CHAPTER 55. AN ACT AMENDING SECTION 138 OF THE NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATING TO RECORDING OF BRANDS. Committee Substitute for House Bill No. 38 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That Section 138, of the New Mexico Statutes, Codification of 1915, be and the same is hereby amended to read as follows: SECTION 138. SEC. 113. It shall be the duty of every owner of horses, mules, asses, or neat cattle, desiring to use in branding the same any brand not already duly recorded in the office of the Cattle Sanitary Board, to file with the Secretary of the Cattle Sanitary Board a fac-simile of such brand. Such owner shall designate his kept up or running brand and may record other brands as holding brands upon animals so owned upon furnishing to said secretary full description as to number, class and locality of all animals branded with such holding brand: Provided, that it shall be unlawful for any such owner to brand the increase of such animals in any other brand than the recorded, kept up or running brand of such owner, except in case of mortgaged animals as provided in section 128 of this chapter. Any person who shall violate the provisions of this act upon conviction thereof shall be confined in the county jail not to exceed twelve months or fined not to exceed five hundred dollars $(500) or suffer both such fine and imprisonment in the discretion of the court. CHAPTER 56. AN ACT AMENDING SECTION 1609, NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATING TO UNLAWFUL BRANDING OF ANIMALS. Committee Substitute for House Bill No. 40 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That section 1609, New Mexico Statutes, Codification of 1915, be and the same is hereby amended to read as follows: SEC. 160. If any person shall brand or mark, or cause to be branded or marked, with his, her, or their brand, or any other not the recorded, kept-up or running brand of the owner, any animal being the property of another, or shall efface, deface or obliterate any brand or mark upon any animal, any such person so offending shall be deemed guilty of a felony, and upon the first conviction thereof shall be confined in the penitentiary not less than one year nor more than two years, or fined not less than five hundred dollars nor more than five thousand dollars, or suffer both such fine and imprisonment in the discretion of the court; but upon a second conviction of the crime herein defined or upon any conviction of such crime subsequent to the first conviction thereof, and whether the first conviction had been had in the courts of this or any other state, such person so convicted shall be confined in the penitentiary for not less than two nor more than ten years in the discretion of the court. CHAPTER 57. AN ACT AMENDING SECTION 1610, NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATING TO BRANDING OF ANIMALS. Committee Substitute for House Bill No. 42 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That section 1610, New Mexico Statutes, Codification of 1915, be, and the same is hereby amended to read as follows: SECTION 1610. SEC. 161. Any person who shall knowingÏy mark or brand any unmarked or unbranded horse, mule, ass, or neat cattle in this state with a mark or brand not the recorded, kept-up or running brand of the owner of any such animal shall be deemed guilty of a felony, and upon the first conviction thereof shall be confined in the penitentiary not less than one year nor more than two years, or fined not less than five hundred dollars nor more than five thousand dollars or suffer both such fine and imprisonment in the discretion of the court; but upon a second conviction of the crime herein defined, or upon any conviction of such crime subsequent to the first conviction thereof, and whether the first conviction had been had in the courts of this state or any other state, such person so convicted shall be confined in the peitentiary for not less than two years nor more than ten years in the discretion of the court. CHAPTER 58. AN ACT AMENDING SECTION 150, NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATING TO THE REMOVAL OF CATTLE BEYOND THE LIMITS OF THE STATE WITHOUT INSPECTION AND PROVIDING PENALTIES THEREFOR. Committee Substitute for House Bill No. 44 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That section 150, New Mexico Statutes, Codification of 1915, be, and the same is hereby amended to read as follows: SECTION 150. SEC. 125. Any person, firm or corporation who shall knowingly remove any cattle, horses, mules, asses, sheep or goats beyond the limits of this state without having the same inspected as required by law shall be deemed guilty of a felony and upon the first conviction thereof shall be confined in the penitentiary not less than one year nor more than two years, or fined not less than five hundred dollars nor more than five thousand dollars, or suffer both such fine and imprisonment in the discretion of the court; but upon a second conviction of the crime herein defined, or upon any conviction of such crime subsequent to the first conviction thereof, and whether the first conviction had been had in the courts of this or any other state, such person so convicted shall be confined in the penitentiary for not less than two nor more than ten years in the discretion of the court. CHAPTER 59. AN ACT AMENDING SECTION 3765, BEING SUB-SECTION 235 or CHAPTER LXXV, NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATIVE TO AREA OF VILLAGES, AND PROVIDING FOR CHANGE IN BOUNDARIES THEREOF. House Bill No. 80 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: That section 3765, being sub-section 235 of Chapter LXXV, New Mexico Statutes, Codification of 1915, be and the same is hereby amended to read as follows: That the territory embraced in the proposed incorporated village shall contain not less than forty acres of land, and not less than one hundred and fifty people. And that villages heretofore incorporated, having the required number of people, may change the municipal boundaries thereof by ordinance which shall set out, by map and description, the new boundaries thereof and a certified copy of which ordinance, map and description shall be filed in the office of the county clerk of the county in which such village is located. Provided, that the change in boundaries provided herein shall be in force and effect from and after the filing of said papers in the office of the said county clerk. Provided, further, that the incorporation of any village before the passage of this act shall not be void by reason of failure to comply with the territorial provisions of the law with reference to area, if it complies with the provisions of this act. CHAPTER 60. AN ACT TO AMEND SECTION 2190 OF THE CODIFICATION OF THE LAWS OF 1915. House Bill No. 108 (as amended); Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That section 2190 of the Codification of the Laws of 1915, be, and the same is hereby amended to read as follows: SECTION 1. The party in whose favor any judgment, order or decree in any court may be returned, shall have execution therefor in conformity to the order, judgment, or decree. Said execution may be issued to the sheriff of any county of the state, and levy and sale made in any county wherein the judgment debtor may have property subject to execution. The court where the judgment or decree was rendered shall have jurisdiction over all matters growing out of the levy or gale under any execution. CHAPTER 61. AN ACT RELATIVE TO THE TAXATION OF THE NET OUTPUT OF MINES. Committee Substitute for House Bill No. 162; Approved March 14, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That the average net value in dollars of the output of each producing mine in the State of New Mexico for the years 1916, 1917, and 1918, shall be taken and considered by the State Tax Commission as the basis of valuation for the purposes of taxation of the net value in dollars of the output of each producing mine for the years 1919 and 1920. Provided, that if the average net valuation in dollars of the output of each producing mine or mining claim for the said three years for which the said assessment is made is less than the actual net production for the current year for which the said assessment is made, then the actual net production for the said current year shall be taken and considered as the basis of valuation for the purposes of taxation for such mine or mining claim. Provided, further, that whenever the average net value in dollars of production of any mine for the years herein mentioned shall be less than fifty thousand dollars, then such production shall be taxed on the basis of production for the current year. Provided, further, that any mine which has no record of production during the years 1916, 1917 and 1918 shall be taxed upon the basis of production for the current year. SEC. 2. Nothing in this act contained must be construed to exempt from taxation any improvements, buildings, erections, structures or machinery placed upon any mine or mining claim or used in connection therewith, or used in the transportation, reduction or refining of the product thereof or to exempt from taxation any value which any mining claim or mineral lands may have for any other than mining purposes; but all such buildings, erections, structures and machinery and all grazing, building and other surface values of said mining claims or mineral lands shall be assessed and taxed in the same manner as other property of like kind. SEC. 4. All acts acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 5. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible time, and therefore an emergency is hereby |