L. 1872. C. 30, § 2 in the county, and shall be published in some periodical published in the county.

Feb. 1. Tr.

Bonds to issue: when.

Stock or security required; deposit of

Id $3.

Tax levy.

for par value.

§ 3900. Should it be determined in such meetings or elections, to aid in the construction of any railroad, and should it so appear from the proper returns of such meetings or elections held in such precincts as aforesaid, which returns shall be made, certified and delivered by the proper inspectors, to the same person or persons and in the same manner that ordinary returns of election of county officers are certified, made and delivered, within ten days afterwards, that such meetings or elections are held, it shall be the duty of the county commissioners of such county who may by law be provided for, elected or appointed for that purpose, to execute bonds or other evidences of debt, under their seal of office attested by the clerk of the probate court, in conformity with the vote given at such elections or meetings of said county, and to require of the railroad company for whose benefit the aid has been voted, such stock or other security for the same as can, by such vote, be required as a condition precedent for the delivery of such bonds or other evidences of debt and to do all other acts necessary to comply with the vote of the electors of such county; and all moneys, certificates, securities or other things inuring to said county under this act, and by virtue of the conditions of such vote of said electors shall be deposited with said county commissioners and by them shall be kept in safety until delivered in conformity with the law to the proper person at any time entitled thereto or to the successor in of fice of said county commissioners as aforesaid.

§ 3901. It shall be the duty of the proper officer levying the usual taxes for territorial and county purposes under the general law of taxation, to raise by taxation such sums of money annually, and from year to year as may be sufficient from time to time, to pay the principal and interest of such bonds or evidences of debt as regularly as the same shall become due, and in time to meet promptly the debt and interBonds to be sold est: Provided, That no bonds or other evidences of debt created under this act shall be sold for less than their par value, nor such bonds or other evidences of debt shall be paid or delivered to any railroad company, nor to any person or persons for the use of such company, nor shall they be permitted to leave the hands of said commissioners except upon Governor to cer the certificate of the governor that the railroad to which such aid has been conceded has been completed in the county where such aid was voted, whether it shall be entirely for such part of the county as the road has to pass, or in such proportion to all the distance agreeably as the amount of bonds or other evidences of debt delivered, shall show to the whole sum voted.

tify completion.

Id. § 4.

PASSENGER FARES.

of.

Fares: limitation

§ 3902. No railroad doing business in this territory shall
charge more than six cents per mile for the transportation of
any passenger with ordinary baggage, not exceeding one hun-
dred pounds, and not more than three cents per mile for
children between the ages of six and twelve years; and when
children under the age of six years are traveling with their
parents, guardian, or person in charge, the compensation of
six cents per mile paid by the parent, guardian, or person in
charge shall be taken as full compensation for said parent,
guardian or person in charge, and children under the age of
six years: Provided, That this act is not intended to apply to
any railroad company chartered by the congress of the United
States whose charter authorizes the fares, tolls, and charges
for the transportation of persons and property to be regu- 1: Feb. 13.
lated by the directors or other officer of such company.

See supra sub-division eleventh, section three thousand eight hundred and
forty-seven.

§ 3903. If any railroad company shall demand or receive higher rates for such transportation than are established by this act, it shall be deemed to have misused its powers, and such railroad company shall forfeit and pay to every person from whom such higher rates may have been demanded or received by it or by its agent or agents, the sum of five hundred dollars, which amount shall be recovered by the person from whom the said higher rates of transportation were demanded or received by an action of debt: Provided, That the provisions of this section shall not in any manner affect the right of action or remedy for any claim for personal damages against such railroad companies.

Proviso.

L. 1882. chap. 60, §

Penalty; how to be recovered.

Proviso.

Id. § 2.

Fire-guards, commissioners may or

§ 3904. The board of county commissioners of each county in this territory, through which any line of railroad is der: how operated or may hereafter be operated, shall have power, subject to the limitations in this act contained, by an order to be entered of record, to require every railroad corporation operating a line of railroad in their respective counties, to plow as a fire-guard through such portions of said counties as shall be specially designated in such order, a continuous strip of no more than six feet in width, which said strip of land shall run parallel with said line of railroad, and be plowed in such good and workmanlike manner as to effectually destroy

1; April 1.

Sufficiency of.

Dead grass, to be removed.

Provisos.

L. 1884, chap. 34. § and cover the vegetation thereon, and be sufficient to prevent the spreading of fires; and the outer line of said strip of plowed land shall be upon the outer line of the rights of way of such railroad corporation, not to exceed however, one hundred feet from the center of the track of the railroad. etc.. And such railroad corporations shall, in addition to the plowing of such strip, in each and every year burn off, or remove, all dry grass or dead and dry vegetation, as soon as the same becomes sufficiently dry to burn, between said plowed strip and the track of such road or roads: Provided, however, That such plowing and burning be done between the fifteenth of July and the first day of October, in each and every year: Provided, further, That the board of county commissioners shall Order to be served. each year serve said railroad corporations with a duly certi fied copy of the order, designating the particular localities where such plowing and burning shall be done, in each of said counties, at least thirty days before the said fifteenth day of July; and such fire-guards need not to be constructed, or burning done within the limits of any city or town, nor along the line of railroads running through mountains or other lands impracticable to plow, nor where such plowing and burning, as aforesaid, would be of no practical utility.

Work. com missioners to have done: company pay.

Id. § 3.

$3905. Any railroad corporation failing to comply with the provisions of the preceding section shall be liable to pay a penalty of two hundred dollars for each and every mile, or fractional part thereof, of such strip as it neglects to plow, as aforesaid, in each and every year as aforesaid, or neglects to burn and remove the dry grass and vegatation from, as provided above, the same to be collected by an action of debt in any court of competent jurisdiction, by the attorney general, or district attorney of the district, in the name of the territory, and when collected it shall be paid into the school fund of the county where the cause of action accrued: And prorided, Such action shall be brought within two years after the cause of action accrues.

§ 3906.

Should any railroad corporation, operating a railto road in this territory, not do the the plowing and burning required to be done by this act, the board of county commissioners of such county may hire the same to be done and charge the expenses thereof to the railroad company so failing to do such plowing and burning, and such company shall be obliged to pay the same and all costs and attorneys' fees for the collection thereof.

Actions barred in two years.

Id. § 4.

§ 3907. All actions against railroad corporations for damages by fire, that may have been or shall be set out, or caused by operating any line of railroad in this territory, shall be commenced by the parties injured within two years after the cause of action accrues.

Corporate rights conferred on prior

§ 3908. All the powers, privileges and exemptions con-
ferred upon corporations organized under an act entitled, An corporations.
act to provide for the incorporation of railroad companies and
the management of the affairs thereof, and other matters re-
lating thereto, sections three thousand eight hundred and
four to three thousand eight hundred and eighty-nine, are
hereby conferred upon all corporations incorporated under
the laws of this territory, for the purpose of constructing
railroads, and also upon all corporations organized for rail-
road purposes that have registered in the office of the secre-
tary of this territory 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 in-
corporation 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.

Board County Commissioners, Santa Fe County vs. N. M. & S. P. R. R. Co. - -
two cases, vol. 1, page 812, W. C. Rep.

L. 1878, chap. 3. § 1: Feb. 12.

Directors: onefourth to reside in

§ 3909. At least one-fourth of the directors of railroad corporations, organized under the laws of this territory, shall territory. be residents of this territory.

Id. § 2.

Contracts against public policy, and

§ 3910. All contracts heretofore made, or which shall hereafter be made, between railroad companies, or between void. any parties whatever, restricting, or abridging, or purporting, or intending to restrict or abridge the right, privilege, franchise or power of any railroad company or companies to build or operate its, or their, road or roads, or any part thereof within this territory, or any part thereof, in any direction or directions, or to any part thereof within this territory, or any part thereof, in any direction or directions, or to any extent whatever; or to make any railroad connections, or to co-operate with any corporation or person in any railroad or other business, or to promote the construction or operation of any railroad, or to establish any parallel or competing line or branch, or to establish or promote any competitive business,

1; Feb. 11.

L. 1882, chap. 59. § or to deal with any railroad corporation or other corporation, firm or individual, or to waive any corporate duty, object or franchise, being contrary to public policy, are hereby declared to be null, void and inoperative in this territory; and no suit, action or proceeding in law or equity shall be brought or maintained in any court to enforce any such contract, or to recover damages for any breach or non-performance thereof.

Discrimination un

lawful.

Id. § 2.

Traffic to be taken from connecting roads.

Id. § 3.

Crossings, connections at.

Id. § 4.

Track connec tions compulsory.

Id. § 5.

Cars. from connecting roads, to be moved.

Id $6.

Road to be built

to towns: depots to be maintained.

§3911. No railroad company shall charge any person, company or corporation for the transportation of any property, a greater sum than it shall at the same time charge and collect from any other person, company or corporation for a like service from the same place, and upon like conditions, and all concessions of rates, drawbacks and contracts for special rates founded upon the demands of commerce and transportation shall be open to all persons, companies and corpora

tions alike.

§ 3912. Every railroad corporation shall receive all freights and passengers offered, by coming to or going from the cars or road of any other railroad corporation, and shall transport the same on the same terms, freights, rates, fares and charges per mile, as it shall establish on its own line for its own business.

§ 3913. When the track of any railroad company crosses, or shall cross the track of the same gauge of any other railroad company, either company shall have the right to connect the tracks of the two railroads so crossing so as to admit of the passage of cars from the one road to the other with facility and avoid the necessity of changing cars or trans-shipping.

§ 3914. Whenever two or more roads having the same gauge shall establish depots within three miles of each other, said railroads shall connect their tracks so as to admit of the passage of cars from the one railroad to the other with facility, and avoid the necessity of changing cars or trans-shipping, and shall be required to make connection at each of such depots without any extra charge, the expense of said connection to be borne by the railroad company last constructing their road.

§ 3915. When the tracks of any two such railroad companies connect, or shall connect, as aforesaid, it shall be the duty of either company, when required, to transport over its road to their destination on its road, any freights offered in the cars in which the same may be so offered at its local rates per mile, as set forth in the said company's freight tariff or established by its practice, for the distance most nearly corresponding, and to return the cars with or without freight, as the case may be, without unnecessary delay: Provided, That nothing in this section shall be so construed as to require any railroad company to move upon its road any cars which do not conform in breadth of gauge, and in other substantial respects to its own cars, nor any that are not substantially built and in good repair.

§ 3916. Whenever any railroad company shall construct its line to within three miles of any county seat or an estab