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Sec. 2. Any person who shall wilfully and maliciously burn or cause to be burned any building of the value of fifty dollars or over, or any goods, wares, merchandise or other chattels, of the value of fifty dollars or over, whether the same shall be at the same time the property of such person or not, and insured against loss or damage by fire, with intent to prejudice such insurer; every person so offending shall be deemed guilty of arson and shall be punished by imprisonment in the territorial penitentiary not less than one nor more than ten years.

Sec. 3. Any person who shall wilfully and maliciously and unlawfully attempt to burn or cause to be bumed any of the property mentioned in the foregoing section, with intent to burn or destroy the same, or to prejudice any insurer, shall be imprisoned in the county jail not less than three months, or in the territorial penitentiary not less than one year nor more than three years, or by a fine of not more than one thousand dollars, or both in the discretion of the court.

Sec. 4. Sections 1101 and 1102 and 1108 of the Compiled Laws of New Mexico of 1897, and all acts or parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in full force sixty days from and after its passage and approval.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 30.

AN ACT RELATING TO THE FEES TO BE PAID FOR RECORDING

BRANDS; TO FIX THE SALARY OF THE SECRETARY OF THE
CATTLE SANITARY BOARD, AND FOR OTHER PURPOSES.
C. B. No. 49; Approved March 3, 1905.

CONTENTS.

Sec. 1. Fees for recording brands.
Sec 2. Compensation of secretary of cattle sanitary board.

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

Mexico: Section 1. The fees to be paid to the secretary of the cattle sanitary board for recording brands, and for furnishing certified copies thereof, shall remain as now fixed by law; but said fees when received by said secretary shall be transmitted the first of every month to the territorial treasurer, together with all inspection fees and other moneys received by said secretary on the account of the cattle sanitary board, to be placed to the credit of the cattle indemnity fund.

Sec. 2. The secretary of said cattle sanitary board shall receive such compensation for his services as shall be fixed by said board not to exceed $1,800.00 per annum.

Sec. 3. This act shall take effect and be in force from and after its passage.

CHAPTER 31.

AN ACT TO PROVIDE FOR THE PREVENTION AND ERADICATION

OF MANGE OR SCABIES AMONG HORSES, MULES, ASSES
AND CATTLE. A. C. B. No. 29; Approved March 3, 1905.

CONTENTS.

Sev. 1. Cattle sanitary board to regulate the treatment of infectious diseases among

live stock. Proviso. Sec. 2. Board to create infected districts. Infected live stock to be dipped. Sec. 3. Duty of cattle sanitary board to seize and dip infected live stock. Sec. 4. Cattle sanitary board to employ inspectors. Compensation. Duties. Sec. 5. Inspectors of agricultural department may be appointed inspector by board. Sec. 6. Direction of dipping to be under agricultural department supervisor or mem

ber of board. Certificate of dipping. Dipping fee. Sec. 7. Lien on live stock account of dipping. Records to be kept in office of secre

tary of the board. Sec, 8. Penalty for violations of provisions of act. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. In addition to the powers now conferred upon it by law the cattle sanitary board of this territory shall have the power and it shall be its duty to determine the existence of, and employ the most efficient and practical means to prevent, suppress, control and eradicate the disease known as mange or scabies, or any contagious or infectious disease, among horses, mules, asses and cattle; and to direct and regulate the handling, dipping or treating of any of the aforesaid classes of live stock when infected with or exposed to the said disease; to make and adopt such quarantine and sanitary regulations to that end as may be by it deemed expedient: Provided, That all such regulations shall so far as practicable conform to the regulations in that regard of the department of agriculture of the United States, as they shall be from time to time promulgated; and to create and define districts within which such disease exists : Provided, Further, That in determining the district or districts within this territory in which such disease from time to time exists; said board shall co-operate with said department of agriculture.

A majority of said board shall constitute a quorum, and the said board may exercise any of the powers conferred upon it by this act through committees of its own members thereto specially empowered by resolution.

Sec. 2. Whenever the said board shall, from time to time, have determined that said disease exists in any such district or districts and created and defined the same, the same shall be known as an infected district or districts, and the board shall as soon as possible after creating such infected district, cause notice of the creation and of the limits thereof to be given by publication once a week for three successive weeks in some newspaper published within and of general circulation within said district, and if no newspaper be published therein, then in some newspaper published at a point nearest thereto; and thereupon it shall be the duty of all persons owning or having the control of any of the aforesaid classes of live stock within the boundaries of said district, to dip or treat said live stock within said district or so much of said live stock as the regulations of said board applicable to said district may require; the dipping of all such live stock to be in strict compliance with the regulations of said board, and within such reasonable time after the completion of the publication of the notice of the creation of said district, as said board may prescribe. The said board shall, before publishing said notice, as to any created district; prescribe the dipping regulations applicable thereto; and shall publish said regulations with said notice.

Sec. 3. It shall be the duty of the said cattle sanitary board, promptly upon the expiration of 40 days after the completion of the publication of the notice of the creation of any such infected district, to cause to be seized and gathered and dipped and treated any undipped or untreated live stock of the classes named within said district: Provided, However, That no obligation shall exist or be created by or against said board on account of the dipping or treating of any live stock by it, but such expenses shall be a charge and shall be paid by said board out of any sums realized out of the lien of liability by this act created.

Sec. 4. To aid in the enforcement of the provisions of this act it shall be the duty of the board, and they are hereby authorized to employ for that service, and to be known as inspector, as many competent and discreet persons from time to time as emergencies may arise, as in their judgment they may deem necessary for the purpose, and shall fix their compensation which shall not exceed two dollars and fifty cents per day each, while in actual service, and in their actual and necessary expenses while in performance of their duties, as may be agreed upon. And also to direct them as to their duties and as to where, when and how to perform them. Such persons to make full reports to said board in writing, of all their acts and doings under said instructions. And in the performance of their duties, whenever necessary, they may enter upon and examine any car, yard, stable, corral, or any building or premises to examine any said live stock therein or thereon, and otherwise do whatever may be necessary and proper therein or thereon to the effectual discharge of their said powers and duties.

Sec. 5. Subject to the approval of the department of agriculture of the United States, the inspectors appointed by it, may also be appointed by the said board, for the services set forth in Section 4 of this act, and they shall hold said appointment at the pleasure of said board so long as they remain inspectors of said department and as such are stationed in this territory and they shall act as such inspectors without bond or compensation from the territory and shall possess all the powers and duties of territorial inspector as needed for the purpose of this act.

Sec. 6. All dipping shall be under the supervision of the department of agriculture through its regular inspectors, or a duly authorized member of this board, and every person within the district who shall own or control any of said live stock required to be dipped or treated therein, shall as soon as the same shall have been dipped or treated in conformity with the regulations of said board, be entitled to receive and shall receive from the said board a certificate in writing to that effect. The said board is hereby empowered and required by regulation to impose and collect a dipping inspection fee to cover the estimated cost of dipping or treating supervision incurred under its regulations.

Sec. 7. For all sums paid out by the said board pursuant to the provisions of this section and in addition thereto such further sum per head of live stock dipped or treated as in this act provided as may be fixed by the said board by regulations as a penalty, and for all amounts due on account of dipping or treating supervision, it shall have a lien upon all such live stock so dipped or treated and any other live stock of the person owning the same, which lien shall be a first lien and superior to any other lien, claim or demand against said live stock, which said lien the said board shall have

stock or any

power to enforce by appropriate action and it may further maintain an action to recover from the owner of such live stock the amount of said lien.

The board shall cause to be kept in the office of the secretary thereof a record of all sums due to it on account of payments made or expenditures incurred on account of the dipping of any such live stock, or on account of dipping or treating supervision, together with the brand of all live stock affected by the lien aforesaid, and the name of the owner thereof, if known, which record shall be deemed to impart notice of such lien. Sec. 8. Any owner or person having control of any of said live

other

person whether an officer or employe of said board or a private person who shall wilfully violate any provisions of this act or regulations or orders lawfully made in conformity therewith, or who shall in any manner hinder or obstruct the execution of any such regulation or order, or hinder, resist, or obstruct any of ficer or employe of said board or the territorial veterinarian or any inspector in the discharge of his duty or in the exercise of his lawful powers or who shall wilfully or negligently break any quarantine or wilfully or negligently suffer any quarantined animal or animals to escape from any quarantine shall be deemed guilty of a misdemeanor.

Sec. 9. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 10. This act shall be in effect from and after its passage.

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CHAPTER 32.

AN ACT TO PROHIBIT THE GIVING OF AND PARTICIPATING IN

CATTLE ROPING EXHIBITIONS. C. B. No. 23; Approved
March 3, 1905.

CONTENTS.

Sec. 1. Cattle roping exhibitions prohibited.
Sec. 2. Penalty.
Sec. 3. Jurisdiction of justices of peace.
Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. It shall be unlawful for any association, person or persons to give or participate in any cattle roping exhibition in this territory

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