New Mexico Statutes
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.
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.

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