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ing and managing public lands and funds," approved March 16, 1899, as amended by section 12 of an act, entitled an act to amend an act, entitled "An Act establishing a board of public lands assigning their duties and for leasing and managing public lands and funds," approved March 20, 1901, be and the same is hereby amended to read as follows: "Section 30. That whenever any school section, that is, section 16 and 36, or any other portion of the public domain which may be selected or segregated for the purposes of this act, is occupied by any person or persons, such person or persons having made improvements thereon, such person or persons shall have the preference right, to lease such section or part thereof, so occupied and improved, and if any such person or persons is, or are an ex-soldier of the civil war, his widow, heir or heirs, and may heretofore have cultivated, or improved said lands, such ex-soldier, his widow, heir or heirs, shall have the preference right to lease such sections, or the whole, or any part of which he, she or they may have cultivated and improved, whether such ex-soldier, his widow, heir or heirs, shall have actually lived upon said land or not. And when the same may be sold or offered for sale, such person or persons shall have the preference right of purchase hereof: Provided, A claim for such right shall be filed with the commissioner of public lands within 30 days of the approval by the secretary of the interior of the selection of the said lard, or within ninety days after the approval of this act, in case of school section: And Provided, Further. Whenever any school section or any part thereof, or any portion of the public domain which may be selected and segregated for the purpose of this act, and which may be occupied or used as a cemetery or burial ground by any person or persons, or community, shall have the preference right to purchase the same at one dollar and twenty-five cents per acre, and said section or parts thereof so used, shall not be leased under the provisions of this act, except for cemetery purposes for the person or community occupying the same for such purpose.

Sec. 2. This act shall take effect and be in force from and after its passage.

CHAPTER 91.

AN ACT TO PREVENT INJURY TO DITCHES, PIPE LINES, RESERVOIRS AND THE TAKING OF AND BEFOULING OF WATERS

THEREFROM.

C. B. No. 95; Approved March 16, 1905.

CONTENTS.

Sec. 1. Wilfull and malicious injury of ditches and reservoirs, a misdemeanor. Penalty.

Sec. 2. Contamination of water in reservoirs, a misdemeanor. Penalty.

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

Section 1. Any person who shall wilfully and maliciously cut, break or injure, or who shall by shooting or by damming or obstructing the same cause to break, any ditch, flume, pipe line, or reservoir, or any of the attachments or fixtures used in connection therewith, shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars and more than fifty dollars, or by confinement in the county jail for not more than sixty days, or by both such fine and imprisonment in the discretion of the court trying the case, except in cases where such pipe line or reservoir is used for the purpose of supplying water to any community, village, town or city for domestic purposes, in which event the person committing such offense shall be punished by a fine not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty, nor more than sixty days, or by both such fine and imprisonment in the discretion of the court trying the

case.

Sec. 2. Any person who shall bathe in, or wilfully cast any filth in any reservoir used for supplying water for domestic use, shall be guilty of a misdemeanor and upon conviction shall be fined not less than ten, or not more than twenty-five dollars.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect from and after its passage.

CHAPTER 92.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AUTHORIZE THE FORMATION OF COMPANIES FOR THE PURPOSE OF CONSTRUCTING IRRIGATING AND OTHER CANALS AND THE COLONIZATION AND IMPROVEMENT OF LANDS." C. B. No. 107; Approved March 16, 1905.

CONTENTS.

Sec. 1. Section 481. Compiled Laws of 1837, regarding the dissolution of corporations, amended. Dissolution of irrigation corporations.

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

Section 1. That section 14 of an act of the Legislative Assembly of the Territory of New Mexico, approved February 24, 1887, entitled "An Act to authorize the formation of companies for the purpose of constructing irrigating and other canals and the colonization and improvement of lands," and compiled as Section 481 of the Compiled Laws of 1897, be and the same hereby is amended so as to read as follows:

"Any corporation formed under this act or formed under any general law of this territory, the principal business of which has been the construction and maintenance of dams, reservoirs, ditches and canals, and the distribution of water therethrough for public use, may be disincorporated by a two-thirds vote of all the stockholders, and when such vote shall have been taken, notice thereof shall be given as required by section 9 of this act in relation to assessment on subscription for stock, which notice shall state when and at what place application will be made to the district court or the judge thereof to have such corporation judicially declared dissolved, and at such time and place or at such other time and place to which said matter may be adjourned by the court or judge, such court or judge may hear evidence touching the matter, and if satisfied that all debts and liabilities of such corporation have been paid or that the same can be paid, settled, satisfied or compromised by the sale of the tangible assets of such corporation, and that the requisite vote in favor of dissolution has been duly given, such court or judge shall enter an order declaring the corporation dissolved, and thereafter the directors or trustees of such corporation shall sell and dispose of the tangible property thereof, or such portion of the same as may be necessary to liquidate the indebtedness of the com

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."

CHAPTER 93.

AN ACT TO AMEND SEC. 2582 OF THE COMPILED LAWS OF 1897, THE SAME IN REGARD TO SOLICITOR GENERAL AND DIS

TRICT ATTORNEYS.
1905.

C. B. No. 117; Approved March 16,

CONTENTS.

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 it 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.

CHAPTER 94.

AN ACT PROVIDING FOR THE ARREST OF PERSONS WHO MAY
VIOLATE THE PROVISIONS OF SECTIONS 1133 AND 1134 OF
THE COMPILED LAWS OF 1897. C. B. No. 134; Approved
March 16; 1905.

CONTENTS.

Sec. 1. Arrest of persons violating sections 1133 and 1134, 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.

passage.

This act shall be in force and effect from and after its

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