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ment: Provided, that no bounty shall be paid under this act for any wild animal where claim is not presented within ninety days from the date it was killed.

"Sec. 3. Any person who shall make application for payment of bounty as provided in this act, for any wild animal killed outside of the county wherein he makes the application or who makes a false affidavit as to any facts stated in his application, shall be deemed guilty of a misdemeanor and upon conviction may be fined in any sum not to exceed fifty dollars ($50.00) for each offense, and all such fines when collected shall be paid into the "Wild Animal Bounty Fund" of the county wherein the case occurred."

Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed and this act shall take effect and be in force from and after its passage.

CHAPTER 81.

AN ACT ENTITLED AN ACT TO PREVENT THE CUTTING OF TIMBER FROM SCHOOL SECTIONS. H. B. No. 139; Approved March 17, 1903.

Sec. 1.

CONTENTS.

Unlawful to cut timber from certain school sections or territorial lands. Penalty.

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

Section 1. Hereafter it shall be unlawful for any person, persons, company or corporation, to cut, take or destroy any timber from or on any school section numbered, sixteen and thirty-six, or other territorial lands within the Territory of New Mexico. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof in a court of competent jurisdiction in the territory, shall be punished by a fine in the sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court trying the case. The violations of the provisions of this act upon each day shall constitute a separate and distinct offense.

Sec. 2. This act shall be in full force from and after its passage.

CHAPTER 82.

AN ACT TO AUTHORIZE THE TREASURER OF LUNA COUNTY TO PAY OVER TO THE TREASURER OF THE COUNTY OF GRANT CERTAIN MONEYS. H. B. No. 172; Approved March 17, 1903.

CONTENTS.

Sec. 1. Treasurer of Luna county authorized to pay over money to treasurer of Grant county.

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

Section 1. The treasurer of the County of Luna is hereby authorized, empowered and directed to pay to the treasurer of the County of Grant, all sums of money collected or hereafter collected by said Luna county under and by virtue of levies made by Grant county prior to the creation of Luna county, viz: For the years 1899 and 1900, for the payment of interest on bonds of said Grant county.

Sec. 2. This act shall be in full force and effect from and after its passage.

CHAPTER 83.

H.

AN ACT ENTITLED "AN ACT IN REFERENCE TO BURIALS IN
CHURCHES AND CHURCHYARDS AND OLD CEMETERIES."
B. No. 190; Approved March 17, 1903.

CONTENTS.

Sec. 1. Unlawful to disturb remains of persons previously interred. Penalty.

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

Section 1. Hereafter it shall be unlawful to inter the remains of any deceased person in any church, church yard or old cemetery, when it shall in order to do so, be necessary to disturb or remove the remains or any part thereof of any person permanently interred in the same place. And any person who shall bury or aid in burying any deceased person in any such church, church yard or old cemetery and in doing so shall remove or disturb the remains or any part thereof of any person previously interred therein, shall be deemed guilty of a misdemeanor and on conviction thereof before any justice of the peace or district court, shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

Sec. 2. This act shall be in force and effect from and after its passage.

CHAPTER 84.

AN ACT AUTHORIZING BOARDS OF COUNTY COMMISSIONERS TO ESTABLISH ELECTION DISTRICTS IN PRECINCTS CASTING OVER FIVE HUNDRED VOTES. C. B. No. 87; Approved March 17, 1903.

CONTENTS.

Sec. 1. Board of county commissioners may divide certain precincts.

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

Section 1. That in any precinct in any county in this territory where more than five hundred votes are cast at any general election, the board of county commissioners may divide such precinct into two or more election districts for voting purposes, and define the boundaries and designate the polling places therein, and elections in such election districts shall be held in all respects as now provided by law for the holding of elections in precincts.

Sec. 2. This act shall be in force and effect from and after its passage, and all acts or parts of acts in conflict herewith are hereby repealed.

CHAPTER 85.

RELATIVE TO PUBLIC DITCHES. C. B. No. 103; Approved March 17, 1903.

CONTENTS.

Sec. 1. Opening of drainage to protect dams from flood and regulate water of acequia. Failure to perform work. Penalty.

Sec. 2. Excess water from drainage. Owners to pay for use.
Sec. 3.

Penalty.

Excess water from two or more ditches. Unlawful to obstruct any drainage
Penalty.

Sec. 4. Majority of mayordomos of joint drainage to regulate use of excess water.

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

Section 1. Whenever it be necessary to open a drainage or tajo, near the main dam of any public ditch, with the object of drawing off the excess of water, or to regulate the water of said ditches, with the object of protecting the dams from any floods, the water commissioners of said ditch are

hereby authorized to determine the place where such drainage or tajo shall be opened, under the supervision of the mayordomo by the owners of the irrigable land of said ditch and the work shall be taxed in proportion of the irrigable property of each owner, and any person or persons belonging to said ditch, who shall fail or refuse to perform the work taxed by the commissioners, shall be fined in a sum not less than one dollar ($1.00) nor more than two dollars ($2.00) per day for every day he shall refuse to perform the work imposed or required from him.

Sec. 2. Hereafter the owners of irrigable land, situate in the margin of any drainage or discharges of water from any public ditch, being a member or members of said ditch, shall have to pay for the irrigation of said lands in the same manner as all other lands belonging to said ditches, whether they irrigate them for the uses of harvest, or for hay land, alfalfa or other pasture, and shall not be excused on the pretext that they only use the excess of water of said ditch. And if such owners of land use the water without the consent of the mayordomo, they shall be fined in a sum not less than ten dollars ($10.00) nor more than twenty dollars ($20.00).

Sec. 3. When two or more public ditches drain their excess of waters at the same drainage, the same shall be considered as joint owners of said drainage and no person or persons that may own lands on either side of said drainage shall have the right to use the water of said drainage without the consent of the mayordomos of said joint owners, and said owners of land shall not be permitted to put any impediment, incumbrances, or sidegates or dams upon said drainage and if at any time it shall be discovered that they use the water with the object of irrigating land whether it may be for harvest, or hay land to cut hay or to purchase stock of any kind, they shall be responsible for the damages that the excess of water may cause in time of flood; furthermore if they use the water without the consent of the mayordomos of said joint owners' drainage, they shall be fined in a sum not less than five dollars ($5.00) nor more than ten dollars ($10.00) for each and every offense.

Sec. 4. That the majority of the mayordomos of said ditches of the joint drainage, shall be authorized to make arrangements with said owners of land regarding the use of said excess waters, and the result of said arrangements shall be for the benefit of all ditches that may discharge the water upon such drainage.

Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed, and this act shall be in force and take effect from and after its passage.

CHAPTER 86.

AN ACT ENTITLED AN ACT PROVIDING FOR THE DRILLING OF ARTESIAN WELLS FOR THE PENITENTIARY. C. B. No. 9; Approved March 17, 1903.

CONTENTS.

Sec. 1. Superintendent authorized to purchase materials to drill well.

Sec. 2. Appropriation. Payable from funds derived from sale of penitentiary lands.

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

Section 1. The superintendent of the New Mexico penitentiary is hereby authorized to purchase or lease such drilling machinery, hire such expert labor, and purchase such materials as may be necessary for the drilling of an experimental artesian well, said well to be drilled at some suitable place which may be selected by the said superintendent and board of penitentiary commissioners on land belonging to said penitentiary.

Sec. 2. For the purposes of this act the superintendent of said penitentiary and the penitentiary commissioners are hereby authorized to expend a sum not exceeding ten thousand dollars ($10,000.00), or so much thereof as may be necessary, payable out of permanent improvement fund from the sale of penitentiary lands, and the auditor is hereby directed to draw his warrant in accordance herewith upon presentation of proper vouchers.

Sec. 3. This act shall be in full force and effect from and after its passage.

CHAPTER 87.

AN ACT PROVIDING FOR A UNIFORM SYSTEM OF INDEX FOR ALL INSTRUMENTS AFFECTING TITLES TO REAL ESTATE, AND FOR OTHER PURPOSES. C. B. No. 14; Approved March 17, 1903.

Sec. 1.

CONTENTS.

Board of county commissioners. May order index of records affecting real property.

Sec. 2. Index books to be provided
Sec. 3. Form of index.

Sec. 4.

Sec. 5.
Sec. 6.

Manner in which town property or lands shall be entered. Proviso.
Form of index provided in this act to be the standard in the territory.
Tax levy by boards of county commissioners to provide for "County Index
Fund."

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