reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-31 - [Call for stockholders' meeting when authority is lacking; warrant of magistrate.]

Whenever, from any cause, there is no person authorized to call or preside at a meeting of the stockholders, any justice of the peace [magistrate] of the county where the principal place of business of the corporation is established, may, on written application of three or more of the stockholders, issue a warrant to one of the stockholders directing him to call a meeting of the stockholders, by giving the notice required in other cases; and said justice [magistrate] may in the same warrant direct such stockholder to preside at such meeting until a clerk is chosen and qualified, if there is no other officer present legally authorized to preside thereat.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 7; C.L. 1884, § 2639; C.L. 1897, § 3821; Code 1915, § 4679; C.S. 1929, § 116-127; 1941 Comp., § 74-132; 1953 Comp., § 69-1-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court.
See
35-1-38 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18A Am. Jur. 2d Corporations §§ 958, 989.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-32 - [Quorum for stockholders' meeting; adjournment; record.]

At all meetings of the stockholders for any purpose, a majority of the subscribed capital stock must be represented by the holders thereof, in person or by proxy, in writing. Every person acting thereat, in person, or by proxy, or by representative, must be a bona fide stockholder, having stock in his own name on the stock books of the corporation, at least ten days prior to the meeting. Any election or vote had, other than in accordance with the provisions of this chapter, shall be voidable at the instance of absent stockholders, and may be set aside upon petition to the district court for the county where the same was had. Any regular or called meeting of the stockholders may be adjourned from day to day, or from time to time, if, for any cause, there are not present stockholders representing a majority of the subscribed stock, or no election or majority vote had. Such adjournments, and the reasons therefor, shall be noted in the minutes of the proceedings of the meeting, which shall be recorded in the journal of proceedings of the board of directors.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 8; C.L. 1884, § 2640; C.L. 1897, § 3822; Code 1915, § 4680; C.S. 1929, § 116-128; 1941 Comp., § 74-133; 1953 Comp., § 69-1-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this chapter" refers to Laws 1878, ch. 1, ch. (tit.) 3, the provisions of which are presently compiled as 63-1-12 to 63-1-18 and 63-1-31 to 63-1-40 NMSA 1978.
See also
compiler's note to 63-1-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18A Am. Jur. 2d Corporations §§ 993 to 998, 1012 to 1014, 1026, 1029, 1069; 18B Am. Jur. 2d Corporations §§ 1372, 1373.
18 C.J.S. Corporations § 213.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-33 - [Postponement of election.]

If from any cause an election does not take place on the day appointed in the bylaws, or if no day be appointed in the bylaws, then on the day appointed in Section 63-1-13 NMSA 1978, it may be held on any day thereafter as is provided for in such bylaws, or to which such election may be adjourned or ordered by the directors. If an election has not been held at the appointed time, and no adjourned or other meeting for the purpose has been ordered by the directors, a meeting may be called by the stockholders, as provided in Section 63-1-17 NMSA 1978.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 10; C.L. 1884, § 2642; C.L. 1897, § 3824; Code 1915, § 4682; C.S. 1929, § 116-130; 1941 Comp., § 74-135; 1953 Comp., § 69-1-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-34 - [Court review of elections; notice.]

Upon the application of any person or body corporate aggrieved by any election held by any railroad corporation, or any proceedings thereof, the district judge of the district in which such election has been held must proceed forthwith, summarily to hear the allegations and proofs of the parties, or otherwise inquire into the matters complained of; and thereupon confirm the election, order a new one or direct such other relief in the premises as accords with right and justice. Before any proceedings are had under this section, five days' notice thereof must be given to the adverse party, or those to be affected thereby.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 11; C.L. 1884, § 2643; C.L. 1897, § 3825; Code 1915, § 4683; C.S. 1929, § 116-131; 1941 Comp., § 74-136; 1953 Comp., § 69-1-36.
ANNOTATIONS
Bracketed 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.
— 18A Am. Jur. 2d Corporations § 1159.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-35 - [Waiver of notice of stockholders' meeting.]

When all the stockholders are present at any meeting, however called or notified, and sign a written consent thereto, on the record of such meeting, the doings of such meeting shall be as valid as if had at a meeting otherwise legally called and noticed.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 13; C.L. 1884, § 2645; C.L. 1897, § 3827; Code 1915, § 4685; C.S. 1929, § 116-133; 1941 Comp., § 74-137; 1953 Comp., § 69-1-37.
ANNOTATIONS
Bracketed 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.
— 18A Am. Jur. 2d Corporations §§ 980, 981; 18B Am. Jur. 2d Corporations § 1370.
18 C.J.S. Corporations § 212.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-36 - [Validity of proceedings where notice of meeting is waived.]

The stockholders, when assembled, as provided in the last section [63-1-35 NMSA 1978], may elect officers to fill all vacancies then existing, and may act upon such other business as may lawfully be transacted at regular meetings of the stockholders.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 14; C.L. 1884, § 2646; C.L. 1897, § 3828; Code 1915, § 4686; C.S. 1929, § 116-134; 1941 Comp., § 74-138; 1953 Comp., § 69-1-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-37 - [Place for stockholders' meeting.]

The meetings of stockholders must be held at the office or principal place of business of the corporation: provided, that nothing in this chapter shall be construed to prevent or prohibit any railroad corporation from holding the meetings of its stockholders or board of directors at the principal place of business of such corporation in any other state or territory where a majority of the stock of such corporation is held or owned therein.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 15; C.L. 1884, § 2647; C.L. 1897, § 3829; Laws 1899, ch. 29, § 2; Code 1915, § 4687; C.S. 1929, § 116-135; 1941 Comp., § 74-139; 1953 Comp., § 69-1-39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers substituted "this chapter" for "this act."
For meaning of "this chapter",
see
compiler's notes to 63-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18A Am. Jur. 2d Corporations §§ 956, 957.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-38 - [Change of principal place of business.]

Every railroad corporation may change its principal place of business from one place to another in the same county, or from one city or county to another city or county within this state. Before such change is made, the assent, in writing, of the holders of two-thirds of the subscribed capital stock must be obtained and filed in the office of the secretary of the corporation. When such consent is obtained and filed, notice of the intended removal or change must be published at least once a week for three successive weeks, in some newspaper published in the county wherein said principal place of business is situated, if there is one published therein; if not, in a newspaper published in an adjoning [adjoining] county, gving [giving] the name of the county or city or town where it is situated, and that to which it is intended to remove it.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 17; C.L. 1884, § 2649; C.L. 1897, § 3831; Code 1915, § 4689; C.S. 1929, § 116-137; 1941 Comp., § 74-140; 1953 Comp., § 69-1-40.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For legal newspapers,
see
14-11-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-40 - [False entries or reports; liability.]

Any officer of a railroad corporation who wilfully gives a certificate, or wilfully makes an official report, or gives public notice, or makes an entry in any of the records or books of the corporation concerning the corporation or its business, which is false in any material representation, shall be liable for all the damages resulting therefrom, to any person injured thereby; and if two or more officers unite or participate in the commission of any of the acts herein designated, they shall be jointly and severally liable for such damages.
History:
Laws 1878, ch. 1, ch. [tit.] 3, § 12; C.L. 1884, § 2664; C.L. 1897, § 3826; Code 1915, § 4684; C.S. 1929, § 116-132; 1941 Comp., § 74-142; 1953 Comp., § 69-1-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-41 - [Annual report to public regulation commission.]

Every railroad corporation must make an annual report to the state corporation commission [public regulation commission] of the operations of the year ending on the thirty-first day of December, which report shall be verified by the president or general superintendent, and the secretary and treasurer of the corporation. Such report must be filed in the office of said commission on or before the first day of March next ensuing, and shall state:
A. the capital stock, and the amount thereof actually paid in;
B. the amount paid for the purchase of lands for the construction of the road, for buildings, engines and cars, respectively;
C. the amount and nature of the indebtedness of the corporation, and the amount due to it;
D. the amount received for the transportation of passengers, property, mails, express matter, respectively, and the amount received from any other sources;
E. the amount of freight transported, specifying the quantity in tons;
F. the amount paid for the repair of engines, cars, buildings and other expenses, in gross, showing the current expense of running its road;
G. the number and amount of dividends, and when paid;
H. the number of engine houses and shops, of engines and cars and their character.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 22; C.L. 1884, § 2686; C.L. 1897, § 3875; Code 1915, § 4695; C.S. 1929, § 116-143; 1941 Comp., § 74-143; 1953 Comp., § 69-1-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Cross references.
— For Corporate Reports Act,
see
53-5-1 to 53-5-9 NMSA 1978.
Compiler's notes.
— The 1915 Code compilers substituted "state corporation commission" and "said commission" for "secretary of this territory" in the preliminary paragraph to be consistent with N.M. Const., art. XI, § 6. Article XI, § 6 was repealed and a new Article XI, § 1 was adopted effective January 1, 1999 creating the public regulation commission.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 1 - Organization and Management of Railroads › Section 63-1-42 - Change of name.

Any corporation formed under the laws of this state may at any time by resolution of its stockholders, at a regular or special meeting, change its corporate name. After the resolution has been adopted, the president of the company or corporation seeking to change its name, and the secretary thereof, shall sign a certificate, attested with the seal of the company, which shall state, substantially, that the company or corporation, by resolution duly adopted, agreed to change the original corporate name of the corporation, to whatever name has been agreed on, and under the new corporate name the corporation proposes, from and after the date of the certificate, to do, carry on and transact all business pertaining to the corporation, which shall be filed in the office of the secretary of state, and immediately upon the filing of the certificate, the name of the corporation shall be changed to the name set forth in the certificate.
History:
Laws 1871-1872, ch. 13, § 8; C.L. 1884, § 2708; C.L. 1897, § 3897; Code 1915, § 4732; C.S. 1929, § 116-701; 1941 Comp., § 74-144; 1953 Comp., § 69-1-44; 2013, ch. 75, § 37.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that a certificate of name change be filed with the secretary of state; added the title of the section; and in the second sentence, after "filed in the office of the", deleted "state corporation commission" and added "secretary of state".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18A Am. Jur. 2d Corporations §§ 287, 288.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-3 - [Sale to railroad of property of infant or insane person; approval by probate court.]

If it shall become necessary, for any of the aforesaid purposes of such corporation, to acquire any land, or any right, title, interest or estate therein, which is the property of an infant, idiot or insane person, the guardian, executor or administrator, as the case may be, may sell and convey the same to such corporation, but such sale and conveyance shall not be valid, unless approved by the probate court, or the judge thereof, within whose jurisdiction such lands shall be situated; and the judge of such court is hereby authorized to examine into the terms and conditions of such sales and conveyances, and if he finds them to be just, fair and proper, he shall enter his approval upon the records of said court, and endorse the same upon such conveyances, and thereupon, such conveyances shall have the same force and effect as conveyances made by persons competent to convey in their own names. Should there be no guardian, executor or administrator competent to make such sale and conveyance, it shall be the duty of such judge, upon the petition of any relative or friend acting for the benefit and in the interest of such infant, idiot or insane person, to appoint a guardian for the purpose of making such sale and conveyance, who shall be required to give a bond, with sureties, to be approved by said judge, for the faithful performance of his trust. For the purpose of transacting the business provided for in this section, said court shall be deemed to be always open, and a complete record of its proceedings therein shall be kept as in other cases.
History:
Laws 1878, ch. 1, ch. [tit.] 6, § 3; C.L. 1884, § 2666; C.L. 1897, § 3848; Code 1915, § 4698; C.S. 1929, § 116-203; 1941 Comp., § 74-203; 1953 Comp., § 69-2-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-4 - [Power to use highway, air and water transports; limitations.]

Every corporation now or hereafter incorporated under the laws of the state of New Mexico, or under the laws of any other state and lawfully authorized and admitted to do business in the state of New Mexico, which is now or may hereafter be authorized by law to own and/or operate railroads in the state of New Mexico, shall, in addition to the powers now conferred by the statutes of the state of New Mexico, have power and authority to engage in the transportation of persons, property and mail by highway transport, air transport and water transport; provided, that any such corporation so engaged in the transportation of persons, property and mail by highway transport, air transport and water transport, shall, in the exercise of any and all of such rights and powers, be subject to all lawful regulations and requirements as are now or may hereafter be prescribed by the statutes of the state of New Mexico relating to certificates of convenience and necessity, permits, registration and public regulations governing the operation of like transportation service and facilities by any person or corporation; and, provided further, than any such corporation organized under the laws of the state of New Mexico for the purpose of owning and/or operating railroads, may exercise in any other state any power hereby granted only in conformity with and to the extent permitted by the laws of such other state.
History:
Laws 1933, ch. 183, § 1; 1941 Comp., § 74-204; 1953 Comp., § 69-2-4.
ANNOTATIONS
Bracketed 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.
— 65 Am. Jur. 2d Railroads §§ 22, 23.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-5 - [Methods of exercising rights and powers.]

Any corporation so authorized by law to own or operate railroads in the state of New Mexico, may exercise the rights and powers hereby granted by one or more of the following methods:
A. by direct operation of equipment and facilities owned, leased and/or otherwise held or controlled by it;
B. through operations conducted by a corporation owned or controlled in whole or in part by such corporation authorized by law to own and/or operate railroads in the state of New Mexico, either through stock ownership or otherwise, with equipment and facilities owned, leased and/or otherwise held by either or both of such corporations;
C. by operations conducted under contract with such corporation authorized by law to own and/or operate railroads in the state of New Mexico, by a corporation independently owned or controlled, or by an individual or association of individuals, with equipment owned, leased and/or otherwise held or controlled by either or both of the parties to such contract.
History:
Laws 1933, ch. 183, § 2; 1941 Comp., § 74-205; 1953 Comp., § 69-2-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-6 - [Power to borrow, purchase and mortgage.]

Any railroad company heretofore or hereafter organized under the laws of New Mexico, shall have power to borrow money and purchase property, real and personal, for the use of the corporation, and to mortgage and pledge all or any part of its corporate franchises and property in possession or subsequently to be acquired, as security for the payment of the money so borrowed and for the payment of the purchase money for the property so purchased.
History:
Laws 1871-1872, ch. 13, § 1; C.L. 1884, § 2700; C.L. 1897, § 3890; Code 1915, § 4733; C.S. 1929, § 116-702; 1941 Comp., § 74-206; 1953 Comp., § 69-2-6.
ANNOTATIONS
Bracketed 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.
— 65 Am. Jur. 2d Railroads §§ 149 to 159.
74 C.J.S. Railroads §§ 246, 282.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-8 - [Municipalities may grant use of streets.]

Any county, city or town in this state is empowered, by vote of its governing body, to give, grant or donate to any such railroad corporation, the use of any of the streets or highways which may be necessary or convenient to enable such corporation to reach an accessible point for a depot or station in such county, city or town, or to pass through the same on as direct a route as possible so as to accommodate the traveling and commercial interests of such county, city or town.
History:
Laws 1878, ch. 1, ch. [tit.] 9, § 2; C.L. 1884, § 2690; C.L. 1897, § 3879; Code 1915, § 4701; C.S. 1929, § 116-302; 1941 Comp., § 74-210; 1953 Comp., § 69-2-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For assessments for street improvements,
see
3-33-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-9 - Location maps to be filed.

Every corporation formed under this chapter within a reasonable time after its road has been finally located shall cause a map and profile thereof and of the land required and taken for the use thereof and the boundaries of the several counties through which the same may run to be made and file the same in the office of the secretary of state and also similar maps of the parts thereof located in different counties and file the same in the office of the county clerk of the county in which such parts of the road shall be situated, there to remain on record forever. In case the line of the road is changed at any time, as in this chapter provided, similar maps of the new line must be made and filed. The maps and profiles shall be certified by the chief engineer of the corporation and copies so filed and certified shall be kept in the office of the secretary of the corporation, subject to examination by all persons interested. Copies of the maps and profiles certified by any secretary of the territory of New Mexico or by the secretary of state shall be received as prima facie evidence of what they contain in all courts and places within this state.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 19; C.L. 1884, § 2683; C.L. 1897, § 3874; Code 1915, § 4702; C.S. 1929, § 116-303; 1941 Comp., § 74-211; 1953 Comp., § 69-2-11; 2013, ch. 75, § 39.
ANNOTATIONS
Compiler's notes.
— For meaning of "this chapter",
see
compiler's notes to 63-1-8 NMSA 1978.
The 2013 amendment,
effective July 1, 2013, required that a map and profile of the corporation's road be filed with the secretary of state; added the title of the section; in the first sentence, after "file the same in the office of the", deleted "state corporation commission" and added "secretary of state"; and in the fourth sentence, after "New Mexico or by", deleted "said commission" and added "the secretary of state".
To constitute valid location of proposed railroad,
there must be first a survey and actual staking of the proposed line upon the ground and second the adoption of such survey by the board of directors as its permanent line or right-of-way.
Arizona & Colo. R.R. Co. v. Denver & Rio Grande R.R. Co.
, 1911-NMSC-034, 16 N.M. 281, 117 P. 730,
aff'd
, 233 U.S. 601, 34 S. Ct. 691, 58 L. Ed. 1111 (1914).
Railroad is entitled to protection of its right of way
as soon as its final location is complete, without having recorded map of road as required by this section.
Denver & Rio Grande R.R. Co. v. Ariz. & Colo. R.R. Co.
, 233 U.S. 601, 34 S. Ct. 691, 58 L. Ed. 1111 (1914).
Failure to file map
will not cause a railroad to lose its interest in a stake-out location for a road, which interest is sufficient to maintain an action of trespass, until a reasonable time after final location.
Arizona & Colo. R.R. Co. v. Denver & Rio Grande R.R. Co.
, 1911-NMSC-034, 16 N.M. 281, 117 P. 730,
aff'd
, 233 U.S. 601, 34 S. Ct. 691, 58 L. Ed. 1111 (1914).
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-10 - Commencement and completion of road.

Every corporation formed under this chapter shall commence the construction of its road within two years after the date of the filing of its articles of incorporation in the office of the secretary of state and shall finish and put the same in full operation within six years thereafter or its right to further complete the same, in the discretion of the legislature of this state, may be forfeited.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 24; C.L. 1884, § 2688; C.L. 1897, § 3877; Code 1915, § 4703; C.S. 1929, § 116-304; 1941 Comp., § 74-212; 1953 Comp., § 69-2-12; 2013, ch. 75, § 40.
ANNOTATIONS
Compiler's notes.
— For meaning of "this chapter",
see
compiler's notes to 63-1-8 NMSA 1978.
The 2013 amendment,
effective July 1, 2013, provided a time limit, after articles of incorporation are filed with the secretary of state, within which to complete the road; added the title of the section; and after "in the office of the", deleted "state corporation commission" and added "secretary of state".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 C.J.S. Railroads § 123.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-2-11 NMSA 1978, as enacted by Laws 1878, ch. 1, tit. 8, § 23, relating to gauge of track, effective January 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-12 - [Aiding other roads; operating jointly; assent of stockholders.]

Any railroad company organized under the laws of this state, may at any time by means of subscription to the capital of any other company or otherwise aid such company in the construction of its railroad within or without the state, for the purpose of forming a connection with the said last mentioned road with the road owned by the company furnishing such aid, or any railroad organized in pursuance of law, either within this state or any other state or territory, may lease or purchase any part or all of any railroad constructed, owned or leased by any other company, upon such terms and conditions as may be agreed on between such companies respectively, or any two or more railroad companies may enter into any arrangement for their common benefit consistent with, and calculated to promote the objects for which they were created: provided, that no such aid shall be furnished, nor any purchase, lease, subletting or arrangements be perfected until a meeting of stockholders of such company of this state, party to such agreement, shall have been called by the directors thereof, at such time and place and in such manner as they shall designate, and the holders of at least two-thirds of the stock of such company represented at such meeting, in person or by proxy, and voting thereat, shall have assented thereto.
History:
Laws 1871-1872, ch. 13, § 2; C.L. 1884, § 2701; C.L. 1897, § 3891; Code 1915, § 4699; C.S. 1929, § 116-204; 1941 Comp., § 74-214; 1953 Comp., § 69-2-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-13 - Corporate power under former acts.

All the powers, privileges and exemptions conferred upon corporations organized under the preceding sections of this chapter are conferred upon all corporations incorporated under the laws of this state for the purpose of constructing railroads and also upon all corporations organized for railroad purposes that have registered in the office of the secretary of state the original, or a certified copy, of their articles of incorporation, in accordance with an act entitled, "An act to amend an act entitled an act to create a general incorporation law, permitting persons to associate themselves together as bodies corporate, for mining, manufacturing and other industrial pursuits, and to repeal the sixteenth section of said act, approved January 30th, 1868".
History:
Laws 1878, ch. 3, § 1; C.L. 1884, § 2727; C.L. 1897, § 3908; Code 1915, § 4734; C.S. 1929, § 116-703; 1941 Comp., § 74-215; 1953 Comp., § 69-2-15; 2013, ch. 75, § 41.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers substituted "the preceding sections of this chapter" for "An act entitled 'An act to provide for the incorporation of railroad companies and the management of the affairs thereof and other matters relating thereto,' approved February 2d, A. D. 1878." The reference is to Laws 1878, ch. 1, presently compiled as 63-1-1 to 63-1-41, 63-2-1 to 63-2-3, 63-2-7, 63-2-11, 63-2-13, 63-3-1, 63-3-2, 63-3-5 to 63-3-8, 63-3-11, 63-3-12, 63-3-20, 63-3-24 and 63-3-34 NMSA 1978.
The 2013 amendment,
effective July 1, 2013, required all railroad corporations to register with the secretary of state; added the title of the section; after "registered in the office of the", deleted "state corporation commission" and added "secretary of state".
Protection under burglary law not privilege.
— By conferring the "privileges" granted corporations organized under Laws 1878, ch. 1, as railroad corporations organized under the prior general incorporation act, this section did not extend the former railroad burglary section, Laws 1878, ch. 1, ch. [tit.] 8, § 8, to railroad cars of corporations not organized under the act of 1878, since the protection of a burglary law is not a privilege.
Territory v. Stokes
, 1881-NMSC-013, 2 N.M. (Gild.) 161.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-14 - [Extensions into other states; power to purchase, lease and sell.]

Any railroad company may construct and extend its line of railroad into or through any other state, territory or foreign country upon such terms and regulations as may be prescribed by the laws of such other state, territory or foreign country, and such railroad company may purchase or lease the railroad constructed or to be constructed, and other property of any railroad company now or hereafter existing under the laws of this, or of any other state, territory, or of the United States or of any foreign country, with all rights, powers and franchises thereto in anywise appertaining or belonging, or may buy the stock and bonds or either of them, of any such company, and any railroad company now or hereafter existing under the laws of this state may, with the consent of the holders of two-thirds of its entire capital stock, given by a vote at a meeting, or in writing without a meeting, sell or lease its railroad, lands, rights, franchises, powers and appurtenances to any railroad corporation organized under the laws of New Mexico, or of any other state, territory or foreign country, subject to the restrictions and limitations imposed by law upon railroad corporations in this state.
History:
Laws 1897, ch. 18, § 1; C.L. 1897, § 3921; Laws 1909, ch. 35, § 1; Code 1915, § 4736; C.S. 1929, § 116-705; 1941 Comp., § 74-216; 1953 Comp., § 69-2-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers deleted the phrase "heretofore or hereafter incorporated or consolidated or existing under the laws of this territory."
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-15 - [Extensions, branches, sidings and switches of foreign companies; eminent domain.]

Any railroad company organized under the laws of another state or territory, which, by a compliance with the laws of this state relating to foreign railroad companies, has purchased or may purchase a line of railroad constructed by another company within this state, may extend such line of railroad, and project and build branches to the same, and sidetracks and switches connecting therewith, and otherwise improve the same, and for such purpose exercise the right of eminent domain to the same extent and in like manner as may be done by a domestic railroad corporation. And any railroad company organized under the laws of this state shall also have the right to extend its line of railroad, to project and build branches, sidetracks and switches, to improve the same and to exercise the right of eminent domain in acquiring lands, right-of-way and other privileges therefor to the same extent as provided by law for the main line of such railroad.
History:
Laws 1901, ch. 9, § 1; 1907, ch. 27, § 1; Code 1915, § 4737; C.S. 1929, § 116-706; 1941 Comp., § 74-217; 1953 Comp., § 69-2-17.
ANNOTATIONS
Cross references.
— For eminent domain,
see
42A-1-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-16 - Foreign roads; extensions; certificate to be filed; time for commencement and completion.

Any such railroad corporation owning or operating a line of railroad in this state and projecting one or more extensions or branches of such line of railroad in this state shall file in the office of the secretary of state and in the office of the county clerk of each county through or in which the line of any such extension or branch shall be located a declaration, subscribed by its president or vice president and attested under its corporate seal, of its intention to construct such extension or branch line, stating the places from and to which it is intended to build the same, together with a map or plat showing the surveyed line or route thereof. The filing of such declaration and map or plat shall entitle such railroad corporation to a prior right to construct such extension or branch line along the line or route described therein; provided such corporation shall commence construction within four years after date of filing in the office of the secretary of state and complete the same within six years, and provided further, that it shall comply with the laws of this state for acquiring lands for right of way. Nothing in this section or Section 63-2-15 NMSA 1978 shall be deemed to exclude the jurisdiction of this state over the control of all railroads or parts thereof situate within the boundaries of this state.
History:
Laws 1901, ch. 9, § 2; 1907, ch. 94, § 1; 1909, ch. 44, § 1; Code 1915, § 4738; C.S. 1929, § 116-707; 1941 Comp., § 74-218; 1953 Comp., § 69-2-18; 2013, ch. 75, § 42.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required railroad corporations to file declarations of intention to construct extensions and branches with the secretary of state; added the title of the section; in the first sentence, after "file in the office of the", deleted "state corporation commission" and added "secretary of state"'; in the second sentence, after "filing in the office of", deleted "state corporation commission" and added "secretary of state"; and in the third sentence, after "Nothing in this", deleted "or the preceding" and after "section", added "or Section 63-2-15 NMSA 1978".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-2-17 NMSA 1978, as enacted by Laws 1882, ch. 59, § 1, relating to contracts against public policy declared void, effective January 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 2 - Powers and Construction of Roads › Section 63-2-18 - [Peace officers; appointment; bond; no authority in labor troubles.]

The governor of this state is hereby authorized and empowered, upon the application of any railroad company, to appoint, and to commission to serve, during his pleasure, one or more persons designated by such company, to serve at the sole expense of such company, as peace officers with all the powers of regular peace officers, and to give a good and sufficient bond to the state of New Mexico in the penal sum of five thousand dollars ($5,000.00) for the faithful performance of their duties. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority; provided, that such peace officers so appointed shall not have authority as such to act or perform any service or to be used as peace officers with reference to strikes or labor troubles.
History:
Laws 1921, ch. 141, § 1; C.S. 1929, § 116-901; 1941 Comp., § 74-220; 1953 Comp., § 69-2-20.
ANNOTATIONS
Bracketed 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.
— Special railroad policeman as public officer, 84 A.L.R. 315, 156 A.L.R. 1356.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-2 - [Damages in case of refusal of transportation.]

In case any railroad corporation shall refuse to transport persons or property as provided in the preceding section [63-3-1 NMSA 1978], or to leave the same at the place of destination, it shall pay to the party aggrieved all damages he or she shall sustain thereby.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 5; C.L. 1884, § 2672; C.L. 1897, § 3863; Code 1915, § 4709; C.S. 1929, § 116-310; 1941 Comp., § 74-302; 1953 Comp., § 69-3-2.
ANNOTATIONS
Bracketed 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.
— 13 Am. Jur. 2d Carriers §§ 251 to 254; 14 Am. Jur. 2d Carriers §§ 862, 863.
Liability of carrier for ejection of passenger who boarded train mistakenly, due to misinformation as to its destination, 8 A.L.R. 1183.
Right to recover for mental pain and anguish resulting from being carried by station, apart from other damages, 23 A.L.R. 389, 44 A.L.R. 428, 56 A.L.R. 657.
Carrier's liability to passenger for consequences of ejection or threatened ejection by one employee due to fault of another employee, 36 A.L.R. 1018.
Liability of carrier responsible for passenger leaving train at station other than his destination, 118 A.L.R. 1327.
13 C.J.S. Carriers §§ 232, 233 281, 357, 372; 74 C.J.S. Railroads § 447.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-3 to 63-3-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-3-3 to 63-3-5 NMSA 1978, as enacted by Laws 1878, ch. 1, tit. 8, § 14, and Laws 1947, ch. 49, §§ 1 and 2, relating to receiving livestock for shipment required, penalties, and tickets, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-6 - [Injury to passenger; contributory negligence; insufficient room.]

If a passenger be injured while on the platform of any car, or while in any mail, express, baggage or freight car, or on the locomotive, or while his or her head, limbs or body is projected outside the window or door of any passenger car, in violation of the printed regulations of said corporation posted up at the time, in a conspicuous place inside of the passenger cars then in the train, or in violation of any verbal instructions given by any officer of the train, such passenger shall be deemed guilty of contributory negligence, and such corporation shall not be liable for such injury: provided, that there was, at the time, inside of its passenger cars, room sufficient for the accommodation of such passenger.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 7; C.L. 1884, § 2674; C.L. 1897, § 3865; Code 1915, § 4711; C.S. 1929, § 116-312; 1941 Comp., § 74-304; 1953 Comp., § 69-3-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For comment, "Bartlett Revisited: New Mexico Tort Law Twenty Years After the Abolition of Joint and Several Liability — Part One," see N.M. L. Rev. 1 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Railroads §§ 460 to 476.
Liability for injury to passenger by car door, 25 A.L.R. 1061, 41 A.L.R. 1089.
Duty of carrier to guard young children against danger of falling from car, 28 A.L.R. 1035.
Liability for injury to passenger by car window, 29 A.L.R. 1262, 45 A.L.R. 1541.
Carrier's liability for injury to passenger due to rushing or crowding of passengers, 155 A.L.R. 634.
Contributory negligence of physically handicapped or intoxicated person in boarding or alighting from standing train or car, 30 A.L.R.2d 334.
Carrier's duty and liability to its passenger injured on platform or the like of station or terminal owned by another company, 41 A.L.R.2d 1286.
Width or design of lateral space between passenger loading platform and car entrance as affecting carrier's liability to passenger for injuries incurred from falling into space, 28 A.L.R.4th 748.
75 C.J.S. Railroads §§ 943, 944.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-7 - [Baggage checks; refusal to furnish; nondelivery of baggage; damages.]

A check shall be affixed to every package or parcel of baggage when taken for transportation by such corporation, and a duplicate thereof shall be given to the passenger delivering the same for transportation, and, if such check be refused on demand, such corporation shall pay to such passenger the sum of twenty dollars [($20.00)], to be recovered by action in any court of competent jurisdiction and in addition to the foregoing, no fare or toll shall be collected from such passenger; and if such passenger shall have paid his or her fare, he or she shall be entitled, upon demand, to a return thereof. Upon the production of such check at his or her place of destination, such passenger shall be entitled to receive his or her baggage, and if the same be not delivered within a reasonable time, he or she may be a witness in any action brought on account of such nondelivery, to prove the contents and value thereof: provided, that all actions to recover such baggage, or the value thereof, shall be barred at the expiration of three months after the same shall have accrued.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 2; C.L. 1884, § 2669; C.L. 1897, § 3860; Code 1915, § 4706; C.S. 1929, § 116-307; 1941 Comp., § 74-305; 1953 Comp., § 69-3-7.
ANNOTATIONS
Bracketed 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.
— 14 Am. Jur. 2d Carriers §§ 1222, 1234.
Extra or excess baggage, 2 A.L.R. 109.
Carrier's liability in respect to baggage checked in parcel room, 7 A.L.R. 1234, 27 A.L.R. 157, 37 A.L.R. 762.
Regulation by public service commission as to checking and handling of baggage, 21 A.L.R. 323.
Liability of carrier for baggage not accompanied by passenger, 23 A.L.R. 1446.
Responsibility of carrier for acts or omission of red caps or porters other than train employees, 59 A.L.R. 126.
Discrimination by carrier between passengers as regards checking and handling of baggage, 59 A.L.R. 329.
Tort liability of master for theft by servant, 15 A.L.R.2d 829, 39 A.L.R.4th 543.
Railroad carrier's liability for loss of baggage or effects accompanying passenger, 32 A.L.R.2d 630.
Liability of carrier for loss of passenger's baggage or packages, 68 A.L.R.2d 1350.
13 C.J.S. Carriers §§ 499, 502.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-8 - [Unclaimed baggage; sale after three months' period; proceeds of sale.]

Every railroad corporation shall safely and securely keep, as warehouseman, all unclaimed baggage for the space of three months, at the expiration of which time it may sell the same, if not previously called for, at public auction, after ten days' public notice by publication in some newspaper of general circulation; or if there be no such paper in the vicinity, then by posting written or printed notices in three conspicuous places in the neighborhood in which such sale is to be made. For the purpose of making such sale, it shall be lawful to open each trunk, package or parcel, and make known the contents thereof. A true account of the sale shall be kept, showing the price at which each parcel was sold, and the number thereof, which shall be the same as the number stamped upon the check thereto attached; and if there be any name, initial letters or other marks upon such parcel, the same shall also be noted in said account. The proceeds of such sale shall be paid, less expenses of the sale, to the owner, upon demand and proof of ownership, at any time within sixty days after the sale, after which date all right of action therefor shall be barred.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 3; C.L. 1884, § 2670; C.L. 1897, § 3861; Code 1915, § 4707; C.S. 1929, § 116-308; 1941 Comp., § 74-306; 1953 Comp., § 69-3-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For legal newspapers,
see
14-11-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-9 to 63-3-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-3-9 to 63-3-22 NMSA 1978, as enacted by Laws 1882, ch. 59, §§ 2-7 and 9; Laws 1882, ch. 60, § 1; Laws 1878, ch. 1, tit. 8, §§ 12 and 18; and Laws 1912, ch. 62, §§ 1 and 2, relating to fares, track connections, transportation of freight cars from other roads, lines, and employee hours, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.