appraisement and administration free of charge or compensation to such appraisers, administrator or administratrix, executor or executrix; and if any part of the property shall be in a county other than that where the administration is granted the appraisers therein shall likewise be two in number, and shall be appointed as herein provided, and in such latter case a certified copy of the letters of appointment by such probate judge or court of another county, shall be filed with the inventory: Provided, That in any instance wherein any such two appraisers fail to agree upon the valuation of such property, then in such event the probate judge of such county shall be and constitute a third member of such appraising board, a majority of which shall control and determine the valuation thereof."

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in full force sixty days from and after its passage and approval.

CHAPTER 51.

AN ACT FOR THE BETTER PROTECTION OF GAME ANIMALS, BIRDS AND FISH WITHIN THE TERRITORY OF NEW MEXICO. C. S. for C. B. No. 51; Approved March 13, 1905.

CONTENTS.

Sec. 1. Penalty for killing, trapping and ensnaring elk, mountain sheep, beaver and ptarmigan. Proviso.

Sec 3.

Sec. 2. Killing of certain birds and animals prohibited for period of five years. Proviso. Open season on certain birds and animals. Proviso. Unlawful for restaurants or hotels to offer to patrons game fish or game killed in New Mexico. Game fish or game not to be held more than five days after close of season. Game fish or game imported by restaurants or ho tels can be sold only on permit from warden or deputy. Penalty. Proviso. Sec. 4. Owner or lessee of lands to post notices prohibiting hunting or fishing. Penalty.

Sec. 5. Unlawful to buy, sell or transport game or game fish caught or killed in the territory. Penalty.

Sec. 6. Chapter 26. Laws of 1901, providing for the protection of game birds, repealed. Sections 6, 11. 14, 15, 16 and 18, Chapter 48, Laws of 1903, providing for the protection of game fish, repealed. Sections 1354, 1355, 1356, 1357. 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, and 1367, Compiled Laws of 1897, regarding the protection of game and fish, repealed. Chapter 46, Laws of 1901, providing for the protection of certain game animals, repealed.

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

Section 1. After the passage of this act it shall be unlawful to kill, trap, ensnare, or in any manner destroy or injure, at any time,

any elk, mountain sheep, beaver or ptarmigan within the Territory of New Mexico; and any person 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 one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court: Provided, That the territorial game and fish warden may grant permits for the capture of such beaver as interfere with the operation of any lawful canal, ditch or dam, and for the capture of beaver to be transferred from one stream to another.

Sec. 2. It shall be unlawful to kill, trap, ensnare, injure or de-. stroy any antelope, pheasant, bob-white quail or wild pigeon within the Territory of New Mexico for a period of five years after the passage of this act. It shall be unlawful to kill, trap, ensnare or in any manner injure or destroy any deer within the Territory of New Mexico, except that deer with horns may be killed with a gun only during the period commencing September 15, and ending October 31, of each year: Provided, That no person shall kill or have in his possession more than one such deer during said period in each year.

It shall be unlawful to kill, trap, ensnare, injure or destroy any turtledove within the Territory of New Mexico, except that such birds may be killed with a gun only, during the period commencing with the 1st day of August and ending with the 30th day of September of each year.

It shall be unlawful to kill, trap, ensnare or in any manner injure or destroy any native or crested quail within the Territory of New Mexico, except that such birds may be killed with a gun only, during the months of October, November and December of each year.

It shall be unlawful to kill, trap, ensnare or in any manner injure or destroy any wild turkey, mountain grouse, or prairie chicken within the Territory of New Mexico, except that such birds may be killed with a gun only during the months of October, November and December of each year.

Any person failing to comply with the provisions of this section. or violating any of the provisions thereof, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or by imprisonment for not less than thirty days nor more than sixty days, or by both such fine and imprison

ment in the discretion of the court: Provided, That one-half of all fines collected for violations of this act shall be turned into the county treasury of each courty to be distributed in the school fund of the county in which the offense was committed.

Sec. 3. 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 name or guise whatever when the same shall have come from any of the streams or waters within the Territory of New Mexico; or any game known as elk, deer, antelope, or arountain sheep, killed within the Territory of New Mexico, or any game birds known as wild turkey, mountain grouse, native or crested quail, turtledove, pheasant, bob-white quail, wild pigeon or ptarmigan, killed within the Territory of New Mexico; and none of the game animals, birds or fish mentioned in this section shall be held in possession by any person for more than five days after the close of the season for killing or taking the same; and whenever any proprietor, manager, keeper or owner of any hotel, restaurant, cafe or boarding house, shall import any game animals, birds or fish into the Territory of New Mexico, it shall be the duty of such proprie tor, 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 and other required proofs that such game animals, birds or fish, came from without the Territory of New Mexico, then a permit may 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 house, allowing him to sell and offer for sale the same during the period stated in such permit: Provided, That the provisions of this section shall also apply to any business house or merchant within the Territory of New Mexico importing or offering for sale, or selling game animals, birds or fish brought from without said Territory.

Any person failing to comply with the provisions of this section or violating any of the provisions thereof, 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 one hundred dollars ($100.00) or by imprisonment for not

less than thirty days nor more than sixty days, or by both such fine and imprisonment in the discretion of the court.

Sec. 4. Whenever the owner or lessee of lands within any inclosure or pasture in the Territory of New Mexico shall desire to protect or propagate game birds, animals or fish within said inclosure or pasture, he shall publish notices in both English and Spanish, warning all persons not to hunt or fish within said inclosure or pasture, which notices shall be by hand bills posted in at least three conspicuous places on said premises, and by publication for three consecutive weeks in some newspaper of general circulation in the county wherein said premises are situate. After the publication and posting of such notices, it shall be unlawful for any person to enter upon said premises or inclosure for the purpose of hunting or fishing, or to kill or injure any birds, animal or fish within such inclosure or pasture at any time without the permission of such owner or lessee, 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 fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or by imprisonment for not less than thirty days nor more than sixty days or by both such fine and imprisonment in the discretion of the court.

Sec. 5. It shall be unlawful for any person or persons, agent or employe, or any association or corporation, to buy or sell, or expose or offer for sale, any species of trout, or game food fish taken from the streams or waters of the Territory of New Mexico; or any game known as elk, deer, antelope or mountain sheep, killed within the Territory of New Mexico; or any game birds known as wild turkey, mountain grouse, native or crested quail, turtle dove, pheasant, bob-white quail, wild pigeon or ptarmigan, killed within the Territory of New Mexico at any time; 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 streams or waters of the Territory of New Mexico; or any game known as elk, deer, antelope, or mountain sheep, killed within the Territory of New Mexico, or any game birds known as wild turkey, mountain grouse, native or crested quail, turtle dove, pheasant, bob-white quail, wild pigeon or ptarmigan, killed within the Territory of New Mexico, 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 cor

poration, 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. 6. Chapter 26 of the Session Laws of 1901 of the 34th Legislative Assembly of the Territory is hereby repealed; and sections 6, 11, 14, 15, 16, and 18 of Chapter 48 of the Session Laws of 1903 of the 35th Legislative Assembly are hereby repealed; and sections 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, of the Compiled Laws of the Territory of New Mexico of 1897 are hereby repealed; and Chapter 46 of the Session Laws of 1901 of the 34th Legislative Assembly of the Territory of New Mexico is hereby repealed; and this act shall take effect and be in force from and after its passage.

CHAPTER 52.

AN ACT TO AMEND SECTIONS TWO AND THREE OF AN ACT ENTITLED "AN ACT IN RELATION TO CRIME AND PUNISHMENT," APPROVED APRIL 2, 1884. H. B. No. 105; Ap· proved March 13, 1905.

CONTENTS.

Sec. 1. Sections 1150 and 1159, Compiled Laws of 1897, fixing penalties for the obstruction of railroad tracks, amended. Persons placing obstructions on railroad tracks with the intent to cause accident, guilty of felony. When persons placing obtructions will be guilty of assault with the intent to commit murder or guilty of murder. Abettors deemed principals. Penalties. Wilful interference with engines, machines, structures and railroad appliances, a misdemeanor. Penalty.

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

Section 1. That sections two (2) and three (3) of an act of the 26th Legislative Assembly of the Territory of New Mexico, entitled "An Act in relation to crime and punishment," approved April 2, 1884, and appearing in the Compiled Laws of the Territory of New Mexico of the year 1897, as sections 1150 and 1159, respectively, be and the same are hereby amended so as to read as follows, viz:

"Sec. 2. Any person who shall place any obstruction upon any railroad track of any railroad company operating a railroad in this