CHAPTER 102. AN ACT TO PROVIDE FOR THE BETTER PRESERVATION, CLASSIFICATION AND INDEXING OF THE SPANISH AND MEXICAN ARCHIVES OF THE TERRITORY. Approved March 19, 1903. C. S. for A. H. B. No. 118; CONTENTS. Sec. 1 Territorial librarian authorized to send archives to library of congress. Provisions for preservation and return of archives. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That for the purpose of more effectually preserving and classifying the old Spanish and Mexican ar chives, prior to the year 1850, now in the possession of the territory, and of making the same useful to the general public and the historian, the territorial librarian is hereby authorized and directed to forward all such archives now in his custody, or which may be placed in his hands for the purpose, to the library of congress at Washington, upon securing from the librarian of congress a proper receipt therefor, and a written stipulation that the archives shall be properly classified; that all of them found to relate to land titles or to local and personal matter, and not to be of general historic interest, within one year after their reception at Washington, shall be returned to the territorial library at Santa Fe, without expense to this territory, that the remainder shall be accommodated and carefully preserved in the library of congress, and, as expeditiously as possible, analyzed and indexed; that a copy of such analysis and index shall be furnished, without charge, to the territorial librarian, to be kept in the territorial library at Santa Fe; that, should any of the documents be printed by the library of congress, a reasonable number of copies of the publication shall be supplied without charge to the territorial librarian, to be distributed by him as the territorial legislature may hereafter direct; and finally that within five years from the time of their reception in Washington, all of said documents shall be safely returned. to the territorial or state librarian of New Mexico, without any expense to New Mexico. 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 All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage. CHAPTER 103. AN ACT TO PRESERVE THE PUBLIC HEALTH. proved March 19, 1903. CONTENTS. C. B. No. 76; Ap Sec. 2. Sec. 1. New Mexico board of health. Powers and duties. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 9. Sec. 11. Sec. 12. Sec. 15. Sec. 16. Sec. 17. Sec. 18. Sec. 20. Regulations respecting articles communicating contagious diseases. Right of entry to abate nuisance or cause of sickness. Entry refused. Sheriff or constable to enter. Isolation of persons infected with diseases dangerous to public health. Provision in case infected person cannot be removed. Justice of the peace or judge of district court may issue warrant for re- Infected baggage, clothing or other goods. May be seized. Quarantine of infected precincts or counties. Infected counties. Duty of president of board of health. May call special meeting. Sec. 19. Physicians or persons knowing of existence of contagious disease to report to health officer or justice of peace. Failure to report. Penalty. House-holders failing to give notice. Penalty. Transportation of bodies dead of certain diseases prohibited. Preparation for transportation of bodies dead of certain diseases. Embalmers to obtain certificate. Transit permits. Shipping by express. Disinterred bodies. Sec. 21. Sec. 21. Provisions for vaccination. Appointment of county health officers and assistants. Powers. Costs of carrying out provisions of this act. By whom to be paid. City officers to aid in enforcing this act Proviso. Sec. 25. City or town health officer may be county health officer. Sec. 26. Sec. 27. Sec. 28. Sec. 30. Sec. 31. Sec. 32. Small-pox. Duty of school superintendents. Vaccination of children. Refusal of parents to permit vaccination of children. Penalty. County health officer to vaccinate. Expense. Vaccination of adults. Refusal. Penalty. City councils and boards of trustees. May proclaim quarantine. Publication. May enforce rules and regulations. Sec. 33. Chapter 17, Laws of 1901, regarding preservation of public health. Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That the New Mexico board of health, created by chapter 18 of the acts of the 34th legislative assembly, be vested with the powers, and charged with the duties pre scribed by said chapter and any acts that have been or may hereafter be passed in amendment thereof. Sec. 2. The board of health shall make such regulations respecting nuisances, sources of filth, and causes of sickness, applicable to any county, city, town, or village, in the territory, or any part of any such county, city, town, or village, as the peculiar conditions in such county, city, town, or village may in the judgment of said board of health at any time require. Sec. 3. Said board may also make such regulations as the public health may require, in their judgment, for railway cars and trains of cars, being operated from place to place within the territory, or passing through the territory: Provided, however, that regulations applicable to cars or trains of cars shall in no wise conflict with the laws and constitution of the United States; and the enactment of such regulations so in conflict, shall not be held to make such regulations not so in conflict void. Sec. 4. The said board of health shall also make such regulations as they may deem necessary for the public health and safety respecting any articles of personal property, or real estate, which may be capable of containing, conveying, or communicating any infection or contagion, or of creating any sickness. This section shall extend to and include all such articles of personal property as may be brought into or conveyed from any part of the territory to any other part of the territory, and to all such articles as may be brought into the territory from without the territory. Sec. 5. The board of health shall examine into all nuisances, sources of filth, or causes of sickness, that may in their opinion be injurious to the health of the inhabitants of the territory, or of any county, city, town or village in the territory, or any part of the territory, or of any part of any county, town, city, or village of the territory. This section shall extend to and include the examination of such nuisances, sources of filth, or causes of sickness, as may be found in any railway car, or train of cars, and the board may make specific regulations for the control and abatement of the same. Sec. 6. Whenever such nuisance, source of filth, or cause of sickness, shall be found on private property the board of health shall order the owner or occupant, or the person or persons that have caused or committed such nuisance, at his own expense, to remove the same within twenty-four hours, and in default thereof, he, she, or they, shall forfeit the sum of not less than twenty-five dollars ($25.00) nor to exceed one hundred dollars ($100.00). Each twenty-four hours failure to obey such order, after the first, shall constitute a separate offense. Sec. 7. If the owner or occupant shall not comply with such order of the board, the board may cause the said nuisance, source of filth, or cause of sickness to be removed, and the expense incurred thereby shall be paid by said owner, or by such other persons as shall have caused or committed the same. The remedy provided by this section and that provided by section 6, shall be deemed cumulative. Sec. 8. Whenever the board of health, or any of its officers or agents, shall think it necessary for the preservation of the lives or health of any part of the inhabitants of the territory to enter any building, car or train of cars, or other premises, for the purpose of examining, abating, destroying, removing, or preventing any nuisance, source of filth, or cause of sickness, or danger to life or limb, and shall be refused such entry, any member of the board, or any of its officers or agents, may make complaint before any justice of the peace, or judge of the district court, stating the facts of the case so far as he has knowledge of them. Sec. 9. Such justice or judge shall thereupon issue a warrant directed to the sheriff, or any constable of the county, in which such entry is refused, commanding him to take sufficient aid and between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness, or danger of life or limb, complained of may be and if deemed necessary, by the members of the board of health, or its proper officer or agent in attendance, destroy, remove, or prevent the same. Some member of the board or a duly authorized agent or officer shall always attend and direct the sheriff or constable in the service of such warrant. Sec. 10. When any person coming from abroad, or residing within any county of this territory shall lately before have been infected with small-pox, bubonic plague, diptheria, or other sickness, dangerous to the public health, the board shall make effectual provisions, in the manner which they shall judge best, for the safety of the public health, by removing such sick or infected person to a separate house, and providing for the keeping of such person or persons there, until danger of contagion is past: Provided, however, that unless such person is indigent the expense of enforcing this section shall be borne by the infected person or persons so isolated. Sec. 11. If any such infected person cannot be removed without danger to his health, the board of health shall cause provision for such person to be made as provided in the next preceding section, in the house in which he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures in respect to the same as they may deem nesessary for the safety of the public and the community in which such infected person may be found. Sec. 12. If any such infected person cannot be removed without danger to his health, the board of health shall make such provisions for him as directed in the next preceding section, in the house in which he may be, and in such case they may cause the persons in the house or the persons in the neighborhood to be removed, and may take such other measures in respect to the same as they may deem necessary for the safety of the inhabitants. Sec. 13. The board of health may appoint suitable persons to attend any places by which travelers may pass into the territory or from one county in the territory to another county in the territory, or from any part of a county into any part of the same county, from infected places or districts in other states or territories, or in other counties, or in an infected part of a county. The persons so appointed may examine such passengers and travelers as they may have reason to suspect of bringing with them any infection which may be dangerous to the public health, and if need be restrain them from traveling until licensed thereto by the board of health, and any person coming from such infected place or district who shall without license, as aforesaid, travel in violation of the requirements of said board of health, unless it be to travel in the most direct way to the place from whence he, she, or they may have come, after he, she, or they shall have been notified of the requirements of the said board, shall forfeit a sum of not less than twenty-five dollars ($25.00) nor to exceed one hundred dollars ($100.00), or may be imprisoned not to exceed thirty days. Sec. 14. Any justice of the peace or judge of the district court, having jurisdiction in the county in which any person infected with a contagious or infectious disease may be found, may upon proper complaint being made by any member of the board of health, or any duly authorized agent or officer of said board, stating the facts under oath, so far as he has knowledge of them, and that he believes the facts stated, if upon information and belief, are true, may issue a warrant under his hand directed to the sheriff or any constable of his county, requesting such sheriff or constable, under direction of said board of health, or its duly authorized officer or agent to remove any person infected with contagious or infectious disease, and to take possession of convenient houses or lodg |