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territory, or displace any switch, or break or remove any railroad, or tie, or spike or other thing, or excavate the road bed or otherwise injure or weaken the same, or cut or in any other manner interfere with any bridge, or trestle, or culvert, so as to weaken or impair the same, or do any act with intent to throw any locomotive car or train off such track, or to cause a collision between locomotives, cars or trains, or locomotives, cars or trains and other obstacles or do any other act calculated to endanger the safety of or disable any locomotives, cars, or trains that may be upon or running upon such track, shall be deemed guilty of felony and upon conviction thereof, shall be punished by imprisonment in the territorial penitentiary for a term not less than five nor more than ten years; and in case such act or acts shall result in the injury to the person of another, or shall cause the death of another, such person shall be deemed guilty of an assault with intent to commit murder or guilty of murder, as the case may be, and upon conviction thereof shall be punished as in other cases of assault with intent to commit murder. And any and all persons who shall combine, conspire, or contrive to perpetrate or shall counsel, aid, abet or assist in the perpetration of any of the offenses set forth in this section, on conviction thereof, shall be deemed to be principals and punished as in this section provided."

“Sec. 3. Any person or persons who shall wilfully do or cause to be done any act or acts whatever, whereby any building, construction or work of any kind, or any engine, machine, or structure, or thing, or road bed or tract, or anything appertaining to such track, or any property belonging to or appertaining to any railroad company operating a railroad in this territory shall be weakened, injured, impaired, obstructed, stopped or destroyed, shall be deemed guilty of a misdemeanor, and on conviction thereof shall forfeit and pay to such company treble the amount of damages sustained by reason of such act or acts and shall be fined not less than five hundred dollars or imprisoned in the county jail not exceeding six months or shall suffer both such fine and imprisonment in the discretion of the court."

Sec. 2. This act shall take effect and be in force from and after

its passage.

CHAPTER 53.

AN ACT ENTITLED AN ACT TO PERMIT COUNTY COMMISSION

ERS TO MAKE LEVY FOR THE SUPPORT OF THE BOARD OF
HORTICULTURAL COMMISSIONERS. H. B. No. 55; Approved
March 13, 1905.

CONTENTS.

Sec. 1. County commissioners to make levy for the support of the board of horticul

tural commissioners. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That upon the application and demand of the board of horticultural commissioners of any county in this territory that the county commissioners of such county are hereby authorized to make a levy at the regular meeting of the county commissioners for making the general tax levy for such county to make a special levy of not to exceed one mill to be levied and collected as other taxes for the purposes of defraying any expenses incurred by the board of horticultural commissioners in carrying out and enforcing the provisions of sections 707, 708, 709, 710, 711, 712 and 713 of the Compiled Laws of 1897, and the said fund when so levied and collected by such board of county commissioners, shall be exclusively for defraying the expenses of the board of horticultural commissioners and for no other purposes, and shall be paid out by such board of county commissioners for such purposes only upon the order of such board of horticultural commissioners of such county.

Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 3. That an emergency exists and that this act shall take effect and be in force from and after its passage.

CHAPTER 54.

AN ACT AUTHORIZING COUNTY COMMISSIONERS TO LEVY A TAX

FOR COURT HOUSE AND JAIL BUILDING PURPOSES. A.
H. B. No. 39; Approved March 13, 1905.

CONTENTS.

Sec. 1. County commissioners to levy a tax for purpose of creating court house

building fund. Proviso. Sec. 2. Moneys received to be credited to Court House Building Fund."

а

Sec. 3. County commissioners authorized to sell old court house and jail, applying

proceeds toward erection of new buildings Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. The county commissioners of any county not having a court house or jail, or a suitable court house and jail, in the judgment of said county commissioners thereof, are hereby authorized and directed to levy a tax annually, on all property subject to taxation within the confines of said county for the purposes of creating a fund with which to provide a court house in said county: Provided, That said levy shall not exceed five mills on the dollar in any one year.

Sec. 2. That all moneys received from such levy shall be placed to the credit of the fund to be designated “Court House Building Fund” until such time, as in the discretion of the county commissioners of such county there is sufficient money in said fund to provide a suitable court house.

Sec. 3. When any county herein referred to may have a court house and jail which shall not be suitable or necessary for such county, the county commissioners thereof are hereby authorized to sell and dispose of such court house and jail and the land on which they may be situate on the best terms obtainable and apply the proceeds thereof on liquidation of the cost and expenses of erecting such new court house and jail.

Sec. 4. This act shall be in full force and effect from and after

its passage.

CHAPTER 55.

AN ACT ENTITLED AN ACT TO AMEND AN ACT RELATING TO

LAWFUL FENCES. H. B. No. 56; Approved March 13, 1905.

CONTENTS.

Sec. 1. Section 1823, Compiled Laws of 1897, relating to the fencing of certain lands,

amended. Fences required. Term, "cultivated lands'' to apply to what

lands, Sec. 2. Section 1824, Compiled Laws of 1897, defining the boundaries to be fenced,

amended. New boundaries.

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

Mexico: Section 1. That Section 1823 of the Compiled Laws of 1897, be amended so as to read as follows: “That hereafter all persons cultivating lands within that portion of this territory embraced within the boundaries hereinafter mentioned and described, shall be required to fence such cultivated land with a substantial and lawful fence of posts and boards, rails, poles or posts and wire or some good substantial fencing material, sufficient to turn horses, cattle, sheep or goats, and such fences shall be kept in good repair at all times and under all circumstances; that for the purpose of this act a substantial fence or lawful fence shall be such a fence built and constructed in a good and workmanlike manner and of good material of posts and boards, rails, poles or posts and wire or other good fencing material that will turn and keep out ordinary domestic animals or range stock such as cattle, horses, sheep or goats; and that the term "cultivated land” shall apply to all such lands as are used and cultivated for agricultural crops or purposes, for horticultural purposes, fruit crops or other crops, gardens, truck patches, pastures, meadows or any kinds of growing crops and no claims for damages to crops or cultivated lands by depredations of cattle, horses, sheep or goats, shall be allowed to any person or persons if he or they shall fail to comply fully with the provisions of this act.

Sec. 2. That Section 1824 of the Compiled Laws of 1897, be amended so as to read as follows: “This act shall apply to all cultivated lands embraced within the following boundaries, to-wit:

All that portion of the Territory of New Mexico lying north of the north line of township 20, north, to the north line of New Mexico; and all that portion of the Territory of New Mexico lying west of the range line between ranges 6 and 7 west, and including townships 31 and 32 north of ranges 7 west, and all that portion of township 30 north of ranges 7 west and all that portion of townships 31 and 32 north of range 6 west, to the west line of the Territory of New Mexico, and which said territory embraced in this act includes within its boundaries the territory embraced within San Juan county."

Sec. 3. That the provisions of this act shall be in full force and effect during all the time from the time this act becomes operative and goes into effect so long as the same be in force and that all acts or parts of acts inconsistent with or in conflict with this act shall be and are hereby repealed.

Sec. 4. That this act shall take effect and be in force from and after its passage.

CHAPTER 56.

AN ACT TO AUTHORIZE COUNTY COMMISSIONERS TO LEVY A

DEFICIENCY TAX TO PAY FOR THE CONSTRUCTION OF PUB-
LIC BRIDGES. H. B. No. 117; Approved March 13, 1905.

CONTENTS.

Sec. 1. County commissioners to levy a deficiency tax to pay for the construction of

public bridges. Sec. 2. Levy not to extend beyond next annual levy. Be it enacted by the Legislative Assembly of the Territory of New

Mexico:

Section 1. That for the purpose of meeting any deficiency of bridge funds, and the payment of any indebtedness of any county of this territory caused by the construction of any public bridge under an act entitled “An Act to provide for the construction of public bridges,” approved February 14, 1899, the county commissioners of any county in which any public bridge has been constructed, and in which there is a shortage of bridge funds, may at their next annual levy of taxes, levy a tax on the personal and real property of the tax payers of the county, not to exceed two and a half mills on the dollar, which tax shall be collected in the manner now provided by law, for the collection of other taxes.

Sec. 2. That the levy of the tax herein provided for shall not extend beyond the next annual levy, and the money collected under said levy shall be used for no other purposes than the completion of public bridges now incomplete, and under construction; or repairing bridges heretofore constructed.

Sec. 3. This act shall take effect and be in force, thirty days after its passage.

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