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pany, and apply the proceeds realized from such sale to the payment, satisfaction or compromise of the indebtedness of such corporation, the balance remaining to be distributed to the stockholders thereof in accordance with section 15 of this act."
AN ACT TO AMEND SEC. 2582 OF THE COMPILED LAWS OF 1897,
THE SAME IN REGARD TO SOLICITOR GENERAL AND DISTRICT ATTORNEYS. C. B. No. 117; Approved March 16, 1905.
Sec. 1. Section 2582, Compiled Laws of 1897, prohibiting solicitor general or district
attorneys from consulting or defending persons accused of crime, amended. Penalty for consulting or defending persons accused of crime. Provisos
Be enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section 2582 of the Compiled Laws of 1897, be amended so that the same would read as follows:
If the solicitor general or any district attorney shall consult with any accused defendant, or in any other manner shall aid the defense of any person accused of any crime or misdemeanor in this territory, he shall be fined in the sum of not less than five hundred dollars ($500) and shall be removed from office by judgment of the court if convicted of the charge.
Provided, Further, That said solicitor general or district attorney are authorized and should be allowed by the judge of the district court to defend their cases already on the docket of said court, on which appears on said docket that said solicitor general or district attorney were the attorneys of said cases prior to the appointment of said solicitor general or district attorneys.
Provided, Further, That where it appears in the record of the court that the solicitor general or district attorney was the attorney in some cases prior to the appointment of the said solicitor general or district attorney, in those cases the court shall appoint a lawyer to prosecute in those particular cases, allowing said lawyer the fee which is allowed to solicitor general or district attorney, and the solicitor general or district attorney should be allowed to defend in those particular cases.
Provided, Further, That said solicitor general or district attorney shall not be allowed to take any case after he is appointed solicitor general or district attorney in which the territory or county is involved in the litigation in which the law compels the solicitor general or district attorney to prosecute or defend as said solicitor general or district attorney
This act shall be in full force and effect from and after its passage.
AN ACT PROVIDING FOR THE ARREST OF PERSONS WHO MAY
VIOLATE THE PROVISIONS OF SECTIONS 1133 AND 1134 OF
Arrest of persons violating sections 1133 and 1131, Compiled Laws of 1897,
regarding cruelty to animals. Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. Any person who may be found in the act of violating any of the provisions of section 1133 or of section 1134 of the Compiled Laws of 1897, may be arrested by any other person who may find or see them in the act of committing such violation and the person so arresting the person committing such violation shall be authorized to immediately take him before the nearest justice of the peace and make complaint of such violation and such justice of the peace shall immediately investigate the said cause and either place the party under bail to await the action of the grand jury, or try said cause as in his judgment would be most proper, unless upon such investigation, he shall find the party against whom the complaint will be made, not guilty, in which case, he shall discharge him.
Sec. 2. This act shall be in force and effect from and after its passage.
AN ACT TO PREVENT AND PUNISH THE RUNNING AND THE
USE UPON HORSES, CATTLE, MULES, AND ASSES OF ANY
Unlawful to use unrecorded brand.
Mexico: Section 1. It shall be unlawful for any person, firm or corporation, after the first day of September, 1905, to use any brand for branding any horses, cattle, mules or asses, unless said brand shall have been duly recorded in the office of the cattle sanitary board of New Mexico, and the person, firm, or corporation using such brands holds a certificate from the said cattle sanitary board certifying to the fact of such record.
Sec. 2. Any horses, cattle, mules or asses, found branded with any brands not duly recorded as provided for in section 1 of this act shall be subject to seizure by any peace officer or duly authorized hide or cattle inspector appointed by the cattle sanitary board of New Mexico.
Sec. 3. The person seizing such animal or animals shall at once notify the secretary of the cattle sanitary board of New Mexico, giving the number, age and sex of said animals, together with the brands appearing on them. And if said brands shall prove not to be of record in the territorial brand book, the said secretary shall direct the seized animals to be sold as unclaimed cattle as provided in section 223 of the Compiled Laws of New Mexico of 1897: Provided, The cattle sanitary board shall cause such animal or animals to be returned to the owner on payment of the expenses for keeping them upon such owner recording said brands in the territorial brand book within 30 days from the date of seizure by the peace officer or cattle inspector appointed by said cattle sanitary board.
Sec. 4. When any stock shall be seized as provided in this act, and sold as provided in section 223, the secretary of said board, before offering such stock for sale, shall publish a notice of the sale as in case of sales of personal property under chattel mortgages as provided by statute in the county where the same were seized.
Sec. 5. Any person, firm, or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, in any of the courts of this territory having jurisdiction of such cause shall be fined in a sum not more than five hundred dollars or imprisonment for a term not exceeding one year: Provided, No such sentence shall be imposed or conviction had in case the owner shall have within thirty days from the seizure of such animal or animals, caused such brands to be recorded, or when such person shall prove that such brands have been used by him for more than one year, and in such case he shall be required to record his brand immediately.
Sec. 6. It shall be deemed evidence of guilt that the person or persons violating this act, shall have been seen placing said brand upon any animal or animals, whether those seized or others, or shall have claimed to any person or persons that he or they owned or claimed such unrecorded brand, or that the person or persons so violating section 1 of this act, were found or seen handling, driving or holding in an enclosure of any kind any animal or animals bearing said unrecorded brand, except for the purpose of roundup.
Sec. 7. All acts or parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after the first day of September, 1905.
AN ACT TO REGULATE THE PRACTICE OF OPTOMETRY AND FOR
THE APPOINTMENT FOR THE BOARD OF EXAMINERS IN THE MATTER OF SAID REGULATION. H. B. No. 71; Approved March 16, 1905.
Sec. 1. Definition of practice of optometry
Sec. 5. Examination by the board. Fees Registration of persons passing examina.
tion. Sec. 6. Practitioners of optometry to fille affidavit and receive certificate. Sec. 7. Exemptions. Sec. 8. Certiticate to be recorded with county clerk. Fee. Penalty for failure to
to record certificate. Sec. 9. Failure to make app.ication for certificate. Failure to record certificate. Sec. 10. Certificate to be conspicuously displayed. Sec. 11. Compensation of members of board. Expenses. Board to report annually
to the governor. Sec. 12. Annual fue to be paid by registered optometrist. Proviso. Sec. 13. Revocation of certificate of registration. Proviso. Sec. 14. Violation of act, a misdemeanor Penalty. Sec. 15. Jurisdiction of violation of act Sec. 16. To what persons act is applicable. Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. The practice of optometry is defined as follows, namely: The employment of subjective and objective mechanical means to determine the accommodative and refractive states of the eye and the scope of its functions in general.
Sec. 2. It shall be unlawful for any person to practice optometry in the Territory of New Mexico unless he shall first have obtained a certificate of registration and filed the same, or a certified copy thereof, with the clerk of the county of his residence, all as hereinafter provided.
Sec. 3. There is hereby created a board, whose duty it shall be to carry out the purposes and enforce the provisions of this act, and shall be styled the New Mexico Territory Board of Examiners in Optometry. Said board shall be appointed by the governor as soon as practicable after the passage of this act, and shall consist of three persons, two engaged in the actual practice of optometry, and one physician, oculist, residing in the Territory of New Mexico. Each member of said board shall hold office for a term of three years, and until his successor is appointed. Appointments to fill vacancies caused by death, resignation or removal, shall be made for the residue of such term by the governor. The members of said board, before entering upon their duties shall respectively take and subscribe to the oath required to be taken by other officers, and filed with the clerk of the county in which said member resides, and said board shall have a common seal.
Sec. 4. . Said board shall choose at its first regular meeting, and annually thereafter, one of its members president, and one secretary thereof, who severally shall have the power during their term of office to administer oaths and take affidavits, certifying thereto under their hand and the seal of the board. Said board shall meet