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"In such precincts wherein the vote in the last previous general election did not exceed one hundred votes, each member of the board of registration of such precinct, shall be entitled to a recompense of three dollars for the service in said registration. In such precincts where in the votes cast in the last previous general election exceed the number of one hundred votes each member of the board of registration in such precincts shall be entitled to a recompense of five dollars for the services rendered in said registration."

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in force from and after its passage.

CAPTER 41.

AN ACT TO AMEND SECTION 1, OF CHAPTER 16, OF THE SESSION LAWS OF 1897. H. B. No. 104, Approved March 8, 1905

Sec.

CONTENTS.

I. Section 1, Chapter 16, Laws of 1897, relating to the tampering with locomotive attachments, amended. Proviso, abettor considered principal.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section I. That Section I of Chapter 16 of the Session Laws of 1897, be and the same hereby is amended so as to read as follows:

"Section I. That any person or persons who shall unlawfully and without authority remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses or any of the parts or attachments of any locomotive, tender or car, or any fixture or attachment, belonging thereto, connected with and used in operating any locomotive, tender or car, owned, leased or used by any railroad, railway or transportation company in this territory, shall be deemed guilty of a felony and upon conviction thereof before any court or competent tribunal, shall be subject to imprisonment in the territorial penitentiary for not less than one year nor more than five years: Provided, That if the malicious and unlawful removal of any such journal bearings or brasses, fixtures or attachments, or the unlawful and malicious change thereof or interference there with, shall be the cause of wrecking or derailing any locomotive, car or cars, shall result in injuring or death of any employe, passenger or other person, such per

son or persons guilty of removal, change, alteration, or interference with such journal bearings, or brasses, or other parts of attachments of any such locomotive, tender or car, or any fixture or attachment belonging thereto, connected with or used in operating such locomotive, tender or car, shall be deemed guilty of an assault with intent to commit murder, or guilty of murder as the case may be, and upon conviction thereof shall be punished as in other cases of assault with intent to commit murder and murder. And any and all persons who shall combine, conspire or contrive to perpetrate, or shall counsel, aid or assist in the perpetration of any of the offenses ⚫ set forth in this section, on conviction thereof shall be deemed to be principals and punished as in this section provided."

Sec. 2.

This act shall take effect and be in force from and

after its passage.

CHAPTER 42.

AN ACT RELATING TO THE SHEEP SANITARY BOARD. H. B. No. 110; Approved March 8, 1905.

CONTENTS.

Sec. 1. Trailing across county lines sheep with scabies, prohibited. Exception. Sec. 2. Trailing sheep out of Indian reservations without bill of health, prohibited. Duty of owner of infected sheep to report to secretary of sheep sanitary board.

Sec. 3.

Sec. 4.

Sheep sanitary board to be notified of location of public buck herd. 5. Duty of sheep owners to obey orders of sheep sanitary board. Sec. 6. Penalty for violation of sections 1, 2, 3, 4, or 5, of this act.

Sec.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. No person, firm or corporation shall trail or cause to be trailed across any county line in the Territory of New Mexico any sheep that are offered with scabies except by a permit signed by an inspector, secretary or member of the territorial sheep sanitary board.

Sec. 2. No person, firm or corporation shall trail or cause. to be trailed any sheep out of, or from any Indian reservation within or bordering in New Mexico without first having obtained a bill of health from an inspector of the sheep sanitary board or an inspector of the bureau of animal industry of the United States.

Sec. 3. It shall be the duty of any person, firm or corporation owning or having under its control any sheep which have

become infected with scabies or any other contagious or infectious disease to forthwith report such fact in writing to the secretary of the territorial sheep sanitary board.

Sec. 4. It shall be the duty of any person in charge of, or having the custody or control of any public buck herd to notify the secretary of the sheep sanitary board during the first week of September and October of each year giving the location of said herd.

Sec. 5. It is hereby made the duty of any person, firm, or corporation owning or having charge or control of any sheep to carry out and perform any order of the territorial sheep sanitary board of which he or it has had notice either orally or in writing from any member, inspetcor or the secretary of the board, or of which he or it has knowledge.

Sec. 6. Any person, firm, or corporation violating the provisions of Sections 1, 2, 3, 4, or 5 of this Act shall be subject to a penalty not exceeding five hundred dollars, which shall be a lien on the sheep of such person, firm or corporation, and the board shall notify such person, firm or corporation as to the amount of penalty to which he, they or it are subject and demand the payment thereof, and if the same be not paid within ten days after demand is made therefor, the board may begin suit in any court of competent jurisdiction, which shall include the district court of the county where the office of the board may be for the collection of a penalty for such violation, and the court may give judgment for any amount not exceeding five hundred dollars and for costs and expenses, and the amount so recovered shall be paid into the sheep sanitary fund; but these provisions shall not be held to interfere with or repeal any other statutory remedies or proceedings looking to the suppression of contagious disease among sheep.

Sec. 7.

This act shall be in force from and after its passage.

CAPTER 43

AN ACT RELATING TO FOUL BROOD AND OTHER CONTAGIOUS DISEASES AMONG BEES. H. B. No. 158; Approved March 9, 1905.

CONTENTS.

Sec. I. Duty of bee keepers to protect and disinfect bees and bee-hives.
Sec. 2. Penalty for allowing bees and bee-hives to become infected.

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Complaint to be made before justice of the peace, of existence of foul brood or contagious diseases.

Sec. 4.

Sec. 5.

Bees and bee-hives infected with foul brood or other contagious diseases, to be destroyed as a nuisance.

Jurisdiction of justices of the peace.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section I. That hereafter all bee-keepers, owners and possessors of bees, apiaries, bee-hives and apparatus pertaining to bees, bee-keepers, apriaries and bee-hives shall keep the same properly protected and disinfected and free from all foul, brood or other contagious diseases and shall be required to keep all bees, bee-hives, bee-houses, apairies, combs, honey and apparatus free from all foul, brood or other contagious dis

eases.

Sec. 2. That any person or persons who have in their possession or under their control any bees, bee-hives, bee-houses, combs or apparatus pertaining to bees or apiaries and who shall allow the same to become infected or diseased with any foul brood or contagious diseases, and who shall wilfully and knowingly permit them to remain in such condition shall be deemed guilty of misdemeanor and upon trial and conviction before any justice of the peace may be fined in any sum not less than ten dollars or more than fifty dollars or by imprisonment in the county jail not more than 30 days or by both such fine and imprisonment.

Sec. 3. That any person competent to testify as a witness may upon information and belief make complaint before any justice of the peace in any county in this territory in which such foul brood or contagious disease among bees is found to exist and upon such written complaint being made in writing and duly sworn to as required by law the justice before whom such complaint is made shall issue a warrant for the arrest of the offender and shall fully inquire, examine into and try said cause as now provided for the trial of misdemeanors before a justice of the peace.

Sec. 4. That upon the trial of said cause that any bees, bee-hives, combs, honey or apparatus connected with said apiary or bee-keeper, that be found by said justice of the peace before whom such trial is had, to be diseased or infected with foul brood or any other contagious diseases, shall by such justice of the peace be declared to be a nuisance and shall be condemned as such and an order or writ issued for the destruction of such nuisance, and upon the issuing of such order and such writ directed to any constable or sheriff of such county such constable or such sheriff to whom such order or writ is directed and delivered shall forthwith execute the same by burning, destroying and putting out of existence all such

bees, bee-hives, bee-houses, comb, honey or apparatus so declared to be and condemned as a nuisance.

Sec. 5.-Justices of the peace in their respective counties shall have jurisdiction in all causes arising under the provisions of this act, and their costs in cases under this act shall be taxed up and assessed as cases in other cases of misdemeanor before justice of the peace.

Sec. 6. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in force from and after its passage.

CHAPTER 44.

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE

MEANS FOR CONSTRUCTING AND MAINTAINING DYKES AND
SUCH DAMS, EMBANKMENTS AND DITCHES AND OTHER
STRUCTURES AS MAY BE NECESSARY TO PROTECT LIVES
AND PROPERTY AGAINST FLOODS AND TO AUTHORIZE THE
LEVY OF A TAX THEREFOR" APPROVED FEBRUARY 22,
1905. H. B. No. 161; Approved March 9, 1905.

Sec.

I.

Sec.

2.

CONTENTS.

Chapter 19, Laws of 1905, providing for the construction and maintenance of dykes and dams, amended.

County commissioners of county of first class, to borrow money for use during year 1905. Rate of interest. Indebtedness a prior lien upon taxes.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section I. That the act entitled, "An Act to provide means for constructing and maintaining dykes and such dams, embankments and ditches and other structures as may be necessary to protect lives and property against floods and to authorize the levy of a tax therefore," approved February 22, 1905. be amended by adding thereto the following section:

Sec. 2. That the county commissioners of any county of the first class authorized to levy a tax under the provisions of this act shall be and are hereby authorized to borrow money for use during the year 1905, upon the faith of the taxes to be levied and collected during said year, said money to be expended in the same manner as the tax levy authorized by

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