N.M. Const. art. XXII, § 4
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shall be and remain in force as the laws of the state until they expire by their own limitation, or are altered or repealed; and all rights, actions, claims, contracts, liabilities and obligations, shall continue and remain unaffected by the change in the form of government.
Comparable provisions. — Idaho Const., art. XXI, § 2.
Iowa Const., art. XII, § 2.
Utah Const., art. XXIV, § 2.
Wyoming Const., art. XXI, § 3.
Applicability of prior laws generally. — In acquisition of territory by conquest or cession, jurisprudence not political but municipal in character, affecting personal property rights and domestic relations as they existed between people under government from which territory was carved, remain in full force until altered by government of United States. The civil law as it existed in Spain and New Mexico at time of Treaty of Guadalupe Hidalgo was in force in territory of New Mexico. In re Chavez, 149 F. 73 (8th Cir. 1906)(construing similar provision in Kearny Code. See NMOneSource.com.)
State, as to fiscal affairs, was mere successor of territory. State ex rel. Lucero v. Marron, 1912-NMSC-037, 17 N.M. 304, 128 P. 485.
Federal law does not affect state courts' jurisdiction and powers. — District courts of state derive their jurisdiction and powers from constitution and laws of state, and no act of congress concerning jurisdiction of courts in state had any effect after statehood came. Crist v. Abbott, 1917-NMSC-009, 22 N.M. 417, 163 P. 1085.
Absent constitutional provision, existing laws govern. — It is presumed that it was intended that existing territorial laws were to govern election of justices of the peace, constables, school directors or other minor officers, where constitution made no provision for their election. Territory ex rel. Welter v. Witt, 1911-NMSC-040, 16 N.M. 335, 117 P. 860.
Territorial statute not invalid because of method of enactment. — Section refers to conflict, if any, in substance of prior laws with constitution; it does not invalidate territorial law, validly enacted at time of its adoption, which would have been invalid under constitution on account of method of its enactment. State v. Elder, 1914-NMSC-074, 19 N.M. 393, 143 P. 482.
Constitution may modify territorial law. — In absence of legislation subsequent to adoption of constitution, territorial law relative to elections for removal of county seats was carried forward, modified by N.M. Const., art. X, § 3, to extent that three-fifths vote was required instead of a majority. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Statutory law concerning issuance of writs of error by supreme court remained in force as modified by provisions of N.M. Const., art. VI, § 3. Farmers' Dev. Co. v. Rayado Land & Irrigation Co., 1913-NMSC-055, 18 N.M. 138, 134 P. 216, criticized on another point, Canavan v. Canavan, 1914-NMSC-002, 18 N.M. 468, 138 P. 200, superseded by statute, Hernandez v. Roberts, 1918-NMSC-086, 24 N.M. 253, 173 P.1034.
Judicial constructions. — New Mexico wrongful death statutes (41-2-4 NMSA 1978) were adopted from territorial statutes, and construction thereof by territorial supreme court was also adopted with statutes. Mallory v. Pioneer S.W. Stages, Inc., 54 F.2d 559 (10th Cir. 1931).
Section provides for changes in statutory duties. — It is clear from reading this section that constitution-makers anticipated there might be need for changes in statutory duties from time to time and expressly provided therefor. Torres v. Grant, 1957-NMSC-061, 63 N.M. 106, 314 P.2d 712.
Municipal bonds provision not inconsistent with constitution. — Section 2402, 1897 C.L. (repealed), being part of Laws 1884, ch. 39, § 14, authorizing issuance of municipal bonds for certain purposes, was not inconsistent with N.M. Const., art. IX, § 12, and was continued in effect by this section. Smith v. City of Raton, 1914-NMSC-017, 18 N.M. 613, 140 P. 109.
Territorial law not completely superseded. — While greater part of duties of superintendent of insurance was transferred by constitutional provision creating corporation commission (now public regulation commission), enough was left to office to justify view that old territorial law creating it remained in force. Mitchell v. National Sur. Co., 206 F. 807 (D.N.M. 1913).
Fee and salary provisions inconsistent. — This section did not continue in force the fee and salary provisions of Laws 1909, ch. 22 (now superseded in part), such law being inconsistent with N.M. Const., art. XX, § 9. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.
Burden of proving inconsistency. — One asserting inconsistency of territorial law with constitution must show it. Stout v. City of Clovis, 1932-NMSC-073, 37 N.M. 30, 16 P.2d 936.
Territorial law not superseded. — Statute (Laws 1921, ch. 133, § 507, now repealed) giving state tax commission discretionary power to cause reassessment of property of a county, employing its own agents therefor, did not conflict with this section, which carried forward territorial law creating office of assessor. Herd v. State Tax Comm'n, 1925-NMSC-042, 31 N.M. 44, 240 P. 988.
Fixed rights unaffected by contrary constitutional provision. — Where rights of city under lien of assessment for local improvement had accrued and become fixed at time New Mexico became a state, such rights would not be affected by constitution, even if law and ordinance under which assessment was made were in conflict with constitution. City of Roswell v. Bateman, 1915-NMSC-011, 20 N.M. 77, 146 P. 950.
Length of notary's term. — Appointment of notary public in 1911 holds good until expiration of term for which it was made. 1914 Op. Att'y Gen. No. 14-1207.
Pardon not restricted by territorial provision. — In pardoning person convicted of misdemeanor, governor was not bound by territorial legislative restriction. 1915 Op. Att'y Gen. No. 15-1667.
New enactments supersede territorial laws. — Territorial laws concerning salaries of officers remained in force only until adoption of salary bill by legislature. 1915 Op. Att'y Gen. No. 15-1494.
Effect of constitutional amendment on territorial law. — Constitutional amendment of 1914, deleting N.M. Const., art. VIII, § 8, which had permitted legislature to exempt newly constructed railroads from taxation, gave rise to doubt as to whether prior statute (Code 1915, §§ 4724 and 5432, now repealed) so exempting such railroads, remained effective. 1915 Op. Att'y Gen. No. 15-1416.