fected by the use of the same which is proposed to be made. Upon such report the proceedings shall be had as are provided for under the terms of this act, in other cases where the owners, or any of them, of tracts proposed, to be taken are unknown: Provided, That no condemnation proceedings shall be had under the provisions of this section except for the purposes authorized by law to corporations authorized to exercise the right of eminent domain. Sec. 20. All corporations, lawfully doing business in the Terri-tory of New Mexico, and engaged in the manufacture of logs, lumber or timber, shall have the right to construct, maintain and operate logging roads, chutes, flumes or artificial water courses for the transportation of its logs and other timber products, and shall have the right and power to acquire, hold, use and whenever the rights of any interested party shall not be affected thereby, may transfer all such real and personal property as shall be reasonably necessary for the construction and maintenance of such logging roads, chutes, flumes and artificial water courses: Provided, That such corporations operating under the provisions of this section shall be subject to the laws in force governing common carriers. Sec. 21. Such corporations shall have the right of eminent domain and shall have the right to condemn and appropriate property for the uses and purposes set forth in section 1 of this act. Such right of eminent domain and condemnation shall be exercised in the manner prescribed by this act: Provided, That any property acquired under the provisions of this act shall be used exclusively for the purposes as set forth in this act and whenever the use of such property as herein contemplated shall cease for the period of three years, the same shall revert to the original owner, his heirs or assigns. Sec. 22. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force from and after its passage. CHAPTER 98. AN ACT TO AMEND CHAPTER 73 OF THE SESSION LAWS OF 1903 RELATING TO DAMAGES COMMITTED BY ANIMALS. H. B. No. 146; Approved March 16, 1905. CONTENTS. Sec. . Section 1. Chapter 73, Laws of 1903, regarding the liability of owners of animals, damaging fields, amended. Proviso. Animals to be held by justice of the peace until damage satisfied and paid. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 1 of Chapter 73 of the Laws of 1903 be amended by adding at the end of said section the following: "Provided, That whenever any animal found damaging any cultivated field as provided in this act the same shall be turned over to the justice of the peace of the precinct immediately after such damage has been committed, and said justice of the peace shall hold said animal or animals at the expense of the owner or owners of said animal or animals until such damage has been satisfied and paid. That any person holding any animal or animals for more than twelve hours without turning the same over to the justice of the peace shall be barred from making any claim for such damage." Sec. 2. This act shall be in full force and effect from and after its passage. CHAPTER 99. AN ACT AUTHORIZING THE CONSOLIDATION OF BENEVOLENT, CHARITABLE, AND SCIENTIFIC ASSOCIATIONS. H. B. No. 120; Approved March 16, 1905. CONTENTS. Sec. 1. Consolidation of benevolent, charitable and scientific associations. Consent Decessary to effect consolidation. Be it enacted by the Legislative Assembly of the Territory of Neu Mexico: Section 1. All benevolent, charitable and scientific associations or incorporations, incorporated under the laws of the Territory of New Mexico, and having no capital stock, may consolidate their debts, property, assets, and franchises with any other like association or corporation, either created under the laws of the Territory of New Mexico, or under the laws of any state or territory in such manner as may be agreed upon by the respective boards of directors or trustees of such corporations. No such consolidation must take place without the written consent of three-fourths of the board of directors or trustees of the corporations, and such consolidation must not in any way relieve such corporation or corporations from any and all just liabilities. In case of such consolidation, due notice of the same must be given by advertising for one month in at least one newspaper published at the principal place of business of the corporations consolidating. When the consolidation is completeu a copy of the new articles of incorporation must be filed with the secretary of state or of the territory in the same manner as original articles of incorporation are required to be filed. Sec. 2. This act shall take effect and be.in force from and after its passage. CHAPTER 100. A. AN ACT PROVIDING FOR THE REPEAL OF AN ACT WITH REFER- CONTENTS. Sec. 1. Sections 5, 6, 7, 8 and 9, Chapter 88. Laws of 1903, relating to the equalization of taxes among counties of territory, and Section 32, Chapter 22, Laws of 1899, regarding the listing and assessment of sheep, repealed. Provisos. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 5, Section 6, Section 7, Section 8, and Section 9 of the Session Laws of 1903, Chapter 88, said sections being a portion of an act entitled "An Act providing for the equalization of taxes among the counties of the Territory of New Mexico, approved March 17, 1903, and Section 32 of Chapter 22 of the Session Laws of 1899, approved March 1, 1899, are hereby repealed: Provided, That if the levy made in any county for territorial purposes pursuant to said sections shall produce or may have produced an excess above the quota or sum fixed for such county, such excess shall be paid by the treasurer of said county into the territorial treasury to be used for territorial purposes: Provided, Further, That nothing herein contained shall in any manner invalidate the levy heretofore made pursuant to the provisions of said sections 8 and 9; but such levies shall be and remain in full force and effect and all moneys collected thereunder shall be paid into the territorial treasury for territorial purposes, including any surplus that may be produced by such levies over and above the amount directed to be raised in the several counties of the territory. Sec. 2. This act shall be in full force and effect from and after its passage. CHAPTER 101. AN ACT TO PROMOTE THE EFFICIENCY OF THE NATIONAL GUARD OF THE TERRITORY OF NEW MEXICO AND FOR OTHER PURPOSES. C. B. No. 57; Approved March 16, 1905. CONTENTS. ARTICLE 1.-THE MILITIA OF THE TERRITORY. ARTICLE 2.-THE NATIONAL GUARD OF THE TERRITORY. ARTICLE 3.-COMMISSIONED OFFICERS OF THE NATIONAL GUARD. ARTICLE 4.-ENLISTED MEN OF THE NATIONAL GUARD. ARTICLE 5.-SERVICE OF THE NATIONAL GUARD. ARTICLE 6.-MILITARY COURTS. ARTICLE 7.-ARMS, UNIFORMS, AND EQUIPMENTS OF THE NATIONAL GUARD. ARTICLE 8.-ARMORIES. ARTICLE 9.-PAY AND ALLOWANCES. ARTICLE 10.-PRIVILEGES, PROHIBITIONS AND PENALTIES. Be it enacted by the Legislative Assembly of the Territory of New Mexico: ARTICLE 1.-THE MILITIA OF THE TERRITORY. Sec. 1.-Persons Subject to Militia Duty-Exemptions. All the able-bodied male citizens and able-bodied males of foreign birth who have declared their intention to become citizens, who are more than 18 and less than 45 years of age, and who are residents of this territory, shall constitute the militia, subject to the following exemptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this territory. 3. The members of any regularly organized fire or police department in any city, village, or town, and exempt firemen who have served their full term in any fire company, but no member of the active militia shall be relieved from duty because of his joining any such fire company or department. 4. Justices and clerks of courts of record, registers of deeds, sheriffs, ministers of the gospel, practicing physicians, superintendents, officers and assistants of hospitals, prisons and jails, conductors and engineers of railways. 5. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes. All such exempted persons, except those enumerated in sub-divisions 1 and 5, shall be available for military duty in case of war, insurrection, invasion, or imminent danger thereof. Sec. 2.-Enrollment. Whenever the governor shall deem it necessary, he may order an enrollment to be made by officers designated by him of all persons liable to service in the militia. Such enrollment shall state the name, residence, age and occupations of the persons enrolled, and their previous or existing military or naval service. Three copies shall be made thereof; one shall be retained by the enrolling officer, one filed in the office of the town or city clerk in which the enrolled persons reside, one in the office of the clerk of the county in which the enrollment is made, and the original in the office of the adjutant general. Sec. 3.-Notice of Enrollment—Exemption Claims. The officer making the enrollment shall, at the time of making the same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county clerk. Such clerk shall thereupon, if such person be exempted according to law, mark the word "exempt" opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the militia of the territory, and such clerk shall transmit a copy of such corrected. roll to the adjutant general. The commanding officer of each organization in the national guard and the heads of the fire and police departments in each city or town, whenever an enrollment is ordered, shall file in the office of such county clerk a certified list. of the names of all persons in his command or department. |