1897, § 4005; Code 1915, § 5546; C.S. 1929, § 144-134; 1941 Comp., § 8-534; 1953 Comp., § 7-5-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
NM Stat § 19-4-34 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-34 - [Claimant failing to pay costs and fees.]

Each and every person, association and company of persons, who shall be entitled to any lots, pieces or parcels of land so held in trust by the authorities of any incorporated town, and respecting which there shall be no controversy, shall, within three months after the expiration of the time for filing statements, as provided in Section 19-4-10 NMSA 1978, pay to such corporate authorities the sum of money chargeable upon such piece or parcel of land, and the fees for executing a deed therefor. And in case of failure so to do, such person or persons shall be deemed to have relinquished all right, title, interest or estate thereto, and such corporate authorities shall thereafter be, and deemed to be, seized of the title thereto in fee simple, absolute, free and discharged of such trust, and no conveyance, other than the receipt of the United States land office or patent of the lands including the same shall be necessary to perfect their title thereto, and also all persons, company or association of persons, who, by the determination and judgment of the court, shall be adjudged to have the rightful title to such lands, shall within three months of such adjudication and judgment, pay to such corporate authorities the sum of money chargeable to such lands, together with the fees for executing a deed to the same; and in case of failure so to do, such person, company or association, shall be deemed to have relinquished all right, title, interest or estate, in said lands, and such corporate authorities shall be, and deemed to be, seized and possessed of the title thereto to their own use in fee simple, absolute and no further conveyance shall be necessary to perfect their absolute title thereto. History: Laws 1882, ch. 70, § 28; C.L. 1884, § 2803; C.L. 1897, § 4006; Code 1915, § 5547; C.S. 1929, § 144-135; 1941 Comp., § 8-535; 1953 Comp., § 7-5-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-35 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-35 - [Trustees; organization; officers; quorum.]

It shall be the duty of the board of trustees, who are elected as provided for in Section 19-4-11 NMSA 1978, on receipt of notice of their election, duly signed and certified to by the chairman and secretary of the meeting of the legal voters of such town, to at once organize, by the election of a president and secretary who shall be members of said board of trustees, and who shall attest by their signatures all acts and orders of said board: provided, that before organizing, such members shall qualify in the same manner as justices of the peace [magistrates] under the laws of this state, and a majority of said board shall constitute a quorum for the transaction of business. History: Laws 1882, ch. 70, § 29; C.L. 1884, § 2803; C.L. 1897, § 4007; Code 1915, § 5548; C.S. 1929, § 144-136; 1941 Comp., § 8-536; 1953 Comp., § 7-5-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The office of justice of the peace has been abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties thereof transferred to the magistrate courts. Section 35-1-38 NMSA 1978 further provided that reference in the law to justices of the peace shall be construed to mean the magistrate courts. Cross references. — For qualification of magistrates, see 35-2-1 to 35-2-5 NMSA 1978.
NM Stat § 19-4-36 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]

The probate judges of the several counties in this state and their successors in office, are hereby declared to be county judges, for the purpose of executing the trust mentioned in the aforesaid act of congress. History: Laws 1882, ch. 70, § 30; C.L. 1884, § 2804; C.L. 1897, § 4008; Code 1915, § 5549; C.S. 1929, § 144-137; 1941 Comp., § 8-537; 1953 Comp., § 7-5-37. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The act of congress referred to in this section is the Townsite Act of May 23, 1844 (5 Stat. 657); it is not compiled in the United States Code.
NM Stat § 19-4-37 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-37 - [Taxation of costs.]

All costs of proceedings in actions under this chapter, including fees for services of all writs and notices and clerk's fees, shall be as provided by law for service of writs in other actions, and shall be taxed and collected as now provided by law in other cases. History: Laws 1882, ch. 70, § 31; C.L. 1884, § 2805; C.L. 1897, § 4009; Code 1915, § 5550; C.S. 1929, § 144-138; 1941 Comp., § 8-538; 1953 Comp., § 7-5-38. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.