Sec. 9. For the purposes of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the notice, and its actual value at that date, shall be the measure of compensation of all property to be actually taken, and also the basis of damages to property not actually taken but injuriously affected, and in all cases where such damages are legally recoverable. If an order be made letting the plaintiff into possession as provided in this act, the compensation and damages awarded shall draw lawful interest from the date of such order. No improvements put upon the property, subsequent to the date of the service of notice or put thereon after the actual taking of the land, shall be included in the assessment of compensation or damages.

Sec. 10. No telephone or telegraph company shall, by virtue of this article, be authorized to enter or appropriate any dwelling, barn, store, warehouse, or similar building, erected for any commercial, agricultural or manufacturing purposes, or to erect poles so near thereto as materially to inconvenience the owner in their use or to occasion injury thereto.

Sec. 11. In case property is to be, will be, or has been by any corporation damaged for public use, any person interested may have such damages ascertained. The proceedings for ascertaining and paying such damages shall be the same as are and may be provided by law for assessing damages which owners of land may sustain in consequence of its appropriation for railroad purposes.

Sec. 12. In case the lands sought to be appropriated are held by any corporation, the right to appropriate the same by a railroad, telephone or telegraph company shall be limited to such use as shall not materially interfere with the uses to which, by law, the corporation holding the same is authorized to use the same. Where no agreement can be made between the parties, the mode of assessing the damages provided heretofore, as to private persons, shall be adopted; and if the lands to be appropriated lie in more than one county, an application may be made in any one county in which any of the lands lie, and the damages shall be assessed as to all the lands of the defendant corporation along the whole line in one proceeding.

Sec. 13. The court shall have power:

1. To regulate and determine the place and manner of making connections and crossings, or of enjoying the common use mentioned in the foregoing section;

2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor;

3. To determine the respective rights of different parties seeking condemnation of the same property.

Sec. 14. In case lands sought to be appropriated by any railroad company in this territory for depot purposes belong to private persons, and such company and the owner cannot agree upon the compensation to be paid, or in case the owner is incapable of contracting, unknown or non-resident of the territory, such company may have such lands condemned in the manner that is provided in this article for assessing damages which the owners of lands may severally sustain in consequence of the erection, establishment and maintenance of railroads over such lands.

Sec. 15. In addition to the purposes hereinbefore specifically mentioned for which property may be condemned under the provisions of this act, it may also be condemned for public buildings and grounds for the use of the territory, public buildings and grounds for the use of any county, incorporated city or city and county, village, town or school district; and for canals, aqueducts, reservoirs, tunnels, flumes, ditches or pipes for conducting or storing water for the use of the inhabitants of any county, incorporated city, city and county, village or town, or for draining any county, incorporated city or city and county, village or town; raising the banks of streams, removing obstructions therefrom, roads, streets and alleys; public parks, and all other public uses for the benefit of any county, incorporated city or city and county, village or town, or the inhabitants thereof, which may be authorized by law; also for ferries, bridges, public roads, electric and horse railroads, or other roads for other vehicles for public use, for canals, ditches, flumes, aqueducts and pipes, for irrigation. Also for electric lines to conduct electricity for power, heat and lighting purposes.

Sec. 16. If the title attempted to be acquired is found to be defective from any cause the plaintiff may institute proceedings to acquire the same, as in this title prescribed.

Sec. 17. Payment may be made upon assessments under this act to the defendants entitled thereto, or the money may be deposited in the court for the defendants, as hereinbefore provided, to be distributed to those entitled thereto. If the money be not so paid or deposited the defendants may have execution as in civil cases, and if the money cannot be made upon execution, the court upon a showing, to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendant, if possession has been taken by the plaintiff.

Sec. 18. At any time after the report of the commissioners and

approval of the same, and pending any appeal to the district court, and the plaintiff shall have paid into the court for the defendants the full amount of the appraised value of said property, if already in possession, may continue therein, and if not, then the plaintiff may take possession of and use the property during the pendency of and until the final conclusion of the litigation, and if necessary, all actions and proceedings against the plaintiff on account thereof may be staid, and for the purpose of enforcing the provisions of this section, the court is hereby authorized and empowered to make all orders which it may deem necessary to protect the interests of all parties in said litigation, requiring bond or other indemnity or security. And in all cases where it is necessary to secure service upon the defendants, or any of them by publication, the court may, upon the plaintiff giving bond at the time the petition is presented in such sum as the court may fix, make an order authorizing the plaintiff to at once enter into the possession of the property.

In all cases where land is authorized to be taken for. public uses under the provisions of this act, any body-corporate or county or corporation authorized to exercise the right of eminent domain under the provisions of this act, may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause of action in favor of the owner of the land, except for actual damage to crops or other property or for injuries resulting from negligence, wantonness or malice, or by any reason whatsoever caused on account of such entry so made.

Sec. 19. Whenever any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of this act, such condemnation proceedings may be conducted by making the unknown owners and also the person to whom said grant was confirmed parties defendant, designating and describing them as they were designated and described in the act or decree of confirmation, and designating the heirs and successors of the said confirmees "as heirs and successors in title of said confirmees," and giving the name of such grant. And the commissioners appointed to appraise the portions of said tracts to be taken shall report specially, describing the same, all parts of said grant so proposed to be taken, found by them to be in exclusive possession of any person or persons, corporation or corporations, whether held as the result of partition proceedings or adverse possession, together with the value of such portions of said grant, and the improvements thereon af

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 corpora- tions authorized to exercise the right of eminent domain.

Sec. 20. All corporations, lawfully doing business in the Territory 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. Animais 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 New 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