fails or refuses to immediately pay the same, or in event said parties agree to arbitrate and the owner of said animals fails to immediately pay the amount adjudged to be due by said arbitrators, if said animals have not already been delivered to the justice of the peace the same shall be immediately delivered to said justice of the peace to be by him sold, and said justice of the peace shall immediately proceed to sell as hereinafter provided.

SEC. 12. In the event that it becomes the duty of said justice of the peace to sell any of said animals under the terms of this chapter, he shall give notice of said sale by posting notice thereof in six public places within said political sub-division, and also to give notice to the owner of said property by mailing a copy of said posted notice to said owner at his last and ordinary place of address. Said notice shall state the purpose of said sale, describe the number and kind of animals, give their brands and marks, if any, the amount of costs, fees and damages for which said animals are to be sold, and shall state the hour and day of sale, which time shall not be less than five nor more than twenty days from the time of posting said notice.

In case the damages are awarded by judgment in court in an action brought for that purpose, said animals shall be sold under execution, as in other cases.

SEC. 13. Should the party claiming damages deliver said animals to the said justice of the peace to be held and impounded for damages, it shall be the duty of said justice of the peace to note on his docket at the time of delivery the number and kind of such animals, the marks and brands thereon, the time of delivery thereof and the name of the owner, if known, and of the person delivering the same and the amount of his claim for damages. The justice of the peace shall then summon the owner of said animals, if known, or his whereabouts can be ascertained, to appear forthwith before him and show cause, if any, why said animals should not be sold to pay said claim for damages and costs of court.

SEC. 14. The justice of the peace shall receive as fees for entering orders and issuing papers and performing other duties relating to this chapter, the same as are provided by law in civil cases for similar services, and all persons serving papers herein shall be allowed the same fees as are allowed in civil cases for similar services. Arbitrators selected under the terms of this chapter shall be allowed the sum of one dollar each for their services.

The justice of the peace shall be allowed fifteen cents per head each day for caring for said animals. He shall feed and care for them while held by him, and shall be allowed for feed

the market price thereof, providing that the costs of feed shall not exceed fifty cents a day per head. The justice of the peace shall have the authority to appoint some other person to act as pound keeper, who shall hold said animals subject to the orders of said justice of the peace, and shall receive the same fees and costs as are provided herein for said justice of the peace in caring for and feeding said animals.

SEC. 15. If the owner of said animals is unknown and cannot be ascertained by reasonable invetsigation, and a claim for damages is made, the justice of the peace shall appoint three disinterested appraisers to appraise the amount of damages, who shall take the oath of office and perform the duties and proceed as prescribed for arbitrators in this act, and when said appraisers have assessed the amount of damages the claimant for damages. shall be bound thereby.

SEC. 16. The justice of the peace, after paying all costs, fees and claims from the proceeds of any sale which shall be made under his direction, as hereinbefore provided, shall pay over the remainder to the owner of said animals. If the owner is unknown he shall deposit the proceeds of said sale, after paying all such costs and claims, with the county clerk, and if said sum so received by the county clerk is not called for by the owner within two years, the said county clerk shall pay the same over to the county treasurer of the county for the use and benefit of the school fund. Provided, that in case the sale is made under execution, as hereinbefore provided, the justice of the peace shall file with the officer making such sale a certified statement of all costs and expenses that may have accrued, which shall be paid by the officer selling the same under execution as other costs are paid.

SEC. 17. At any time after said order made by the board of county commissioners has been in effect for a period of two years it shall be the duty of the county commissioners to rescind the same upon petition of a majority of the land owners of said sub-division who are qualified voters therein, asking that said order be rescinded, and notice of said order shall be given as provided for the original order made by the board of county commissioners.

SEC. 18. This chapter shall not apply to any incorporated city or town within said sub-division.

SEC. 19. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

CHAPTER 89.

AN ACT TO AMEND SECTION 3, OF CHAPTER 52, SESSION LAWS OF 1917, AND PROVIDING FOR THE TAXATION OF STATE LANDS SOLD UNDER CONTRACT.

Committee Substitute for H. B. No. 63 (as amended); Approved March 15, 1919.

Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. That Sec. 3, Chapter 52, of the Session Laws of 1917, be and the same is hereby amended so as to read as follows:

"SEC. 3. The legal and equitable interests arising under and accruing to the owner of any contract for the purchase of any state lands, whether such contract be entered into under the provisions of this act or any other act authorizing the sale of state lands under contract, option or agreement entered into between the state and any person or corporation, shall be taxed to such owner or contractee at the full cash value of both such legal and equitable interest, together with the value of all improvements made upon such lands so contracted for; Provided that in no event shall such equity be taxed at less than forty per centum of the purchase price stipulated in such purchase contracts."

SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed.

SEC. 3. 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 declared to exist, and this act shall take effect and be in full force from and after its passage and approval.

CHAPTER 90.

AN ACT APPORTIONING ROAD TAX LEVIES TO CITIES, TOWNS, AND VILLAGES.

H. B. No. 147 (as amended); Approved March 15, 1919, Be It Enacted by the Legislature of the State of New Mexico.

SECTION 1. From and after the time this act shall take effect, the Treasurer of each county shall immediately as the same are received, pay over to the treasurer of any city, town or village situate within such county thirty per centum of all

moneys coming into the hands of such county treasurer and collected from or under any road tax levied for county roads under general laws on the taxable property within the corporate limits of such city, town or village, the proceeds of which tax are not pledged for the payment of certificates of indebtedness or bonds already issued, or not levied to meet the assent of the State of New Mexico to the provisions of the act of Congress, approved July 11, 1916, entitled, "An Act to provide that the United States shall aid the States in the construction of Rural Post Roads and for other purposes," under Chapter 38 of the Session Laws of the Third State Legislative Assembly of New Mexico.

SEC. 2. All moneys received by treasurers of cities, towns and villages under this act shall be held and expended as "Street Paving and Improvement Funds," and for no other purposes, providing that all funds received hereunder shall be expended for street maintenance and improvement of streets in such cities, towns and villages which are extensions of the public roads and highways through or into such cities, towns and villages and that paving shall not be considered as improvements for the purposes of this act.

And provided further that such funds may be expended upon roads within the county outside of the limits of and leading into such cities, towns and villages.

SEC. 3. All acts and parts of acts in conflict herewith are hereby repealed.

CHAPTER 91.

AN ACT TO PROVIDE FOR THE CARE, CUSTODY AND DISPOSITION OF BALLOTS CAST AT GENERAL ELECTIONS.

H. B. No. 173 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. After the judges of election shall have counted the ballots as provided by Section 2022 of the Codification of 1915, they shall wrap said ballots in a securely tied package and seal the same, writing thereon, on the outside, the number of the precinct and name of county in which they were cast and seal the same, and each judge shall sign his name on said package, after which said ballots shall be placed in the ballot box as provided in said section.

SEC. 2. At the time of canvassing the vote by the county commissioners as provided by law, the county clerk, in the pres

ence of the county chairman of every political party represented on the official ballot at such election if they desire to be present shall publicly open said ballot boxes, and without removing the wrapping or breaking the seals shall wrap in a securely tied package or packages all the ballots cast in said county at said election and seal said package or packages, marking on each said package the name of the county, and number or numbers of the precinct in which the ballots in each package were cast, and transmit the same to the judge of the district court, either in person or by express or registered mail.

SEC. 3. The judge of the district court shall preserve in the packages as delivered to him the said ballots and not permit them to be opened or inspected except where a recount or an inspection thereof shall be had according to law. After the time has expired for the bringing of any action in which such recount or inspection might be legally had, the judge of the district court shall burn said ballots in public.

SEC. 4. Any person who shall without lawful authority open or inspect any such package of ballots or ballot or conspire with others to have the same done; or who shall discover the number on any ballot or conspire with others to have the same done, upon the conviction thereof shall be punished by a fine. of not more than one thousand dollars, or by imprisonment in the county jail or state penitentiary for a term at hard labor of not more than eighteen months, or by both such fine and imprisonment in the discretion of the court; and upon such conviction shall be disqualified from holding any public office for two years.

SEC. 5. That Section 1999, Codification of 1915, be and the same is hereby repealed.

CHAPTER 92.

AN ACT PROVIDING FOR THE SAFEKEEPING OF PRISONERS AND AUTHORIZING THE PAYMENT OF THE EXPENSE THEREFOR.

H. B. No. 203 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. Whenever the public welfare or the safe custody of a prisoner shall require any district judge in the State of New Mexico in his discretion may order any person charged with the commission of a crime, or any person in the custody of the sheriff of any county in the district of the said judge, to be removed to another county jail, or to the State penitentiary, or to any other