Difference between revisions of "Article XXII, New Mexico Constitution"

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{{New Mexico Constitution}}

Revision as of 22:11, 1 January 2013

New Mexico Constitution
Flag of New Mexico.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIV
Article XXII of the New Mexico Constitution is entitled Schedule and consists of 22 sections.

Section 1

Text of Section 1:

Effective Date of Constitution

This constitution shall take effect and be in full force immediately upon the admission of New Mexico into the union as a state.

Section 2

Text of Section 2:

Federal Employers' Liability Act

Until otherwise provided by law, the act of congress of the United States, entitled, "An act relating to liability of common carriers, by railroads to their employees in certain cases," approved April twenty-two, nineteen hundred and eight, and all acts amendatory thereof, shall be and remain in force in this state to the same extent that they have been in force in the territory of New Mexico.

Section 3

Text of Section 3:

Federal Mining Inspection Act

Until otherwise provided by law, the act of congress, entitled, "An act for the protection of the lives of miners," approved March three, eighteen hundred and ninety-one, and all acts amendatory thereof, shall be and remain in force in this state to the same extent that they have been in force in the territory of New Mexico; the words "governor of the state," are hereby substituted for the words "governor of such organized territory," and for the words "secretary of the interior" wherever the same appear in said acts; and the chief mine inspector for the territory of New Mexico, appointed by the president of the United States, is hereby authorized to perform the duties prescribed by said acts until superseded by the "inspector of mines" appointed by the governor, as elsewhere provided by the constitution, and he shall receive the same compensation from the state, as he received from the United States.

Section 4

Text of Section 4:

Territorial Laws

All laws of the territory of New Mexico in force at the time of its admission into the union as a state, not inconsistent with this constitution, shall be and remain in force as the laws of the state until they expire by their own limitation, or are altered or repealed; and all rights, actions, claims, contracts, liabilities and obligations, shall continue and remain unaffected by the change in the form of government.

Section 5

Text of Section 5:

Pardons for Violation of Territorial Laws

The pardoning power herein granted shall extend to all persons who have been convicted of offenses against the laws of the territory of New Mexico.

Section 6

Text of Section 6:

Territorial Property Vested in State

All property, real and personal, and all moneys, credits, claims and choses in action belonging to the territory of New Mexico, shall become the property of this state; and all debts, taxes, fines, penalties, escheats and forfeitures, which have accrued or may accrue to said territory, shall inure to this state.

Section 7

Text of Section 7:

Obligations Due Territory or Subdivision

All recognizances, bonds, obligations and undertakings entered into or executed to the territory of New Mexico, or to any county, school district, municipality, officer or official board therein, shall remain valid according to the terms thereof, and may be sued upon and recovered by the proper authority under the state law.

Section 8

Text of Section 8:

Territorial Judicial Process and Proceedings

All lawful process, writs, judgments, decrees, convictions and sentences issued, rendered, had or pronounced, in force at the time of the admission of the state, shall continue and remain in force to the same extent as if the change of government had not occurred, and shall be enforced and executed under the laws of the state.

Section 9

Text of Section 9:

Territorial Courts and Officers; Seals

All courts existing, and all persons holding offices or appointments under authority of said territory, at the time of the admission of the state, shall continue to hold and exercise their respective jurisdictions, functions, offices and appointments until superseded by the courts, officers or authorities provided for by this constitution.

Until otherwise provided by law, the seal of the territory shall be used as the seal of the state, and the seals of the several courts, officers and official boards in the territory shall be used as the seals of the corresponding courts, officers and official boards in the state; and for any new court, office or board created by this constitution, a seal may be adopted by the judge of said court, or the incumbent of said office, or by the said board.

Section 10

Text of Section 10:

Pending Actions

All suits, indictments, criminal actions, bonds, process, matters and proceedings pending in any of the courts in the territory of New Mexico at the time of the organization of the courts provided for in this constitution shall be transferred to and proceed to determination in such courts of like or corresponding jurisdiction. And all civil causes of action and criminal offenses which shall have been commenced, or indictment found, shall be subject to action, prosecution, indictment and review in the proper courts of the state, in like manner and to the same extent as if the state had been created and said courts established prior to the accrual of such causes of action and the commission of such offenses.

Section 11

Text of Section 11:

Execution and Deposit of Constitution

This constitution shall be signed by the president and secretary of the constitutional convention, and such delegates as desire to sign the same, and shall be deposited in the office of the secretary of the territory where it may be signed at any time by any delegate.

Section 12

Text of Section 12:

Territorial Obligations; Names of Political Subdivisions

All lawful debts and obligations of the several counties of the territory of New Mexico not assumed by the state and of the school districts, municipalities, irrigation districts and improvement districts, therein, existing at the time of its admission as a state, shall remain valid and unaffected by the change of government, until paid or refunded according to law; and all counties, municipalities and districts in said territory shall continue with the same names, boundaries and rights until changed in accordance with the constitution and laws of the state.

Section 13

Text of Section 13:

Election to Ratify Constitution

This constitution shall be submitted to the people of New Mexico for ratification at an election to be held on the twenty-first day of January, nineteen hundred and eleven, at which election the qualified voters of New Mexico shall vote directly for or against the same, and the governor of the territory of New Mexico shall forthwith issue his proclamation ordering said election to be held on said day.

Except as to the manner of making returns of said election and canvassing and certifying the result thereof, said election shall be held and conducted in the manner prescribed by the laws of New Mexico now in force.

Section 14

Text of Section 14:

Ballots for Ratifying Constitution

The ballots cast at said election in favor of the ratification of this constitution shall have printed or written thereon in both English and Spanish the words "For the Constitution"; and those against the ratification of the constitution shall have written or printed thereon in both English and Spanish the words "Against the Constitution"; and shall be counted and returned accordingly.

Section 15

Text of Section 15:

Canvass of Ratification Election Returns

The returns of said election shall be made by the election officers direct to the secretary of the territory of New Mexico at Santa Fe, who, with the governor and the chief justice of said territory, shall constitute a canvassing board, and they, or any two of them, shall meet at said city of Santa Fe on the third Monday after said election and shall canvass the same. Said canvassing board shall make and file with the secretary of the territory of New Mexico, a certificate signed by at least two of them, setting forth the number of votes cast at said election for or against the constitution, respectively.

Section 16

Text of Section 16:

Submission of Constitution to President and Congress

If a majority of the legal votes cast at said election as certified to by said canvassing board, shall be for constitution, it shall be deemed to be duly ratified by the people of New Mexico and the secretary of the territory of New Mexico shall forthwith cause to be submitted to the president of the United States and to congress for approval, a certified copy of this constitution, together with the statement of the votes cast thereon.

Section 17

Text of Section 17:

Proclamation for First Election of Officers

If congress and the president approve this constitution, or if the president approves the same and congress fails to disapprove the same during the next regular session thereof, the governor of New Mexico shall, within thirty days after receipt of notification from the president certifying said facts, issue his proclamation for an election at which officers for a full state government, including a governor, county officers, members of the state legislature, two representatives in congress to be elected at large from the state, and such other officers as this constitution prescribes, shall be chosen by the people; said election to take place not earlier than sixty days nor later than ninety days after the date of said proclamation by the governor ordering the same.

Section 18

Text of Section 18:

Conduct of First State Election; Certification of Results to President

Said last-mentioned election shall be held, the returns thereof made, canvassed and certified to by the secretary of said territory, in the same manner, and under the same laws, including those as to qualifications of electors, shall be applicable thereto, as hereinbefore prescribed for holding, making of the returns, canvassing and certifying the same, of the election for the ratification or rejection of this constitution.

When said election of state and county officers, members of the legislature, representatives in congress, and other officers provided for in this constitution, shall be held and the returns thereof made, canvassed and certified as hereinbefore provided, the governor of the territory of New Mexico shall immediately certify the result of said election, as canvassed and certified as hereinbefore provided, to the president of the United States.

Section 19

Text of Section 19:

First State Officers

Within thirty days after the issuance by the president of the United States of his proclamation announcing the result of said election so ascertained, all officers elected at such election, except members of the legislature, shall take the oath of office and give bond as required by this constitution or by the laws of the territory of New Mexico in case of like officers in the territory, county or district, and shall thereupon enter upon the duties of their respective offices; but the legislature may by law require such officers to give other or additional bonds as a condition of their continuance in office.

Section 20

Text of Section 20:

First Legislative Session; Oaths of Members; Election of United States Senators

The governor of the state, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislature at the seat of government on a day to be specified therein, not less than thirty nor more than sixty days after the date of said proclamation.

The members-elect of the legislature shall meet on the day specified, take the oath required by this constitution and within ten days after organization shall proceed to the election of two senators of the United States for the state of New Mexico, in the manner prescribed by the constitution and laws of the United States; and the governor and secretary of the state of New Mexico shall certify the election of the senators and representatives in congress in the manner required by law.

Section 21

Text of Section 21:

Supplementary Legislation

The legislature shall pass all necessary laws to carry into effect the provisions of this constitution.

Section 22

Text of Section 22:

Terms of First Officers

The term of office of all officers elected at the election aforesaid shall commence on the date of their qualification and shall expire at the same time as if they had been elected on the Tuesday next after the first Monday of November in the year nineteen hundred and twelve.

External links

New Mexico Constitution

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