N.M. Const. art. XXII, § 9
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state, shall continue to hold and exercise their respective jurisdictions, functions, offices and appointments until superseded by the courts, officers or authorities provided for by this constitution.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.
Comparable provisions. — Idaho Const., art. XXI, §§ 5, 17.
Utah Const., art. XXIV, §§ 6 to 8; 10.
Wyoming Const., art. XXI, §§ 6, 16.
Territorial officers in power until successors qualified. — Under this section, all officers holding office at time territory was admitted to statehood continued to hold office and to exercise functions thereof until their successors duly elected or appointed under statehood had qualified. Luna v. Cerrillos Coal R.R., 1923-NMSC-073, 29 N.M. 161, 218 P. 435, reh’g denied, 1924-NMSC-044, 29 N.M. 647, 226 P. 655.
Judgment by holdover territorial justice valid. — Judgment by territorial justice who was still holding office in January, 1912, his successor not having qualified and taken office, was not void. Luna v. Cerrillos Coal R.R., 1923-NMSC-073, 29 N.M. 161, 218 P. 435, reh’g denied, 1924-NMSC-044, 29 N.M. 647, 226 P. 655.
Status of superintendent of insurance. — Superintendent of insurance continued in office until superseded by corporation commission (now public regulation commission), and since he was not fully superseded by reason of legislative action, he could still exercise such functions of his office as were not specifically transferred to corporation commission (now public regulation commission). State ex rel. Chavez v. Sargent, 1914-NMSC-018, 18 N.M. 627, 139 P. 144; see also, Mitchell v. National Sur. Co., 206 F. 807 (D.N.M. 1913).