CHAPTER 37. AN ACT FOR THE PROTECTION OF PERSONS HIRING LABOR H. B. No. 111; Approved March 8, 1905. IN ADVANCE. CONTENTS. Sec. 1. Penalty for failure to work after receiving advances in money or goods. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Any person or persons, who under the pretense of hiring to do work for any other person or persons who shall obtain in advance and on account of promise of work to be done by such person or persons, any goods or money, and afterwards being able so to do wilfully, fails to perform the work agreed by such person or persons to be performed; be punished before any justice of the peace by a fine of not less than fifty dollars, and no more than one hundred dollars, or by imprisonment in the county jail for not less than three months nor more than six months or both: Provided, However, If before, or at the time said labor was to be done or porformed said person or persons shall refund said money or pay for any goods so obtained and interest on the same, this law shall not apply. Sec. 2. That all laws or parts of laws in conflict herewith, are hereby repealed, and this act shall take effect thirty days after its passage. 1 CHAPTER 38. AN ACT TO PREVENT THE SALE OF ANIMALS ON SHARES, WITHOUT THE CONSENT OF THE OWNER, AND FOR OTHER PURPOSES. H. B. No. 107; Approved March 8, 1905. CONTENTS. Sec. 1. Penalty for sale of animals on shares, without the consent of the owner. Sec. 2. Penalty for buying or receiving animals without the consent of the owner. Sec. 3. Evidentiary value of recorded contracts. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That hereafter if any person having in his possession, or under his control on shares, or under contract any horses, cat tle or sheep, and shall contract, sell or otherwise dispose of the same, or any part thereof to another, without the consent of such owner, the person so offending shall be deemed guilty of a felony, and on indictment and conviction shall be imprisoned in the penitentiary not less than six months or more than three years, or shall be fined not less than $50.00 nor more than $500.00, or shall suffer both fine and imprisonment, in the discretion of the court trying the case. Sec. 2. Any person who shall knowingly buy of, take or receive from any person having in his possession, or under his control, any horses, cattle, or sheep on shares, or under contract, without the consent of the owner of such animals, shall be deemed guilty of a felony, and shall on indictment and conviction be punished as provided for in Section 1 of this act. Sec. 3. Any contract, now of record in the office of the probate clerk and ex-officio recorder, or any contract which may hereafter be recorded in said office for animals on shares, or other contracts regarding the possession, or control of any animals in the county, in which any such animals may be bought, contracted for, or received, shall be considered a notice and knowledge of all persons of the ownership of such animals, and on trial of any one for the violation of this act, or any part thereof such recorded contract, or a certified copy thereof, shall be sufficient evidence to prove the notice and knowledge of ownership aforesaid. Sec. 4. This act shall take effect and be in force thirty days after its passage. CHAPTER 39. AN ACT TO AMEND AN ACT OF THE 36TH LEGISLATIVE ASSEMBLY OF THE TERRITORY OF NEW MEXICO, ENTITLED "AN ACT TO ESTABLISH AN INSURANCE DEPARTMENT IN THE TERRITORY OF NEW MEXICO AND TO REGULATE INSURANCE COMPANIES DOING BUSINESS THEREIN" BEING HOUSE BILL NO. 73 APPROVED FEBRUARY 9, 1905. H. B. No. 150; Approved March 8, 1905. CONTENTS. Sec. 1. Section 18, Chapter 5, Laws of 1905, fixing the time of rendering reports to superintendent of insurance, amended. Time changed from February to March. Sec. 2. Section 25, Chapter 5, Laws of 1905, regarding the exemptions of fraternal, religious and benevolent associations, amended. Sec. 3. Section 31, Chapter 5, Laws of 1905, regarding the applicability of act to con. tracts and policies already in force, amended. Premiums hereafter collected. subject to the 2 per cent. tax provided in Section 11, Chapter 5, Laws of 1905. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 18 of an act entitled "An Act to establish an insurance department in the Territory of New Mexico and to regulate insurance companies doing business therein," being House Bill No. 73, of the Legislative Assembly of the Territory of New Mexico, approved February 9, 1905, be and it is hereby amended by striking out the word "February" in the second line thereof and inserting in lieu thereof the word "March." Sec. 2. That Section 25 of said Act be and it is hereby amended by striking out the word "not" in the second line thereof. Sec. 3. That Section 31 of said Act be and it is hereby amended so as to read as follows: "Nothing in this Act contained shall affect the validity of policies of insurance companies issued and in force prior to the passage of this act, or the payment or collection of premiums thereon except that all premiums hereafter collected or received on policies theretofore written shall be subject to the two per cent. tax provided in Section 11 of this Act to the same extent as premiums on policies hereafter written." Sec. 4. its passage. This act shall be in full force and effect from and after CHAPTER 40. AN ACT RELATING TO REGISTRATION BOARDS. Approved March 8, 1905. CONTENTS. H. B. No. 22; Sec. 1. Section 1711, Chapter 2, Compiled Laws of 1897, fixing the compensation of registration boards, amended, Compensation of registration boards in precincts casting over one hundred votes. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 1711 of Chapter 2, under title of election, of the Compiled Laws of 1897 of the Territory of New Mexico, be amended, that said Section 1711 shall read as follows: "In such precincts wherein the vote in the last previous general election did not exceed one hundred votes, each member of the board of registration of such precinct, shall be entitled to a recompense of three dollars for the service in said registration. In such precincts wherein the votes cast in the last previous general election exceed the number of one hundred votes each member of the board of registration in such precincts shall be entitled to a recompense of five dollars for the services rendered in said registration." Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in force from and after its passage. CHAPTER 41. AN ACT TO AMEND SECTION 1, OF CHAPTER 16, OF THE SESSION LAWS OF 1897. H. B. No. 104; Approved March 8, 1905. CONTENTS. Sec. 1. Section 1. Chapter 16, Laws of 1897, relating to the tampering with locomotive attachments, amended. Proviso, abettor considered principal. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That Section 1 of Chapter 16 of the Session Laws of 1897, be and the same hereby is amended so as to read as follows: "Section 1. That any person or persons who shall unlawfully and without authority remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses or any of the parts or attachments of any locomotive, tender or car, or any fixture or attachment, belonging thereto, connected with. and used in operating any locomotive, tender or car, owned, leased or used by any railroad, railway or transportation company in this territory, shall be deemed guilty of a felony and upon conviction thereof before any court or competent tribunal, shall be subject to imprisonment in the territorial penitentiary for not less than one year nor more than five years: Provided, That if the malicious and unlawful removal of any such journal bearings or brasses, fixtures or attachments, or the unlawful and malicious change thereof or interference therewith, shall be the cause of wrecking or derailing any locomotive, car or cars, shall result in injuring or death of any employe, passenger or other person, such person or persons guilty of removal, change, alteration, or interference with such journal bearings, or brasses, or other parts of attachments of any such locomotive, tender or car, or any fixture or attachment belonging thereto, connected with or used in operating such locomotive, tender or car, 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 murder. And any and all persons who shall combine, conspire or contrive to perpetrate, or shall counsel, aid 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. 2. This act shall take effect and be in force from and after its passage. CHAPTER 42. AN ACT RELATING TO THE SHEEP SANITARY BOARD. H. B. No. 110; Approved March 8, 1905. CONTENTS. Sec. 1. Trailing across county lines sheep with scabies, prohibited. Exception. Sec. 4. Sec. 5. Sheep sanitary board to be notified of location of public buck herd. Be it enacted by the Legislative Assembly of the Territory of New Section 1. No person, firm or corporation shall trail or cause to be trailed across any county line in the Territory of New Mexico any sheep that are affected with scabies except by a permit signed by an inspector, secretary or member of the territorial sheep sanitary board. Sec. 2. No person, firm or corporation shall trail or cause to be trailed any sheep out of, or from any Indian reservation within or bordering in New Mexico without first having obtained a bill of health from an inspector of the sheep sanitary board or an inspector of the bureau of animal industry of the United States. Sec. 3. It shall be the duty of any person, firm or corporation owning or having under its control any sheep which have become |