part or parts of said tract of land, for such price and upon such terms or conditions as may by said court and said board be deemed advisable and use the proceeds thereof for such purposes as said board and court may deem to be for the best interests of the community for the benefit of which said grant was made.

Sec. 10. That any and all appointments of trustees heretofore made by the district court of San Miguel county for the management of said Las Vegas Grant, and all acts and things done and performed by said district court of San Miguel county in assuming jurisdiction in managing, controlling and administering said Las Vegas Grant, is hereby ratified and confirmed.

Sec. 11. This act shall be in force and take effect from and after its passage.

CHAPTER 48.

AN ACT TO CREATE THE OFFICE OF GAME AND FISH WARDEN OF THE TERRITORY OF NEW MEXICO, TO PROVIDE FOR THE PROTECTION OF GAME AND GAME FISH, AND FOR OTHER PURPOSES. C. B. No. 66; Approved March 12, 1903.

Sec. 1. Game and fish warden.

CONTENTS.

Appointment by governor. Term of office.
Game and fish warden. To take oath. To give bond. Salary.
Deputies. Appointment.
Penalties. Proviso.

Compensation. Duties of warden and deputies.

Trout or game food fish. Manner of taking. When lawful to catch. Pen-
alties.

Unlawful to take trout or game food fish less than six inches in length.
Penalties.

Unlawful to buy, sell or transport game or game fish caught or killed in the
territory. Penalties.

Unlawful to deposit sawdust in streams or lakes. Unlawful to use any drug
or explosive in catching fish. Penalty.
Screens to be maintained.

Penalty.

Copies of game law to be mailed postmasters of the territory. Postmasters to post copy.

Unlawful to catch in one day more than fifteen pounds of speckled trout or twenty-five pounds of bass. Penalty.

Unlawful for restaurants or hotels to offer to patrons game fish or game killed in New Mexico. Game fish or game imported by restaurants or hotels can be sold only on permit from warden or deputy. Penalty. Proviso. "Game fish" defined.

This act to apply to Indians. Secretary to send certified copies to Indian agents in territory.

Streams may be appropriated for propagating fish. Notices to be posted
and published. Penalty for fishing within enclosure.

Unlawful to kill elk, antelope or mountain sheep for period of two years.
Penalty.

Sec. 16.

Sec. 17.
Sec. 18.

Sec. 19.

Unlawful to kill deer except in months of November and December. Proviso.

Word "Game" defined.

Penalty for violation of provisions of section 16. Proviso.

Chapter 51, Laws of 1899, regarding protection of game and fish, Repealed.

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

Section 1. Within thirty days after the passage of this act, there shall be appointed by the governor of the territory of New Mexico, an officer to be known as the game and fish warden of the Territory of New Mexico, whose term of office shall be two years and until his successor shall be appointed and qualified, and whose duties shall be as prescribed by this

act.

Sec. 2. Such game and fish warden shall, before entering upon the discharge of his duties, qualify by taking the oath now required by law to be taken by officers of the Territory of New Mexico, and by filing with the secretary of the territory, after approval by the governor, a good and sufficient bond with two or more sureties, in the sum of two thousand dollars ($2,000.00), conditioned for the faithful performance and discharge of his duties; and shall receive as full compensation for his services the sum of eighteen hundred dollars ($1,800.00) per annum to be paid monthly out of the territorial treasury in the same manner as salaries of other territorial officers are paid.

Sec. 3. Such game and fish warden shall have the power to appoint deputies in each county in this territory, and to remove the same from office, who shall be residents of the county for which they are appointed, and who shall be specially charged with the duty of enforcing the fish and game laws of the Territory of New Mexico in their respective counties, and such deputies shall receive in full compensation for their services, one-half of all fines imposed upon prosecutions procured or instituted by them, and convictions secured thereunder, for violations of the game and fish laws of this territory, and each deputy so appointed shall qualify by filing with the game and fish warden of the Territory of New Mexico, an oath of office in the form now prescribed by law for territorial officers. It shall be the duty of the game and fish warden of the Territory of New Mexico and of each and every deputy within his county, rigidly and strictly to care for and enforce the provisions of this and all other laws of the Territory of New Mexico for the protection of game and fish of whatsoever kind or description, and to institute or cause the institution of prosecutions for any and all violations

of such laws, and to that end such game and fish warden and each and every of his deputies within their respective counties as aforesaid, are hereby authorized and required to arrest, or cause be arrested, all violators of such laws, and to lodge accusations against them in a court of competent jurisdiction in the premises; to gather evidence on behalf of the prosecution of such offenders, and to do any and all things necessary to the punishment hereunder and under the laws of the Territory of New Mexico of any violations of this or any other law of said territory on the subject of fish and game and the protection thereof. And such game and fish warden or deputy shall be liable to a fine of not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00), or by imprisonment for not less than thirty nor more than ninety days for any failure to arrest and prosecute any person violating any of the provisions of this act: Provided, that such violations come within the knowledge of such warden or deputy, and the conviction thereof shall also operate as a removal of such person from office.

Sec. 4. It shall be unlawful for any person or persons to catch, kill, or have in his or their possession, any species of trout or game food fish found in the public streams or waters of this territory, unless such fish has been taken with a hook and line attached to a rod or held in the hand, and unless such fish be so caught or taken between the fifteenth day of May and the fifteenth day of October in any year; and any person or persons, catching, killing or having in his or their possession, any such fish taken in any other manner or at any other time than as herein permitted, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment not less than thirty days nor more than sixty days, or by both such fine and imprisonment in the discretion of the court; and every fish caught or killed in violation hereof shall cause a separate and distinct prosecution of such offender, as for a separate and distinct offense.

Sec. 5. No species of trout or other game food fish shall be taken in any manner or at any time from the public streams or waters of this territory, unless such fish be of a length not less than six inches, and any person having in his possession at any time any fish taken from the public waters or streams of this territory, the size of which is less than six inches in length, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment for not less than thirty nor

more than sixty days, or by both such fine and imprisonment in the discretion of the court.

Sec. 6. It shall be unlawful for any person or persons, agent or employe, or any association or corporation, to buy or sell, or to expose or offer for sale, any species of trout or game food fish taken from the public streams or waters of this territory, or any game known as elk, deer, antelope, or mountain sheep, at any time during the year; and it shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employes, to receive or have in their possession for transportation for market, any species of trout or game food fish taken from the public streams or waters of this territory, or any game known as elk, deer, antelope, or mountain sheep, or to transport the same for market, after the passage of this act; and any person or persons, agent or employe of any such association or corporation violating any of the provisions of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).

Sec. 7. It shall be unlawful for the owner or owners of any saw mill, or any of the employes thereof, or any other person or persons whomsoever, to deposit, throw or in any way permit to pass into any natural stream, or any lake wherein are living fish, any sawdust, or any other substance that will or may tend to the destruction or driving away of any such fish from such water; and it shall be unlawful to use for the killing or catching of any fish, any poisonous,. deleterious or stupefying drug, dynamite, giant powder or other explosive, at any time; and every person violating any of the provisions of this section, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than six months nor more than one year.

Sec. 8. It shall be the duty of the owner or owners of all canals or ditches in which any portion of the waters of any stream, in which are game food fish as defined by this act, are diverted for purposes of irrigation, or any other purpose which consumes such waters, to arrange and construct at the intake or head of such canals or ditches a wire screen or screens of sufficient fineness to prevent the passage therethrough of any such fish of a length of three inches. Any owner or owners of such canals or ditches failing to so arrange and construct such screen or screens, after thirty days' notice so to do, given in writing by the game and fish warden of this territory, or any deputy game and fish warden for the county in which the head of such ditch is located, shall be

guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment in the county jail for not less than thirty nor more than sixty days, or by both such fine and imprisonment, in the discretion of the court trying the case.

Sec. 9. Within thirty days after the passage of this act, the secretary of the Territory of New Mexico shall cause copies hereof in Spanish and English to be sent by mail to each postmaster in the Territory of New Mexico, with an appropriate request accompanying the same that such copy hereof in Spanish and English be posted conspicuously in view of the public at the office of such postmaster.

Sec. 10. It shall be unlawful at any time of the year for any fisherman or person whomsoever, to catch or kill or have in his possession, in any one day, more than fifteen pounds of speckled trout or more than twenty-five pounds of bass taken from any of the public waters or streams of this territory, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twentyfive dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment for not less than thirty nor more than sixty days, or by both such fine and imprisonment in the discretion of the court.

Sec. 11. No game fish shall be held in possession of, or placed upon the table of any hotel, restaurant, cafe or boarding house, or named on its menu or bill of fare as food for its patrons, either under the name used in this act or in the laws of New Mexico, or under any other name or guise whatever, when the same shall have come from any of the public streams or waters within the Territory of New Mexico; or game known as elk, deer, antelope or mountain sheep, killed within the Territory of New Mexico; and whenever any proprietor, manager, keeper or owner of any hotel, restaurant, cafe or boarding house shall import any game or game fish into this territory, it shall be the duty of such proprietor, manager, keeper or owner, immediately to report the fact to the game and fish warden of the Territory of New Mexico or to his deputy within the county, and to apply for a permit to sell and offer for sale the same, and upon satisfying the said warden or deputy by the production of invoices, bills of lading or other required proofs, that the game, or game fish come from without the Territory of New Mexico, then a permit shall be issued by such warden or deputy, for a period not greater than ten days, to such proprietor, manager, keeper or owner of such hotel, restaurant, cafe or boarding