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Sec. 21. Violators of act may be bound over by justice of the peace to the district

court. Sec. 22. Failure tu give bond. Sec. 23. Existing license not affected

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

Mexico: Section 1. That the term “itinerant vendor," for the purpose of this act shall moan and include any person, either principal or agent, who engages in either a temporary or transient business in this territory, either in one locality or in traveling about the country, or from place to place, selling manufactured goods, jewelry, wares or merchandise, and it shall include peddlers and hawkers, and also those who for the purpose of carrying on their temporary or transient business, hire, lease or occupy a building, structure, tent, car, vehicle, store room or place of any kind, for the exhibition and sale of any manufactured goods, jewelry, wares or merchandise.

Sec. 2. The provisions of this act shall not apply to commercial travelers or agents selling to merchants in the usual course of business, and it shall not apply to the sale of goods, wares, jewelry or merchandise in original packages from other states as permitted by the laws of the United States applicable to interstate commerce between the states: And, Provided, Further, That the provisions of this act shall not apply to the sale of books, papers, school supplies or household machinery.

Sec. 3. Except as permitted by the preceding section of this act, it shall be unlawful for any person to be engaged in any manner in the business of an “itinerant vendor" as defined by section 1 of this act, unless such a person shall be duly licensed so to do, under the provisions of this act.

Sec. 4. That the secretary of the Territory of New Mexico shall grant a territorial license to any person making due application therefor, to engage in the business of an “itinerant vendor" who shall first file in the office of the secretary of the territory a written certificate signed by any judge of a court of record in this territory, or by the majority of the members of the board of county commissioners of any county in the territory, stating that to the best knowledge, information, and belief of the judge or commissioners making this certificate the applicant for territorial licenses therein named, is of good repute and morals, and integrity, and that he is or has legally declared his intentions to become a citizen of the United States. Such judge of a court of record or any county

commissioners making any such certificate shall require the applicant to make oath that he, the person named therein, that he then is a citizen of the United States, or that he has declared his intentions to become such citizen; that in the business of an "itinerant vendor” he will comply with the laws of the United States and the laws of the Territory of New Mexico, and that in his business as an "itinerant vendor," he will not commit any fraud, sell any manufactured goods, wares, jewelry or merchandise by any false or short weights or measure, or sell any goods, jewelry, wares or merchandise as being composed or manufactured in whole or in part of material or ingredients from which such manufactured goods, jewelry, wares or merchandise are actually composed or manufactured, and such oath shall be certified in writing, upon the certificate of an officer, duly authorized to administer oaths.

Sec. 5. Upon the said certificates and oath provided for in section 4, of this act, being filed in the office of the secretary of the territory with a written application under oath made by the applicant, stating the names and residence of the owners or parties in whose interest the said business of an "itinerant vendor" is to be conducted, the payment to the secretary of the territory of the license of twenty-five dollars, the secretary of the territory shall issue to the applicant a territorial license authorizing him to do business as an "itinerant vendor" within the Territory of New Mexico for the term of one year from the date of the issue of said territorial license, conditioned upon the licensee therein named, procuring a proper county license for such a county in which he may do any business as an "itinerant vendor" and complying with all the provisions of this act, and all laws of the Territory of New Mexico, which license shall be for not less than one year.

Sec. 6. The secretary of the territory shall keep on file all applications for a territorial license, together with all certificates and oaths in connection therewith, and he shall keep a record of all such licenses issued by him with the number thereof and all the payments, and all other matters in connection with each separate territorial license. All of which files and records shall be kept in convenient form open to public inspection.

Sec. 7. That a territorial license shall not be transferable, and such license may be cancelled and forfeited by order of any court of competent jurisdiction upon proof of the violation of the licensee, or any assistant of the licensee of any of the provisions of this act, or any condition upon which the license is issued.

Sec. 8. A person holding a territorial license as an “itinerant vendor” may have not to exceed two assistants to act with and assist him in conducting his business, but no assistant shall act for oi separate from his principal or in a different county from that in which his principal is then personally conducting his business as an "itinerant vendor," and the names of all assistants to an "itinerant vendor," shall be included in the county license under which they may act at the time of its issue.

Sec. 9. Every "itinerant vendor" before making a sale of any manufactured goods, jewelry, wares or merchandise in any county in this territory, shall procure a county license from the county clerk of that county and pay the following named fees therefor, viz:

For each “itinerant vendor" traveling on foot or with one horse, two hundred and fifty dollars per annum;

For each "itinerant vendor" traveling with two horses, three hundred dollars per annum;

For each "itinerant vendor” traveling on a bicycle, one hundred dollars per annum;

For each “itinerant vendor” traveling in any other manner than hereinbefore described, three hundred and fifty dollars;

For each “itinerant vendor” doing business in any building, structure, tent, car, stationary vehicle, storeroom or certain place · of any kind, for the exhibition or sale of any manufactured goods, jewelry, wares or merchandise, for each such building, structure, tent, car, stationary vehicle, storeroom or place, two hundred and fifty dollars.

Sec. 10. Application for a county "itinerant vendor’s” license shall be made by the applicant by presenting to the county clerk, for inspection, his territorial license, filing with the county clerk a copy thereof, and presenting the receipt of the collector and treasurer of the payment of the proper license fee,to the said collector and treasurer as indicated in section 9 of this act, and the fee to the county clerk of fifty cents for such license, whereupon the county clerk shall issue to the applicant a county license authorizing him to do business as an "itinerant vendor" in that county for one year from the date of the issuing of such county license in the particular manner described in such license, conditioned upon the licensee holding during all such time an unexpired and uncancelled territorial license, and such county license shall be numbered and name the persons authorized to act thereunder, not exceeding one principal and two assistants and a county license shall not be transferable.

Sec. 11. Each county clerk shall keep on file all papers filed

with him in connection with each county license, issued by him, and he shall keep a record of all such licenses with the numbers, and of all license fees paid and of the name and residences of each person and assistant acting under each county license issued by him, and all such files and records shall be open for the public inspection.

Sec. 12. All fees paid to the secretary of the territory for license granted under the provisions of this act shall be for the use of the territory, and all fees paid to the treasurer and collector of counties for county licenses, granted under the provisions of this act, shall be one-half for the use of the county in which the license is issued, and the other half for the use of the general school fund of the county in which said license is issued.

Sec. 13. Every person licensed as aforesaid, as an "itinerant vendor” shall post his name, residence and the number of his county license in a conspicuous manner upon his parcels or vehicle, or in a prominent place in his place of business, and when his county license is demanded of him by any county officer, magistrate, sheriff, deputy sheriff, constable or peace officer, he shall forthwith exhibit it, and if he neglects so to do, he shall be subject to the same penalty as if he had no license.

Sec. 14. The territorial license and all county licenses of any person who may be convicted of the violation of any of the provisions of this act, shall from the date of such conviction, be null and void.

Sec. 15. Whoever counterfeits or forges a license, or has a counterfeited or forged license in his possession, with intent to utter or use the same as true, knowing it to be false and counterfeit, shall be punished by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than one year, or by both such fine and imprisonment.

Séc. 16. Every “itinerant vendor” who sells or exposes for sale either at public or private sale, in any county in this territory any manufactured goods, wares, jewelry or merchandise, without having first procured a territorial license, and the license from the county in which he sells or exposes for sale such manufactured goods, jewelry wares or merchandise, as provided for in this act, or files an ap plication, original or supplementary, either with the secretary of the territory or with the county clerk of any county, which contains any false statement, or being licensed according to the terms of this act fails to comply with all the requirements of this act, and every person, both principal or agent, who by circular, handbill, newspaper, or in any manner whatsoever, advertises any such unlicensed sale, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than one year, or both by such fine and imprisonment, besides the costs of the prosecution of the case.

Sec. 17. If any person who is liable for the payment of any license fee, under the provisions of this act, shall, after a demand being made upon him by the county clerk of the county in which such license is reported, or by a sheriff, or deputy sheriff of that county, refuses or neglects to pay to the treasurer and collector of said county, the fee provided for in this act, the district attorney of the district in which said liability occurs, may begin and maintain against the delinquent "itinerant vendor" an action at law for the recovery of such license fee, and for the purpose of procuring any judgment which he may recover in such action. The district attorney may have the said goods, wares, jewelry or merchandise of such “itinerant vendor" attached and held in like manner, as is provided for in cases of attachment.

Sec. 18. If any person shall make any false or untrue oath for the purpose of procuring from any judge, or county commissioner, any certificate, as provided for in section 4 of this act, he shall be held guilty of perjury, and on conviction thereof in a court of competent jurisdiction, he shall be punished as is or may be provided by law for the punishment of perjury permitted (committed) in court on the trial of a cause.

Sec. 19. If any licensed "itinerant vendor" or any assistants of any licensed "vendor" shall commit any fraud in the sale of any manufactured goods, jewelry, wares or merchandise, by any false or short weight, or measure, or by deceit or sell any manufactured goods, jewelry, wares or merchandise, as being composed or manufactured in whole or in part of material or ingredients different from which such manufactured goods, jewelry, wares or merchandise are actually composed or manufactured of, he shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail of not less than thirty days nor more than one year, or by both such fine and imprisonment.

Sec. 20. That the secretary of the territory shall be entitled to the sum of two dollars' fee for each and every license certificate issued by him.

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