| LIVE STOCK LAWS
TERRITORY OF NEW MEXICO
QUARANTINE
REGULATIONS |
CLARO UM CAN LMI AN lk Cl tll Yb tAL hal Bal ba Ya i oY tal lal lV
INSTRUCTIONS
TO
INSPECTORS
Compiled i Issued by the
‘CATTLE SANITARY BOARD
OF NEW-.MEXICO
August Ist, 1905.
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LIVE STOCK LAWS
OF THE
Territory of New Mexico ¢2)
RELATING TO
Cattle, Horses, Mules, and Asses
Umted States Regulations Governing Dipping and Handling
of Cattle Affected With Scabies or Mange; Together
With Rules and Other Regulations Governing
the Importing Into the Territory of New
Mexico of Catile, .Horses
and Mules.
List of Inspectors and Their Districts, with Rules for Govern-
ment of Inspectors in the Performance of Their Duties.
Compiled and Issued by Authority of Cattle Sanitary Board of
New Mexico, August 1, 1905.
WILL C. BARNES, SECRETARY
Las Vegas, New Mexico
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LIST OF INSPECTORS AND THEIR STATIONS.
District No. 1.
WALTHER O’BRIEN—Raton to Albuquerque, Santa Fe branch. . Sania
Fe Central to Moriarty, Dawson branch, French to Dawson.
P. O. Las Vegas.
District No. 2.
T. A. GRAY—Union County, Colo. & So. Ry., Texline to Trinchera.
P. O. Clayton.
District No. 3.
M. McQUAID—R. I. from Pastura to state line. Dawson branch to
Roy. P. O. Tucumeari.
District No. 4.
J. V. LATHAM—Pastura south on R. I. to El Paso. Santa Fe Central
to Hstancia. P. O. Alamogordo.
District No. 5.
Cc. L. BALLARD—Chaves and Eddy Counties, Pecos Valley road,
Kenna south to Pecos. P. O. Roswell.
District No. 6.
LAWRENCE WELCH—San Juan County. P. O. Bloomfield.
District No. 7. :
DON JOHNSON—Luna and Grant Counties, El Paso & S. W. R. R.,
S. Pac. R. R., Santa Ee to Rincon, Silver City branch. P. O.
Deming.
District No. 8.
T. H. TUCKER—Santa Fe R. R., Belen to El Paso, Magdalena branch.
P. O. Socorro.
District No. 9.
D. MARTINEZ—Taos. Hide Inspector.
District No. 10.
VAN CASHY—Santa Fe Pacific R. R. west of Albuquerque, Zuni
Mountain Ry., Valencia and McKinley Counties. P. O. Gallup.
District No. 11.
WADH BRACKETT—Vermejo, Catskill and vicinity for herds crossing
into Colorado. P. O. Catskill.
District No. 12.
VACANCY—Espanola and vicinity. P. O. Espanola.
District No. 13.
J. P. STONE—Portales, Pecos Valley road, Elida north. P. O. Portales.
District No. 14.
J. W. HILER—Hillsboro. Hide Inspector. P. O. Hillsboro.
District No. 15.
Cc. P. LEMONS—Nogal, Lincoln County and Indian Agency. Hide and
Special Inspector. P. O. Nogal.
District No. 16.
GEO. HUTH—Chama. Hide Inspector.
District No. 17.
LEVI TABOR—Folsom. Hide Inspector.
District No. 18.
G. T. MURRAY—Special Inspector for herds crossing Arizona line.
P. O. Springerville, Ariz.
District No. 19.
TOM MOORE—Hide Inspector Silver City and vicinity. P. O. Santa
Rita.
District No. 20.
BAILEY HERRING—Hide and Special Inspector, Lordsburg and
vicinity for herds crossing into Arizona. P. O. Lordsburg.
District No. 21.
VACANCY—Endee and vicinity.
District No. 22.
WM. W. MARTIN—Cuchillo. Hide and Special Inspector, Palomas,
Fairview, Monticello and Cuchillo.
District No. 23.
WM. P. SANDERS—Hide Inspector, Magdalena and vicinity. P. O.
Magdalena.
District No. 24.
VACANCY—
District No. 25.
CON DENNIS—Belen. New Santa Fe Cut-off, Belen to R. I. Crossing.
District No. 26.
G. W. KUTZ—Lumberton. Hide Inspector.
District No. 27.
JAMES N. ISAACKS—lLas Cruces. Hide Inspector and Cattle Inspec-
tor for trail herds crossing line along Texas border.
District No. 28.
ED. JOHNSON—New Santa Fe Cut-off from Texico to Epris. P. O.
Texico.
District No. 29.
ED. M. TYSON—Bronco, Texas. Line Rider, Texas border, Salt Lakes
to southern line of Territory.
District No. 30.
JOE EH. NAPIER—Texline. Line Rider, Texas border, Colorado line
south to Canadian River. :
~NEW AND IMPORTANT
MANGE REGULATIONS
The following regulations now in force in this Territory by
the Federal authorities are published for the information of all
concerned.
These regulations will of course be enforced oy this Board
as well as the Federal authorities.
Attention is also called’to the fact that the order of April 1st
allows the use of several other dips besides the single one of
lime and sulphur, as heretofore. 3
INSTRUCTIONS TO INSPECTORS OF THE CATTLE SANITARY
BOARD OF NEW MEXICO.
To All Inspectors:
Until further orders each regular inspector of this Board, in
addition to his other duties, is, under Section 4, Chapter 31,
Acts of the 36th Legislative Assembly, hereby instructed to
notify this Board of any outbreak or discovery of the existence
of the disease known as mange or scabies in cattle.
Should any herd of cattle offered either for shipment or to be
driven out of the Territory, be found infected with mange and
refused permission to be moved by the Federal inspector, our
inspectors must at once notify the owner or person in charge
of said herd that they are under quarantine and must not he
moved from the corral or yards wherein they are held, except
for the purpose of dipping, and not moved even then unless an
inspector or member of this Board or some duly authorized
agent of the Board or a Federal inspector is present and auth-
orizes the movement. And the corral or yards in which such
6 CATTLE SANITARY BOARD.
infected cattle have been held shall also be closed and declared
infected until properly cleaned and disinfected under the super-
vision of either this Board or a Federal inspector.
Published by authority of the Cattle Sanitary Board of New
Mexico.
E. Gopwin Austen, President.
Witt C. Barnes, Secretary.
Las Vegas, June Ist, 1905.
United States Department of Agriculture,
Bureau of Animal Industry.
RULE 2.—TO PREVENT THE SPREAD OF SCABIES IN CATTLE.
Effective on and after June 1, 1905.
Unitrep STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY.
‘The fact has been determined by the Secretary of Agricul-
ture, “and notice is hereby given, that a contagious, communic-
able disease known as scabies exists among cattle in the follow-
ing named States and Territories, to-wit:.
Washington, Oregon, Montana, North Dakota, South Da-
kota, Nebraska, Kansas, Colorado, Wyoming, Texas, New
Mexico and Oklahoma.
Now, therefore, I, James Wilson, Secretary of Agriculture,
under authority conferred by Section 1 of the Act of Congress
approved March 3, 1905 (Public No. 229), do hereby quaran-
tine the following area, to-wit:
All territory situate within the boundaries of Washington,
Oregon, Montana, North Dakota, South Dakota, Nebraska,
Kansas, Colorado, Wyoming, Texas, New Mexico and Okla- |
homa.
It is ordered by this Rule, under the authority and discretion
conferred upon the Secretary of Agriculture by Section 3 of
the Act of Congress approved March 3, 1905 (Public No.
229), that catle shall be moved from the area wherein quaran-
TERRITORY OF NEW MEXICO. i
tined to any point not located in the said quarantined area only
in accordance with the regulations of the Secretary of Agri-
culture, promulgated May 1, 1905, and effective June 1, 1905.
This Rule is subject to amendment on statutory notice.
B. A. I. Order No. 106, dated March 10, 1902, and B. A. I.
Order No. 123, dated March 18, 1904, shall cease to be effect-
ive on and after June I, 1905, on and after which date this
Rule shall become and be effective until otherwise ordered.
Done at Washington this first day of May, 1905.
(SEAL) Witness my hand and the seal of the De-
partment of Agriculture.
JAmMeEs WILSON,
secretary of Agriculture.
REGULATIONS TO PREVENT THE SPREAD OF SCABIES IN
CATTLE.
Regulation 19. No cattle which are diseased with scabies
shall be shipped or trailed from one State or Territory into
another State or Territory or the District of Columbia, except
as hereinafter provided; and no cattle shall be trailed, shipped,
otherwise removed, or allowed to drift from a State or Terri-
tory or portion thereof quarantined for the disease of scabies
in cattle into another State or Territory or the District of Col-
umbia, except as hereinafter provided, unless the cattle have
been inspected by an inspector of the Bureau of Animal Indus-
try, found free of the disease, and are accompanied by a certi-
ficate from the said inspector.
Regulation 20. In States or Territories or portions thereof
quarantined by the Secretary of Agriculture for scabies in cat-
tle, where satisfactory dipping is practiced, those cattle which
upon inspection by an inspector of the Bureau of Animal In-
dustry at the time of shipment are found to be free from symp-
toms of scabies shall be given a certificate and allowed to move
to points outside the quarantined area subject only to such re-
strictions as may be imposed by State or Territorial officers at
points of unloading and destination; but if a herd or consign-
ment be offered for inspection and a portion thereof is found to
be diseased with scabies, the diseased cattle shall be dipped
twice in either the lime-and-sulphur or the tobacco-and-sulphur
dip or once in Beaumont crude petroleum, in the manner here-
8 CATTLE SANITARY BOARD.
inafter provided, and that portion of the herd or consignment
not visibly diseased shall be dipped once before shipment.
Regulation 21. Cattle not visibly diseased with scabies may
be shipped without inspection from points in the quarantined
area where the service of an inspector is not readily procurabie
to any recognized slaughtering center for immediate slaughter.
When so shipped the cattle shall not be diverted en route, and
shall be either slaughtered within two weeks after arrival at
destination or shall be submitted for inspection. The further
handling of the cattle shall be subject to the result of this in-
spection. | When cattle are shipped without inspection, under
the terms of this regulation, the officers of the transportation
company shall affix to both sides of each car a durable, conspic-
uous, printed placard not less than 54 inches by 8 inches in size,
the letters on which shall be boldface and not less than 14 inches
in height. These placards shall bear the words “UNINSPECTED
CATTLE” and shall not be removed until the cattle have arrived
at destination and the inspector has tmdicated the disposition
io be made of the cars.
Regulation 22. Cattle that are diseased with scabies and
which have been dipped once in either the lime-and-sulphur
or the tobacco-and-sulphur dip in the manner hereinafter pro-
vided, under the supervision of an inspector of the Bureau of
Animal Industry, within ten days of date of shipment, may be
shipped for immediate slaughter to a recognized slaughtering
center, and when so shipped the said cattle shall not be diverted
en route and shall be slaughtered within two weeks after arrival
at destination. If cattle diseased with scabies are to be shippeil
for stockers or feeders, they shall be dipped twice in either the
lime-and-sulphur or the tobacco-and-sulphur dip ten days apart
or once in Beaumont crude petroleum, under supervision, and
shall be submitted to inspection before shipment. However,
diseased cattle may be dipped once in either the lime-and-sul-
phur or the tobacco-and-sulphur dip under the supervision of an
inspector of the Bureau of Animal Industry at the point of
origin and shipped for stocking or feeding purposes if arrange-
ments have been made for the second dipping en route or at
destination at the required time after the first dipping at a poirit
where there is an inspector stationed, and under his supervision.
Regulation 23. Healthy cattle in a State or Territory not
quarantined by the Secretary of Agriculture for scabies in cat-
tle may be shipped in clean cars without inspection into ary
other State or Territory for slaughter or for stockers or feeders,
TERRITORY OF NEW MEXICO. 9
but if the said cattle be unloaded en route or at destination and
are placed in infected premises, they shall be treated as exposed
cattle, and shall not be forwarded to destination for purposes
other than for immediate slaughter, until they shall have been
dipped once in any dip herein approved under the supervision
of an inspector of the Bureau of Animal Industry.
Regulation 24. When diseased cattle have been dipped once
in either the lime-and-sulphur or the tobacco-and-sulphur dip
and are shipped in accordance with Regulation 22, the officers
of the transportation company shall affix to both sides of each
car a durabie, conspicuous, printed placard, not less than 53
by 8 inches in size, the letters on which shall be boldface, and
not less than 14 inches in height. -These placards shall bear
the words “DIPPED SCABBY CATTLE,” and shall not be removed
until the cattle have arrived at destination or point of second
dipping, have been unloaded, and the cars have been disinfected.
Regulation 25. ‘The dips now approved by the Department
are the lime-and-sulphur dip, the tobacco-and-sulphur dip, and
Beaumont crude petroleum. The lime-and-sulphur dip :
made in the proportion of 12 pounds of unslaked lime and 2
pounds of flowers of sulphur to 100 gallons of water. Weigh
both the lime and sulphur. Place the unslaked lime in a mor-
tar box or some suitable vessel and add enough water to slake
the lime and form a lime paste or lime putty. Sift into this
paste the flowers of sulphur, and stir the mixture well. To
make 100 gallons of dip, place the sulphur-and-lime paste in a
kettle or boiler with about 30 gallons of boiling water and boil
the mixture for two hours at least, stirring the liquid and sedi-
ment; add enough water when necessary to maintain the quan-
tity. Draw the mixture and sediment into a large tub or
barrel placed near the dipping vat and provided with a bunghole
about 4 inches from the bottom, and allow ample time to settie
—from two or three hours or more, if necessary. When fully
settled, draw off the clear liquid into the dipping vat and add
enough warm water to make 100 gallons. The same direc-
tons apply to larger quantities of dip, proportionate amounts
of ingredients being used.
The tobacco-and-sulphur dip is made with sufficient extract
of tobacco or nicotine solution to give a mixture containing
not less than five one-hundredths of 1 per cent of nicotine and
2 per cent flowers of sulphur.
When Beaumont crude petroleum is used as a dip for cattle
diseased with or exposed to scabies, one dipping only is neces-
10 CATTLE SANITARY BOARD.
sary in any case, and the cattle shall be submerged but once and
shall not be held in the dip.
The dipping shall be done thoroughly. When either the
lime-and-sulphur or the tobacco-and-sulphur dip is used, the
cattle shall be held in the dip two minutes unless the diseased
cattle shall have been hand-dressed previously. The cattle
shall be completely submerged twice. The dip shall be main-
tained as nearly as possible at a temperature of 105 degrees
F. while the cattle are in it. It shall be renewed as soon as it
becomes filthy, regardless of the number of cattle that have been
dipped in it, and in no case shall it be used when more than
one week old. In emptying the dipping vat the entire contents
shall be removed, including all sediment and droppings or other
foreign matter. The Department assumes no responsibility
for loss or damage resulting from the dipping.
Regulation 26. Cattle shipped under a certificate from «n
inspector of the Bureau of Animal Industry are not guaranteed
uninterrupted transit; for, in the event of the development of
scabies or exposure to the disease en route, the cattle shall then
be handled as diseased or exposed cattle and shall be. dipped
as hereinbefore provided, and the cars or other vehicles and the
chutes, alleys and pens which have been occupied by them shall
be cleaned and disinfected.
Regulation 27. Public stock yards shall be considered in-
fected and the cattle yarded therein as having been exposed t
the disease, and no cattle shall be removed from said public
stock yards, except for immediate slaughter, without dipping.
Where, however, a part or all of the stock yards is reserved and
set apart for the reception of uninfected shipments of cattle and
is kept free of disease, cattle may be shipped from the said in-
fected yards or portions thereof without dipping. If diseased
cattle are introduced into said uninfected yards or portions
thereof, they shall be immediately removed therefrom and the
chutes, alleys and pens used by them thoroughly cleaned and
disinfected. | No cattle shall be forwarded for feeding or stock-
ine purposes from any stock yards where an inspector of the
Bureau of Animal Industry is stationed without a certificate
of inspection or of dipping issued by the said inspector.
Regulation 28. Cars and other vehicles, yards, pens, sheds,
chutes, etc., which have contained diseased cattle shall be
cleaned and disinfected immediately after the cattle are removed
therefrom, in the following manner: Remove all the litter
and manuré and then saturate the interior surfaces of the cars
TERRITORY OF NEW MEXICO. 11
and woodwork, flooring, and ground of the chutes, alleys and
pens with a 5 per cent. solution of 100 per cent. carbolic acid in
water, with sufficient lime to show where it has been applied.
United States Department of Agriculture,
Bureau of Animal Industry.
Local Office.
ALBUQUERQUE, N. M., April Ist, 1905.
List of dips approved by the Bureau of Animal Industry, and
instructions for preparing same.
NICOTINE DIPS AND TOBACCO EXTRACTS.
Crown Nicotine Solution, mfd. by Tob. & W. Trading Ca.,
Louisville, Ky.
To-Bak-Ine Nicotine Solution, mfd. by Detroit Nicotine Co.,
~ Detroit, Mich.
Derby Nicotine Solution, mfd. by Atlantic Refining Co.,
Cleveland, Ohio.
Scab Cura.
Laidlaw & McKill’s Tobacco Extract, mfd. Richmond, Va.
Laidlaw & McKill’s Tobacco Powder (Thistle Brand) 4 per
cent. nicotine.
Henderson’s Tobacco Extract, mfd. Henderson, Ky.
Black Leaf, mfd. by Ky. Tob. Product Co., Louisville, Ky.
Burch’s Tobacco Extract, mfd. Chicago, III.
Nicotine or Tobacco dips must not be boiled. Heat only to
the temperature of dipping, 100 degrees to 105 degrees Fahren-
heit. All Nicotine and Tobacco Extracts, when diluted, must
contain five one-hundredths of one per cent. nicotine. A label
guaranteeing this should be on each package. Add 16 Ibs.
Flowers of Sulphur to each 100 gals, of diluted dip.
In preparing Nicotine or Tob. Extract dips, for each 1co
gals. place 16 lbs. Flowers of Sulphur in tub; add enough hot
(not boiling) water to make a putty-like paste. Stir thor-
oughly to break up all lumps. Then add enough Nicotine So-
lution or Tob. Extract to make 100 gallons, according to label
on package. Again stir thoroughly and put in vat. Multiply
ingredients to make any desired quantity of dip. Keep vat
well stirred, top to bottom and end to end, at temperature of Ica
degrees to 105 degrees.
LIME AND SULPHUR.
Rex Lime and Sulphur Dip, mfd. by Rex Stock Food Co.,
Omaha, Nebr.
12 CATTLE SANITARY BOARD.
Richard’s Lime and Sulphur Dip, mfd. Crawford, Nebr.
Tillotson’s Lime and Sulphur Dip, mfd. Mitchell, Nebr.
Above dips already prepared. Dilute according to direc-
tions on package and heat to a temperature of 100 degrees to
105 degrees. Keep vat stirred.
To prepare Lime and Sulphur dip for sheep, use 8 Ibs. fresh
unslaked lime and 24 lbs. Flowers of Sulphur for each 100 gal-
lons of dip.
Thoroughly slake the lime, then add the sulphur. Place the
mixture in boiling tank and boil between two and three hours,
keeping mixture well stirred. Use only sufficient water to
boil without burning. | When finished, add enough water to re-
place that lost in boiling and allow to cool and settle. Use only
the clear liquid, being careful to allow no sediment to get into
the dipping vat.
To prepare Lime and Sulphur dip for cattle, use 12 lbs. fresh
unslaked lime and 24 lbs. Flowers of Sulphur for each 100 gal-
lons of dip, and prepare as indicated above.
The owner can choose any one of the above dips. No dts-
crimination shall be made by Federal employes. All stock
should be held in the dipping vat two minutes.
Louis MeEtskeEr, Inspector in Charge.
TERRITORY OF NEW MEXICO. 13
Importation of Cattle into the Territory of New Mexico
Adopted July 13th, 1905.
The following rules and regulations will govern the move-
ment of all cattle, horses and mules destined for points within
the Territory of New Mexico, whether transported by rail or
on foot:
QUARANTINE RULES AND REGULATIONS.
1. rom and after this date it shall be unlawful for cattle,
horses and mules of any class to be transported by rail, shipped,
driven or moved in any manner whatever into the Territory
of New Mexico from any state or territory or country except
upon the written permission of the Secretary of the Cattle San-
itary Board who will be governed by the following rules in is-
suing permits.
2. Transportation companies should see that health certifi-
cates according to Rules 3, 4, 5, 6, 7 and 8 are attached to way-
bills of shipments of live stock destined to points in New
Mexico.
' Transportation companies, before entering the Territory with
live stock, must inform the Secretary of the Cattle Sanitary
Board at Las Vegas, stating:
(a) Name of consignor and point of origin of shipment;
(b) Name of consignee and destination of shipment;
(c) Whether or not shipment is accompanied by a certifi-
cate of health, and if so, by whom signed, and receive written
authority for the admission of same.
3. All persons desirous of shipping or driving live stock
of any class into the Territory of New Mexico should secure
at point of origin a certificate of health for the same from a
Government, State or County Veterinarian, according to re-
quirements of following rules, declaring the said animals to be
free from all contagious and infectious diseases, including
Scabies in Cattle and Glandus in Horses and Mules, and in the
case of cattle, that each and every animal in said shipment pr
herd has been dipped for mange according to government re-
quirements not more than 10 days before the date upon which
they will enter the Territory of New Mexico. A_ copy.
of said health certificate should be sent to the Secretary at Las
Vegas, as early as possible, and a copy should always be at-
tached to the way-bill accompanying the shipment. (Dupli-
cate blanks for certificates will be furnished on application. )
4. Cattle offered from said districts not accompanied by
such certificate will be inspected by the Territorial Veterinarian
14 CATTLE SANITARY BOARD.
or some duly authorized person at point of entry to the terri-
tory, and treated or quarantined, as the exigencies of the case
require, until free from infection. The expenses and salary of
the Veterinarian to inspect such stock must be paid by the
owner of the same.
5. A regular certificate of health for shipments of dairy
cattle in addition to the dipping certificate required by Par. 4
is, all that is required for admission, but a certificate stat-
ing that they have passed the tuberculin test is preferred, and
the Board reserves the right to test such shipments when not
accompanied by the tuberculin test certificate, at owner’s ex-
pense, on arrival at destination.
6. All importations of live stock from the Republic of Mex-
ico, shipped or driven directly into New Mexico, will be ad-
mitted on certificate of United States Government Veterinarian,
except cattle entering at points where Splenetic fever has been
reported recently. At such points the Board reserves the right
to inspect and place in temporary quarantine, if necessary, im-
portations of cattle destined to points in New Mexico.
7. When application is made for the admission of live stock
into the Territory, not accompanied by proper health certifi-
cate, the Territorial Veterinarian may inspect said stock at
point of entry into the Territory before issuing such permit,
and the owner of said stock shall pay the Territorial Veterinar-
ian his legal mileage and salary to make such inspection.
8. Stock may be shipped through New Mexico when not
unloaded, whether accompanied by a certificate of health or not,
but if unloaded in the Territory, the Board reserves the right
to designate what corrals shall be used for stock not accom-
panied by health certificate.
CATTLE ORIGINATING SOUTH OF THE UNITED STATES QUAR-
ANTINE LINE.
9g. The Cattle Sanitary Board adopts the regulations made
by the U. S. Department of Agriculture governing the hand-
ling of cattle originating south of the United States quarantine
line established from time to time in addition to the following
Rules:
10. Catle from below the United States quarantine line may
enter New Mexico to pass through by rail without certificate or
bill of health provided that such shipments are reported to the
Secretary of the Cattle Sanitary Board and are not unloaded 1a
the Territory, except in quarantine corrals for the purpose of
TERRITORY OF NEW MEXICO. ‘15
feeding and watering, for a period not exceeding twenty-four
hours. :
11. Cattle from points in the United States south of the
U. S. quarantine line will be admitted by rail, for inymediate
slaughter, in New Mexico, provided they are consigned to par-
ties who have built special quarantine slaughter pens immedi-
ately adjoining the railroad in accordance with the regulations
of the U. S. Department of Agriculture and the special rules
of the Live Stock Sanitary Board. (Special rules of Board
furnished on application).
12. All cars carrying cattle from the quarantine area shail
bear on both sides printed manilla placards not less than 5%
by 8 inches in size, the letters of which shall be plain and not
less than 14 inches in height to be affixed by the railroad comi-
pany hauling the same, stating that said cars contain “SouTH-
ERN CATTLE’; and each of the way-bills, conductor’s manui-
fests, and bills of lading of said shipments by cars or boats shall
have a note plainly written or stamped upon its face with a
similar statement. The placards shall state the name of the
place from which the shipment was made, with the date, and
the name of the place of destination; said date must correspond
with the date of the way-bill and other papers. | Whenever
any cattle have come from said area and shall be re-shipped
from any point at which they have been unloaded to other points
of destination, or are transferred to another transportation
company, the cars carrying said animals shall bear on both
sides similar placards with like statements, and the way-bills,
conductor’s manifests, or bills of lading of said shipment by
cars, or boats shall be so marked. © At whatever point these
cattle are unloaded they must be placed in separate pens to
which no other cattle shall be admitted without the written
order of the Secretary of the Board. This applies especially
to instances where cattle are unloaded in other than quarantine
corral on account of accident or delay. Such instances must
be reported immediately to the Secretary of the Board.
13. The cars and boats used to transport such animals, the
chutes, alley-ways, and: pens used during transportation and at
points of destination shall be disinfected, when ordered, in the
following manner:
(a) Remove all litter and manure. This litter and manure
may be disinfected by mixing it with lime or saturating it with
a 5 per cent. solution of 100 per cent. carbolic acid; or it may
be thoroughly burned.
16 CATTLE SANITARY BOARD.
(b) Wash the cars and the watering and feeding troughs
with water until clean.
(c) Saturate the entire interior surface of the cars, includ-
ing the inner surface of the doors, and the fencing, troughs,
chutes, and floors of the pens with a mixture made of 14
pounds of lime and 4 pound of 100 per cent. carbolic acid in
each gallon of water, or a solution made by dissolving 4 ounces
of chloride of lime to each gallon of water may be used.
The disinfection of cars and corrals must be approved by the
Secretary of the Board before the same are used.
14. Cars used within the quarantine district for the trans-
portation of southern cattle must not be brought into the Ter-
ritory of New Mexico for use in transporting either live stock
or merchandise unless they have been previously disinfected
according to Section “C” of Rule 13; except when loaded with
cattle in course of transportation in accordance with these regu-
lations. ae
Violation or evasion of any of the foregoing Rules and Reg-
ulations will be subject to penalty as provided by law.
Superintendents of railroads will report as early as possible
all shipments of live stock in transit into or through the Ter-
ritory, as directed herein, and they will be given proper direc-
tions as to handling the shipment; thus avoiding delays and un-
necessary expense.
All inspectors at various shipping points in New Mexico are
required to familiarize themselves with the foregoing Rules
and Regulations, and report any violation of same.
INSTRUCTIONS TO INSPECTORS.
r. Keep in touch with the railroad dispatchers. Arrange
with them to give you timely notice when cars are ordered for
shipping points, so that you may plan your movements accord-
ingly.
2. If possible look through the herd before it is corralled,
in order to more thoroughly satisfy yourself as to the brands
of the cattle.
3. Make no inspection at night except in cases of work
horses or shipments of emigrant or family outfits where cattle
may be examined in cars by aid of lanterns.
4. Assure: yourselves that every animal in the herd is ac-
counted for. Allow no animals to be shipped except those
for which the shipper holds bills of sale or owns the brands
TERRITORY OF NEW MEXICO. 17
upon the cattle or has the proper authority from the owners to
allow him to ship them.
5. Any animals found in a herd for which the shipper can
give no proper authority must be treated as estrays and either
turned back upon the range or shipped as estrays.
6. In such cases inspectors must use their best judgment as
to their action. If the animal is some distance from the range
and the shipper will buy it at market figures sell it to him and
remit proceeds to this office together with regular stray report
No. 7 or 8.
7. If shipper will not purchase the animal and cattle are
destined for either Kansas City or Denver, you are instructed
to ship it if shipper will allow you to do so, to the Board’s in-
spector at either of these points immediately ‘notifying said in-
spector of the animal so shipped giving him full description ot
the animal, brands and all other necessary data that will enable
the inspector to readily discover the estray.
Address your letter to Inspector New Mexico Cattle Sanitary
Board, Kansas City Stock Yards, or Denver Stock Yards, as
case may be.
8. In reporting strays whether Horses, Mules or Cattie,
always be very careful to give all brands on every animal in
order that the ownership of the animal may be decided more
carefully. Never omit ear marks from reports.
g. If an inspector handling a stray knows of any claimant
for the animal he should give name and address upon report
in order that the secretary may correspond with them and deter-
mine the ownership fairly and justly.
10. In selling estray horses especial cauttion must be exer-
cised not to allow valuable animals to be sold and shipped away
as strays which the owners would not care to sell for the price.
To this end inspectors are warned not to sell any broke animals
either saddle or work horses unless brands have first been re-
ported to this office and authority given to ship them.
The only horses that should be sold are wild and unbroken
mares, colts and geldings. Never sell as an estray any stallion
that in your opinion is one kept for breeding purposes.
For the definition of the word estray see Section 120, Page
FS GNOnE f these laws.
11. For the purposes of disposing of the many estray horses
and cattle that are found by ranchmen and others at points and
at times when it is not practicable to ship them out of the Ter-
ritory the Board under power vested in it by Section 223, Com-
piled Laws, authorizes the following procedure.
18 CATTLE SANITARY BOARD.
12. Any inspector of this Board upon being notified by any
person that they have in their possession certain horses, mules
or cattle which are estrays and whose owners are not known in
that vicinity, shall procure from said person a list of the brands
and marks of the estray animals.
13. Upon receiving said brands and marks the Inspector
shall report the matter at once to the Secretary of the Cattle
Sanitary Board and if said brands are of record he, the Secre-
tary, shall inform the owners of the brands of the facts and
ask them for instructions.
14. If the owners of the brands in question do not reply
within a reasonable time or the brand proves not to be a record-
ed brand or the animal not the property of the person owning
the brand the Se¢retary shall then direct the Inspector to ad-
vertise said animals substantially as follows in some paper of
general circulation within the County in which said animals
are held paying therefor the sum of $2.00 (see Section 137,
Compiled Laws). Said advertisement to appear not less than
once a week for four. successive weeks.
15. Form of advertisement.
Sale of Estray Horses (or Cattle).
By order of the Cattle Sanitary Board of New Mexico
and in accordance with Sec. 223, compiled laws of N. M., I
will sell at public auction to the highest bidder, unless sooner
claimed by the owner.
Dale at Me «Bie eee hidee dhe eacs topeae 1905, at 11 o’clock a. m.
16. Should thére be no paper published in said County or
should for any reason the publisher thereof decline to receive
said advertisement for the amount authorized then the Inspec-
tor shall post notices in writing in at least three public places
in said County to the same effect.
17. The Inspector on the day of sale shall conduct the
auction and dispose of the animals to the highest bidder, but no
bid shall be received that does not realize sufficient amount to
equal at least twice the amount of costs of the sale including
all expenses and a fee of 50 cents per head to the Inspector for
each animal sold but not to exceed a total of $5.00 to be paid
the Inspector for his services for such sale.
18. The Inspector shall give a bill of sale in the name of
the Cattle Sanitary Board of New Mexico to the purchasers
and shall report the amount received less the costs of sale herein
designated, to the Secretary of the Board upon Form No. 7 for
cattle and 8 for horses, mules and asses. | Attaching thereto
a copy of the advertisement of the sale.
TERRITORY OF NEW MEXICO. 19
19. Inspectors must make frequent visits to the various
slaughter houses and butcher shops in their districts and assure
‘themselves that butchers have filed the bond as_ required in
Section 84, Compiled Laws, also that they keep up properly the
book required to be kept of all brands and marks of cattle
slaughtered by them as provided in Section 86, Compiled Laws;
and also, that the butchers can show bills of sale as required
under Section 119, Compiled Laws, for each and every animal
slaughtered by them except those of their own raising and bear-
ing their own duly recorded brand.
20. If any butcher is found to be violating any of these re-
quirements you will at once report to the Secretary for his in-
structions.
21. In tagging hides place the tags somewhere near the root
of the tail. By always placing them where it will be easy for
other inspectors looking over a bunch of hides to find those
which have already been inspected and tagged.
22. Use the tags in their numerical succession as nearly as
possible. Don’t leave them lying around where they can be
lost or stolen for each tag represents ten cents fee and is charged
up against each inspector’s account and he is given credit for it
when the number is reported on inspection report of hides in-
spected. (Form No. 3).
23. Arrange with butchers:and hide dealers to make your
inspections as frequently as possible and to suit their business
arrangements whenever you can do so and not conflict with
your other duties.
It is not the Board’s desire to work any more hardship upon
these persons than is positively unavoidable with a just and
careful enforcement of the law.
24.. While the law says that butchers and others slaughter-
ing animals for their own use or for sale shall keep the hide in
their possession for 30 days unaltered and unmutilated, the
Board has always held that where the hides have been duly
tagged and inspected by our inspectors they may be shipped
before the 30 days has expired believing that the full intent of
the law has been complied with when the hides have been in-
spected and a record made of the brands.
- 25. Inspectors need not tag nor charge for inspecting calf
hides but they should look them over as a matter of caution to
see what brands, if any, they bear.
26. Inspectors will inspect, tag and collect fees on all other
20 CATTLE SANITARY BOARD.
hides found in their district whether branded or unbranded,
whether the cattle were raised in this Territory or shipped in
here for slaughter.
27. Inspectors will understand that their fees are a lien
upon all hides they inspect and tag and that the hides cannot be
moved front the place of inspection, without the fees are first
paid, either by rail or other means of transportation without
violating the law providing for said inspection and fee.
28. Inspectors in filling out reports will always be careful
to locate the brands on the animal using “L N” for left neck,
“L. Sh?’ for left shoulder, “LR” for left, ribs; “LL EH’ aome sae
for left hip or thigh.
29. Inspectors will at the end of each month send in item
ized bill for such necessary expenses as they have incurred in
carrying out their duties during the month.
30. Whenever in a shipment of cattle or horses you “aller
the shipper to ship animals that do not belong to him and for
which he has no bill of sale or other authority you will imme-
diately after shipment is made drop a postal card Form No. 10
to the person owning the animals giving full information as te
number, ages, etc., of animals shipped.
This is in cases where one responsible man is allowed to ship
the animals of his neighbors the inspector knowing it is done
with the approval of the absent owners.
31. The instructions of preyious rule must not be construed
to allow an indescriminate shipping of cattle by persons not
having the full right to do so. Inspectors must know beyond
any doubt that the shipper has an unquestioned right to ship
the animal. _If there is the least doubt in your mind you will
treat the animal as a stray and either take the proceeds and send
to this Board or turn the animal loose again.
32. When there is more than one shipping or slaughtering
point in any inspection district, the inspector of that district
may recommend to the board a deputy inspector. The inspec-
tor, under no circumstances, is to require any deputy to make
any inspection of cattle shipped out of the Territory, except
when he, the reguar inspector, has an inspection of cattle to at-
tend to on the same date at another shipping point. Deputy
inspectors doing work as per conditions laid down in this rule,
will be paid at the rate of $2.50 per day by the Board, but any
work done contrary to these instructions, as when the regular
inspector is sick, absent on his private business from the dis-
trict, or could have made the inspection himself, the deputy in-
spectors charges must be paid by the regular inspector.
TERRITORY OF NEW MEXICO. 91
33. Bulls for deputy work done under the preceding rule,
must be forwarded by the regular inspector with his O K and
statement as to why he was unable to do the work himself.
34. Such deputies must report direct to the regular inspec-
tor under whose jurisdiction they are employed but in cases
where it is necessary for the Secretary to appoint a deputy in
emergencies by wire or otherwise and they report direct to him
they must report the full fees received by them with their report
and attach a bill for services to the report which will be paid
by warrant.
It has heretofore been a practice for such deputies to with-
hold their fees the amount of their per diem, and remit the bal-
ance. This must not be done.
35. Where ranches are located near the boundary line of
New Mexico, and cattle range on both sides of the line, inspec-
tors will be governed as to whether the cattle belong in New
Mexico or not by the state or territory in which taxes are paid
upon the cattle by the owners. If taxes are paid in New Mex-
ico, the cattle will be considered as belonging in New Mexico.
36. Bills of sale are not required for hides purchased by
butchers or hide dealers. The bill of sale required under Sec-
tion 119, Compiled Laws, is for the animal and inspectors in
checking up butchers should see that the brands on hides taken
from the animal corresponds with the brands given in the bill
of sale. This, however, is as far as the bill of sale follows the
hide.
37. Butchers buying hides however, should for their own
protection take down the brands on every hide purchased by
them and keep a record of the seller’s name marking the hide
with some initial or number so that in case of tracing stolen
cattle they can prove from whom they purchased the hide.
This is not the rule of the Board but merely a suggestion for
the protection of butchers who deal in hides as it enables them
to prove themselves innocent when found in possession of a
hide taken from some stolen animal.
38. When an inspector whether regular or a deputy is em-
ployed by the Board he is presumed to mount himself when
making inspections at his regular station and no bills for horse
hire will be allowed under such circumstances. | When inspec-
tors are away from their regular stations and are forced to hire
saddle horses to reach the herds to be inspected, such expense
will be allowed on the statement of the inspector that he could
not otherwise reach the point of inspection, or that the party
22 CATTLE SANITARY BOARD.
desiring the inspection would not furnish some means of reach-
ing the herd.
39. Whenever a deputy makes an inspection and has no
regular form to report upon, the regular inspector to whom he
reports must fill out the usual forms when sending in the depu-
ty’s report, signing it as done by a deputy, so that the books in
this office will agree with your Form 9 at end of month.
40. Inspectors must make requisition on the Secretary for
blanks, etc., in time so as not to be caught without the necessary
forms with which to make inspections and reports.
41. Attention of inspectors is called to the provisions of the
new law regarding use of unrecorded brands. Chapter 95,
Laws 1905, Page 2222.0. )
Inspectors knowing of violations of this law should call per-
son’s attention to the | law and if persisted 1 in report facts to this
office for further action.
42. Inspectors will carefully watch all importations of cat-
tle, horses and mules into this Territory, whether driven or
shipped. Such animals must all have the necessary Health
Certificate required by the quarantine rules and regulations
published in this book, and inspectors hearing of or knowing
of any such importations in violation of these quarantine regu-
ations will at once wire the Secretary of the Board for instruc-
tions and also notify the person in charge that they have viola-
ted the law and see that the animals are not moved until the
laws have been fully comple with or are released by order of
the Board.
This provision applies equally to all imported animals wheth-
er shipped in from the far eastern states or trailed across the
line from neighboring states. And whether they number
hundreds or only one. The object of the restriction is to as-
sure ourselves that all such animals are free from disease at the
time they enter New Mexico.
TERRITORY OF NEW MEXICO. 23
COMPILED LAWS OF 1897
Section 64. Each drove of cattle or sheep which may be
driven into or through any county of this Territory shall be
plainly branded or marked with one uniform brand or mark.
The cattle shall be so branded with the distinguishing ranch or
road brand of the owner as to show distinctly in such place or
places as the owner may adopt. Any such owner or owners,
or person in charge of such drove, which may be driven into or
through the Territory who shall fail to comply with the pro-
visions of this act, shall be fined not less than fifty nor more
than three hundred dollars, at the discretion of the court.
Sec. 66. Any stock grower of this Territory may adopt and
use an ear mark, and such ear mark shall be taken in evidence
in connection with the owner’s recorded brand in all suits at
law or in equity in which the title to stock is involved. Such
ear mark shall be made by cutting and shaping the ear or ears
of the animal so marked, but in no case shall the person so
marking the animal cut off more than one-half of the ear so
mniarked, neither shall anyone mark by cutting an ear on both
sides to a point. No county clerk or recorder shall record the
Same ear mark to more than one person.
Sec. 67. For the purposes of this act and in the prosecutions
arising under the same, or in the prosecution of any offense
arising under the laws of this Territory in regard to the unlaw-
ful taking, handling, killing, driving or other unlawful dispo-
sition of animals of the bovine kind, the description “neat cat-
tle” in any indictment shall be deemed sufficient, and the proof
of the brand by a certified copy of the registration thereof in
the territorial brand book, under the seal of the Cattle Sanitary
Board, certified to by the Secretary of said Board, shall be sut-
ficient to identify all horses, mules, asses or neat cattle, and
shall be prima facie proof that the person owning the recorded
brand is the owner of the animal branded with such brand.
Sec. 68. If any person shall brand or mark, or cause to be
branded or marked, with his, her, or their brand, or any other
not the recorded brand of the owner, any animal being the
property of another, or shall efface, deface, or obliterate any
brand or mark upon any animal any such person so offending
shall be deemed guilty of larceny, and on conviction thereof
24 CATTLE SANITARY BOARD. |
shall be confined in the penitentiary not less than one year nor
more than five, as the Court may direct, and shall also be liable
to the owner thereof for three times the value of the animal so
branded or marked, or upon which the brand or mark shall have
been so effaced, defaced, or obliterated, and in no case shall the
payment of the forfeiture herein mentioned entitle the person
so branding, effacing, defacing, or obliterating a brand to the
property in the animal so branded, or upon which the brand
was effaced, defaced, or obliterated, but such animals shall be
surrendered to the proper owner.
Sec. 69. When the stock of any resident shall intermiz with
any drove of animals, it shall be the duty of any drovers or per-
sons in charge to cut out and separate such stock from said
drove immediately, except in case of sheep or horses, when they
shall be driven to the nearest suitable corral to be separated.
Any person, either owner, or drover, or otherwise connected
with the management of such drove, who shall neglect to com-
ply with the provisions of this section shall be fined in any sum
not exceeding five hundred dollars for every offense and shall
be liable to indictment for larceny.
Sec. 70. Any person or persons not being the owner or own-
ers, or having the right of possession of any animal or animals,
who shall be found driving or leading any such animal or ani-
mals from its or their usual range, such persons or persons may
be arrested by any constable, officer, or other person specially
deputed for such purpose by a judge or justice of the peace,
and such person or persons may be taken before any court of
competent jurisdiction for examination and trial, and if found
guilty shall be punished as for larceny. In prosecutions for a
violation of the provisions of this section it shall not be neces-
sary in order to warrant a conviction, for the people to prove
that the offense was committed knowingly or willfully, or to
show an intent, purpose or motive on the part of the accused:
but if it shall be shown that the accused had in his possession or
under his control or supervision any animal so being led or
wrongfully driven from its usual range, as aforesaid, or that
the accused assisted in so leading or driving away any such
animal without having the right of possession thereof as afore-
said, such showing shall be sufficient to warrant a conviction,
unless the accused shall by testimyony in his behalf explain the
case made against him in such manner as to show good faith
and an innocent purpose on his part.
Sec. 71. Whenever the stock of any person in New Mexico
shall be driven off its range without the owner’s consent by the
TERRITORY OF NEW MEXICO. 25
drover of any herd or drove, every person engaged as drover
of such stock, or otherwise engaged in the care and manage-
ment thereof, shall be liable to indictment and punishment as
for larceny, and shall be liable for damages to the amount of
two thousand dollars, together with all costs accruing in the
trial of said cause, and said herd of stock or a sufficient number
to cover all damages and costs shall be held liable for the same.
Sec. 72. Any person, persons, company or corporation or
their or either of their agents or employes, having charge of
any drove of bovine cattle, horses or other animals for the pur-
pose of driving the same into or through any county of this
territory, of which the owner or person having exclusive right
of possession or control by lease or otherwise of any such drove
is not at the time a resident or land owner, and where land in
any such county is occupied by actual settlers or ranchers, it
shall be the duty of the person or persons in charge of any such
drove to prevent the same from mixing with the cattle, horses
or other animals belonging to such actual settlers or ranchers
and also to prevent such drove or any of the animals therein
from trespassing upon any such lands as may be the property
or in the possession of any such actual settlers or ranchers and
used by them for the grazing of domestic animals or the grow-
ing of hay or other crops or from doing injury to ditches. It
shall also be the duty of the owner or person in charge of any
such drove, for the purpose of driving the same into or through
any such county, to close-herd the same in such manner as to
prevent the animals therein from scattering and being left
along the route traveled before reaching their destination, and
to procure and have a sufficient number of men and saddle
horses for that purpose. And it shall also be the duty of any
such owner or person in charge of any such drove for the pur-
pose aforesaid to prevent the same from drinking at any water-
ing place in any such county while in transit, where the water
at such place shall be owned by another, without first having
acquired permission so to do by such owner. It shall be un-
lawful for the owner or person in charge of any such drove for
the purpose aforesaid while driving the same into or through
any such county and before reaching their destination to delay
said drove at any places along the route of transit less than
six miles apart and not to exceed twenty-four hours at any one
place. If the owner or persomin charge of any such drove
for the purpose aforesaid shall willfully injure any resident of
the territory by driving such drove or permitting it to be driven
from the public highway and by herding the same on lands oc-
26 CATTLE SANITARY BOARD.
cupied and improved by settlers or ranchers or shall knowing-
ly violate any of the provisions of this act, it shall, in either
case, constitute a misdemeanor and on conviction the accused
shall be punished by a fine not less than fifty dollars nor more
than five hundred dollars, in the discretion of the court, and
render the owner of such drove liable for all damages and losses
incurred or suffered thereby by anyone, which said losses or
damages from and after the time they shall accrue shall be and
constitute a lien upon the animals in such drove and shall he
sutficient grounds for attachment to secure the payment of any
judgment that may be obtained therefor; such attachment may
issue and be in force upon an affidavit showing the facts con-
stituting such lien and damages as herein provided and filing
a bond as in other cases of attachment and in manner as now
provided by law.
Sec. 73. Hereafter it shall be unlawful for any person or
persons, company or corporation to turn loose upon any com-
mon or public range in this Territory any she or female cattle
unspayed and over the age of nine months without at the same
time turning loose and keeping herded with the same, at the
rate of at least one good bull, not less than nine months nor
more than eight years old, of at least one-half pedigree stock.
to every twenty head of such she or female cattle; Provided,
that any person or persons, company or corporation, now own-
ing such she or female cattle upon any common or public range
in this Territory, and not having with said cattle such bull or
bulls of number and kind as herein described, shall procure the
same and turn them loose with said cattle on or before the Ist
day of January, 1892; and any person or persons, company or
corporation, violating the provisions of this act shall, upon con-
viction thereof, be punished by a fine of not less than twenty-
five nor more than five hundred dollars and be liable to the per--
son or persons injured or damaged by such violation in an ac-
tion at law for the amount of the injury or damage sustained:
Provided, further, that the words “pedigree bull’, shall not be
construed to mean a Texas or Mexican bull.
Sec. 74. Any person or persons who may skin or remove
from the carcass, any part of the hide of any neat cattle found
dead without permission from the owner, shall be deemed guil-
ty of larceny, and on conviction thereof, shall be punished in
the manner provided by law for the punishment of larceny;
Provided, Nothing herein shall be deemed to prevent the skin-
ning of animals killed by railroad companies, by the employes
TERRITORY OF NEW MEXICO. 27
of any railroad company by which such stock may have been
killed.
Sec. 75. No person or persons, whether as principal or
agent, shall hereafter sell or otherwise dispose of any neat
stock, nor shall any person, whether as principal or agent, buy,
purchase or otherwise receive any such stock, unless the per-
son or persons so selling or disposing of any such stock shall
give, and the person or persons buying, purchasing, or other-
wise receiving any such stock, shall take a bill of sale in writ-
ing of the stock so sold, or disposed of, or so bought, pur-
chased, or otherwise received, as the» case may be, which bill
of sale shall be witnessed by two witnesses residents of the
county where sale is made.
First: When such stock or any part thereof is to be shipped
from the territory, or slaughtered by the purchaser, or when
the said stock or any part thereof is to be, by such purchaser,
sold to any other person or persons for shipment or slaughter-
ing, or is to be by any such other person or persons offered for
sale, for shipment or slaughtering.
Second: When any such stock is to be driven, led, taken or
shipped to any market, range or other place more than ten miles
distant from the place of delivery thereof, upon any such saie
or purchase, or when any such stock is to be led, driven, taken
or shipped to any market, range, or other place more than ten
miiles distant from the place where such stock may be herded,
or kept, or permitted to range, at the time of the sale or pur-
chase thereof, or to any market, range, or other place more
than ten miles distant from the place where such stock may
have been herded, kept or permitted to range, for any portion
of the three months next preceding such sale or purchase.
Third: When any such stock, so sold or purchased, is at
the time of such sale or purchase, or for any part of the sixty
days next prior thereto, has been running at large upon an un-
enclosed range; but this provision shall not apply to sales oi
stock when the persons who sell are selling stock of which they
have had actual and personal control and supervision daily for
the said period of sixty days next prior to the sale thereof, and
are rightfully entitled either as principal or agent to sell and
dispose of the same. —
Sec. 76. Any person who shall violate or fail to comply
with any of the provisions of the last foregoing section shall
be deemed guilty of a misdemeanor, and upon conviction shall
be fined in a sum of not less than twenty-five dollars nor more
28 : CATTLE SANITARY BOARD.
than five hundred dollars, or imprisoned in the county jail not
less than thirty days nor exceeding six months, or may be
punished by both fine and imprisonment, in the discretion of the
court.
Sec. 77. It shall be the duty of any person who may have
purchased or received, or have in his possession any such stock,
either for himself or for another, to exhibit, on reasonable re-
quest to any person inquiring therefor, the bill of sale of such
stock, if in his power so to do, and if not in his power so to
do, to state and give the reason therefor; and any person vio-
lating or failing to comply with the provisions of this section
shall be deemed guilty and liable to punishment, as provided in
the next preceding section.
Sec. 78. The provisions of the last three sections shall be
liberally construed in favor of the people, and in order to con-
vict of any offense made punishable in any of the said sections
it shall not be necessary for the prosecution to prove knowledge,
intent, purpose or motive on the part of the accused, but such
knowledge, intent, purpose and motive may be presumed when
the wrongful act of the accused has been shown, and shall jus- °
tify a conviction, unless the testimony in the case shall satis-
factorily show the good faith and innocent purpose of the ac-
cused.
Sec. 79. Any person who shall steal, embezzle or know-
ingly kill, sell, drive, lead or ride away, or in any manner de-
prive the owner of the immediate possession of any neat cat-
tle, horse, mule, sheep, goat, swine, or ass; or any person who
shall steal, embezzle, or ‘knowingly kill, sell, drive, lead or ride
away, or in any manner apply to his own use any neat cattle,
horse, mule, goat, sheep, ass, or swine, the owner of which is
unknown; or any person who shall knowingly purchase from
anyone not having the lawful right to sell and dispose of the
same, any neat cattle, horse, mule, sheep, swine, or ass, shall
be deemed guilty of a felony, and on conviction thereof in any
court of competent jurisdiction, shall be punished by imprison-
ment not less than one year nor more than five years, and by
a fine not less than five hundred dollars, nor more than five
thousand dollars at the discretion of the court.
Sec. 80. All cases which are by this act declared to be lar-
ceny and in all cases of felonious, taking, stealing, riding, driy-
ing, leading, and carrying away of any animal or animals
herein referred to, the same shall be deemed and taken to be,
and the courts of this Territory shall construe the same to Le
TERRITORY OF NEW MEXICO. 29
grand larceny, subjecting the offender or offenders to be con-
demned to the penitentiary for a term of not less than one year
nor more than ten years, except as otherwise provided for in
this act, notwithstanding the value of such animal or anima!s
may be less than twenty dollars.
Sec. 81. Any person or persons who may sell or offer for
sale, or trade any neat stock upon which such persons have not
their recorded mark or brand, or for which the person so oi-
fering has neither bill of sale nor power of attorney from the
owner of such stock authorizing such sale, every person so of-
fering shall be deemed guilty of larceny, unless such person
upon trial shall establish and prove that he was at the time the
actual owner of the stock so sold or traded, or offered for sale
or trade, or that he acted by the direction of one shown and
proved to be the actual owner of such stock; and in prosecu-
tions for a violation of this section it shall not be necessary in
order to warrant a conviction for the people to prove motive,
intent, or purpose on the part of the accused, or that the ac-
cused knew that the stock sold or traded, or offered for sale
or trade, was so sold, traded, or offered in violation hereof;
but the fact of such selling, trading, or offering for sale or
trade contrary to the provisions hereof, when proved, shall be
sufficient to authorize a conviction, unless the accused shall by
testimony explain the ¢ase made by the people in a manner
consistent with good faith and innocent purpose.
Sec. 82. Hereafter it shall be unlawful for any person to
take up from any range, ranch, farm, corral, yard or stable,
any horse, mule or other animal, and use the same without the
consent of the owner of any such animal or of the person hav-
ing the same in charge.
Sec. 83. Any violation of the foregoing section shall be
deemed a misdemeanor, and the punishment therefor shall be
a fine of not less than twenty-five dollars nor more than one
hundred dollars, one-half of which shall g6 to the school fund
of the county in which the offense may have been committed,
and the other half to the owner of any such animal used or
taken up, as aforesaid, or by imprisonment in the county jail
for a period not exceeding six nionths, or by both such fine
and imprisonment in the discretion of the court.
Sec. 84. Every person before he shall set up and carry on
the trade of a butcher or slaughterer of horned cattle in this
Territory, shall file a bond, approved by the county commis-
sioners, with the clerk of the county in which he desires to
30 | CATTLE SANITARY BOARD.
carry on the business, in the sum of not less than one thousand
dollars nor more than five thousand dollars, running to the
people of the Territory of New Mexico, conditioned that he
shall keep a true and faithful record, in a book kept for the
purpose, of all cattle purchased or slaughtered by him, with
description of the animal, including marks, brands, age, weight,
and from whom purchased, and the date thereof, and to keep
the hides and horns of such animals free to the inspection of
all persons for the period of thirty days after it is slaughtered.
Sec. 85. Every person who shall be found carrying on the
business of butcher or slaughterer in this Territory without
having filed the bond provided in the eighty-fourth ‘section
shall be deemed guilty of a misdemeanor and be fined in a sum
not less than fifty, nor more than one hundred dollars, for every
day he shall carry on such business, to be recovered before any
justice of the peace of the proper county or by indictment in
the district court.
Sec. 86. Every person who shall carry on the business of
butcher or slaughterer of horned cattle, and shall fail to keep
a true and faithful record, in a book kept for the purpose, of
all cattle purchased or slaughtered by him, together with a de-
scription of each animal, including marks, brands, age, weight,
and from whom purchased, and the date thereof, or fail to
keep the hide and horns of such animal or animals for thirty
days after such animal is slaughtered, shall be deemed guilty
of a misdemeanor, and for each offense fined in a sum not less
than ten, nor more than one hundred dollars, to be recovered
as provided in the preceding section.
Sec. 87. The record provided for in this act shall be open
to the inspection of all persons, and also the hide and horns,
for the period of thirty days, and any butcher or slaughterer
refusing to permit such inspection or examination shall be sub-
ject to a fine of not less than ten, nor more than twenty-five
dollars, for each offense, to be recovered as provided in the
preceding sections.
Sec. 88. All fines and penalties so recovered under this act
shall be paid into the county treasury of the proper county, and
the offender and his sureties shall be liable on the bond pro-
vided for in the eighty-fourth section for all fines, penalties
and costs adjudged against him under the provisions of this
act. Said bond may be sued on in the name of the people in
any court of competent jurisdiction.
Sec. 89. Any person killing or causing to be killed any bo-
TERRITORY OF NEW MEXICO. 31
vine cattle or sheep for his own use, or for the use of others, or
for the purpose in whole or in part of sale or exchange, is here-
by required to keep in his own possession, unchanged and un-
mutilated, and in condition to be easily inspected and examiii-
ed, all hides and pelts of such bovine animals, including the
ears, for the period of thirty days after the killing, and of sheep
ten days after the killing, and shall at any time while sucha
hides or pelts remain in his possession, permit the same to be
inspected and examined by any sheriff, deputy sheriff, or con-
stable, or by any board, or inspector or other officer authorized
by law to inspect any hides and pelts or animals, whether dead
or alive; Provided, however, That the provisions of this act
shall also apply to the killing by persons engaged in any public
roundup of animals for the use in connection with the making
of such roundup.
Sec. 90. Each violation of the provisions of this act shall
be punished in the discretion of the court in which a conviction
is had, by a fine of not less than twenty-five nor more than one
hundred dollars, or by imprisonment not exceeding three
months, or by both such fine and imprisonment.
Sec. 91. Inability or refusal to show such hide or pelt to
any proper authority within said period of thirty days, or a re-
fusal to show it at any time thereafter while remaining in ‘the
possession of the person by or for whom the animal was killed,
shall be prima facie evidence of a violation of the provisions
of this act, and shall be competent evidence to go to the jury
upon the trial of any indictment against such person or persons
for the larceny of any animal or animals, or for the receiving
of stolen property.
(Note: Section 92 Repealed.) ©
Sec. 93. All laws and parts of laws in conflict with this act
are hereby repealed, and this act shall be in force from and
after its passage; but this act shall not be construed as repeai-
ing or in any manner changing the provisions of sections
eighty-four to eighty-eight, both inclusive.
Sec. 94. Hereafter it shall not be lawful for any person to
carry firearms or deadly weapons at any cattle roundup in this
Territory, and any person violating the provisions of this sec-
tion shall be fined in any sum not less than twenty-five dollars,
nor more than one hundred dollars. Justices of the peace
shall have jurisdiction in all cases arising under this section.
Sec. 95. Copies of all contracts heretofore made.or here-
after made by the owner of any animals, such as sheep, bo-
32 CATTLE SANITARY BOARD.
vine, cattle, horses and of any other class or kind, with any
other person, for the herding or caring for the same, for pay
or on shares, or in any other manner, may be filed ‘with the
clerk of the probate court of the county where the owners, or
either of them reside, if he resides in the Territory, and if the
owners, nor either of them, do not reside in the Territory then
the said copies may be filed with the clerk of the probate court
of the county in which the contract may be made; and when
such copies are so filed, they shall be notice to every one of the
contents of such contracts, and of the legal effect thereof, and
of the usages and customs relating thereto.
Sec. 96. ‘When any one has or shall receive from the owner
thereof any sheep, bovine cattle, horses or other animals under
written contract, for the herding or caring for the same for pay
or on shares, or in any other manner, except by absolute pur-
chase, such as sheep, bovine, cattle, horses or other animals,
together with the increase and product thereof at all times, and
until the full completion of such contract according to the
terms thereof, shall be and remain the property of the said
owner or owners, so letting them out to be herded or cared for;
and the person or persons so receiving the same for such pur-
pose shall have no authority or right to sell, transfer, mort-
gage, or dispose of the same, or any part thereof, in any man-
ner whatever without the express consent of the owner or
owners thereof, and when a copy of any such contract shall be
filed with the clerk of the probate court, as provided in the pre-
ceding section of this act, it shall be notice to every one that
the person or persons in charge of such animals, sheep, cattle
or horses, has no right to sell or dispose of the same in any
manner.
Sec. 97. If any person who may receive from any owner er
owners thereof, any animals, sheep, cattle or horses, for the
purpose of herding or caring for the samie, or any person who
may be employed. in any manner about the herding or caring
for any animals, sheep, cattle or horses, and shall sell, give
away, kill, dispose of, or convert the same in any manner to
his own use, he shall be deemed guilty of embezzlement and
be punished for each offense, on conviction thereof, the samme
as persons convicted for stealing sheep, cattle or horses, under
the laws of the Territory. (See also Chapter 38, Laws 1905.)
Sec. ror. All persons, owners of animals of the description
mentioned in the foregoing section, are hereby required and
obligated to keep them at all times at a distance of three leagues
TERRITORY OF NEW MEXICO. 33
from all settlements, houses or ranches, as provided in the
foregoing section; and any person, who is not an owner or
mayordomo of herds, who shall violate the provisions of this
act, shall be considered as a transgressor of the law, and tried
in a summary manner by any justice of the peace, after hav-
ing been duly required to withdraw from the points by any
person interested in the matter; and the accused being guilty,
he shall be fined in a sum of not more than five dollars nor less
than one dollar, in addition to the costs of the cause, said fine
being applied to the use of the county where such offense was
committed.
Sec. 102. The provisions of this act shall not prevent any
person of this Territory from taking care of and maintaining
all kinds of animals on their own property, nor impede the tak-
ing care of all those animals of frequent service within said
limits, such as mules, horses, oxen, jacks, cows, goats and
sheep for milking, but at all times, subject to the established
tules of, or custom in the different counties of this Territory;
Provided, also, that all travelers who have to touch at any of
the reserved points mentioned in this act, shall be exempted.
It shall not be lawful for any person in this Territory to pasture
any kind of the lesser animals, such as milch goats and sheep,
sheep for sale, etc., in any quantity whatever near the settle-
ments or cultivated lands either public or individual, of any
person or persons except at a distance of two miles from all
cultivated lands of settlements. Any person or persons who
shall violate the provisions of this act, may be accused before
any justice of the peace, and upon conviction thereof shall be
fined in a sum not exceeding ten dollars.
Sec. 103. All damage or injury done to any fields sown
with grain, shall be paid for by the owner of the animals com-
mitting said damage or injury, after the damage shall have
been appraised or valued by the parties interested, or in case
of dispute by two appraisers appointed for the purpose by said
interested parties.
Sec. 104. Every justice of the peace, in his precinct, shall
have jurisdiction in cases of damages and injuries done to
crops when the damage or injury claimed does not exceed one
hundred dollars. | Any petson or persons having committed
any damage with one or mere animals to any cultivated field,
upon proof thereof, they shz 1 pay the damage according to the
provisions of this act, and: 1all als») be fined, on conviction
thereof, in any sum not e: eeding cne dollar, which may be
34 “CATTLE SANITARY BOARD.
collected by any constable ona warrant from the proper jus-
tice of the: peace. All fines provided under this law shall be
paid into the treasury of the proper county; Provided, That if ~
any person or persons shall plant in any places distant from
the'settlements, at watering places or in common ‘pasture
grounds and neglecting their fields, shall receive thereby any
damage, the justice of the peace shall investigate the case in
order to try the same according to evidence, and upon proof
of ‘neglect no damage shall be paid, and consequently no: fine
shall be imposed.
Sec. 105. When under the provisions of this act any jus-
tice shall give sentence against any person for damage or in-
jury done to any cultivated fields, the justice of the peace who
gave the seritence, in case it be necessary in order to carry :t
into due effect, shall issue an execution, which shall be served
if the same manner and under the same restrictions as they are
served in other cases.
Sec. 106. Every person, company or corporation owning
horses, mules, asses or neat cattle which are allowed to range
at large in this Territory without an enclosure and to mingle
with other stock of the same kind, shall have and adopt a mark
and brand for such animals, by which they shall be marked and
branded after such brand shall have been recorded as required
by this act.
Sec. 107. No brand except such as are recorded under the
provisions of this act shall be recognized in law as any evi-
dence of ownership of the horses, mules, asses or neat cattle
upon which such brand may be used.
Sec. 108. Any brand recorded in accordance with the re-
quirements of this act shall be considered as the property of
the person causing such record to be made, and shall be sub-
ject, to sale, assignment, transfer, devise and descent, the same
as. other personal property.
Sec. 109. That from and after the passage of this act the
Cattle Sanitary Board of the Territory of New Mexico shall
be and constitute a board for the registration of brands on
horses, mules, asses and neat cattle in this Territory.
Sec. 110. Immediately upon the passage of this act it shall
be the duty of the Cattle Sanitary Board to procure a suitabie
book, to be known as the Territorial Brand Book, in which
shall be recorded the brands used for the branding of —
mules, asses and neat cattle in this Territory.
TERRITORY OF NEW MEXICO. 385
Sec: 111. It shall-be and it is hereby made the duty of the
county commissioners of the several counties of this Territory,
on or before the first day of July, A. D. 1895, to cause and re-
quire the probate clerk and ex-officio recorder of their respect-
ive counties to transcribe alist of all recorded marks and brands
in their respective counties, setting opposite to each brand the
marks corresponding thereto the name of the owner of said
brand, his place of residence, the date of registration, and, if
the brand be sold, the name of the person to whom sold and
his residence, and shall allow to the probate clerk making
such transcript a reasonable compensation, not to exceed thirty
dollars. And it is hereby made the duty of each probate
clerk in this Territory, on or before the first day of July, 1895,
to transmit the said transcript of recorded brands in his county
to the Secretary of the Cattle Sanitary Board. (|
Sec. 112. It is hereby made the duty of the Cattle Sanitary
Board, on or before the first day of August, A. D. 1895, to
cause and require the Secretary of said Board to transcribe in
the territorial brand book all the transcripts of marks and
brands received by said Board from the several probate clerks
of the respective counties of this Territory, and thereupon: all
of said marks and brands shall be deemed to have been duly
recorded in the territorial brand book by the owners of said
marks and brands.
Sec. 113. From and after the first day of August after the
passage of this act, any person, association or corporation de-
siring to adopt any brand to be used for the branding ci
horses, mules, asses or neat cattle in this Territory shall, be-
fore using the same, forward to the Secretary of the Cattle
Sanitary Board a fac simile of such brand, together with a fee
of fifty cents to pay for recording the same. Upon the re-
ceipt of such fac simile and fee the Secretary of said Board
shall immediately record the same in the territorial brand
book, unless such brand has already been recorded in behalf
of some other person, association or corporation, or is of such
character as to conflict with such prior recorded brand, in
which case the Secretary of said Board shall not record such
later brand, and shall return such fac simile and fee to the
party by whom the same was forwarded to him. See Chap-
ter 95, Laws 1905.
Sec. 114. Upon the recording of any such brand or brands,
as provided by the preceding sections of this act, the owner
thereof shall procure from the Secretary of the Cattle Sanitary
36 CATTLE SANITARY BOARD.
Board a certified copy of such brand or brands, under the seal
of said board, paying therefor the sum of fifty cents. See
Chapter 30, Laws 1905.
Sec. 115. From and after the first day of August after the
passage of this act, it shall be unlawful for any probate clerk
and ex-officio recorder in this Territory to record any brand
unless the application to record the same is accompanied with
a certificate from the Secretary of the Cattle Sanitary Board
to the effect that said brand has been recorded in the territorial
brand _ book.
Sec. 116. It shall be the duty of the Secretary of the Cat-
tle Sanitary Board, within ninety days after the first day of
August, A. D. 1895, to publish a brand book, in which shall
be given a fac-simile or copy of all brands recorded in his of--
fice on the said first day of August, together with the owner’s
name and the county wherein he resides; such name and brands
shall be arranged in the most convenient form for reference,
and the following may be the form of said brand book:
REMARKS
Such book shall be bound in a good and substantial binding
and in such manner that additional leaves may be added there-
after; one copy of such book shall be forwarded to the probate
clerk of each county, in whose office it shall be kept open for
the inspection of all persons interested. It shall be the duty
of the Secretary of the Cattle Sanitary Board quarterly, after
the publication of said brand book, to furnish each probate
clerk with a list of the brands recorded in his office during
the preceding three months, which list shall be printed in unt-
form style with the pages of such brand book and shall be
pasted in and become a part of such brand book, when received
by the probate clerks of the respective counties. The Cattle
Sanitary Board is authorized to publish, if they deem best to
do so, a limited number of such brand books in addition to the
number required by the provisions of this section, and to sell
the same for such price as said board shall consider reasonable
and proper, which price shall “not be less than the actual cost
of the same, and from time to time revise said territorial rec-
ord of brands by the cancellation of obsolete and unused
TERRITORY OF NEW MEXICO. 37
brands, and to provide by regulation for due notice of such re-
vision. |
Sec. 117. No person owning or claiming shall, in originally
marking or branding horses, mules asses or neat cattle, make
use of or keep up more than one mark or brand; Provided,
That any person may own and possess such animals in many
marks and brands, the same having been by him acquired by
purchase or in any other lawful manner, and bills of sale in
writing, properly acknowledged from the previous owner or
owners of the animals having such brands, or from their heirs,
executors, administrators or legal representatives of such own-
er or owners shall be sufficient evidence of such purchase, but
the increase of such animals or of any animals so acquired by
such person from other stocks of cattle owned by him shall be
branded by and with the recorded brand and mark of the per-
son acquiring such animals:
Provided, That in cases where neat cattle having upon them
a duly recorded brand may have had established against them
a mortgage or other lien, it shall be lawful for either of the
parties interested in such lien, for the purpose of identification
of the animals covered by such lien, upon filing with the Sec-
retary of the Cattle Sanitary Board a duly certified copy of
such mortgage or other lien, to adopt and record in the same
manner as an original brand a special brand to be placed upon
the animals subject to such lien and their increase for the iden-
tification of such animals during the pendency of such lien.
Sec. 118. Minors owning horses, mules, asses or neat cat-
tle, separate fron that of the parent or guardian may have a
mark and brand, which shall be recorded in accordance with
the requirements of this act, but the parent or guardian shall
be responsible for the proper use of such mark and brand by
any such minor. .
Sec. 119. Upon the sale, alienation or transfer of any
horses, mules, asses or neat cattle by any person in this Terri-
tory, the actual delivery of such animals shall be accompanied
by a written bill of sale from the vender or the party selling
to the party purchasing, giving the number, kind, marks and
brand of each animal sold and delivered, which bill of sale
shall be signed by the party giving the same, and shall be ac-
knowledged by him as his act and deed before some officer
authorized under the laws of the Territory of New Mexico to
take acknowledgments to deeds of conveyance; and upon the
trial of uny person charged with the theft, unlawful possession,
38° CATTLE SANITARY BOARD.
handling, driving or killing of any such animal as is mentioned
in this section, the possession of such animal by the accused
without his having a duly written and acknowledged bill of
sale therefor, such as is required by the provisions of this sec-
tion, shall be prima facie evidence against the accused that such
possession was illegal; and no officer acknowledging any bill
of ‘sale or other written instrument required to be acknowl-
edged under the provisions of this act shall be authorized to
exact or receive a larger fee than twenty-five cents for acknowl-
eding, certifying to and affixing his seal to such instrument.
Sec. 120. For the purposes of this act an estray shall be
any animal of the neat cattle kind being driven from this Ter-
ritory or any county thereof for shipment, sale or slaughter,
not branded with the duly recorded brand of the person, com-
pany or corporation driving such animal or causing the same
to be driven, or not accompanied by a duly executed and ac-
knowledged bill of sale or transfer in writing from the owner
of the recorded brand on such animal, or not accompanied by
a duly executed authority in writing, duly acknowledged by
the owner of the recorded brand on such animal, authorizing
the driving and handling of such animal by the person or per-
sons found driving the same; and upon the inspection of any
such herd by any duly authorized inspector, if he shall find ia.
or with said herd any such estray as is specified in this section,
it shall be his duty and he is hereby empowered to seize and
. sequestrate the same and to hold and dispose of said estray in
the manner now provided by law for the disposition of un-
claimed cattle by inspectors; and the person or persons having
charge of and found driving such estray shall, in addition to
any criminal prosecution to which such driving may make him
or them liable, forfeit, as damages, to the owner of the brand
on such estray the sum of twenty-five dollars for each and eyery
estray found in his or their possession, to be recovered by such
owner in an action of debt before any justice of the peace in
the county in which such animal is found or the county in
which the owner thereof resides, and all reports of inspection
made by any duly authorized inspector and ‘verified by his
oath, or a duly certified copy of the same by the Secretary of
the Cattle Sanitary Board and under his seal, shall be taken as
prima facie proof of the matters therein contained in any of
the courts of this Territory; Provided, That cattle being driven
from this Territory for sale or shipment shall be inspected, if
driven, at the territorial line, and if shipped, at the place of
shipment. - F
TERRITORY OF NEW MEXICO. 39°
~Sec. 121. .Whenever.. any neat cattle branded with any
brand not duly recorded as required by the provisions of this
act shall be found at large upon any range in this Territory,
the same,.may be reported to the Cattle Sanitary Board by any.
duly authorized inspector therefor, and. shall be considered~as
unclaimed cattle, and shall be disposed 6f.as now provided by ,
law for the disposition of unclaimed cattle. .
Sec. 122. Any person, company or corporation owning, a
recorded mark and brand and being the owner or owners of
animals of the horse, mule, ass or neat cattle kind branded
with such recorded brand, or who shall be the lawful. owner
of such animal having other brands, who may wish te author-
ize any other person or persons to gather, drive or otherwise.
handle any of:said animals by their mark and brand, shall
furnish to such person or persons an authority in “writing, duly :
executed and acknowledged by the person, company or cor-.
poration giving the same, containing a list of. the: marks and.
brands authorized to be handled and authorizing the person
or persons therein named to gather, drive or otherwise handle
the stock therein described, and the possession of such written
authority shall be deemed sufficient to authorize the person or
persons therein named to gather, drive or otherwise handle any
of such animals in the marks and. brands set forth and de-
scribed in said written authority; Provided, That if any per-
son, company or corporation, in giving any such written au-
thority as is provided in this section, shall insert therein a
mark or brand of which said person, company or corporation
is not the lawful owner, and any animal having any such mark
or brand shall be unlawfully taken, gathered, driven, or other-
wise unlawfully handled by the person or persons having sucil
written authority and by virtue thereof, then the person, com-
pany or corporation giving such written authority shall be
deemed principals to are anleraeel taking, gathering, Bias
or handling of such animal.
Sec. 123. The owner or owners of horses, mules asses’ or
neat cattle running at large upon any range in this Territory,
may dispose of such animals by range delivery, while on the
range and ungathered, by the sale and delivery of the marks
and ‘brands on such animals, but in every such’ case the pur-
chaser, in order to acquire title to ‘such animals, must have his:
conveyance or written transfer of such animals duly acknowl-
edged by the vendor and then recorded in thé office of the
probate clerk and recorder of the county in which stich animals
range, in a book kept for such purpose, and such sale or trans-
40 CATTLE SANITARY BOARD.
fer shall be noted on the record of original marks and brands
in the name of the purchaser.
- Sec. 124. Any person who shall mark or brand any un-
marked or wunbranded horse, mule, ass or neat cattle found
running at large upon any range in this Territory with a mark
or brand that has not been recorded under the provisons of
this act, shall be deemed guilty of larceny of said animal.
(Sec. 125—As Amended).
Sec. 125. Any person, firm or corporation who shall kill
or cause to be killed for sale or use any unbranded neat cattle,
or any cattle on which the brand has not peeled off and fully
healed, unless such cattle shall have an older and duly record-
ed brand; or shall purchase and kill or cause to be killed for
sale or use any neat cattle, having a brand not legally owned
by such person, firm or corporation, without having taken a
duly acknowledged bill of sale for the same from the owner
thereof, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined any sum not less than fifty
nor more than two hundred dollars for each offense. All
amounts collected under this section shall go one-half into the
court fund and one-half into the school fund of the county in
which such conviction is had.
Sec. 126. This act shall take effect and be in force from
and after its passage, and all acts and parts of acts in conflict
with the provisions of this act are hereby repealed, but nothing
in this act shall be construed to repeal any existing law im-
posing penalties for the unlawful taking, driving, killing,
branding, defacing of brands or other unlawful handling of
any of the kind of animals mentioned in this act.
Sec. 127. Hereafter in the Territory of New Mexico any
person, company or corporation that may appropriate and
stock a range upon the public domain of the United States, or
otherwise, with cattle, shall be deemed to be in possession
thereof; Provided, That such person, company or corporation
shall lawfully possess or occupy, or be the lawful owner or
possessor of sufficient living, permanent water upon such range
for the proper maintenance of such cattle.
Sec. 128. Whenever any person, company or corporation
turns loose on any range in this Territory, already occupied
or in the possession of another or others by virtue of their hav-
ing complied with the provisions of section one hundred and
twenty-seven, he or they must be the owner or owners of, or
must be lawfully entitled to the possession of some other liv-
TERRITORY OF NEW MEXICO. 41
ing, permanent water upon such range, sufficient for the prop-
er maintenance of all such additional cattle so turned loose,
other than that owned by or lawfully possessed or lawfully in
the possession of any other person, company or corporation
that may have previously appropriated, stocked or taken
possession of such range in accordance with the provisions of
this act; and such person, company or corporation so turning
loose cattle upon such range must at all times, furnish, supply
and maintain upon such range such other permanent living
water free and unfenced and upon the surface of the ground.
Sec. 129. Any person, company or corporation violating
the provisions of section one hundred and twenty-eight shall
be guilty of a misdemeanor and punishable by imprisonment in
the county jail, wherein the offense was committed, for a
period not to exceed six months, or by a fine of not less than
one hundred dollars nor more than one thousand dollars,
which fine shall be applied to the school fund of the county
wherein the offense is committed; and such person, company
or corporation violating such provisions as aforesaid shall fur-
ther be liable to any party or parties injured for all damages
which such party or parties may sustain; the same to be re-
coverable by a civil suit. All fines and costs so assessed ancl
all damages which may at any time be awarded shall be and
constitute a lien upon such herd of cattle.
Sec. 130. Each day’s violation of the provisions of this act
shall be and constitute a separate cause of action against any
person, company or corporation violating the same.
Sec. 131. That if any person or persons shall take up any
cow or cows for the purpose of milking the same and detain
them for the space of two hours in any enclosure, or shall hold
or detain in any herd of cattle for like purpose, any cow or
cows, her calf or their calves, not the property of the person
so taking and detaining the same without the written consent
of the owner, he shall be guilty of a misdemeanor.
Sec. 132. The taking up and detention of each and every
cow or calf as specified in the preceding section of this act shall
constitute a separate offense.
Sec. 133. The penalty for the violation of the above sha!l
be a fine of not less than fifteen nor more than fifty dollars, and
may be prosecuted before a justice of the peace or by indict-
ment.
Sec. 134. If any person or persons shall take up or detain
for any time in any enclosure any bull, for the purpose of im-
49 CATTLE SANITARY BOARD.
proving his stock, not the property of the person so taking and
detaining it, and without the written consent of the owner or
owners thereof, he shall be deemed guilty of a misdemeanor
and be punished by a fine of not less than twenty dollars, and:
not more than one hundred dollars, or by imprisonment in the
county jail for not less than fifteen days, and not more than
three months, or ‘both.
Sec. 135. Any resident householder in any county of this
Territory on finding any broken, tame or domesticated estray
animal or animals in the vicinity of his premises, may, at any
time after twenty days from the time of finding the same, or
after six months from the time of finding any unbroken, un-
tamed or undomesticated estray animal or animals in the vicin-
ity of his premises, go to the justice of the peace for the pre-
cinct in which such estray animal or animals were found and
make affidavit that such estray animal or animals, giving a
full and complete description thereof, with marks and brands,
if any, and stating whether broken, tamed, domesticated or
otherwise, have remained in the vicinity of his premises for
the time or times above specified, as the case may be, that he
has made diligent inquiry throughout the neighborhood of
said premises and precinct to ascertain the ownership of said
estray animal or animals, and has been unable to ascertain such
ownership and does not know to whom the same belong; which
affidavit, when so made, shall be forthwith delivered by affi-
ant to the assessor of the county in which said estray animal
or animals are taken up, and by him recorded as hereinafter
provided; Provided, That in no case shall any person take
up any estray animal or animals except in the vicinity of his
premises and in the county wherein he or she resides, and is a
householder.
Sec. 136. It shall be the duty of the assessor of each coun-
ty in this Territory, to keep a book called an Estray Book,
which shall be properly ruled and indexed, and said affidavits,
when received by him shall be marked “filed” on the back
thereof, and recorded in said book; and when so recorded, the
records thereof shall be preserved by him in his office. He
shall be allowed a fee of fifty cents for each affidavit so filed
and recorded and an additional sum of ten cents per head for
each additional number more than one animal contained in said
affidavit, said fee or fees to be paid by affiant for filing and re
cording the same.
Sec. 137. In addition to making said affidavit and having
the same recorded, as hereinbefore provided, the party taking
TERRITORY OF NEW MEXICO. 43
up said estray animal or animals, shall, within ten days after
recording the same, cause to be published in some newspaper
published in the county which shall be designated by the asses-
sor, and which shall be published at the county seat of said
county, or if there be any county seat in this Territory in
which no newspaper is published, then in some newspaper pub-
lished in the county, notice of the time and place of taking up
such estray animal or animals with a description thereof, as set
out in said affidavit and that the owners thereof will forfeit
the same at the end of seven months from date of the first pub-
lication, unless he or his agent claim the same, prove owner-
ship of such property and pays the legal charges thereon, with-
in that time. Such publication shall be continued for a period
of six consecutive weeks and any newspaper publishing such
notice shall be allowed a sum not to exceed two dollars for the
entire time of the publication of such notice, so published, the
same to be paid by affiant; Provided, That if there be any
county in this Territory in which no newspaper is published,
then it shall be lawful to give such notice by at least five print-
ed handbills or written notices, posted in conspicuous places
in each precinct in said county.
Sec. 138. If the owner, or his legally authorized agent, vi
any estray animal or animals advertised as aforesaid, shall,
within seven months from the time that the same was first
advertised, appear and make affidavit of his right and proof
of ownership thereto before the justice of the peace of the pre-
cinct in which said estray animal or animals were taken up and
shall pay to the party taking up the same, the cost of making
said affidavit, not to exceed one dollar, of filing and recording
the same, the cost of publishing said notice and the further ad-
ditional sum of fifty cents per month excepting in all cases,
unweaned young animals following their dams, for each and
every animal and for each and every month said animal or
animals have been in his possession from the date of said pub-
lication, then the owner shall be entitled to the possession of
the same and it shall be delivered to him or his lawfully author-
ized agent, but in event he or his agent does not appear and
make good and pay said cost or costs, within seven months
from date of the said publication, then the assessor in said
county shall order the same to be sold at public auction to the
highest bidder, for cash in hand, after first having caused ten
days’ notice to be given, of the terms, time and place, of such
sale, with the description of the animal or animals to be sold,
by at least five written or printed hand bills, posted in conspic-
44 CATTLE SANITARY BOARD.
uous places throughout the precinct wherein such taker-up re-
sides. All orders for such sale or sales shall be directed to the
constable of said precinct, and for each and every order so is-
sued, the assessor shall be allowed as a fee, the sum of fifty
cents, and the constable shall be allowed as a fee for such sale,
a commission of ten per cent. of the gross proceeds of such
sale on all sums up to and including fifty dollars, and a com-
mission of five per cent. on all sums over fifty dollars, out of
the proceeds of such sale. Such said constable shall first pay
such costs as may have accrued under the provisions of this
act in taking up and selling such estray animal or animals; the
remainder, if any such there be, he shall forthwith deposit with
the county treasurer of the county wherein such sale took place,
subject to the order of the owner of such estray animal or
animals. If such sum or sums be not reclaimed by said owner
within twelve months from date of said deposit then said coun-
ty treasurer shall apply the same to the school.fund of said
county, and the owner thereof shall be forever barred from re-
covering the same by an action at law.
Sec. 139. If any person shall conceal or attempt to conceal
any estray animal or animals taken up by such person, or shall
efface or change, or attempt to efface or change any mark cr
marks, or brand or brands, thereon, or shall carry or attempt
to carry the same outside of the limits of the county where
found, or knowingly permit the same to be done, or shall sell,
transfer or bargain away such estray animal or animals, or
shall attempt to sell, transfer or bargain away the same, before
lawful title thereto has been obtained in accordance with the
provisions of this act, he shall be deemed guilty of larceny and
shall be punished for the same as in other cases of larceny.
Sec. 140. The owner, or his lawfully authorized agent of
any estray animal or animals which have been taken up ac-
cording to the provisions of this act, shall not be permitted to
take, lead or drive away, the same from the premises or posses-
sion of the person having taken the same up under the pro-
visions of this act, until he has proved his ownership thereto,
and paid the legal charges due thereon as herein required, and
any person knowingly or wilfully violating the provisions of
this section shall be subject to all the penalties to which he
would be subject under the statutes, had he no claim to said
animal or animals.
Sec. 141. If any animal, after having been taken up by any
person under the provisions of this act, shall escape, or be taken
from the possession or custody of such person before the same
shall have been reclaimed by the owner thereof, or his agent,
id
TERRITORY OF NEW MEXICO. pa
then such person shall have the right to recover the same
wherever the same may be found, to be held by him until dis-
posed of as provided for in this act.
Sec. 142. It shall ‘be unlawful in this Territory for any
person to take up, work or use in any manner whatsoever any
animal or animals, estray or otherwise, without the consent of
such owner thereof unless having proceeded as required by
this act, and any person or persons guilty of any violation of this
act, shall, on complaint being made thereof, be tried before any
justice of the peace in the precinct in which said animal or
animals were taken up, and if found guilty shall be fined a sum
of not more than fifty dollars and not less than ten dollars, or
imprisonment in the county jail not more than sixty days and
not less than ten days, or both, with costs, and be subject to 2
civil suit for damages at the hands of the party or parties in-
jured.
Sec. 143. Nothing in this act shall amend, alter, change or
interfere with the rights of any incorporated town or city in
this Territory to prevent the running at large of any stock
within the corporate limits of said city or town, and the im-
pounding of the same as is now provided by law.
Sec. 144. That any person or persons owning or having in
his, her or their possession or charge any horses, mules, cat-
tle, burros, sheep, goats, hogs or any such animals which shall
break over or under or through or into any lawful enclosure
belonging to any person or persons other than the owners or
person or persons having possession or charge of such animal
or animals, or which shall trespass upon the cultivated fields
or land or lands sown in domestic grasses or clovers for hay
or pasture, or orchards or vineyard lands of any such person
or persons other than the owner or owners or person or persons
having in charge such animal or animals when no enclosure
of sttch cultivated fields or land or lands sown in domestic
grasses or clovers for hay, pasture or orchard or vineyard lands
is required by law, shall be liable to the party or parties sus-
taining injury by such breach or trespass for all damages, she
or they may have sustained by reason of such breaching or
trespassing as aforesaid, to be recovered in a civil action by
the owner or tenant of such enclosure or such described lands
or fields before any competent tribunal, or by arbitration, each
party to select a property owner and the arbitrators to select
a third.
(Sections 145, 146, 147, 148, 149 ,150, 151—-Repealed. )
Sec. 152. Before damages for the breach mentioned in the
46 CATTLE SANITARY BOARD.
preceding sections can be collected it must be proved that the
enclosure was a legal fence, which is hereby defined to be with-
in the meaning of this act, a strong, substantial enclosure, or-
dinarily sufficient to turn animals; said enclosure to be not less
than four feet in height and to be constructed of posts and
planks, posts and wire, rails, poles, pickets, stone, adobe or any
other substantial material, or of one or more of the materials
specified ; Provided, The above described fences shall be law-
ful fences in all counties in this Territory.
Sec. 153. Nothing in this act shall be construed to prevent
the right of appeal by either party from the award of arbitra-
tion or finding of the justice of the peace; Provided, Said ap-
peal is taken within ten days from the time of such finding or
the return of such award; And Provided, Further, That appeai
from the award of said arbitration shall be taken to the district
court of the county from the office of the justice of the peace
as other appeals are taken. (See also Chapter 92, Laws of
1901. ) .
(Sections 154 and 154-a, Repealed.)
(Sections 155 to 169, Inclusive, Relate to Sheep. )
Sec. 170. Every person having or possessing, taking care
of or managing cattle, whether he be the owner, agent or man-
ager of any herd of cattle or stock, of whatever number there
may be, he shall be subject to make roundups of said herd at
his own ranch or grazing place on being ordered by the justice
of the peace of his own precinct, as hereinafter provided, i
order to enable every person interested in taking care of or rais-
ing cattle to record said herd or herds, and to separate any cat-
tle that may be legally claimed, if the same belongs to said
person or persons. Should there be any co-operating in said
rounding of said herd which is to be thus rounded up, together
with the owner or owners or herders in charge thereof, all and
every one of the persons presenting themselves asking the re-
cording of said herd thus gathered to permit any interested
party the necessary time to record and separate as many of the
above described animals as he may legally prove, as hereinafter
provided, belonging to each person.
Sec. 171. For the purpose and intents of the present act the
county commissioners in the several counties of this Territory
are authorized and empowered to divide their respective coun-
ties in as many roundup districts as the number of precincts
comprised in the counties may permit, not to exceed three pre-
_cincts to every roundup district, taking in consideration the
situation, distance and all other circumstances that may lead
TERRITORY OF NEW MEXICO. 47
them to apportion said districts to the best advantage and con-
venience possible of its inhabitants, and within which district
all justices of the peace in the respective precincts shall con-
stitute, when assembled, a board of inspectors for rounding
purposes in said district, and thus assembled shall determine
and fix, through public notices, posting the same in conspicu-
ous places in their precincts, fixing the day in which said
roundups will take place in any of the neighboring ranches,
according to the location thereof, so as to enable every owner
of herds to attend said roundups at their proper time, and as
the general interests of interested parties within the district
may require, in proportion to the neighborhood. Said public
notices shall be posted up by the board of inspectors at least
one month before each rounding takes place. The time to
have said annual roundups shall be in the months of June and
September of each year. Said justices of the peace thus con-
stituting the board of inspectors of the roundups shall act in
their official capacity under the same official oath and qualifica-
tion of justice of the peace in and for his precinct and the coun-
ty which elected them, as now provided by law.
Sec. 172. Any person presenting himself with a view of
taking animals, from any roundups, before separating any of
said animals, shall show to the owner thereof, or herder in
charge of said herd, the letter of his brand, marks and signs
under which he claims to separate said animals, should there
be any of those described in said herd, and any person failing
to show said marks, as materially represented, whether made
by a blacksmith, or certificate to that effect signed by a record-
ing officer stating that said marks have been recorded and are
recognized as the marks of such person for the purpose of
branding his animals, together with the signs under which he
claims.
Sec. 173. Whenever any person may claim in such round-
ups for another, as his agent, he shall show a power of attor-
ney authorizing him as such, showing the mark or brand, as
required in the foregoing, section, so that he may legally separ-
ate and drive cattle, or any other animals herein described from
said roundups. Any person or persons who should voluntari-
ly permit the taking off of animals from his herd without hay-
ing had proof as to the rights thereof, or any person separating
or driving maliciously, or under pretext that he could not sep-
arate the animals, shall be fined before any justice of the peace
in a sum of not less than twenty-five dollars, and shall further-
more be responsible for damages to the injured party.
48 CATTLE SANITARY BOARD.
Sec. 174. Whenever there shall be found in any of said
roundups, animals or cattle whose owner shall not appear, it
shall be the duty of the owner of said herd, should the same
be cows with calves, whose calves are not branded or marked,
to mark said calves, marking the same in the ears or head, the
same marks in the ears or head which are found in the cow, or
mother. It shall also be the duty of the owner or owners,
agent or herder in charge of said herd or herds, after the second
roundup is over to make written report before the correspond-
ing justice of the peace within his district stating the color of
the animals and their marks or signs, which are found in said
herd without having been claimed. The justice of the peace,
before whom said report is made, shall have a book provided
for the purpose of recording the color and marks of said ani-
mals, the date and the name of the person reporting them,
which book shall be furnished by the county under the direc-
tion of the board of county commissioners of his respective
county, and in which book the said justice of the peace shall
write the heading, “Animals without owner.’ Said justice
of the peace shall authorize the person reporting said animal
or animals to keep the same under his care for the term of one
year, or until the owner may appear, and the person in charge
of said animal or animals shall be entitled to receive a recom-
pense of fifty cents per head (not including young calves) eacii
month from:the date of the recording, payable out of the pro-
ceeds of the sale of the same, which have been taken care of
for one year, or by the owner, if he should appear before the
end of the year, which person in charge of said animals shall
be held liable for said animal or animals until the disposition
of the same is made by said justice of the peace, and in case
the said person in charge of said animals, as aforesaid, should
claim that the same, or a portion thereof have died, or strayed,
or been stolen, he shall prove the same to the full satisfaction
of said justice who, on being convinced of the truth of the re-
port, shall discharge such person of the responsibility, but he
shall not be entitled to pay for such animals. !
Sec. 175. Any person having strayed animals can go before
any justice of the peace in order to examine his record, and if
he proves to the satisfaction of said justice of the peace that
animals such as those described in such record belong to him,
after each owner of animals paying fifty cents to the justice
of the peace, then the said justice shall order. the person in
charge thereof to deliver said animal or animals describing
properly the colors and marks to the person having before him.
TERRITORY OF NEW MEXICO. 49
proved his right thereto, on such person paying the fees for the
keeping of the animals as provided in the foregoing section.
Sec. 176. Whenever any of the above described animals
have remained under the charge of any person by the author-
ity of any justice of the peace for the term of one year without
any person claiming them, the said justice of the peace, after
being informed by the person or persons in charge of said ani-
mals, that the same exist, then and in such case he shall, through
public notices, fix the day in which said animal or animals are
to be sold at public auction for cash to the highest bidder, by
the constable of his precinct, the expenses of herding to be paid
from the proceeds of such sale as above stated, fifty cents to
the justice of the peace for each record, and twenty-five cents
for the order to sell the same and the recording of his file, and
one dollar to the constable effecting such sale; the surplus of
such sale shall be paid into the school fund by said constable for
the use of the same upon a certified list of said justice of the
peace.
Sec. 177. There shall be allowed to each justice of the peace
for his services as required in section one hundred and seventy-
one, the sum of three dollars for each one of said meetings or
consultations held for the purpose of making roundups and the
publication of the notices relative to the time and mode in
which said roundups are to be conducted, and also to give cer-
tificates of sale in favor of any person who may buy animals
as hereinbefore determined to be sold at public auction by his
constable, which shall be paid from the funds of his respective
county, and the commissioners of said county are hereby au-
thorized, and it is made their duty to issue their warrants in
favor of said justice of the peace so entitled respectively as
herein provided.
Sec. 178. Any person or persons who on being required by
the justice of the peace of his precinct, and being a district as
heretofore provided, and having or being the owner, agent,
herder or overseer of any number of ten or more cattle should
fail to co-operate in the roundups and gathering of herds in
his vicinity, in the manner and time as determined by the board
of inspectors of said district, as provided in section one hundred
and seventyone, upon conviction thereof before said justice of
the peace, shall be fined in any sum not less than ten dollars,
and shall be subject for the damages to the party or parties in-
jured.
50 CATTLE SANITARY BOARD.
Sec. 179. Whenever two or more persons having their
herds so close the one to the other that it may result in a mix-
ture thereof, and any owner or owners being compelled to
gather the same in order to separate cattle, outside of the time
of general roundups, as hereinbefore provided, it shall be law-
ful for such person being thus obliged, to notify and request of
his neighbors that he is compelled to do so because of his neces-
sity, and that he desires that such herd be gathered up, giving
his reasons to ask such partial roundups, and said owners or
herders in charge of said herds shall co-operate in said roundup
in order to enable said neighbor to separate herds or cattle
without suffering any further damage. The person or persons,
owners of herds as above said, refusing to comply with the
request, shall be liable to damages to the party injured thereby,
and to pay a fine before any justice of the peace of not less than
five dollars, or as the amount of damages originated may be.
Sec. 180. Whenever dangerous bulls of bad breed are found
in any herd and remain there doing damage to the owner of
said herd for the term of fifteen days, driving off or horning
his own bulls, it shall be lawful for the owner or person in
charge of said herd to geld any such dangerous bull or bulls,
vicious or of low grade, in order to avoid the damage which
may follow to the owner of said herd; Provided, That if the
owner of said bull or ‘bulls above feanonel is nowt and it
is within the power of the owner or herder of said herd, he shall
notify the owner of said bull or bulls to take out or separate a
same in order to avoid such damage.
CHAP TERY.
DISEASED CATTLE—PROVISIONS CONCERNING.
Whereas, The fact has become well established that cattle
imported into the Territory of New Mexico from ranges in
any part of the State of Texas, south and east of a line com-
mencing at the northwest corner of the County of Wichita;
thence running due south along the western line of Wichita
and Archer counties to the northeast corner of Throckmorton
county; thence due west to the northwest corner of said coun-
ty; thence due south to the southwest corner of Throckmorton
county; thence due west to the northwest corner of Sheckel-
ford county; thence due south to the southwest corner of said
TERRITORY OF NEW MEXICO. 51
county; thence due west to the northwest corner of Taylor
county; thence along the north line of Nolan and Mitchell
counties to the northwest corner of Mitchell county; thence
due south to the southwest corner of said Mitchell county;
thence due west along the south lines of the counties of How-
ard, Martin and Andrews, to a point where the southeast cor-
ner of the Territory of New Mexico and the southwest corner.
of the County of Andrews, in the State of Texas, meet;.
thence due west along the south boundary line of the Terri-
tory of New Mexico, to a point where the monuments mark-
ing the boundaries between the State of Texas and the Terri-
tory of New Mexico, and in the State of Chihuahua in the
Republic of Mexico, and erected by the boundary commission,
stand and are in place at the date of enactrnent of this law,
and more particularly the Counties of El Paso, Presido, Pecos,
Tom Green, Crockett, Mitchell, Sheckelford, Throckmorton,
Archer and Wichita, in the State of Texas, and ail the coun-
ties east and south of the counties hereinbefore mentioned and
situated in the aforesaid State of Texas; also that part of the
Republic of Mexico lying north and east of the Mexican Cen-
tral Railway to the twenty-sixth degree of latitude; thence on
said line to the Rio Grande, at any time from the fifteenth day
of March to the fifteenth day of November of each year, will
communicate to and infect cattle then grazing or living on
ranges in said territory upon or through which such imported —
cattle shall then stray or be driven with a certain fatal disease,
commonly known as Texas, or splenic fever;
And Whereas, The fact has become well established that
such imported cattle, so as aforesaid communicating such
Texas or splenic fever, never show any symptoms of the dis-
ease from which the same may be determined by an inspector
thereof ;
And Whereas, Certain other contagious and infectious dis-
eases, and particularly contagious pleuro-pneumonia, have
been and are existing an epidemic among the cattle in certain
localities within the United States and beyond the limits of
said territory; therefore for sanitary purposes only;
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Sec. 181. The word “cattle” used in the preamble of this
act and wherever used in any of the sections or provisions of
such act, shall be understood and construed as bovine cattle
52° CATTLE SANITARY BOARD.
only, and shall not relate to or include any other kind of do-
mestic animals.
(Sec. 182—Amended and Repealed. , See Chapter 49,.
Laws 1905.)
Sec. 183. A majority of the members of said saiutary
board shall constitute a quorum, authorized to transact all
business properly coming before them under the provisions of
this act.
Sec. 184. Said sanitary board is hereby authorized, em-
powered and required to prevent the introduction into this
Territory, or the spreading therein of Texas or splenic fever,
contagious pleuro-pneumonia, tuberculosis, or any other con-
tagious or infectious diseases affecting cattle wherever the
same may be found to exist in the Territory, and to adopt,
publish and enforce such quarantine rules and regulations as
may be necessary to carry into effect the provisions of this act
and not inconsistent therewith, and to make and enforce such
rules and regulations as may be necessary to provide for the
inspection of cattle for sale and slaughter.
Sec. 185. It may be the duty of said board and they are
authorized to employ some competent veterinary surgeon,
who shall be a graduate in good standing of some recognized
college of veterinary surgery and science, and when necessary,
to bring him to their aid for the inspection of live cattle, hav-
ing or suspected of having some contagious or infectious dis-
ease, or for the examination of any cattle that shall have died
or shall be -suspected of having died of some such disease, as
well as for consultation as to the most practical and effective
method of stamping out or preventing the spread of any such
disease among cattle within said Territory, and for the per-
formance of any other service within the line of their duties or
of his profession as said board shall determine and when and
where they shall direct.
The said board shall fix the compensation to be paid to said
veterinary surgeon at a salary not to exceed the rate of one
thousand five hundred dollars per annum and his actual and
necessary traveling expenses in the performance of his duties.
Such compensation shall be paid by said board out of the ~
fund hereinafter provided for and at such times as shall he
specified in the contract therefor with said veterinary surgeon.
Sec. 186. It shall be the duty of said board to provide suit-
able books, in which they shall cause to be entered true and
TERRITORY OF NEW MEXICO. ‘58
itemized accounts of all receipts and expenditures by them or
under their direction and specifying what for; also an entry
therein of all cattle (1f any) imported into the Territory in
violation of any of the provisions of this act, so far as the same
shall come under their supervision or to their knowledge, and
to this end said board shall require said veterinarian, or they
may employ a secretary to perform such work, who shall act
as its secretary and make the proper entries in said books and
to write out its reports required as hereinafter provided. Said
books and all entries therein, shall constitute a public record,
and at all reasonable times shall be open for examination by
any and all parties interested.
Sec. 187. It is and shall be unlawful for any person, per-
sons, company or corporation to drive, convey, transport or
aid therein or to cause or procure to be driven, conveyed or
transported into the Territory of New Mexico, during any
time in each year between the fifth day of March and the first
day of November, any cattle from any part of the State of
Texas south and east of a line commencing at the northwest
corner of the County of Wichita; thence running due south
along the western line of Wichita and Archer counties to the
northeastern corner of Throckmorton county; thence due west
to the northwest corner of said county; thence due south to
the southwest corner of Throckmorton county; thence due
west to the northwest corner of Shackelford county; thence
due south to the southwest corner of said county; thence due
west to the northwest corner of Taylor county; thence along
the north line of Nolan and Mitchell counties to the northwest
corner of said Mitchell county; thence due south to the south-
west corner of said Mitchell county; thence due west along the
south line of the Counties of Howard, Martin and Andrews to
a point where the southeast corner of the Territory of New
Mexico and the southwest corner of Andrews county, in the
State of Texas, meet; thence due west along the south boun-
dary line of the Territory of New Mexico to a point where the
monuments marking the boundaries between the State of
Texas, the State oF Chihuahua, in the Republic of Mexico,
and the Territory of New Mexico, and erected by the United
States boundary commission, stand and are in place at the
date of the enactment of this law, and more particularly the
Counties of E] Paso, Presidio, Pecos, Tom Green, Crockett,
Mitchell, Shackelford, Throckmorton, Archer and Wichita, in
the State of Texas, and all counties east and south of the coun-
54 CATTLE SANITARY BOARD.
ties hereinbefore mentioned, and_ situated in the aforesaid
State of Texas, and that part of the Republic of Mexico lying
north and east of the Mexican Central railway to the twenty-
sixth degree of latitude; thence east with said line to the Rio
Grande.
This section is designated to operate only as a quarantine
regulation against the introduction of Texas and splenic fever,
and shall not be operative against any railroad company or
corporation in transporting cattle from the aforesaid prohib-
ited district, in the State of Texas and the Republic of Mexico,
entirely through and beyond the limits of this Territory by
rail; Provided, That such cattle are not unloaded while in
transit through the Territory, except into secure quarantine
stock yards, provided by such company or corporation, and
used exclusively for that purpose; And Provided, Further,
That during such transit through the Territory, while such
- prohibition is in force, such cattle shall be so securely confined
that none of them shall get loose either from the cars or any
such quarantine stock yards and go upon the grounds outside
thereof.
That so much of section one hundred and eighty-seven which
applies as a quarantine regulation against the Counties of El
Paso, Reeves and Jeff Davis, in the State of Texas, is hereby
repealed, and said quarantine line shall be the south boundaries
of said counties.
Sec. 188. Whenever it shall come to the knowledge of said
board or of said veterinarian that any contagious or infectious
disease, other than fever covered by this act, and the nature
of which is known to be fatal to cattle, has become epidemic or
exists in any locality or localities, in any state or territory be-
yond the limits of this Territory, they or either of them shall
immediately communicate the fact to the governor of the Ter-
ritory in writing, and thereupon or when the governor _ shall
have otherwise good reason to believe that any such fatal dis-
ease other than Texas fever so exists or has become epidemic,
the governor shall immediately issue and publish by a general
proclamation, such rules and regulations as the board may
adopt, specjfying such localities and thereby prohibit the im-
portation therefrom into this Territory of any cattle except
under such restrictions and safeguards as the board may deem
proper and shall specify for the protection of cattle in this
Territory. | Any person, persons, company or corporation,
who after the publication of such proclamation shall knowing-
TERRITORY OF NEW MEXICO. 55
ly receive in charge any cattle, the importation of which inte
this Territory shall have been so prohibited, .or shall drive,
transport or in any manner convey the same to and within the
limits of this Territory, or shall knowingly cause or procure
the same to be driven, transported or conveyed into such Ter-
ritory, in violation of such proclamation, or shall violate any
of the provisions of section one hundred and eighty-seven of
this act, by driving, conveying or transporting or aiding there-
in, or causing or procuring to be driven, ccumred or transport-
ed into this ft erritory any cattle which are thereby declared to
be unlawful, shall be deemed guilty of a misdemeanor, and
upon conviction shall be fined not less than one hundred dol-
lars nor more than five thousand dollars for each and everv
offense, and shall also become liable in civil action for any and
all damages and loss sustained by any person, persons, com-
pany or corporation by reason of such importation of such
cattle.
Sec. 189. After the issuance and publication of any procla-
mation by the governor, as provided by this act, and while
such proclamation shall continue in force, or while the pro-
hibition against the importation of cattle from certain parts:
of Texas and Mexico, as specified in section one hundred and
eighty-seven of this act, shall be in force, or either of them,
it is and shall be lawful for any person, persons, company or
corporation to drive or transport or cause to procure to be.
driven or transported into this Territory any cattle that by
any direct or circuitous route might have come from any
_place or district covered by such prohibitions, or either of
them, without first having obtained a certificate of health from
said veterinarian or a _ permit in writing from said board
through any of its employes, under such rules and regulations
as such board shall prescribe and publish for the information
of the public. | Any person failing to comply with this pro-
vision after due notice, shall be deemed guilty of a misde-
meanor, and upon conviction shall be fined not less than five
hundred dollars nor more than five thousand dollars, and shall
also be personally liable for all loss and damages sustained by
any person or persons by reason of the introduction of any con-
tagious or infectious disease from the cattle so unlawfully im-
ported into this Territory, and during the issuance of said
proclamation and the enforcement of this law, all cattle de-
siring to enter the Territory’must submit to an inspection, nor
shall they be permitted to enter the Territory until a written
56 “CATTLE SANITARY BOARD.
or printed permit is issued by a member of the board, the vet-
erinary surgeon, or an inspector appointed by said board. Any
person may require the person in charge of the-cattle to pro- —
duce for his inspection the permit and any person refusing to
produce said permit at any time within a year from the time
the cattle were driven in, shall be held to be guilty of the viola-
tion of this law and shall be subject to all the penalties pro-
vided by this section.
Sec. 190. To aid in the enforcement of the quarantine pro-
visions of this act, for the sanitary protection of cattle in this
Territory and in ferreting out and detecting any violations
thereof, it shall be the duty of said board, and they are hereby
authorized to employ for that service, in addition to said
veterinarian, as many other competent and discreet persons
from time to time as emergencies may arise, as in their judg-
ment they shall deem necessary for that 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 to direct them as to what
duties they are to perform, as well as ‘to when, where, and
how such duties shall be performed. All such persons re-
spectively so employed shall make true reports in writing to
said board of their doings under such directions.
Sec. 191. Whenever said board, during the continuance in
force of any prohibition against the importation into this Ter-
ritory of cattle under any of the provisions of this act, shall
have good reasons to believe or suspect that any such cattle
against the importation of which such prohibition then exists,
have been or are about to be driven, conveyed or transported
into this Territory, in violation of any such prohibition, then
existing and then in force, it shall 'be the duty of said board,
either by its own members or through said veterinarian or
through one or more of such persons then in their employ, as
provided by this act, or through any or either of them, as cir-
cumstances shall seem to require, to thoroughly investigate
the same, and to this end they may examine, under oath or af-
firmation, any person or persons in charge of such cattle or
any person or persons cognizant of any facts or circumstances
material to such investigation, as to any and all facts connect-
ed with the driving or transportation of such cattle, including
the place or places from which said cattle or any of them have
been driven or transported; the places or districts through
TERRITORY OF NEW MEXICO. ly
which they or any of them have been driven or transportec;
the length of time, and where they or any of them have re-
mained, fed or grazed at any designated place or district; what
contagious or infectious disease of cattle, 1f any, they or any
of them, have been exposed to, and when and where, and as
to any other facts or circumstances material to such investiga-
tion and reduce such testimony to writing in all cases, where
the certificate of health or the permit in writing herein pro-
vided for shall be refused. To this end the members of said
board, said veterinarian, and all other persons as aforesaid so
in the employ of said board through whom any such investi-
gation shall be made, hereby are, and each of them is, author-
ized to administer all oaths and affirmations required in any
such investigation. If any such investigation is made by
such veterinarian and thereupon he is satisfied that such cattle
are free from all contagious and infectious diseases specified
in this act and will not communicate any such disease to any
cattle in this Territory, he shall deliver to the person in charge
of such cattle a certificate of health to the effect that such
cattle are healthy and entitled to pass into the Territory, other-
wise he shall refuse the same; and if such investigation shall
be made by any other person or persons authorized as herein
specified to make the same and thereupon he or they shall be
satisfied that such cattle will not transmit to the cattle in this
Territory any cattle disease specified in this act, and that the
facts and circumstances attending their transportation warrant
the presumption that such cattle are not from that part of the
State of Texas, or the Republic of Mexico, the importation of
cattle shall then be prohibited under this act, then he or they
shall give the person in charge of such cattle a written permii
to pass the same into the Territory, otherwise such permit
shall be refused.
Sec. 192. It shall be the duty of said board to make all
useful rules and regulations respecting examinations and in-
vestigations for the granting or refusing of certificates of
health and permits provided for in the next succeeding section
of this act, and give ample publicity thereto, so that all per-
sons, companies and corporations who may desire to drive or
transport any cattle into the Territory may be conveniently
advised of what will be required to obtain any such certificate
or permit during the existence of any prohibition to the im-
portation of cattle into the Territory under this act, and of -
when, where and to whom applications therefor may be made.
58 CATTLE SANITARY BOARD.
Sec. 193. Every person, company, corporation, or their or
either of their agents or employes, having in charge cattle
destined for introduction into this Territory during the exis-
tence of any prohibition against such importation, under this
act, of cattle, may make application for said certificate of health
or permit to the proper person designated at the place nearest
to the proposed point of entrance into the Territory, specify-
ing in such application, the time and place, where and when
such cattle will be ready for inspection and the circumstances
of the importation investigated, which place shall be beyond
the boundary lines of the Territory. Such application — shall
be made at least ten days before the time specified for such
inspection. | Any person, corporation, or their or either of
their agents having cattle in charge to be driven or transported
into this Territory from any place in another state or terri-
tory, may have such inspection and examination at such place
before starting with such cattle, as he shall so elect; provided
he shall pay all expenses of such inspection and investigation
including per diem and traveling expenses for the person or -
officer making the same and designated for that purpose by
said board.
Sec. 194. Whenever any cattle shall be driven or trans-
ported into the Territory without obtaining a_ certificate of
health or permit by the person in charge thereof, in any case
where such certificate or permit is required by the provisions
of this act, and if such cattle shall have been inspected and an
investigation had in relation thereto and such certificate or
permit refused, as required by this act, then such cattle may
be seized and securely held in: quarantine under such reason-
able rules and regulations as shall be prescribed therefor by
said board, and as they may deem necessary to guard against
other cattle becoming affected with any cattle disease covered
by this act; and they shall be held in quarantine for such length
of time as such board shall in their opinion deem necéssary
for the sanitary protection of cattle in this Territory. And
if such cattle shall not have been so inspected and an investi-
gation had, then the same shall take place wherever the cattle
may be found, and they may be seized and held for that pur-
pose and a certificate of health or permit granted or refused,
as the case may require, and if refused, the cattle may in like
manner be held for quarantine. All the necessary expenses
of quarantine and inspection under the provisions of this sec-
tion shall be paid by the owner or owners of such cattle.
TERRITORY OF NEW MEXICO. 59
Sec. 195. All expenses incurred in and by the inspection
and quarantine. of cattle under the preceding section, shall be
a lien on such cattle to secure the payment thereof in favor of
said board, as an indemnity, for the expenses so incurred; and
all loss and damages incurred and_ suffered by any person,
company or corporation, by reason of any cattle disease cov-
ered by this act, disseminated among or communicated to, cat-
tle in this Territory by cattle driven or transported into such
Territory in violation of any of the provisions of this act, shall
be a lien on the cattle so unlawfully imported in favor of
the person, company or corporation so incurring or suffering
such loss or damage thereby. All liens covered by this section
shall take precedence and priority over any other lien or en-
cumbrance on any such cattle existing at the time of their
unlawful importation as aforesaid, or at any time subsequent
thereto. All such liens shall subsist and become effective as
security for ultimate payment without any other act or pro-
ceeding whatever, and after judgment any such lien may be
foreclosed by sale of the cattle on execution.
Sec. 196. In order to enforce the one hundred and ninety-
fourth and one hundred and ninety-fifth sections, the board
or any member thereof, or any one they may authorize, shall
seize any cattle that may come into this Territory during the
enforcement of this law without first having obtained a permit.
After the seizure such cattle shall be held in close quarantine
until the board is satisfied all danger has passed, and either of
the parties above named and empowered to mike the arrest’
may call on any party within a reasonable distance to assist
in making the seizure of said cattle, and any one refusing to
so assist shall upon complaint and proof of such an officer to
the justice of the peace, be fined not less than twenty-five nor ~
more than one hundred dollars or to be imprisoned in the
county jail not to exceed three months. | When the board is
satisfied that there is no further danger from the seized cattle,
they may render a bill of costs to the owner or claimant, and
upon the payment of the sum, release such cattle, or they may
advertise such cattle in a public newspaper for at least two
weeks, and then sell them to the highest bidder, retaining only
enough to satisfy all expenses incurred, or they may turn loose
such cattle on the range or return them to the place of entry.
All persons who are summoned to assist in seizing said cattle
shall be allowed a reasonable compensation for such service,
not to exceed two dollars per day for man and horse, or four
60 CATTLE SANITARY BOARD. ©
dollars per day for a man and team of two. horses, nor shall
any person be required to assist in the seizure for more than
ten consecutive days.
Sec. 197. (See also Amendment in Chap. 1, Laws 1903).
In all cases of contagious and infectious disease covered by
this act, including Texas or splenic fever, existing or becom-
ing epidemic on premises previously quarantined, as provided
by this act, said board is authorized and empowered to cause
the slaughter of cattle upon such premises which are known
to be so diseased or have been exposed to such disease, when
said veterinarian shall decide that same is necessary for the
sanitary protection of other cattle and shall so advise such
board, and said board shall be of the same opinion and shall
order such slaughter to be done; Provided, however, That no
such cattle shall be slaughtered that have no disease nor have
been exposed to any disease, including Texas or splenic fever.
Such slaughter of cattle shall be done under the superintend-
ence of said veterinarian or board, who prior thereto, shall
notify the nearest justice of the peace and deliver to him the
order therefor; such justice shall thereupon select and sum-
mon before him three cattlemen of the neighborhood, who
shall have no interest in the cattle to be slaughtered, to act
as appraisers of the value of such cattle, and administer to each
of them an oath to make a true, faithful and impartial appraise-
ment of the value of the cattle to be slaughtered, without pre-
judice against or favor to anyone. Thereupon said apprais-
‘ers shall inspect such cattle and make such appraisement there-
of. They shall also return to each justice certificates of their
valuation of each animal so appraised, containing an accurate
description thereof, with brands, ear marks, wattles, age, sex,
color and class, as near as may be. One of such certificates
to be filed with the justice, one to be delivered to the owner of
the cattle to be slaughtered and one to be transmitted to the
said board by said justice. The fees of justices of the peace
for services herein provided, shall be the same as for similar
services as fixed by law, and said appraisers and all necessary
employes for the slaughter of animals and destruction of their
carcasses, as provided by this act, shall receive three dollars
per day and their necessary expenses while engaged therein,
all of which shall be paid by said board upon their order. Such
veterinary surgeon shall also superintend the destruction of
the carcasses of each animal and each part thereof which shall
be by burning the same to ashes.
TERRITORY OF NEW MEXICO. 61
- Sec. 198. In making such appraisement said appraisers
shall consider the effect of the disease on the value of each
animal and the certificate of such veterinarian or board as to
the probable fatality of the same. All claims for indemnity
to owners of cattle slaughtered, as provided by this act, shall
be presented to said board and passed upon by said board and
allowed and paid upon its order to the extent of the appraised
value of the animals slaughtered, as herein provided, and owned
by such claimant; Provided, Such animals are such as_ the
slaughtering of which an indemnity is allowed under this act,
and the proceedings in regard to such slaughter and appraise-
ment have been regular. Such application shall be accom-
panied with the certificate of appraisement delivered to such
owner. ’
' Sec. 199. Owners of cattle appraised and slaughtered as
herein provided shall be entitled to indemnity therefor to the
extent of such appraised value except in the following cases:
First. For animals belonging to the United States.
Second. For cattle brought into the Territory in violation
of any of the provisions of this act.
Third. For cattle that had the disease for which they were
slaughtered or had been destroyed by reason of exposure tc
the disease at the time of their arrival into the Territory. ,
Fourth. For cattle which the owner or claimant knew to be
diseased or had notice thereof at the time they came into his
possession.
Sec. 200. In case of epidemic or contagious disease (in-
cluding Texas or splenic fever) may become known to the
board to exist or shall be likely to exist or shall be threatened
within the Territory, and the board may deem it necessary to
use more money than the present assessment (one-half of one
mill on each dollar) may yield, then they may summon the gov-
ernor, treasurer and auditor of the Territory to meet as a Ter-
ritorial Cattle Sanitary Board, at the governor’s, treasurer’s
or auditor’s office, in the City of Santa Fe, and if this board
upon meeting, shall determine it to be to the best interests of
the cattlemen of the Territory to do so, they may order a levy
not to exceed one-fourth of one per cent of the assessable value
of cattle within the Territory, or they may issue bonds in the
denomination of one hundred dollars, bearing interest not to
exceed eight per cent., payable annually; interest and bonds
are payable at the First National Bank of Santa Fe, N. M.
Said bonds shall run from five to eight years and are payable
62 - CATTLE SANITARY BOARD.
at any time after five years. The bonds will be signed by the
president of the Cattle Sanitary Board and by the treasurer oi
the Territory, and by the latter registered in a book to be pro-
vided by the Cattle Sanitary Board, which book shall be con-
tinued in the possession of the treasurer of the Territory and
his successors. The governor of the Territory will preside
at all meetings of the Territorial Cattle Sanitary Board, and
a record of each meeting will be made by the treasurer of the
Territory, and also by the secretary of the Cattle Sanitary
Board. The bonds shall be sold at the highest obtainable
price. Whenever the Territorial Cattle Sanitary Board may
think best, they may order a levy not to exceed one-eighth of
one per cent of the assessed value of cattle within the Terri-
tory, and continue said levy yearly until a sufficient sum is
realized to pay said bonds with the yearly accruing interests
Said leVy shall constitute a sinking fund for the payment cf
said bonds and for no other purpose. Said .sinking fund
shall be deposited with the territorial treasurer, who shall give
a good and sufficient bond, to ‘be approved by the governor,
for a sum equal to the bonds and interest. The levies pro-
vided for by this act shall be made by the several county com-
missioners of the different counties at the expense of such
counties making such levies. The territorial treasurer shall
pay said bonds in their numerical order. Notice of payment
will be posted in the First National Bank, of Santa Fe, N. M.,
sixty days before payment. The bonds when paid shall be
destroyed by the treasurer and auditor of the Territory and a
record of the same by the treasurer. It shall be the duty
of the governor to demand of and cause to be executed a bond
by each of the members of the Cattle Sanitary Board to the
Territory of New Mexico with two or more sufficient securi-
ties, and in such sum as will cover the amount, which may be
raised and collected by the aforesaid levies, condition for the
faithful disbursement of said moneys. In the event that
either of said members do not execute said bonds within twenty
days, his or their office will be vacant, and the governor will
at once fill such vacancy and require the two bonds provided
for in this act.
Sec. 201. The compensation of said veterinary surgecn
and of all other employes by or under said board, and in the
first instance, all other expenses incurred by or under said
board, as provided by this act, shall be paid by said board or
upon its order out of the funds hereinafter provided for; such
TERRITORY OF NEW MEXICO. 63
board taking or causing to be taken proper vouchers for all
moneys so expended by them.
Sec. 202. In the aggregate amount of money to be expend-
ed by said board in any one year, they are hereby limited to
the amount actually provided for that year under this act, as
near as they can estimate.
Sec. 203. Hereafter, each year, it shall be the duty of the
county commissioners of each county in the Territory, at their
first meeting after the return of the assessment of the property
for taxation by the county assessors respectively, to levy a
special tax of one-half (1-2) of one (1) mill on each dollar
of the appraised value of all cattle in their county, to be known
as the cattle indemnity fund.
Such special tax shall be collected in the several counties and
paid to the territorial treasurer in the manner provided by law
for the collection and payment to such treasurer of other terri-
torial taxes. Such fund shall be kept separately by such
treasurer, and shall be used exclusively for the payment cf
indemnity claims for cattle that shall be slaughtered, and for
fees, salaries, wages, costs and expenses provided under the
provisions of this act, and shall be paid out by such treasurer
on the order of said board. All moneys shall be assessed,
levied and collected at the expense of the several counties, and
where the commissioners of any county shall neglect or fail
to make said levy they shall become personally responsible to
the cattle indemnity fund in an amount equal to twenty-five
per cent of the levy.
Sec. 204. Said veterinary surgeon before entering upon the
discharge of his duties shall take and subscribe an oath, before
some officer ‘authorized to administer oaths, to well and im-
partially perform all professional duties assigned him, and
each member of said board before entering upon the discharge
of his duties shall take and subscribe an oath to faithfully and
impartially discharge his duties to the best of his ability, and
execute a bond in the penal sum of five thousand dollars to the
Territory of New Mexico, with two or more sufficient sureties,
conditioned for the faithful disbursement of all moneys. Such
bond shall be approved by the governor, and each of said oaths.
and bonds shall be filed with the territorial auditor.
Sec. 205. The members of said board shall receive no
compensation for their actual and necessary expenses while
in the performance of their duties, and for such expenses they
may be reimbursed out of said indemnity fund.
64 CATTLE SANITARY BOARD.
Sec. 206. It shall be the duty of such Board and they are
hereby required during the first week in December of each
year, to transmit to the governor a report of their doings un-
der this act, containing a detailed account of all the receipts
and expenditures of money by them, together with such other
facts within the line of their duties as may be of public inter-
est. Any such report shall be transmitted by the governor
to the next legislative assembly.
Sec. 207. That in addition to the powers and duties now
conferred and prescribed by law to be exercised and performed
by the Cattle Sanitary Board created by an act of the legisla-
tive assembly of this Territory, entitled “An act to prevent
the introduction of diseased cattle into New Mexico,” which
became a law on the twenty-eighth day of February, 1889,
the said sanitary board shall have and exercise the powers and
perform the duties prescribed by this act. |
Sec. 208. In the exercise of the powers and performances
of the duties conferred and prescribed by this act, the said
sanitary board shall and may make all necessary rules and reg-
ulations respecting the inspection of cattle intended for ship-
ment or to be driven beyond the limits of this Territory; and
also respecting the inspection of hides and slaughter houses
in this Territory, and for the government of all employes of
the said sanitary board.
Sec. 209. It shall be the duty of the said sanitary board to
cause to be inspected the brands and ear marks upon the cattle
shipped or driven out of this Territory, and to cause to be kept
and preserved a true and correct record of the result of such
inspections, in the office of the secretary of said sanitary board,
which record shall set forth the date of the inspection, the
place where, and the person by whom made, the name and
postoffice addresses of the owner, shipper or claimant of the
cattle so inspected, and the names and postoffice addresses of
all persons in charge of such cattle at the time of the inspec-
tion, the destination of such cattle, as well as a list of all brands
and ear miarks upon the cattle so inspected, and the number
and classification of such cattle.
Sec. 210. It shall be the duty of every person shipping or
driving cattle out of this Territory to hold the same at some
convenient place for inspection, as provided by this act, and it
shall be unlawful for any person to ship, drive or in any man-
ner remove beyond the boundaries of this Territory any herd
TERRITORY OF NEW MEXICO. 65
or band of cattle until me shall have been inspected as pro-
vided by this act.
(Sec. 211—Repealed. )
Sec. 212. Every person, company or corporation, or their
or either of their agents, servants, or employes, having in
charge cattle destined for transportation by rail or to be driven
beyond the limits of this Territory, may make application to
the proper inspector to inspect the brands and ear marks of any
such cattle, stating in such application the time and place, when
and where said cattle will be ready for inspection, and it shall
be the duty of such inspector, or of some other inspector to be
designated by the said sanitary board, to attend at the time
and place designated in such application and inspect the said
cattle, make the record and give the certificate required by the
provisions of this act, free of charge, to the owner of said cat-
tle; Provided, however, That in the case of cattle transported
cut of this Territory by rail, the place of inspection shall be at
some stock yards, or other convenient place near the proposed
point of shipment of said cattle from the Territory; and Pro-
vided, Further, That if the owner or person in charge of said
cattle shall cause any reasonable delay or loss of time to such
inspector, such owner or person in charge of any such cattle
shall pay the expenses and salary of such inspector during such
delay or loss of time. (Amended by Chapter 53, Laws ’go,
Seew2.)
Sec. 213. Every inspector employed by the sanitary board
under the provisions of section one hundred and ninety shail
in addition to the duties prescribed by the said act, be an in-
spector of brands and ear-marks and also the inspector
of hides and slaughter houses under the provisions of
this act, and it shall be the duty of some one of such inspectors
to inspect the brands and ear marks of all cattle transported
or driven out of this Territory, and to make a sworn report to
the secretary of the said sanitary board of the result of such
inspection at least once in every thirty days and oftener if, in
the opinion of the sanitary board, it shall be necessary to do so;
every slaughter house in this Territory shall be carefully in-
spected by some one of the inspectors aforesaid, and all hides
found in such slaughter houses shall be carefully compared
with the records of such slaughter houses and a report in writ-
ing setting forth the number of cattle killed at any such
slaughter house since the last inspection (or since the passage
of this act, as the case may be), the names of the persons from
66 CATTLE SANITARY BOARD.
whom each of said cattle was bought, the brands and marks
upon each, and any information that may be obtained touching
the violation by the owner of any such slaughter ‘house, or any
person, of the provisions of an act entitled “An act for the pro-
tection of stock, and for other purposes,’ approved April 1,
1884. (See section eighty-four.) | For the purpose of mak-
ing the inspection authorized by this act, any inspector em-
ployed by the said sanitary board shall have the right to enter
in the day or night time any slaughter house or other place
where cattle are killed in this Territory, and to carefully ex-
amine the same, and all books and records required by law to
be kept therein, and to compare the hides found therein with
such records. | Any person who hinders or obstructs, or at-
tempts to hinder or obstruct any inspector employed by the
said sanitary board in the performance of any of the duties
required of him under the provisions of this act shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be
fined in any sum not exceeding one hundred dollars, at. the
discretion of the court trying the case.
Sec. 215. The records required to be kept by the secretary
of the said sanitary board shall be kept in a well bound book,
to be provided by the board for that purpose, and a certified
copy of any such record under the hand and seal of the secre-
tary of the board shall be “prima facie’ evidence in all courts
of this Territory of the truth of any fact required to be record-
ed therein by this act.
Sec. 216. Any inspector employed by the said sanitary
board who shall knowingly make any false certificate under
the provisions of this act, or who shall knowingly swear falsely
as to the truth of any report made by him to the secretary of
said sanitary board or who shall accept any bribe or compensa-
tion for the performance or failure to perform any of the duties
prescribed by this act, except such compensation as may be
paid him by the said sanitary board, shall upon conviction
thereof be fined in any sum not exceeding one thousand dol-
lars, or imprisoned in the territorial prison not exceeding five
years at the discretion of the court.
Sec. 217. The secretary of the said sanitary board shall
receive such compensation as shall be fixed by the said board,
not exceeding one thousand dollars per annum. (Amended
by Chap. 30, Sec. 2, Laws of 1905). He shall keep a record
of all inspections of brands and ear marks in well bound books
to be provided for that purpose, and shall perform such other
TERRITORY OF NEW MEXICO. 67
duties as shall be prescribed by the board. He shall take and
subscribe an oath faithfully to perform all of his duties of sec-
retary of such board, and shall enter in bond in the penalty of
five thousand dollars, with good and sufficient sureties, to be
approved by the said sanitary board, conditioned for the faith-
ful performance of his duties. Any person injured by any
misfeasance, malfeasance or nonfeasance of said secretary may
institute an action on said bond in the name of the Terrtiory
of New Mexico, for his use and benefit, in any court of com-
petent jurisdiction, and recover thereon such damages, not
exceeding the penalty of the bond, as he shall have sustained
by such misfeasance, malfeasance or nonfeasance.
Sec. 218. The salaries of all employes and all other ex-
penses incurred by the said sanitary board shall be paid as now
provided by law, except that in addition to moneys hereafter
to be raised by taxation all surplus moneys now in the treasury
arising from the special tax known as the cattle indemnity
fund, shall be available for that purpose.
Sec. 219. Any person, firm or corporation who shall violate
any of the provisions of this act, or who shall remove any cat-
tle beyond the lintits of this Territory, without having the same
inspected as required by this act, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in any
sum not less than one hundred dollars and not more than five
thousand dollars, in the discretion of the court; but nothing
in this act contained shall be construed as in any manner affect- .
ing the laws now in force respecting the larceny of cattle.
Sec. 220. In order to provide the necessary moneys for the
payment of the expenses incurred by the Cattle Sanitary Board
of New Mexico in the execution of the provisions of an act
entitled ““An act in relation to live stock,’ approved February
14, 1891, the said board shall have power to borrow money and
to issue negotiable paper therefor; but the indebtedness so
created shall not at any time exceed the sum of five thousand
dollars, and any indebtedness so created shall be paid out of
the revenue accruing to the cattle indemnity fund from taxes
levied and assessed or to be levied and assessed upon cattl.
only, and from fees arising from the inspection of cattle and
hides as hereinafter provided, and not otherwise.
: (Note:. Sec. 221—Repealed. )
Sec. 222. All inspection fees and charges shall be paid to
the secretary of the said board, who shall transmit the same to
68 CATTLE SANITARY BOARD.
the territorial treasurer to be placed to the credit of the cattle
indemmity fund.
Sec. 223. (As Amended by Laws 1903). Said board
shall have power to sell all unclaimed cattle, horses, mules and
asses which may come into its possession and to make all
necessary rules and regulations for the government for such
sale as well as for the disposition of the proceeds thereof, but |
all moneys arising from the sale of unclaimed cattle shall be
paid into the territorial treasury to the credit of the cattle in-
demnity fund and paid out as other moneys in the said fund.
Sec. 224. All moneys arising from the sale of unclaimed
cattle remaining in -the treasury for the period of twelve
months, shall be deemed forfeited to the said fund by the owner
or owners thereof; Provided, That the said board shall he
required to make reasonable rules and regulations to enable
the owners therof by the use of reasonable diligence to know
of the existence of such moneys and to claim the same.
Sec. 225. All acts and parts of acts in conflict with this act
are hereby repealed, and this act shall take effect and be in
force from and after its passage; but nothing in this act shall
be construed to repeal the provisions of any existing act author-
izing the levy of a special tax upon cattle for the benefit of the
cattle indemnity fund.
An ACT FOR THE PREVENTION OF CONTAGIOUS DISEASES
Amonc CaTtLe. H. B. 61; Approved March 18, 1897.
Sec. 226. Whenever the Cattle Sanitary Board of this Ter-
ritory shall have reason to believe that contagious pleuro-
pneumonia, tuberculosis, or any other contagious or infectious
disease fatal to cattle, exists or has become epidemic upon any
premises or in. any locality in this Territory, it shall be the duty
of said board to employ a competent veterinarian, who shall
examine, and if deemed necessary, quarantine, under such
rules and regulations as the said board may prescribe, all
cattle suspected of being diseased or that have been exposed to
such disease.
Sec. 227. Whenever it shall be necessary, in the opinion of
said veterinarian, in order to stamp out and prevent the spread
of such disease, that the diseased cattle and those that have
been exposed thereto, should be slaughtered, he shall report the
same to said sanitary board, and if the said board be satisfied
of the correctness of said report and the necessity therefor, they
shall cause such cattle to be slaughtered under the direction
TERRITORY OF NEW MEXICO. 69
of the board or said veterinarian, and the carcasses to be dis-
posed of as the board may direct.
Sec. 228. Prior to such slaughtering the Hoa shall ap-
point one disinterested person, resident of the county wherein
such cattle are to be slaughtered, who shall act with a like dis-
interested person to be appointed by the owner of such cattle,
and fix the price to be paid out of the cattle indemnity fund or
the funds realized from the special tax provided for in section
twenty of chapter one hundred and six, Session Acts of 1889,
as an indemnity for the slaughter of such animals, and in
event said two appraisers are unable to agree, they shall choose
a third disinterested resident of said county to act with them
in such appraisement.
Sec. 229. All claims for indenmity for cattle slaughtered
under the provisions of this act shall be presented to the board,
with the sworn certificate of such appraisers and shall be paid
out of any funds at the disposal of said board not otherwise
apropriated; Provided, That no indemnity shall be paid for
cattle which were diseased when brought into this Territory
or which the owner thereof knew or had reason to believe were
so diseased when they came into his possession, nor for any
cattle brought into the Territory contrary to law. Any per-
son aggrieved by such appraisement and award may appeal to
the district court for the county in which said cattle were
slaughtered, but such appeal shall not delay the slaughtering of
such cattle; and such appeal shall be docketed and tried as
appeals from justices of the peace are docketed and tried.
Sec. 230. Any person or persons, or the agent or employe
of any firm or corporation, who shall refuse to permit animals
suspected of being diseased to be inspected, quarantined or
slaughtered, as provided in this act, or who shall willfully in-
terfere with said veterinarian or the sanitary board, or any of
its officers or employes in the discharge of their duties in re-
lation to the inspection, quarantine or slaughter of such ant-
mals, shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be fined for such offense in a sum of not
less than fifty nor more than one hundred dollars, or impris-
oned. in the county jail for not less than thirty nor more than
sixty days, or both such fine and imprisonment in the discretion
of the court or justice trying the case.
Sec. 231. The Cattle Sanitary Board of New Mexico shall
have authority to employ a competent attorney to give advice
and counsel in regard to any matter connected with the duties
70 CATTLE SANITARY BOARD.
of the board, to represent the board in any legal proceedings,
and to aid’in the enforcement of the laws in relation to live
stock, and to fix the compensation to be paid to such attorney.
For the purpose of providing funds therefor and for the
employment of additional inspectors, and other necessary ex-
penses incurred by said board, a special tax shall be levied upon
all cattle in the several counties of this Territory in the manner
and according to the provisions of section twenty, of chapter
one hundred and six, of the Acts of the Twenty-eighth Session.
of the Legislative Assembly of the Territory of New Mexico,
which levy shall be within the limit provided for in said sec-
tion. Upon the order of the governor, auditor and treasurer,
as provided in said section, the county commissioners of the
several counties shall cause such levy to be made upon the
assessed valuation of all cattle of the bovine species within
their respective counties and shall cause such tax to be collect-
ed and paid over to the territorial treasurer to the credit of the
cattle indemnity fund.
CEL ietas i. Le
INDIAN STOCK—PROVISIONS CONCERNING.
Sec. 232. It shall not be lawful for any Indian, belonging
to any savage tribe, to permit any mule or horse, under his con-
trol or in his possession, to be loose or grazing, from the first
day of April to the first day of December, within one league
of any cultivated field or ranch, in the possession of any civil-
ized inhabitant of this Territory.
Sec. 233. Whenever any mule, or horse, the property of, or
in the possession of any Indian, as aforesaid, shall be found
loose, in violation of the above section, it shall be lawful to
seize and take such mule or horse, by any force that shall be
sufficient, and immediately convey such mule or horse to the
nearest justice of the peace within the Territory. .
Sec. 234. Upon such animals being taken before the jus-
tice of the peace, proof shall be made of the finding of the
same, and thereupon the justice of the peace shall summon
three disinterested residents of the precinct, who shall then be
duly sworn by the justice to truly assess any damages which
TERRITORY OF NEW MEXICO. ral
the said mule or horse had done to any cultivated field or ranch,
while loose, contrary to the provisions of this act.
Sec. 235. Upon the report of the appraisers so sworn, the
justice shall render his judgment for the amount assessed in
favor of him who received the damage by reason of said mule
or horse being loose, as also, in all cases, the sum of two dol-
lars, to be paid to the person taking up such animal, and car-
rying the same to the justice. The justice shall also give
judgment for all reasonable costs and charges properly at-
tending the prosecution of the cause.
Sec. 236. If, within ten days of the rendition of the judg-
ment any Indian of the tribe to whom the horse or mule be-
longs shall appear before the justice and claim the horse or
mule, and shall satisfy the justice that the claim is made in
good faith, and shall pay into the office of the justice the full
amount of the judgment and costs, the justice shall cause such.
horse or mule to be delivered into the hands of such Indian. |
Sec. 237. If the mule or horse shall not be so redeemed
within ten days, the justice shall issue his execution to the
constable to sell the mule or horse, and the same shall be sold
in the same manner as other property by virtue of execution;
Provided, The said mule or horse may be redeemed, as afore-
said at any time before sale. )
Sec. 238. Out of the proceeds of said sale, the full amount
of the judgment and costs shall be paid into the office of the
justice, and the justice shall, within one month, report the
overplus to the county treasurer, and pay the same into the
county treasury, and take the treasurer’s receipt therefor.
_ Sec. 239. Whenever any horse or mule, the property of any.
savage Indian, shall be found injuring the property of any
citizen of this Territory, or any animal, it shall be presented
as already indicated in this law; and if there is an Indian agent
or sub-agent in the place, it shall be the duty of the person in-
jured to advise the agent or sub-agent of the damage done him
by the animal or animals of the Indian or Indians; and if the
agent or sub-agent does not have said damage paid, then the
justice of the peace, where the complaint is made, shall pro-
ceed as provided in this act.
Sec. 240. An Act approved January 13, 1860, shall be de-
clared as embracing and to be applicable in all its provisions to
the several pueblos of Indians who reside within the limits of
the organized counties of this Territory, for the purpose of
preventing equally the damages and injuries that said com-
munities of Indians commit upon our citizens, with all classes
of animals.
72. CATTLE SANITARY BOARD.
CHAPPER VIE
ANIMALS INJURED BY RAILROADS.
Sec. 241. (Sec. 241 as amended by Chap. 86, Laws of
1901.) Hereafter every railroad corporation whose lines
of road, or any part thereof, are open for use, shall, within six
months after the passage of this act, and every railroad com-
pany formed or to be formed, but whose lines are not now
open for use, shall, within six months after the lines of such
railroad or any part thereof are open, erect and thereafter
maintain fences on the sides of their said railroad, or the part
thereof so open for use, suitable and amply sufficient to pre-
vent cattle, horses, sheep, mules, burros and hogs from get-
ting on the said railroad, except at the crossings of public
roads and highways and within the limits of towns, cities and
villages, and shall also construct, where the same has not al-
ready been done, and hereafter maintain at all public road
crossings, now existing or hereafter established, cattle guards
suitable and sufficient to prevent cattle, horses, sheep, burros,
mules and hogs from getting onto said railroad. If any rail-
road corporation shall fail to construct such fences and cattle
guards as herein directed, each and every one of said railroad
corporations so failing to comply with the directions of this
act, shall be liable in damages in the manner and to the extert
hereinafter limited, and provided. And any railroad corpora-
tion which has so failed to fence its line, in addition to the
penalties above described shall be and hereby is required ‘to
post a notice in a conspicuous place upon its depot building at
the county seat of the county through which its line or lines
may run, every ninety (go) days fixing therein a full descrip-
tion of the brands and marks of every animal killed or
damaged during the ninety days next preceding the posting
of said notice.
Sec. 242. Whenever any cattle, horses, sheep, mules, bur-
ros, or hogs shall be killed, injured or destroyed by any rail-
road company operating a railroad in this Territory or by its
agents, trains, cars or locomotives, at any point on its line of
road, where by law such railroad is required to be fenced, and
the owner of any such animal, so killed, injured or destroyed,
TERRITORY OF NEW MEXICO. 73
shall make affidavit of his ownership and of the injury or
destruction of said property, and of the value of the same or
of the amount of injury done thereto, and file the same with
and give ninety days’ notice in writing to any station agent,
employed in the management of the business of such railroad
company, in the county where the killing, injury or destruc-
tion complained of shall have been committed, such killing,
injury or destruction is hereby made prima facie evidence of
the negligence on the part of such railroad company; and if
such railroad company, at the expiration of said ninety days
shall not have paid for the animal killed the fair market value
thereof, or if the animal has not been killed, the actual amount
of damage done by reason of the injury inflicted by such rail-
road company, upon suit brought for the recovery of damages
tor such killing, injury or destruction, judgment shall be ren-
dered against said railroad company for the actual value of
the animal or for the damage inflicted, if the animal has not
been killed, unless said company shall be able to overcome the
presumption of negligence based upon the fact of the killing,
injury or destruction as herein provided and establish that such
killing, injury or destruction was not the result of negligence
on the part of said railroad company or its agents in the man-
agement of its trains, cars or locomotives; Provided, That if
the owner make claim for a greater sum than the actual market
value of the property killed or destroyed, or for greater dam-
age than was sustained by him on account of any injury to any
such animal or animals, then and in such event, in case jude-
ment shall be rendered against the railroad company for a
sum not exceeding or for a less sum than, the amount offered
and for which voucher was tendered by such railroad company
in settlement and satisfaction of such claim, the costs of the
action shall be taxed against such owner; And _ Provided,
Further, The provisions of this act shall apply to railroad cor-
porations in the hands of receivers and in order to sue sucn
receiver it shall not be necessary to obtain permission of the
court by whom such receivers were appointed.
Sec. 243. That for the purpose of this act a sufficient and
suitable fence is defined and declared to be a fence at least four
and one-half feet high, constructed of posts and wire, the top
wire to be four and one-half feet above the ground and shall
have at least four wires upon posts not exceeding twenty feet
apart.
74 CATTLE SANITARY BOARD.
LAWS OF 1899
CHAPTER XV:
An Act IN RELATION TO BrANpDs. Approved February 16,
1899.
See also Chapter 95, Laws 1905.
Whereas, There are now on record in the territorial brand
book sixteen thousand brands, many of which are known to
be obsolete and out of use; and,
Whereas, The finding of any brand for neat cattle which
does not so cover and damage the hide as to greatly diminish
the value of the animal so branded, is very difficult, and for
the purpose of correcting the record of brands and the elimina-
tion of those brands known to have been abandoned and which
are now obsolete;
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. The Cattle Sanitary Board of New Mexico shall
have the power and shall cause all brands now in actual use to
be re-recorded. For this purpose the Cattle Sanitary Board
shall issue its circular letter to the owner or owners of any
brand now appearing upon the brand record in the office of the
secretary of the board, requiring the owners of said brand to
furnish the secretary with an exact fac simile of any brand or
brands now being used by such owners. In addition to the
above notices the Cattle Sanitary Board shall cause such circu-
lar letter and blank applications for re-recording to be filed with
all inspectors of the board, postmasters, or in some public place
in each town or village in the Territory, and shall also cause the
publication in either Spanish or English or both, in at least one
paper in each county, of the requirements of this act, such pub-
lication to continue for not less than four weekly issues.
Sec. 2. Within six months from the date of the first pub-
lication it shall be the duty of all owners of brands now of
TERRITORY OF NEW MEXICO. 75
records in the office of the Cattle Sanitary Board to have filed
with the secretary of said board a fac simile of the brands now
in actual use and owned by them. By actual use is meant
brands kept up, and which must be so marked as kept up, or
brands not kept up on increase, but which are holding brands
on cattle or horses now actually owned by them. All brands
re-recorded under the provisions of this act shall be recorded
free of cost to the owner of said brands, except for the internal
revenue stamp required by the United States internal revenue
laws of 1808, if filed within six months, as hereinafter provid-
ed, otherwise the owner shall pay the usual fee and shall he
subject to the restrictions for recording brands as now pro-
vided by law.
Sec. 3. Any person, company or corporation who shall
cause to be recorded a brand not the property of such person, -
company or corporation, or who shall cause any brand to be
recorded under the provisions of the preceding sections, in
which there are no cattle of which such brand is the holding
- brand, or any probate clerk or ex-officio recorder who shall
record a brand unless accompanied by a certificate of the sec-
retary of the Cattle Sanitary Board, as now provided by law,
or any person who shall use a brand cancelled, as hereinafter
provided, shall be guilty of a misdemeanor, and shall upon
conviction, be fined in a sum not less than twenty-five dollars.
and not more than one hundred dollars for each and every of-
tense; said fine to go to the school fund of the county where
the offense is committed.
Sec. 4. All brands now of record in the office of the Cattle
Sanitary Board and not re-filed within six months hereinbefore
provided, shall be declared unnecessary, obsolete, useless, can-
celled, expunged, and not of record; provided, that it shall be
proven to the satisfaction of the Cattle Sanitary Board that any
brand now of record, was, either by omission or error, not
re-recorded, as herein provided, the Cattle Sanitary Board
shall cause the same to be re-recorded.
Sec. 5. Any brand offered for record under the provisions
of this act, the Cattle Sanitary Board shall have the power to
reject, if upon satisfactory evidence it is shown to the said
board that the same is offered for, or is of such character that
it is likely to be used for malicious or deceptive purposes, or
not in conformity with the provisions of section 2 of this act.
Sec. 6. This act shall be in force from and after its pas-
76 CATTLE SANITARY BOARD.
sage, and all acts and parts of acts in conflict herewith are
hereby repealed.
NOTE—Section 2 of this act contains amendment as passed by laws
of 1905, Chapter 14.
CHAPTER 44°
AN ACT FOR THE PROTECTION OF STOCK RAISERS, AND TO
PREVENT THE SALE OF DressED MrEats From ANIMALS
THat Have BEEN STOLEN IN THE TERRITORY OF NEW
Mexico. S. H. B. 67; Approved March 15, 1899.
Contents.
Sec. 1. Persons offering dressed meat for sale shall exhibit the hide
with such meat. Duty of butcher or dealer to keep record
of brands, etc.
Sec. 2. Such record of brands, etc., open at any time to inspection,
Proviso.
Sec. 38. Butcher or dealer failing to inspect hide and make record,
guilty of felony. Proviso.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That hereafter persons engaged in the business
of butchers or of buying or selling dressed meats in the Ter-
ritory of New Mexico, shall not after the passage of this act
buy from any person or persons any dressed beef, or the car-
casses or portions thereof of any sheep or goat, unless the
person offering such meats or any of them for sale, shall at the
same time exhibit to such butcher or dealer in such meats, the
hide or hides of the animal or animals from which said meat
was taken and until such butcher or dealer in dressed meats
shall have entered in a book, to be kept by him for that pur-
pose, a full and complete description of such hides, giving the
ear marks, brands of each hide so exhibited separately, also the
color, character and age of the animal from which each of said
hides was taken, as nearly as possible at the time.
Sec. 2. That the record of marks and brands and descrip-
tion of hides of animals, the meat of which is purchased by
butchers or dealers in fresh meats, as provided for in Section
1 of this Act, shall be preserved by him and at all times kept
in a convenient place for the inspection of the inspectors ap-
pointed by the sanitary board, of the cattle owners and of any
TERRITORY OF NEW MEXICO. 77
other persons who may be interested in such hides, or the ani-
mals from which the same were taken to the officers of the
law.
Provided, Any person selling or offering for sale any fresh
meats as prescribed in this bill the same having been killed
within the Territory, shall produce at the time of said sale or
offer for sale is made, the hide of the animal or animals, the
meat of which he sells or offers to sell. And if such person
shall upon the demand of any hide or cattle inspector of the
Cattle Sanitary Board, or any peace officer or any other per-
son, fail to produce and exhibit the hide or hides of such ani-
mal or animals, at the time such sale or offer for sale is made,
they shall be deemed guilty of a felony and upon conviction
thereof in any of the courts of this Territory having jurisdic-
tion of such cause, shall be fined in any sum not less than
twenty-five nor more than three hundred dollars or by im-
prisonment for a term of not less than six months nor more
than two years or both in the discretion of the court trying
said cause.
This proviso shall not apply to nor be in force against per-
sons who may have purchased meat from any person or per-
sons who have displayed to the purchaser the hide or hides of
the animal or animals from which said meat was taken.
Sec. 3. That any butcher or dealer in dressed meats in the
Territory of New Mexico, either at wholesale or retail, who
shall purchase the carcasses of any cattle, sheep or goats, or
shall buy any portion of the carcasses of any such animal er
animals, without having first inspected the hide or hides of
such animals and making the record of the marks and brands
of such sheep or goats, 1f any, and without having made the
record, the marks, brands, color, and character of each hide as
hereinbefore provided shall be deemed guilty of a felony, and
upon conviction thereof in any of the courts of this Territory.
having jurisdiction of such cause, shall be fined in any sum
not less than twenty-five dollars nor more than one thousand
dollars, or by imprisonment for a term not less than six
months nor mire than three years, or both in the discretion
of the court trying said cause.
Provided, That this act shall in nowise apply to dressed
meats of any and all kinds which may or shall be shipped into
this Territory from any other state or territory, nor to meats
purchased by one dealer from another authorized butcher or
78 CATTLE SANITARY BOARD. t
dealer in dressed meats, who has complied with the require-
ments of this act and _ the laws now in force relating to
butchers.
Sec. 4. All acts and parts of acts in conflict with this act
are hereby repealed, and this act shall take effect and be in fnll
force and effect from and after its passage.
(This Act Amended by Chapter 14, Acts of 1905.)
CHAPTER 53.
COUNCIL SUBSTITUTE FOR HOUSE SUBSTITUTE FOR COUNCIL
BILL NO. 45.
An. Act IN RELATION TO THE SHIPMENT OF CATTLE, TO
PROVIDE FOR THE INSPECTION OF SAME, AND TO REPEAL
SECTIONS 21I AND 221 OF THE COMPILED Laws or NEw
MEXICO OF 1897.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That hereafter it shall be unlawful for any per-
son, firm or corporation to offer, and for any railroad company
or other common carrier to receive for purpose of shipment and
transportation from points within to other points within or
beyond the limits of the Territory, any herd, band or consign-
ment of cattle unless the same shall have been duly inspected
by a duly authorized inspector, and a certificate of such inspec-
tion issued by such inspector as required by the laws of this
Territory. .
Sec. 2. That there shall be a fee, or charge, for the inspec-
tion of cattle hereafter inspected under the provisions of this
act of three cents per head, and such fee, or charge, shall be a
lien upon the cattle inspected under the provisions of this act
until the same shall be paid. Each inspector of cattle shall
keep a complete record in a proper book of all cattle inspected
by him, giving all brands and marks and the name or names of
the shipper or shippers of the same, and a copy of said record
shall be filed with and preserved by the Cattle Sanitary Board
of the Territory. :
Sec. 3. That any person, firm, corporation, common car-
rier, railroad company or agent thereof violating any of the
provisions of this act, or refusing to permit the inspection of
TERRITORY OF NEW MEXICO. 79
any cattle as by this act provided, shall, upon conviction there-
of, be deemed guilty of a misdemeanor, and shall be fined in
any sum not exceeding one thousand dollars for each violation
of this act.
Sec. 4. That sections 211 and 221 of the Compiled Laws of
New Mexico of 1897, be and the same are hereby repealed;
and this act shall take effect and be in force from and after its
passage.
Approved the 16th day of March, A. D. 1899.
(Signed ) MicueEt A. OTERO,
Governor of the Territory of New Mexico.
(CISUAIE INDIR ee
' An Act TO PREVENT THE LARCENY OF LivE STOCK IN THE
TERRITORY OF NEw Mexico. dH. B. No. 111; Ap-
proved March 12, Igot..
Contents.
Section 1. Calves and Colts not to be separated from mothers. Pro-
viso.
Sec. 2. Freshly Branded Live Stock not to be Confined in Any Man-
ner nor Offered for Sale. Exceptions. Term “Freshly
Branded” Defined.
Sec. 4. Penalties for Violations.
See. 5. Animals to be Held as Estrays. Duties of Inspectors. Dis-
position of Money Received from Sales. .
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That hereafter it shall be unlawful for any
person, firm or corporation to hold under herd, confine in any
pasture, building, corral or other enclosure, or to picket out,
hobble, tie together or in any manner interfere with the free-
dom of calves of neat cattle or colts of horses, asses and burros
which are less than seven months old except such young ani-
mals be accompanied by their mothers.
This provision shall not apply to the calves of milch cows
when such cows.are actually used to furnish milk for house-
hold purposes or for carrying on a dairy; but in every such
case the person, firm or corporation separating calves from
their mothers for either of these purposes, shall, upon the de-
80 CATTLE SANITARY BOARD.
mand of any cattle owner, sheriff, inspector or any other offi-
cer, produce, in a reasonable time, the mother of each one of
such calves so that interested parties may ascertain if the cow
does or does not claim and suckle such calf.
Sec. 2. That hereafter it shall be unlawful for any person,
firm or corporation to hold under herd, confine in any pasture,
building, corral or other enclosure, or to picket out, hobble, tie
together or in any manner interfere with the freedom of, or to
sell, offer to sell any freshly branded neat cattle, horses, mules,
asses or burros.
This provision shall not apply to any freshly branded ani-
mal which may have been previously branded with an older
and duly recorded brand, and for which animal the claimant
has a legally executed bill of sale from the owner of the older
brand; nor to young animals under the age of ten months
which are accompanied by their mothers; nor to the calves of
milch cows when such cows are actually used to furnish milk
for household purposes, or for carrying on a dairy; but in every
such case the person, firm or corporation, separating calves
from their mothers for either of these purposes shall, upon the
demand of any cattle owner, sheriff, inspector or other officer,
produce, in a reasonable time, the mother of each of such
calves so that interested parties may ascertain 1f the cow does
or does not claim and suckle such calf.
The term “Freshly Branded” shall be construed to include
any animal on which there is a brand that has not peeled oft
and fully healed.
Sec. 3. That whenever the plural form of the name of any
kind of animal is used in this act, it shall be considered to mean
one or more of such animals.
Sec. 4. That any violation of this act shall be considered
a misdemeanor and any person violating the provisions thereof
or any of them, either as principal or when acting for, or as
manager of the business of any firm or corporation shall, upon
conviction, be punished by a fine of not less than two hundred
nor more than one thousand dollars or by imprisonment in the
county jail, for not less than six months nor more than eleven
months, or by both such fine and imprisonment, at the dis-
cretion of the court trying the same. The fines assessed and
collected under this act shall go one-half into the Court Fund,
and one-half into the Wild Animal Bounty Fund of the county
in which the case is tried.
TERRITORY OF NEW MEXICO. _ 81
Sec. 5. That all animals held in violation of this act shall
be considered estrays, and it shall be the duty of any inspector,
appointed by the Cattle Sanitary Board of the Territory of
New Mexico, who shall receive notice of such violation, to
take into his possession as estrays or unclaimed live stock all
such animals and hold them for proof of ownership. If the
ownership of such estrays be not proved within ten days, they
shall be sold by the inspector having them in charge at the
highest price obtainable; the funds received from such sale,
after the costs of keeping and sale have been deducted, shall
be turned over to the cattle board to be kept and disposed of in
the same manner as is now provided by law for funds arising
from the sale of estrays.
Sec. 6. That all acts and parts of acts in conflict herewith
are repealed and this act shall be in force from and after thirty
days from its passage.
LAWS OF 1901
NOTE—Section 2 of this Act Repealed Laws 1905, Chapter 130.
CHAPTER 28.
Aw Act To Prevent Droves, HERDs or FLocKs OF ANIMATS
From TRESPASSING Upon PRIVATE LANDS AND WATER.
C. B. No. 60; Approved March 16, root.
Contents.
Section 1. Animals must not be permitted to trespass upon Private
Lands and Water Rights. Notices to be Posted or Served.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That after the passage of this act it shall be un-
lawful for any person, persons, company or corporation, or
their or either of their agents or employes having charge of
any drove of bovine cattle, horses, sheep goats or other animals
to permit or allow such herd of animals to go upon the lands
of others in this Territory for the purpose of grazing or water-
ing upon any waters upon such lands, without the permission
of the owner or legal claimant, or his or their agent. The
82 CATTLE SANITARY BOARD.
provisions of this act shall apply not only to titled lands in this
Territory, but to any lands upon which any person may have
a valid existing filing under the laws of the United States, or
any lands which may be leased by any person fromi the Terri-
tory of New Mexico. (Sec. 2—Repealed.)
Any person, persons, company or corporation who may claim
the benefits of the protection of this act, shall carefully and
conspicuously mark the line or lines of his or its lands, so that
such mark may be easily seen by persons handling such droves,
flocks or herds of animals, and shall post a notice upon such
land conspicuously, warning against trespassing thereon, or
shall serve personal written notice giving description of such
land by government surveys or by metes and bounds.
Sec. 3. This act shall take effect and be in force from and
after its passage.
CHAPTER 31.
An AcT GRANTING POWER TO MUNICIPAL CORPORATIONS TO
PROHIBIT THE RUNNING AT LARGE OF ANIMALS AND
AUTHORIZING THE IMPOUNDING AND SUMMARY SALE
OF SAME. H. B. No. 43; Approved March 19, Igot.
Contents.
Section 1. Municipal Corporations Empowered to Prohibit the Run-
ning at Large of Animals.
Be It Bnactéd by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That every municipal corporation or incorpor-
ated city or town in the Territory of New Mexico, incorpor-
ated under any general or special act, shall have power by or-
dinance to regulate, restrain and prohibit the running at large
within the limits of such corporation, of horses, cattle, burros,
swine, sheep and goats, and to provide for the impounding and
the sale of said animals so found running at large.
Sec. 2. This act shall take effect and be in force from and
after its passage.
TERRITORY OF NEW MEXICO. 83
CHAPTER 22:
Aw Act In RELATION TO THE INSPECTION OF ANIMALS AND
FOR OTHER Purposes. C. B. No. 42; Approved March
IS, Igor.
Contents.
Section 1. Live Stock Must be Inspected Before Removal from Ter-
ritory. Fees. Penalties.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section. 1. Hereafter no _ horses, mules or asses, extent
those in actual use as work, draft, driving or saddle animals,
or for use on round ups, shall be removed from this Territory
without having first been duly inspected and _ released by a-
regularly authorized inspector of the Cattle Sanitary Board
of New Mexico. The manner of the inspection herein re-
quired, the procedure, duties and records pertaining thereto
of the Cattle Sanitary Board of New Mexico, and of the offi-
cial inspectors of said board shall be the same as is now pro-
vided by law for the inspectors of cattle. The fee for such
inspection of both horses and cattle, shall be three cents pez
head for every animal either shipped or driven, and for any
violation of the provisions of this act, the same punishment
shall be inflicted and the same penalties shall accrue as pro-
vided in Section 219 of the Compiled Laws of this Territory
for the year 1897.
Sec. 2. This act shall take effect and be in force from and
after its passage.
CHAPTER 4s.
An Act RELATIVE TO THE PEDDLING OF MEATS, AND FOR
OTHER Purposes. C. B. No. 47; Approved March 10,
Igot.
Contents.
Section 1. License must be Procured.
Sec. 2. Penalty.
Sec. 3. Hides must be Inspected Before Shipment. Fee for In-
spection. J
Sec 4. Penalty.
Sec 5. Section 92, Compiled Laws of 1897, Repealed.
84 CATTLE SANITARY BOARD.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexteo:
Section 1. Any person or persons hereafter engaging in the
business of peddling beef in this Territory, shall first obtain
from the authority provided by law for the issue thereof a .
peddler’s license to carry on such business, and _ shall pay
therefor the sum of Two Hundred and Fifty Dollars, said
payment to be made annually in advance, and which said
license fee when collected, shall be covered into the Wild Ani-
mal Bounty Fund of the county, wherein said sum shall be
paid and collected. This act shall not apply to any person
who may sell or otherwise dispose of any beef killed in good
faith, for his own use, and this act is intended to apply only to.
persons as make a business of peddling.
Sec. 2. Any person found peddling beef without first hav-
ing obtained the license provided for in Section 1 of this act,
shall, upon conviction, be deemed guilty of a misdemeanor
and shall be punished by a fine of not less than twenty-five nor
more than five hundred dollars, or by imprisonment in the
county jail for not less than three months nor more than six
months, or, by both such fine and imprisonment and the vio-
lation of any of the provisions of this act shall constitute a
separate offense for each day that such provisions are violated.
Sec. 3. Hereafter it shall be unlawful for any person, firm
or corporation to offer, or for any railroad company, or other
common carrier to receive, for the purpose of shipment or
transprtation beyond the limits of this Territory, any hides
that have not been inspected and tagged by a duly authorized
inspector of the Cattle Sanitary Board of New Mexico, for the
district in which such hides originate. For each hide thus
inspected there shall be paid by the owner or holder thereof,
a fee or charge of ten cents, and such fee or charge shall be a
lien upon the hides thus inspected, until the same shall have
been paid. Each inspector of hides shall keep a complete
record of all inspections made by him, and shall at once for-
ward to the secretary of the Cattle Sanitary Board, on blanks
furnished him for that purpose, a complete report of each in-
spection, giving the names of the purchaser and shipper of the
hides, as well as all the brands thereon, which said report shall
be preserved by the secretary as a part of the records of his:
office.
Sec. 4. Any person, firm or corporation, common carrier,
railroad company or agent thereof, violating any of the pro-
TERRITORY OF NEW MEXICO. 85
visions of this act, or refusing to permit the inspection of any
hides as herein provided, shall upon conviction thereof, be
deemed guilty of a misdemeanor and shall be fined in any sum
not exceeding One Thousand Dollars for each and every vio-
lation of the provisions of this act.
Sec. 5. Section 92 of the Compiled Laws of 1897 is hereby
repealed.
Sec. 6. This act shall take effect and be in force from and
after its passage. |
NOTE—Sections 1, 2, 3, 4, 5 and 6 of the following Chapter have no
‘reference whatever to cattle. Sections 7, 8, 9 and 10 which re-
- late to cattle follow:
CHAPTER 47.
An AcT TO PROVIDE FOR THE APPOINTMENT OF A _ POLICE
Force In UNINCORPORATED CouNntTY SEATS HAVING A
PopuLATION OF More THAN THREE THOUSAND, AND
FOR OTHER Purposes. C. S. for C. B. No. 25; Ab-
proved March 19, Igot.
Contents.
Section 7. Live Stock to be Impounded.
See. 8. May Maintain Public Pound. Estrays to be Sold. Proviso.
See. 9. Private Citizen May Impound Stray Animals.
- (Section 7, Amended by Chapter 25, Laws 1903.)
Section 7. That it shall be unlawful for the owner of any
horse, cattle, sheep, goat, swine, burro, or other domestic ani-
mal to allow any such animal to enter within any public park,
street, alley, avenue, or any other public thoroughfare, in any
unincorporated county seat in this Territory and it shall be the
duty of the Chief of Police of any such unincorporated county
seat to impound any such animal found within any such park,
street, alley, avenue or any other public thoroughfare.
Sec. 8. The county commissioners of the several counties
of this Territory shall have full power and authority to con-
struct and maintain a public pound within such unincorporated
county seat, the expense of which shall be paid out of the spec-
ial fund aforesaid and the chief of police upon impounding any
animal as herein provided shall sell the same to the highest bid-
der for cash after giving notice of the time and place of such
86S CATTLE SANITARY BOARD.
sale by three hand bills posted in public places in such county
seat for a period of five days prior to such sale, and the pro-
ceeds of such sale up to the amount of Five Dollars shall be
retained by such chief of police to cover the expenses which
he may have incurred, and any balance he shall pay to the
county treasurer of such county to be credited to the general
county school fund; Provided, That the owner of any such
animal shall have the right to redeem the same at any time
prior to such sale by paying to,said chief of police One Dollar
for each and every day, or portion of a day, that such animal
may have been in his custody.
Sec. 9. That any citizen shall have the same right to im-
pound any such animal as is herein granted to said chief of
police, and shall at once report such impounding to said chief
of police, who shall proceed in the manner herein provided.
Sec. 10. This act shall be in full force and effect from and
after its passage.
CHAPTER 66.
An Act To AMEND AN ACT OF THE 34TH LEGISLATIVE As-
SEMBLY, ENTITLED “An AcT TO PREVENT THE LARCENY
or Live STocK IN THE TERRITORY OF New Mexico,”
AppROVED Marcu 12, 1901. H. B. No. 237; Approved
March 20, Igo.
Contents.
Section 1. Provisions of Section 2, Chapter 23, Session Laws of 1901.
not to Apply to Certain Animals.
Be It Enacted by the Le gislative Assembly of the Territory of
New Mexico:
Section 1. That Section 2, of “An Act to Prevent the Lar-
ceny of Live Stock in the Territory of New Mexico,” ap-
proved March 12th, 1901, be and the same is hereby amended
by changing the second Cpenge any in said section to read as
follows:
This provision shall not apply to any freshly branded animal
which may have been previously branded with an older and
duly recorded brand, and for which animal the claimant has
TERRITORY OF NEW MEXICO. 87
a legally executed bill of sale from the owner of the older
brand; nor to young animals under the age of ten months
which are accompanied by their mothers; nor to the calves of
milch cows when such cows are actually used to furnish mi{k
for household purposes, or for carrying on a dairy; but in
every such case the person, firm or corporation, separating
calves from their mothers for either of these purposes shall,
upon the demand of any cattle owner, sheriff, inspector or
other officer, produce, in a reasonable time, the mother of each
of such calves so that interested parties may ascertain if the
cow does or does not claim and:suckle such calf.
Sec. 2. This act shall take effect and be in force from and
after its passage.
CREAR GE Re 7s:
An Act TO AMEND SECTIONS I AND 2 OF AN AcT ENTITLED
““an ACT TO PREVENT DROVES, HERDs oR FLOCKS oF ANI-
MALS FROM TRESSPASSSING UPQN PRIVATE LANDS AND
Water,’ HERETOFORE PASSED BY THE 35TH LEGISLA-
TIVE ASSEMBLY, BEING Councit Bitt No. 60. AH. B.
No. 233; Approved March 21, 1901.
ae Contents.
Section 1. Written Notice May be Served Personally.
Be It Enacted by the Legislative Assembly of the Territory cf
New Mexico:
Section 1. That Section One (1) of An Act Entitled An
Act “To Prevent Droves, Herds or Flocks of Animals from
Trespassing Upon Private Lands and Water,” heretofore
passed by the 24th Legislative Assembly, being Council Bill
No. 60, be amended be adding at the end of said Section the
following: “Or shall serve personal written notice giving de-
scription of such land by government surveys or by metes and
bounds.”
Sec. 2. This act shall take effect and be in force from and
after its passage.
88 CATTLE SANITARY BOARD.
CHAPTER 86.
An Act To AMEND SECTION 241 OF THE COMPILED LAws OF
1897, RELATIVE TO THE KILLING OF CATTLE BY RalIL-
ROAD Corporations: C. B. No. 113; Approved March
21, 19OT.
Contents.
Section 1. Liability of Railroads ‘for Cattle Killed. Notice, Giving
Brands and Marks, to be Posted.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That all of that part of Section 241, Compiled
Laws of 1897, beginning with the word “until,” in the fifth
line from the bottom of said Section to the end thereof, be and
the same is hereby stricken out and the following inserted in
place thereof. “If any railroad corporation shall fail to con-
struct such fences and cattle guards as herein directed, each
and every one of said railroad corporations so failing to comply
with the directions of this act, shall be liable in damages in the
manner and to the extent hereinafter limited and provided. And
any railroad corporation which has so failed to fence its line,
in addition to the penalties above described, shall be and hereby
is required to post a notice in a conspicuous place upon its depot
building at the county seat of the county through which its
line or lines may run, every ninety (go) days, giving therein a
full description of the brands and marks of every animal killed
or damaged during the ninety days next preceding the posting
of said notice.
Sec. 2. This act shall take effect and be in force from and
after its passage, and all acts and parts of acts in conflict there-
with are hereby repealed.
’
TERRITORY OF NEW MEXICO. 89
CHAPTER oz.
An Act IN REGARD TO DAMAGES AND OTHER PURPOSES. C.
B. No. 109; Approved March 21, 1901.
Contents.
Section 1. Repealing Sections of Compiled Laws of 1897, Regarding
Damages to Fields.
See. 2. Owners of Animals Damaging Fields Liable Proviso.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. Sections 145, 146, 147, 148, 149, 150, 151,
Compiled Laws, 1897, are hereby repealed. :
Sec. 2. All damage or injury done to any fields sown with
grain shall be paid for by the owner of the animals committing
the said damage or injury after the damage shall have been
appraised or valued by the parties intnerested, or in case of dis-
pute, by two appraisers appointed for the purpose by said inter-
ested parties. Provided, However, if the owners are unknown,
before the Justice of the Peace shall be authorized to proceed
in having the damages assessed or costs incurred further than
as may be with respect to costs for due care of the live stock, if
the same be turned over to his custody, he shall communicate
with the Secretary of the Cattle Sanitary Board of New Mex-
iico, giving all brands and marks on said animals and the parts
of the animals on which the same are placed for the purpose
of ascertaining if the said brands are on record, and if so, in -
whose name they stand recorded, in order that information
of the trespass and damages may be made known to their owner
or owners, and an opportunity be given them to adjust and pay
the same.
Sec. 3. All acts and parts of acts in conflict herewith are
repealed; and this act shall be in force from and after its pas-
sage.
90 CATTLE SANITARY BOARD.
CHAPTER tIo2.
Aw Act TO AMEND SECTION 125 OF THE COMPILED Laws cF
oF 1897. H. B. No. 164; Approved March 21, 1901.
Contents.
Section 1. Killing of Unbranded or Freshly Branded Cattle a Mis-
demeanor. Penalty.
Be It Enacted by the Legislative Assembly of the Territory of
New Mexico:
_ Section 1. That Section 125 of the Complied Laws of 1897
of New Mexico, be amended to read as folloows:
Section 125. Any person, firm or corporation who shall
kill or cause to be killed for sale or use any unbranded neat
cattle, or any cattle on which the brand has not peeled off and
fuly healed, unless such cattle shall have an older.and duly re-
corded brand; or shall purchase and kill or cause to be killed
for sale or use any neat catle, having a brand not legally
owned by such person, firm or corporation, without having
taken a duly acknowledged bill of sale for the same from the
owner thereof, shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be fined any sum not less than
Fifty nor more than Two Hundred Dollars for each offense.
All amounts collected under this Section shall go one-half into
the Court fund and one-half into the School fund of the county
in which such conviction is had.”
Sec. 2. This act shall take effect and be in full force from
-and after thirty days from its passage.
TERRITORY OF NEW MEXICO. 91
LAWS OF 1903
CHAT GRR 1:
An Act RELATIVE TO THE DUTIES OF THE CATTLE SANITARY
Boarp. H. S. ror H. B. No. 75. Approved February
12, 1903.
Contents.
Section 1. Section 197, Compiled Laws of 1897, Regarding Diseases
of Cattle and Powers of Cattle Sanitary Board, Amended.
See. 2. Section 200, Compiled Laws of 1897, Regarding Bond, Issue
and Tax Levy by Cattle Sanitary Board, Amended.
Be it enacted by the Legislattve Assembly of the Territory of
New Mexico:
Section 1. That Section 197 of the Compiled Laws of
the Territory of New Mexico for the year 1897, be, and the
same is hereby amended by striking therefrom the words
“other than” contained in the second line of said section, and
by inserting the word “including” in place thereof; and by
striking therefrom the word “except” at the end of the twelfth
line of said section and by inserting the word “including”’ in
place thereof.
Sec. 2. That Section 200 of the Compiled Laws of the
Territory of New Mexico for the year 1897, be, and the same
is hereby amended by striking therefrom the word ‘‘not” at the
end of first line of said section, and by inserting the word “in-
cluding” in place thereof; and by inserting the words “or shall
be likely to exist or shall be threatened” after the word “exist”
in the third line of said section.
Sec. 3. This act shall be in force from and after its pas-
sage.
92 CATTLE SANITARY BOARD.
CHAPTER 2s.
os
An Act TO AMEND SECTION 7 OF CHAPTER 47 OF THE SES-
sion Laws or NEw Mexico, 1901, Beinc An Act “En-
TITLED AN AcT TO PROVIDE FOR THE APPOINTMENT OF A
PoticE ForcE 1N UNINCORPORATED COUNTY SEATS ©
HaAviInG A PopuLATION OF More THAN THREE THOUS-
AND, AND FOR OTHER PurRposEs.” Approved March
19, 1901. C.B. No. 65; Approved March 10, 1903.
Contents.
Section 1. Section 7, Chapter 47, Lawsof 1901, Regarding impounding
of Live Stock, Amended.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That Section 7 of an act entitled “An Act to
Provide for the Appointment of a Police Force in Unincorpor-
ated County Seats Having a Population of Over Three Thous-
and, and for Other Purposes,” approved March 1gth, 1901,
be amended by inserting in the fourth line of said Section, im-
mediately following the word “park,” the words “‘street, alley,
avenue, or any other public thoroughfare,” and by inserting
immediately following the word “park” at the end of the sev-
enth line of said Section, the words, “street, alley, avenue, or
any other public thoroughfare.”’
Sec. 2. This act shall be in full force and effect from and
after its passage.
TERRITORY OF NEW MEXICO. 93
CHAPTER 8o.
An Act RELATIVE TO BoUNTIES ON WitD ANIMALS. H. B.
No. 94; Approved March 17, 1903.
(Amended by Chapter 77, Laws 19005.)
; Contents.
Section 1. Chapter 10, Laws of 1901, Regarding Bounty on Wild
Animals. Amended.
Sec. 2. Application for Payment of eae Affidavit. Proviso.
Sec. 3. False Affidavit. Penalty.
Be it enacted by the Legislative Assembly a the Territory of
New Mexico:
Section 1. That Section 1 of Chapter 80, of the Laws of
1903, be, and the same is hereby repealed, and the following
substituted in lieu thereof:
The several Boards of County Commissioners are hereby
authorized and directed to levy annually a special tax on all
horses, burros, mules, bovine cattle, sheep and goats that may
be found in their respective counties to any amount not ex-
ceeding eight mills on the dollar on the assessed value thereof,
for the purpose of raising money with which to pay bounties
for the killing of wild animals. Such special tax shall be levied
only for the years 1905 and 1906 and thereafter not to exceed
four mills for any one year shall be levied and collected, in the
manner provided by law for the collection of other county taxes
and paid into the County Treasury as a “Wild Animal Bounty
Fund,” to be used exclusively for the payment of bounties for
the killing of wild animals, at the following rates:
For each coyote, wild cat or lynx, one dollar; for each gray
wolf or lobo and bear, twenty dollars; panther or mountain
lion, ten dollars: Provided, However, That no application for
wild animal bounty shall be approved or paid under the pro-
visions of this Act unless there are funds in the “Wild Animal
Bounty Fund” with which to pay the same: Provided, Fur-
‘ther, That each applicant must present the entire skin of eacn
gray wolf, lobo, panther, bear or mountain lion to the Probate
Clerk and ex-Officio Clerk of the Board of County Commis-
sioners, as now provided by law, to be plop cancelled, be-
fore his claim will be filed.
94 CATTLE SANITARY BOARD.
Said skins to be cancelled in such manner as not to destroy
their marketable value, and when cancelled to be returned te
the owner.
Sec. 2. That each party presenting an application for the
payment of the bounties provided for in Section 1 of this act,
shall make affidavit before the Probate Clerk and ex-Officio
Clerk of the Board of County Commissioners that he killed the
said wild animals in the county wherein he applies for bounty,
setting forth the location and the date of said killing, and
wherever possible, furnishing witnesses to verify his statement:
Provided, That no bounty shall be paid under this act for any
wild animal where claim is not presented within ninety days
from the date it was killed.
Sec. 3. Any person who shall make application for pay-
ment of bounty as provided in this act, for any wild animai
killed outside of the county wherein he makes the application
or who makes a false affidavit to any facts stated in his ap-
plication shall be deemed guilty of a misdemeanor and upon
conviction may be fined in any sum not to exceed fifty dollars
($50.00) for each offense, and all such fines, when collected,
shall be paid into the “Wild Animal Bounty Fund,” of the
county wherein the case occurred. |
Sec. 4. All acts and parts of acts in conflict with this act
are hereby repealed and this act shall take effect and be in force
from and after its passage.
CHAPTER 121.
An Act To AMEND SECTION 223 OF THE COMPILED LAWS OF
1897. H.B. No. 216; Approved March 19, 1903.
Contents.
Section 1. Section 223, Compiled Laws of 1897, Regarding Power of
Cattle Sanitary Board to Sell Cattle. Amended.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That Section 223 of the Compiled Laws of 1897
be, and is hereby amended by adding after the word “cattle’®
in the second line of said Section the following words, to-wit:
‘horses, mules and asses.”’
Sec. 2. This act shall be in full force and effect from and
after its passage.
TERRITORY OF NEW MEXICO. 95
LAWS OF 1905
—_——_—
CHAPTER 14.
Aw Act. EnTITLeD “An Act TO AMEND SECTION 2, OF CHAP-
, TER 44, OF THE LAWS OF THE 33RD LEGISLATIVE ASSEM-
BLY APPROVED MARCH 15, 1899,” THE SAME BEING AN
ACT FOR THE PROTECTION OF THE STOCK RAISERS AND
TO PREVENT THE SALE OF Dressep Meats Tuat Havre
BEEN STOLEN IN THE TERRITORY OF NEw Mesico. C.
B. No. 27; Approved February 22, 1905.
Contents.
Section 1. Section 2, Chapter 44,. Laws of 1899, Relating to the
Record of Brands, Amended.
Sec. 2. Preservation of Brand Records Proviso.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico: :
Section 1. That Section 2 of Chapter 44 of the Laws of the
33rd Legislative Assembly of the Territory of New Mexico,
entitled, “An Act for the Protection of Stock Raisers and to
Prevent the Sale of Dressed’ Meats from Animals That Have
Been Stolen in the Territory of New Mexico, Approved March
_15, 1899,” be amended to read as follows:
Sec. 2. That the record of marks and brands and descrip-
tion of hides of animals, the meat of which is purchased by
butchers or dealers in fresh meats, as provided for in Section
1 of this act, shall be preserved by him and-at all times kept in
a convenient place for the inspection of the inspectors appointed
by the Sanitary Board, of the cattle owners and of any other
persons who may be interested in such hides, or the animals
from which the same were taken by the officers of the law.
Provided: Any person selling or offering for sale any
fresh meats as prescribed in this bill, the same having been
killed within the Territory, shall produce at the time of said
sale or offer for sale is made, the hide of the animal or animals,
the meat of which he sells or offers to sell. And if such person
shall, upon the demand of any hide or cattle inspector of the
Cattle Sanitary Board, or any peace officer or any other person,
fail to produce and exhibit the hide or hides of such animai
96 CATTLE SANITARY BOARD.
or animals, at the time such sale or offer for sale is made, they
shall be deemed guilty of a felony, and upon conviction thereof
in any of the Courts of this Territory, having jurisdiction of
such cause, shall be fined in any sum not less than Twenty-five
nor more than Three Hundred Dollars or by imprisonment for
a term of not less than six months nor more than two years
or both, in the discretion of the Court trying said cause.
This proviso shall not apply to or be in force against persons
who may have purchased meat from any person or persons who
have displayed to the purchaser the hide or hides of the animal
or animals from which said meat was taken.
Sec. 3. All acts and parts of acts in conflict herewith are
hereby repaeled and this act shall be in force and effect tray
and after its passage.
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.
Section 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:
Sec. 1. The fees to be paid to the Secretary of the Cattle
Sanitary Board for recording brands, and for furnishing certi- °
fied 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 serviecs 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.
TERRITORY OF NEW MEXICO. 97
CHAPRER ai
Aw ActT TO PROVIDE FOR THE PREVENTION AND ERADICATION
OF MANGE or Scapies AMONG HorsEs, MuLEs, ASSES
AND CATTLE. A.C. B. No. 29; Approved March 3, 1905.
Contents.
Section 1. Cattle Sanitary Board to Regulate the Treatment of In-
fectious 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 In-
spector by Board.
See. 6. Direction of Dipping to be Under Agricultural DearGnent
Supervisor or Member of Board. Certificate of Dipping.
Dipping Fee.
See. 7. Lien on Live Stock Account of Dipping. Records to be Kept
in Office of Secretary of the Board.
See. 8. Penalty for Violations of Provisions of Act.
Be tt 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, conrtol 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 regu-
lations 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; such Board shall co-operate with said Department of
Agriculture.
98 CATTLE SANITARY BOARD.
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 hall steers time. to time,
have determined that such 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 boundardies of said district, to dip or treat said live stock
within said district or so much of said live stock as the regula:
tions 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 race and shall
publish said regulations with said’ notice. Hy : ‘
Sec. 3. It shall be the duty of the said Cattle anita
Board, promptly upon the expiration of 40 days after the com-
pletion of the publication of the notice of the creation of any
such infected district, to cause to be seized and gathered and’
dipped and treatd 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 ‘byt ite
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 au-
thorized to employ for that service, and to be known as inspec-
tor, as many competent and discreet persons from time to time
as emergencies may arise, as in their judgment they may deem
TERRITORY OF NEW MEXICO. » 99
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 duies, 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 atid 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 Agri ic
culture 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 appoint-
ment at the pleasure of said Board so long as they remain in-
spectors 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 af 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 re-
quired to be dipped or treated therein, shall as soon as the same
shall have been dipped or treated in conformity with the regu-
lations 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 cerned by regulation to
impose and collect a dipping inspection fee to cover the esti-
mated cost of dipping or treating ape vpion incurred under ifs
regulations.
Sec: 7: For all sums paid out by ae erl Board pursuant to
the provisions of this Section, and in addition thereto such fur-
ther 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 Sipaine or treat-
ing 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
100 CATTLE SANITARY BOARD.
other lien, claim or demand against said live stock, which said
lien the said Board shall have power to enforce by appropriate
action, and it may further maintain an action to recover from
the owner of such live stock the amout of said lien. .
The Board shall cause to be kept in the office of the Secre-
tary thereof a record of all sums due to it on account of pay-
ments made or expenditures incurred on account of the dipping
of any such live stock, or on account of dipping or treating su-
pervision, 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 stock or any 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 ob-
struct the execution of any such regulation or order, or hinder,
resist, or obstruct any officer 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
willfully or negligently break any quarantine or willfully 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 any after its pas-
sage.
CHAPTER 32.
Awn Act TO PROHIBIT THE GIVING OF AND PARTICIPATING IN
CaTTLE Ropinc Exuisitions. C. B. No. 23; Approved
March 3, 1905.
Contents.
Section 1. Cattle Roping Exhibitions Prohibited.
Sec. 2. Penalty.
Sec. 8. Jurisdiction of Justices of Peace.
Be tt enacted by the Legislative Assembly of the Territory cf
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.
TERRITORY OF NEW MEXICO. 101
Sec. 2. Any association or persons who shall give any pub-
lic exhibition of cattle roping, or who shall in any way be in-
terested in, or participate in the giving of any such exhibitions
as manager, ropers, or in any other manner, shall be deemed
guilty of misdemeanor; and upon conviction shall be fined in
the sum not exceeding Five Hundred ($500.00) Dollars, or
imprisonment in the County Jail not exceeding Sixty Days, or
both such fine and imprisonment, in the discretion of the Court.
Sec. 3. Justices of the Peace in their respective precincts
shall have concurrent jurisdiction with the District Courts to
hear and determine all cases arising under the provisions of
this act.
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 &,
1905.
Contents.
Section 1. Penalty for Sale of Animals on Shares, Without the Con-
sent of the Owner. }
Sec. 2. Penalty for Buying or Receiving Animals Without the Con-
sent of the Owner.
Sec. 3. Evidentiary Value of Recorded Contracts.
——
Be tt enacted by the Legislative Assembly of the Territory cf
New Mexico:
Section 1. That hereafter, if any person having in his pos-
session, or under his control on shares, or under contract any
horses, cattle or sheep, and shall contract, sell or otherwise dis-
pose 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 re-
102 _CATTLE SANITARY. BOARD. _.
ceive from any. person having in his possession, or under his
conrtol, 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 convic-
tion, 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
thay hereafter be recorded in said office for animals on shares,
or other contract regarding the possession, or control of any
animals in the county, in which any such animals may ie
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 evidenc to prove the notice and knowledge of own-
ership aforesaid.
Sec. 4. This act shall take effect and be in force wr days
after its passage.
CHAPTER 40.
An Act AMENDING SECTION 182, OF THE CoMPILED Laws
oF New Mex‘co, or 1897. C. B. No. 91; Approved
March 10, 1905.
Contents.
Section 1. Section 182, Compiled Laws of 1897, Creating the Cattle
ae Sanitary Board, Amended. Cattle Sanitary Board Reor-
ganized. Term. Appointment. Vacancies.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico: .
Section-1.. That Section 182 of the Compiled Laws of 1897
be.amended so as.to read as follows: .
“Sec. 182. A Sanitary Board consisting of six persons,
each of whom shall be a practical raiser and owner of neat
cattle in this Territory, is hereby created, to be known as the
Cattle Sanitary Board of New Mexico. The ‘term of office
ofeach member of the said Board shall be two years from and
TERRITORY OF NEW MEXICO. 103
after his appointment and until his successor shall have been
appointed. and .qualified; each of the members of said Board
shall be nominated by the. Governor of the Territory and con-
firmed by the Legislative Council. In case of any, vacancy in
the membership = said Board by reason of death, resignation
or otherwise, the Governor shall fill such vacancy by appoint-
ment, and the appointee shall hold such office until his successor
shall have been appointed and ‘qualified. 2
Sec..2. This act shall take effect and bel in: “force — and
after its Ds é s ak
CHAPTER 77.
AN Act RELATIVE TO BouNTIES ON Witp AniImats. A. B:
- No. 68; nT AD: ved March 15; 1905.
ae Sec. L Chap. Ad Laws 1903.)
* Contents.
Section 1. Section 1, Chapter 80, Laws of 1903, Regarding Tax on
Certain Domestic Animals to Raise Money to Pay Bounty
on: Wild Animals,, Repealed. Amount of Tax Levy. Bour-
ties to be Paid, Provisos.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. That Section 1 of Chapter 80 of the Laws of
1903 be, and the same is hereby repealed and the following sub-
stituted in lieu thereof:
_“Vhe several Boards of. County. Commissioners are hereby:
authorized and directed to levy annually a special tax on all
horses, burros, mules, bovine cattle, sheep. and goats that may
be found: in their respective counties, to any amount not. ex-
ceeding eight mills on the dollar on the assessed value thereof,
for the purpose of raising money with which to. pay bounties
for the killing of wild animals. Such special tax shall be levied
only for the years: 1905 and. 1906, and thereafter not to exceed
four mills for any one year shall be levied-and collected, in the
manner provided by law for the collection of other. county
104 CATTLE SANITARY BOARD.
taxes, and paid into the County Treasury as a “Wild Animal
Bounty Fund” to be used exclusively for the payment of
bounties for the killing of wild animals, at the following rates:
“For each coyote, wild cat or lynx, one dollar; for each gray
wolf or lobo and bear, twenty dollars; panther or mountain
lion, ten dollars: Provided, However, That no application for
wild animal bounty shall be approved or paid under the pro-
visions of this act unless there are funds in the “Wild Animal
Bounty Fund” with which to pay the same: Provided, Fur-
ther, that each applicant must present the entire skin of each
gray wolf, lobo, panther, bear or mountain lion to the Probate
Clerk and ex-Officio Clerk of the Board of County Commis-
sioners, as now provided by law, to be properly cancelled before
his claim will be filed. ;
“Said skins to be cancelled in such manner as not to destroy
their marketable value, and when cancelled to be returned to
the owner.”
Sec. 2. All acts and parts of acts in conflict with this act
are hereby repealed, and this act shall take effect and be in full
force from and after its passage.
CHAPTER 04.
Aw 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.
Section 1. Arrest of Persons Violating Sections 1133 and 1134, Com-
piled Laws of 1897, Regarding Cruelty to Animals.
Be it enacted by the Legislative Assembly of the Territory ef
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 commit-
ting 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
TERRITORY OF NEW MEXICO. 105
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 investi-
gation, he shall find the party against whom the complaint wili
be miade, not guilty, in which case, he shall discharge him.
Sec. 2. This act shall be in force and effect from and after
its passage.
(Sections 1133 and 1134 relate to maliciously maiming, dis-
figuring or killing any animal, or administering poison to any
animal. )
CHAPTER 95.
An Act TO PREVENT AND PUNISH THE RUNNING AND THE
Usr Upon Horses, CattLe, MuLEs AND AssEs OF ANY
BRAND THAT IS Not RECORDED IN THE TERRITORIAI.
BranpD Book, IN THE OFFICE OF THE CATTLE SANITARY
Boarp. 4H. S. for C. B. No. 28; Approved March 16,
1905.
Contents.
Section 1. Unlawful to Use Unrecorded Brand.
See. 2. Seizure of Animals With Unrecorded Brands.
See. 3. Secretary Cattle Sanitary Board to be Notified of Seizure of
Animals. Proviso.
Sec. 4. Notice of Sale of Stock to be Published.
See. 5. Violation of Act, a Misdemeanor. Penalty. Proviso.
Sec. 6. What to be Deemed Evidence of Guilt.
Be it enacted by the Legislative Assembly of the Territory of
New Mexico:
Section 1. It shall be unlawful for any person, firm or cor-
poration, after the first day of September, 1905, to use any
brand for branding any horses, cattle, mules or asses, unless
said brand shall have been duly recorded in the office of the
Cattle Sanitary Board of New Mexico, and the person, firm, or
corporation using such brands holds a certificate from the said
Cattle Sanitary Board certifying to the fact of such record.
Sec. 2. Any horses, cattle, mules or asses, found branded
with any brands not duly recorded as provided for in Section
1 of this act, shall be subject to seizure by any peace officer or
duly authorized hide or cattle inspector appointed by the Cattle
Sanitary Board of New Mexico.
Sec. 3. The person seizing such animal or animals shall at
106 CATTLE SANITARY BOARD.
once notify the Secretary of the Cattle Sanitary Board of New
Mexico, giving the number, age. and;sex of said animals,
together aa ae brands appearinng on them. And if said
brands shall prove not to be of record -in the Territorial Brand
Book, the. said Secretary. shall direct the seized animals to be
sold as unclaimed cattle, as provided in Section 2 23 of the Com-
piled Laws of New Mexico of 1897: Provided, The Cattle
Sanitary Board shall cause such animal or animals to be return-
ed to the owner on payment of the expenses for keeping them
upon such owner recording said brands in the Territorial Brand
Book within 30 days from the date of seizure by the peace
officer or cattle inspector appointed by said Cattle Sanitary
Board. . 35
Sec. 4. When any stock shall be seized as provided in this
act, and sold as provided in Section 223, the Secretary of said
Board, before offering such stock for sale, shall publish a notice
of the sale as in case of sales of personal property under chattel
mortgages, as provided by..statute in the county where pS same
were ‘seized.
Sec. 5. Any person, firm or corporation violating the pro-
visions of this act shall be guilty of a misdemeanor, and upon
conviction thereof, in any of the courts of this Territory, having
jurisdiction of such cause, shall be fined in a sum of not more
than Five Hundred Dollars or imprisonment for a term not ex-
ceeding One Year: Provided, No such sentence shall be im-
posed or conviction had in case the owner shall have within
thirty days from the seizure of such animal or. animals, caused
such brands to be recorded, or when such person shall prove
that such brands have been used by him for more than one
year, and in such case he shall be required to record his brand
immediately.
Sec. 6. It shall be deemed evidence ae euilt that the person
or persons violating this act, shall have. been seen placing said
brand upon animal or Saaale. whether those seized or, others,
or shall have claimed to any person or persons that: he or they
owned or, claimed such unrecorded brand, or that the person or
persons so violating Section 1 of this act, were found or seen
handling, driving or holding in an enclosure of any kind any
animal or animals bearing said unrecorded brand, except for
the purpose of roundup.
sec, 7. ,All acts or parts of acts in conflict herewith ; are
hereby repealed, and this act shall be in full force and effect.
from and after the first day of September, 1905.
COMPILER’S NOTES :
The great necessity for having the Stock Laws of New Mex-
ico, in so far as they relate to cattle, horses and mules, gathered
together into one compact volume where they can be easily
referred to and studied, has led the Cattle Sanitary Board to
undertake the work.
It is published for the information and’ benefit of the stock-
men of the Territory, and copies may be had by application to
the office of the board.
We have endeavored to omit all laws that have been re-
pealed, and have indexed the various topics as thoroughly and
carefully as possible so that any desired point may be readily
found.
Incidentally, the work of compilation has unearthed many
peculiar and obsolete laws, that are interesting from their
ancient structure, and which are in some ways a menace to the
industry and should be repealed. See, for example, the powers
given justices of the peace, pages 46, et seq.
Compiled and arranged in the office of the Cattle Sanitary
Board.
WILL C. BARNES,
Secretary.
Las Vegas, N. M., August, 1905.
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SUPPLEMENT
The following important modifications of the United States
Regulations having been published, since this book went to
press, they are hereby issued as a supplement. Also modifica-
tion of the Regulations concerning the entry of cattle and
horses into this Territory intended for immediate shipment,
and other matters overlooked when compiling the work.
Amendment No. 1 to the Regulations of the Secretary, of
Agriculture governing the inspection, disinfection, cer-
tification, treatment, handling, and method and manner
of delivery and shipment of live stock which is the sub-
ject of Interstate Commerce.
Effective on and after September 15, 1905.
MODIFICATION OF REGULATIONS 10, 19, 20, 21, 22,
AND 24.
U. S. DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D. C., August 30, 1905.
The regulations of the Secretary of Agriculture governing
the inspection, disinfection, certification, treatment, handling,
and method and manner of delivery and shipment of live stock
which is the subject of interstate commerce, issued under date
of May 1, 1905, and effective on and after June 1, 1905, are
hereby modified by the revocation of Regulations 10, 19, 20,
| 21, 22, and 24, and the substitution therefor of the following
regulations, which revocation shall take effect on September 15,
1905, on and after which date the regulations given below shall
become and be effective until otherwise ordered.
Regulation 10.—Live stock shipped from a quarantined area,
not accompanied by a certificate of an inspector of the Bureau
of Animal Industry showing freedom from disease or from ex-
posure thereto, shall not be diverted en route to feed lots or to
other States for feeding, stocking, or breeding purposes unless
inspected and certified by an inspector of the Bureau of Animal
Industry.
Regulation 19.—No cattle which are diseased with scabies
110 CATTLE SANITARY BOARD.
shall be shipped or trailed from one State or Territory into an-
other State or Territory or the-District of Columbia, except as
hereinafter provided; and no cattle shall be trailed, shipped,
otherwise removed, or allowed to drift from one State or Ter-
ritory‘or portion thereof quarantined for the disease of scabies
in cattle, into another State or Territory or the District of Col-
umbia,’ except as hereinafter provided, unless the cattle have
been inspected by an inspector of the Bureau. of Animal Indus-
try and found free from disease and are accompanied by a cer-
tificate from the said inspector.
The removal of cattle unaccompanied by a certificate of in-
spection from an inspector of the State or Territory or the Dis-
trict of Columbia, or an inspector of the Bureau of Animal In-
dustry, from’a quarantined portion of a State or Territory or
the District of Columbia, into a portion of the same State or
Teétritory or’the District of Columbia, not quarantined, will
subject the unquarantined portion of the State or Territory or
the District of Columbia to quarantine. .
Regulation 20.—In States or Territories or portions thereof
quarantined by the Secretary of Agriculture for scabies: in cat-
tle, those cattle which upon inspection by an inspector of the
Bureau of Animal Industry, at the time of shipment, are found
to be free from symptoms of scabies, shall be given a certificate
and allowed to move to points outside the quarantined area for
any purpose’ subject only to’ such restrictions as may be im-
posed by the State or Territorial officers at points of unloading
and destination; but if'a herd or -consignment, intended for
feeding, breeding , or stocking purposes, be offered, for inspec-
tion and shipment and a portion thereof 1s found to be diseased
with scahies, or if the cattle offered for inspeetion’ and ship-
ment are part. of a herd’ that is known to be so. diseased, ‘the
diseased cattle offered: for shipment shall be dipped: twice in
either the lime-and-sulphur.or the tobacco-and-sulphur dip, or
once in, Beaumont crude petroleum, in the manner hereinafter
provided, .and the cattle: offered for shipment’ which are: not
visibly diseased shall be dipped once before shipment. .
Regulation 21.—Cattle not visibly diseased with scabies may
be shipped without inspection from points in ‘the quarantiried
area to any. of the following-named recognized live-stock: cen-
ters: Buffalo, N. Y., Chicago, Ill., Cincinnati, Ohio, Cleveland,
Ohio; Denver, Colo., Fort Worth, Tex., Indianapolis, Ind.,
Kansas City, Mo., Kansas City, Kans., Louisville, Ky., Mil-
waukee, Wis., National Stock Yards, Il]., Omaha, Nebr., Sioux
City; Iowa, St. Joseph, Mo., St. Louis, Mo., ‘St.:Paul, Minn.
TERRITORY OF NEW MEXICO. lial
When so shipped the cattle shall be submitted for inspection
at destination, and when fotind upon such inspection to be free
from disease and from exposure thereto en route, no further
restrictions shall be placed upon them. If found upon inspec-
tion to be infected they shall not be permitted further shipment
until treated as heretofore prescribed for diseased cattle.
When cattle are shipped without inspection to lrve-stock cen-
ters under the terms of this regulation the employes of the
transportation company shall affix to both sides of each cara
durable, conspicuous, printed placard not ‘less than 5% by 8%
inches in size, the letters of which shall be boldface and not less
than ‘13 inches ‘in height. These placards shall bear the words
“UNINSPECTED CATTLE,” and shall’ not be removed until the
cattle have arrived at destination and the inspector has indicated
the disposition to be made of the cars: The waybills, conduc-
tors’ manifests, memoranda, and bills of lading of said ‘ship-
ment shall also bear the notation, “UNINSPECTED CATTLE.” ;
Regulation 22—Cattle diseased with scabies which have
been dipped once in either the lime-and-sulphur or the tobacco-
and-sulphur dip in the manner hereinafter provided, under the
supervision of an inspector of the Bureau of Animal Industry.
within ten days of date of shipment, and cattle not visibly dis-
eased, but which are known to be a part of a diseased herd, may
be shipped for immediate slaughter to a recognized slaughter-
ing center, and when so shipped the said cattle shall not he
diverted en route and shall be slaughtered within two weeks
after arrival at destination. If cattle diseased with scabies
are to be shipped for stockers or feeders, they shall be dipped
twice in either the lime-and-sulphur or the tobacco-and-sulphur
dip ten days apart, or once in Beaumont crude petroleum, un-
der supervision, and shall be submitted to inspection ‘before
shipment. Cattle not ‘visibly diseased, but which are known te.
be part of a diseased herd, intended for stockers or feeders,
shall be dipped once before shipment. However, diseased cat-
tle may be dipped once in either the lime-and-sulphur or the
tobacco-and-sulphur dip under the supervision of an inspector
of the Bureau of Animal Industry at the point of origin and
shipped for stocking or feeding purposes, if arrangements have
been made for the second dipping en route or at destination at
the required time after the first dipping at a point where there
is an inspector stationed, and under his supervision.’ Cattle not
visibly diseased, but which are known to be part of a diseased
herd, shipped to another State or Territory for feeding or
stocking purposes, may be dipped en route instead of at point
112 CATTLE SANITARY BOARD.
of origin by special permission first had and obtained from the
Chief of the Bureau of Animal Industry.
Regulation 24.—When either diseased cattle that baie been
dipped once in the lime-and-sulphur or the tobacco-and-sulphur
dip, or cattle not visibly diseased, but which are known to be a
part of a diseased herd, are shipped in accordance with Regula-
tion 22, the employes of the transportation company shall affix
to both sides of each car a durable, conspicuous, printed plac-
ard, not less than 54 by 8 inches in size, the letters on which
shall ‘be in boldface, and not less than 14 inches in height.
These placards shall bear the words “DIPPED SCABBY CATTLE,’
or “CATTLE EXPOSED TO SCABBIES,” and shall not be removed
until the cattle have arrived at destination or point of dipping,
have been unloaded, and the cars have been disinfected. The
waybills, conductors’ manifests, memoranda, and bills of lading
of said shipment shall also bear the notation, to be affixed by
the transportation company, “DIPPED SCABBY CATTLE,” or
“CATTLE EXPOSED TO SCABBIES.”
James WILson,
Secretary of Agriculture,
Amendment No. 1 to Rule 2.—To prevent the spread of scabies
in cattle.
Amendment effective on and after September 15, 1905.
UnitTED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY.
The fact has been determined by the Secretary of Agricul-
ture, and notice is hereby given, that the contagious and com-
municable disease known as scabies is not now known to exist,
or exists to a slight extent oniy, among cattle in certain States
and parts of States and Territories quarantined by Rule 2,
dated May 1, 1905, and effective June 1, 1905.
Now, therefore, I, JAMES WILSON, SECRCTARY OF AGRICUL-
TURE, do hereby remove and revoke the quarantine placed by
Rule 2 upon the following area, to wit:
The States of WASHINGTON AND OREGON; all that part of
the State of Kansas lying east of the western boundary lines of
the counties of Smith, Osborne, Russell, Barton, Stafford,
Pratt, and Barber; all that part of the State of Cororapo lying
west of the summit of the Medicine Bow Range of mountains
in Larimer County, the west line of Boulder, Gilpicn Jefferson,
Teller, Custer, Huerfano, and Las Animas counties; and also
that part of CoLorapo lying west of the Ninth Guide Meridian
West in Fremont County; the counties of Big Horn, Fremont,
TERRITORY OF NEW MEXICO. 113
Sweetwater, and Uinta in the State of Wyominc; all that part
of the State of Texas lying east of the 1ooth meridian of longi-
tude west of Greenwich and north of the 29th parallel of north
latitude; the counties of San Juan, Rio Arriba, Taos, McKin-
ley, Bernalillo, Santa Fe, Valencia, Socorro, Lincoln, Grant,
Sierra, Luna, Dona Ana, and Otero in the Territory of NEw
Mexico, and all of the Territory of OKLAHOMA except the
counties of Woodward and Beaver.
The quarantine placed by Rule 2 upon the above-described
territory shall cease to be effective on and after September 15,
1905, on and after which date this Rule shall become and he
effective until otherwise ordered.
Done at Washington this thirtieth day of August, 1905.
Witness my hand and the seal of the Department of Agricul-
ture.
[SEAL] James Witson, Secretary of Agriculture.
Amendment to Paragraphs 3 and 4, Page 13, concerning im-
portation of cattle into the Territory of New Mexico; the fol-
lowing proviso is attached to Paragraph 4, Page 13:
Provided, however, that cattle or horses coming into this
Territory for immediate shipment at either of the following
shipping points, viz: Portales, Nara Visa, Clayton and Folsom,
be allowed to enter without the required certificate of health
or dipping with the distinct understanding that said animals
shall be shipped within fifteen days after entry and that if re-
fused shipment on account of being diseased, they will be placed
in quarantine by the inspectors of this board and not released
until they have been dipped under the board’s supervision. All
expenses of said quarantine and dipping to be paid by the owner
of the animals.
Line inspectors are directed to act in accordance, with these
instructions and when allowing such animals entry for imme-
diate shipment, to endorse across the certificate of inspection the
words “For immediate shipment at —--————-———_”’ giving
the shipping point for which they were destined.
BUGCHERS.
What constitutes a butcher.
The following is published for guidance of inspectors and
others.
There are three classes of persons in New Mexico who can be
called butchers.
The first is the regular butcher who has a permanent slaugh-
ter house and place of business. Such persons are required to
114 CATTLE SANITARY BOARD.
file a bond with the County Commissioners in the sum of $1,000
as provided in Section 84, Page 29 of these laws.
They must keep a brand book (Page 19, Section 19) show-
ing brands of all animals slaughtered by them, from. whom
purchased and the date of purchase and slaughter. This book
must be open to the inspection of any person desiring to see it.
They must take and keep a bill of sale for every animal they
purchase for slaughter (Page 19, Section r9, also page go) |
which bills of sale must agree with the brand book — by
them.
They must keep all hides taken from animals by them for
thirty days unchanged and unmutilated.
Failure to do any of these things subjects the person so found
guilty to fine and imprisonment.
The next class of butchers are the meat peddlers, covered by
Chapter 45, Pages 84-85.
This is aimed at persons who make a business of peddling
beef in wagons or otherwise, who are not regular bonded
butchers. Such persons must have a peddler’s license, paying
the sum of $250 per annum for it.
The third class is the ranchman who kills an animal for his
own use and sells a portion of it to his neighbors or other per-
sons.
The person so selling the meat must have with him at the
time of offering for sale the hide of the animal killed which hide
shall be open to the inspection of any and all persons who may
care to examine it.
Any regular butcher buying any beef from such a person
must enter in his brand book a copy of the brands on the hides
so accompanying the meat, together with name of seller, with a
notation that the brands, were upon the hide accompanying the
meat so purchased.
This class is not required to give bond, but failure to have
the hide with them subjects them to heavy fine and imprison-
ment. Pages 95-96.
Bip TAGS:
Inspectors are advised when opening a bunch of hide tags to
string them upon a piece of baling wire in their regular numeri-
cal order so they will not get mixed. By this means they can
always use the tags in regular order and the numbers on the
tags will follow each other regularly in their reports.
POINTS TO.PRESSES:
If the point to a seal press should be broken, new ones can he
obtained by applying to the office of the board.
a
i
i
INDEX
A
' Page
Amendment—To govt. order concerning mange, see
SSD eM DOtK: Filtre AUS Oy ae ees Ua atae cs we ae 91
ANTONIS Vio ao CONWAY Oiigia oii cme Golo cia UO Oo aloe 48
TECHUMIGG UAT ON eat bona Beara are cath Oe NEES non A eer 72-73-88
TPTRASTAINS LORE AVO IVs ln eee choi ard Ne ee rams 79-80-86
Wald —DOUM bY. OM Seus:252) <1 nelers eile iieiers ace 93-94 104-105
Cruelty to! o.... PAL A aE OREO Soe occa ork ac 105
May be impounded Soc teneok sate | ike ae ean 82-85
See also Cattle-Stock.
Annual Report—See Report.
Appraisers—How SClecte meena ee nee ee ae 60-69
Pay Of »...-.- 2 eee eee ee eee ee eee eee eee 60
NOW Me ZOVEEIMEG:- cine tiem eae ayes ch auie Sadana one sebe look 61
For damages from Indian stock ............. 70
hor damases: by StOGKe aisle aise «6 si-s63) 6) sadist oes rele 89
Appeal from 9.2... eo ic ES RS eRe 69
Appeal—From appraisement .....................- 69
Attorney—Board may employ ...............ee08. 69
PARTOTNtOT——EO)- OL Ger LEVY: “cverstelictske Sieis.s 4 50s 6 «sere e seers e 70
Authority—To handle stock, owners may give ...... 39
| ag
Beef-—Pea@ailias Off wes, crcevsvs.cevevwre cre.) sare a 76-77-84-95-96
Bill of Sale—Butchers must have .............. 19-40-90
IVEUISE MOS SUVIETE pe ncacwe bareuscemstieheleetsueustextiens,, csc kassue cles 27-37
Penal; LOR NOE. Sivas wereraien nelle cliey otle ceviens) cet ery ZATl
To be exhibited on demand ................. 28
Mecettom acknowle dens, peace a cre vele elev evsce< ee BT
IVES EDO nS WiO TIO) v.ts ai cesdcnen-pew hotelier cuer eve) sieue evenciciee 37
WNGinS) TACO Vo Basco hic os comecem ad oom cod s 39
IBounty—— Wala amimealy 2225") esac ie oe 2 crs 93-94-104-105
Board—Cattle Sanitary a Board of registration ..... 34
dio) iAeCC PG! Zul loreal Goo cs ooo gH acs ghoookoot 34
To transcribe all brands received............ 35
AUG TOM OMNSIa [ORAING! DOO cosscascoasa5ogoeadoe 36
@QiwOmuaaapro ee erro le ea tevtaue! cleus: ote, BS peel ie nemenehenesehe 52
Prevent disease ...... Pi ctayichena, sh scs gett Oem Remsen cuionere 52
Wien? Gronollony yasiterinencnein Ghosceaoasboobagdoaca 52
MROMPDEOVAG C™DOOKSPramestarciel eaileus ois elleleWanele/econe. auelene 52
Sec.
197-200
174
197-228
197
198
234-5
229
229
231
231
122
19-125
75-119
76
UE
119
119
123
169
110
112
116
183
184
184
184
118
Page
To keep accounts of expense ........-.....-. 52
May prohibit cattle coming tah che Soke eae ec aae te te 54
May ask Governor to make proclamation ..... 54
Tovemploy: Simtablewhwel pce woes ae rlereneneneneie nee ae 56
May investigate violations .............. i ee ae
May administer: oaths. «© <gre crctelc ve etalenchensieierats 56
To make rules, ELC aio R caaiers loRe eaten eae mes wemeiinne caeteens 57
May seize. cattle: ..42 seo-c w a:ae stereo terete overeusnetneite 58
May sell quarantined cattle......... Pepe See. 59
May slaughter’ diseased cattle. |. 3.8.5 4006 « scale ‘61
Not to pay for slaughtered cattle............. 61
Territorial Cattle SanitaryeOa rd cw ieheyereecee perl
May. issweé eDOmdS sts) eo sccicie coon, wlohe. « eoetele one eee tone OnE
Compensation: of members". .c. << estore scieie enemas 63
Shall make rules and regulations............. 64
May DOLTOW WOneY oo tiychers einke cle ies auenomenere teers 67
TO APPOINT ApprajiSers perereactens ciciye eater enka en 69
May employ attorney 0. .).1- ec... seis otic oteseie reunite 69
TO TE=reCOrd: DEANS! feet myn a elo ahs aoe eee aiotepers 74-75
May. sell stray INOrsesh citrine. custs seu nece ie oishapetatsitcn ae 94
Terms (Of WMENMOSLS) aie tans teversee ys che oveleis oBemedeie "ere Sis, LO
Qualification (Of MEM ELSi se. tnlate 2 eh eterateteiee tes 102
Nilmberoneboarnd. = ceyeeteete es cae oe PARE hans bide 102
May reyeet. Dari)". 5.2) rep clielous tacetenslotocelieice, oheteeetetee te ea
Bonds—Boardemay, ASSUC I. oc iereteiel) «= alr ahe) ete tetotens 61
EROW Dad! “....2.cisiscane.3 & elec ouctieds =, S.atce toe be enehateberecrns 62
(Okey aa eucdy ofepao Melee eines Scio OcMeNO OEE Olle OeLcrn e 63-62
OF Veterinariam ./..'-\scteuepeserer: «crete elerer hor ent oars 63
LSibhcetalarcoweqabisie wiley ao sis oro omoooo mooo oo Go OG 29
Mailure to Mle by ADmwiciers: ~ «4.» cieke eleketer oes 29
Failure to file DY WMeEMADErsS 2... isis ss wis rong cues nie 62
WHETEMALE GO x cir pie yei wis is 1 no ale eee antehaaee: Bietetene 63
OL SCCRELATY: ic pia GA lereits Pete wie 6, ais w Glue mies Gaia tn eee 67
Brand—More than one not to be kept up ........... 37
Minors* may “Wave We. or he cuctocetes ered bie Meee eee 37
When not srecondedgi ne 27-1 .9--- leno tene reenter tenes 39
IbapofsreiwvoveOvte GhhoGocondoatdnoounobocaucd ee (G8
Re=Tecordinie Of the caret sei. che tele te Teme erent 74-75
Recorder must morsaceept s\.i1. cisternae ee eee 75
INOt Gre=reconded Miereietera cite see Me ieneprre neste 75
(@)] a} (0) 2 = eee eter no or dary Duo Gs Pore cyord o ala Gacuid.on8 75
Board May 'Tejeecthrrs oe Mowe eo ar ele er ete wire eel ein tenes (5)
Must ‘be recorded «6 e.j500 6 ioe ec eset cere ete 106
Not recorded? 2 ssi) SNe Sores seaport ene cue recn tee 106
Certified copy prima facie evidence ....... eat Die
DefacineS Ss eT Ne ese cls ae eee ene ate 23
Using one not TecordGds terete ssi mie eters ereneete 106-7
CATTLE SANITARY BOARD.
196
197-198
ESS
200
200
205
208
220
228
231
1
5
200
200
204-200
204
84
84
200
TERRITORY OF NEW MEXICO. 119
Page Sec.
Book to be kept by butchers .............. 19-30 19-86
Book failure or refusal to show .............. 30 87
Illegal unless recorded ................-- 34-106-7 107
Subject to sale, transfer or assignment ....... 34 108
orbewtransenibe dle <2 ieee eae als ns one ees topertstetens 35 111-112
HL CCRLOEN ME COR GTM cls ciel oct oieuieucve ise Mleueiton sy ker ershelcrone 35 113
INES) SHOE CNC UU GWE NHO Me Sigs Arg OG oO bla Olorea Geo fo-ons cao oro d-o 35 114
Unlawful for Co. Rec. to record.............. 36 115
IBOON 1G). Lovey jOWNHINISINEG! Goss odoodaooucuouaoos 36 116
Bulls—To be furnished on ranges .................- 26 73
Pedigree bull described ................--. ise. Bh eaIO 73
Makan SDs OF Ae CAMMS) ss te ei eeeve alesis) «isis ei eles) 41 133
Nitya Cucastratede see ee een se Te TO 180
Butcher—Must Keep hides 30 days ................. 19 24
IMGERIG INES JOU, Che SEVIS ob oosino5ooc bo UooodOS 19-90 19
MiWISE TkOGiO IorRAINGl NOG cobcoooedonboccoouonc 19 19
Should keep record brands ................ 21-30 37-86
MVS file) OMG hen cyeiecetins sewer sits ial also ese a) savers 29 $4
AUIS Sw LOW til Calo OTN ee ten cpewetion rratie oils) cibetlst'w visio srs arch 29 84
Refusal to show brand book Rem bere. paca 30 $7
Mowkeep, WIGESs fe acest eas a euee wis a eas ie ei eoeee jean) oO $9
IRGiEVISEYl tO, HNO WICIES sc ocoabboaobdobaenhaous 31 91
BUY IMS eC eSSC Gu ie Citencetussenats) svc ase che siete eneliel ss 76 1
To keen record of hides of dressed beef....... om 3
What constitutes a butcher—Supplement.
Cc |
Cars——imfected! with miameese ee sas - 1 vee we cle lee eens 10 283
Calves Wenig 685.565 ch oo 00 nels oc EES ose oe TOR 1-2-3
WathO mG) mlOtmMens) kiers sinew. croreets tects ses seus leds 79-86 1
CAStatine Of OUlISie. varewe erin on at fe eee ee DO 180
Cattle—Sanitary Board—See Board.
Importation of into Ter.—Supplement.... 13-14-42
From below quarantine line ............ 14-15-16
IDATiNy TaN OKOeNBIGI OIE odo ocdccoddgmoodudnouG. 14 3D
Hormsinunediate: Slave iitere sas ces cies sss sere) rele el 15 11-12
INI@IE UO) [OS WasHSACSUEC! he MIA scodusacanuucacouc * 16 3
Wawenss Od vaASeSUGAYS Waa eae cue ss oss se ares 17-68-106 5 to 9, 22-23
Ranging on boundary line .................. 21 35
ID ASIA, MAIS INS locebmo eel (4 a5odbonaaoodooalbod 23 64
Driven without owners’ consent.............. 24 71
Driven eirOomMepLODemaGAMeen sas css © selena ees 24 70
Beinstodriven throwsheranees, «. . ics siecle os 25 72
Skinmine Mdeadmcaeuley we faites whens succes sasusieleeusits 26 74
Penalityehkor TMilesalGISi ss os 4 cher sian: eerste roth, © eiilene 28 79
Suezulnias Gi, faiceiaGl lence Soaaanouccacous aad 28 890
WinawthorizedmSellimes Ota esiie cee + lcicucusiel suet s <usneuens 29 §1
120 CATTLE SANITARY BOARD.
Page Sec
Selling with unrecorded brand ............ 29-106 81
Taking up or using without consent .......... 29 82-83
On shares ie 13. ue Peis eee ae eee 31-32-101-102 95-96-97
101-102
Must. ibe: bramnide@dy..cv-cces ors) been} eral nee 34 106
Without recorded braids. strret-aiue-ne oka 30-106 120
UWnelaime de... 5 /s/skicisehel cue: sleet cis whet reer amen ae 39-38 121-223
Definition: OL ic. ssc Sieve wo: sel Wisrane & steheeaeieee ete eles sal 181
Diseased, bringing: vn) Kicterstcdons) cts Suet eneme ae 54 188
May be inspected for health: <.,) cs ae eee oe 58 193
Diseased, damaezes ErOmae sy psiekeyel sso cpelee utetee ns tamen 59 195
May. De SEIZEG! 2's iar Metn cata choles tesatelemedcn tats 59-106-107 196
May be ‘slaughtered: tris cs tstee «leltewe steele ease bene 60-68 197-227
APDPIAISEMENt? OF, Aha acustshonessponel chore rs ener men asene 60 197
Diseased—See Diseased Cattle.
Brought in without health certificate .... 58-13-14 194
Must have “health (certifieate, Svy-ynuesenenes ere 13-14
To, be inspected for bRamGs) iets cisteuel ee ceavereieeke 64 208-212
Driving or shipping without inspection........ 67 219
With Infectious -dISGASESIN.) rc¥.s1e'- ~. choy neues et , 68 226
Indemnity: fOr: gcc.) pene vetewepey shal baat s foc st orses suai sl erorene ene 69 229
~ Not shipped without inspection ~ . hie. jee 78 t
Hee fornsinspecting: 4... notes ee 78 -
Mreshivpranded: vs... sieweaeeeetereten aie tee acne 79-80-81
Certificate——OL Wealthy is. cyareve elaehensi ops -totece races 56-138-14-15 191
OE Meat oss. wis, s1< oesr 9 cee eee Reba erence eR ee 58 193-4
Making (FASE os 2) 0. teers cues e ni eMe o 6 ORE ee 66 216
Of health when not required—See Supplement.
Gertified > Copy—Orf- Brand 22 seiheeiteuik ss Je oe ee 23 67
OL, TECORAS) (he chess tec teewe: @ arate wee: )alkolet shat 66 215
Clayton—See Supplement.
Compensation ——OP [bOamdiir. ry. o> « feeedant oe eee 63 205
Contracts—See Shares.
Contests—ROpinSs kk js fe chores e70 «ones, avd Shaken eee 100
Cows-——Milkinge: Strays sa. site, ee ore 5 tes econ oho nel eed eee 41 138i
County Commissioners—To approve butchers’ bond... 29 84
To have lists of brands transcribed........... 35 111)
Tov Onderus PEC alta. are che a hie ee eee 63 203
Mail ur ecto, mrakce Ne Wye oe cciray ova 0) casey Re 63 2023
Cruelty—To Vanimels” 420. occeiers auane: ole | a ees 105
D
Damaces—By, cattle or NoOrses: . +. sees eee oe 25-45 72-144-152
To fleldsv Of (erat y's > se essences ee 33-89 103-4-5
Appeal: Erom. \jf's crsis shevesede: delete tenon nee 46 153
1M eopeal Mhanohehawenataneweh GOS ns sno coos ba oe 70-71-72
Ab dM ewsNer's) «1 ot seia genebenaseeutetene 26 74
TERRITORY OF NEW MEXICO.
ID GREE orb al=e——-1 S302 11 41,0 lena ee eee Se eee mt oe mr eee 23 68
WEP UbY——UNSPeCCLOVS: JOA Vs 9 fast ax star ach arin) otis ob of sblet lob el/al cy =i «ie. fave 20 32
NWVADE NA POODLES! -'o 55 <n ata ieter siete cates chausteleechichelts. oat are 20 32
ADM OM erence cine iota ws da nctia nena te naipeWsleya dr Sday ek ol ncpliecas che ole! eiteds 21 33°
Report to regular Insp. of district ............ 21 34
Mustinot: keep fees: 3 oscewlin aa ere dates ee le » wee 21 34
= IMIDISIE TobeAISIN INOW seco ooose ob eocononGgdbDOn 21 38
IDDM soscooocesnsoconscasoenDegonD a TODO BdES 97-100
Dips——Approved LOG mange 2562 6 eels oo) ote om scle oie) 9 25
ASD DROMECM TOI, MANS Clea casalate ec lets enels eialele sie iets 11-12
Disease—When found to exist ................... 54-68 188-226
When foumds tO vExdSt gees ate ose eps) oie) aie. Saleh e re 97 i
Diseased Cattle—Damages from ................... 59 195
May be slaughtered .............. kore ee 60-69-228 LOT
MTNA OFELIA SAN O fii ite feilel ctiaveledens Austeueie ene pas eheliows’ aid ee aleys 106
KOVR TOI EAISOG: A SII ene ee Te 60 197-8
WAM Onis INO? 2OWNNG! GosoobobedoUs nee Solana 61 198
INO DAG “FOr WIMMER parectctciees eerste o ale. ever ele etal 61 199
IGMGIEIGMM TOI Ganoooacocos ORES atone atk one 61 198
Refusing to allow inspection of .............. 69 230
JEXORVACL TUNEAY CHENNAI 5 o6od5aadaggon0odusos 97-100
Ditches—Damaged by cattle or horses ............. 25 72
Dressed Meats—Butchers buying .................. 76 1-2
HVECOTGIWOE WIGS iia mca eee predete) a1 ortaiie; (ahiey eave ial wicca. 6) re/- 76 1-2
Seller of must show hides .................. onan 2
Driving—Cattle without inspection ................ 67 219
From proper range .......... eelrenienala akan sestee sew 24 71
Without owners’ consent ...................- 25 i
eo =
a ee rina es! Vast Ae eas a meee pene Ce eS oo We, Tee: 23 66
PES UGA Sie cia atten) etetekanst ahiscer-er cree eke Maa sa ete trelpwelies wise aiisita cs 17-18-42 135 to 141
SAVIO OR Paver ye ere ai aval eels Groieteten suet gelte, plore 2. aie ucegeis 17-18
Advertising sale of ........ iso) a ee reer ney | ale teey (alle
IDYSiah oy Aoyavacoy gamete. Mermrian ciao: eens) os Git: 5c) CoRR CN eee 38-81 120-6
When found in herd by Insp:................ 3 120
Penalty for driving or handling ............. 38 120
TNS Pe CLORSLOSSOCIZEM Ne oie seem aledisy au cule ols) stints lors Sc autine 38 - 120
DOW IGISDOSEO! OF (ie eee ea tee ees sys ees eae ee 42-49 135-175
AdvientisimeMSalel (Of (acl ee ore custo alenene ee 42 147
Selling or removing unlawfully .............. 44 139
(Gop aoreyei ih alte es a SuGt CER ciGRGEe GROIRES ROL EOI CTR Air iewrn cee beeen Us 44 139
Owner of shall not take away ............... 44 140
ADISKORN OSVONE TAs ch olctetil bic Dee abaekem acho dee crc iD inetenat ore eae penis 44 141
IWiOFKNSyiOT AISIME NSS B08 5 SS ci Seed aehen ge soaegel aye 45 143
When found in round-up ................... 48 174-5
ESO OLSpepae cy creeper tena atch snot avout ica ta senate nae eres 42-48 136-174-5
122 CATTLE SANITARY BOARD.
Page Sec
Mees for, selling, and hand line we cert sere ieee 49-18 177-17
Boar dyto: ‘S@1V, g..2) ccc )aaeascssu eh tdsecee pete tecne ee ee 68 . 223
Etorses,’ power of, board, to: Sells tc. cecte)s auemeren sts 94
Cows, Himes y Ne sa laa ae eee eo Lane ee ete 41 131
Evidence—Records prima facie .........,...i..2.-- 66,4 215
Hxpensés—Orf- quarantine ysis) si cpase we aan ere raat 959 195
Of “POAT G—HHOW | DANG ca) sila cdewes eter csagmsteros een eens 67 218
F
Hees—Hide fees aelieny. ci werd stereranern ce cene ete Bee 20 aT
OD TLIGES i, arse pats is dae tonee tal cere pe te rePonete rok Senta ene 19-84 ' 26-3
Not’ charged jon calf hides .).%.. 0... 25-5 Sone ot gee ee
For recording and certificates of brands.. ios S856 113-114
Of JUSTICE ORD CAGE cave.e soto wks steers Brine eae 60 197
Hor. INnSPeCTION! fares tv.) tepeecie Ae eee ee eae 67-78 222-2
Secretary: to remit...) .soewichs sce oe eee 67-96 222-1
Mences—Legal ‘8s. is dn co cee ne ee eee eee oe 45-73 152-243
; On rallroa.ds:. 3 oc ces eee w ois cys He 73-88 243
Mields—Damages sto i. 5 ox. sicmuctemsons os s6.5 lis osu syelemenenens 33 103 to 105
Dama ees! Or 3 2°e satecsteie mleeepecoiers sa 3 eelabomeicbetn hehe 45-89 144-152
HMire-arms—At rowund=uipe) « cciltcue = > 6 «+ ot pyereiaiene ete 31 94
Folsom—See Supplement. ' .
Freshly Branded—Animals freshly branded... a ... 80-86 2-1
OVI gee tes: bid ie la Laks ama elk ce aus Teson ou state eaute Te mene 90
G
Governor—To make proclamation ................. 54 188
Member of Ter. Cattle Sanitary Board ...... a PRS 200
Shallvapprovie: bondsiertocen seas. oss eueianersee chores 63 204
Board sto-makesrenorisptOm. seve cee here eee ceo 64 206
"EO SOL GIEI (haccpeucueiaicuouester cerets © wiclrts cl ciatMonetaren ees 70 231
H
Heailth—Certificate of § intact: sist t)ca a aie rel euemenete uel tiereneae 13 3
Certificate—Cattle not accompanied by ..... Bee ln} 4
Certificate—when not required—Stpplement.
EHerds—-Not to be delayed on trail .............6..2. 8) 72
Must not be allowed to trespass ........... pues read 12
Higdes——TASsiN& OE ie cs rtarelevaicbevehen sous le .cneen che totem 19-22-23-84
Bills ‘of Sale. for” 3). 3% jas5 Uehoholsl ol spefedakepe: etel oe sralete 19-21 19-36
Butchers buying should keep record ......... 21 37
To. bewkept (30 GaysSriiis a osetenc ars teh sues ee bt eye tate 19-30 24-89
Calé noticharsed) forytae aims ieiciate cyan eee 19) 25
Caliimotitonberta seed ico etisettctr tc tene icin mene nets ley 25
Not to be removed from dead cattle .......... 26 74
To be open to inspection ......... Wer ceo ecaibn c 30
TERRITORY OF NEW MEXICO. 28}
Page Sec.
MANURE CO YExTOLE 2.505. 27,05, 008.2 2. os ee 31-76-95 91-2
IBYO GUNG! Salen Ul ahalsyoKXO og gexdioigio coo Sun on ono o8 wre O04 208
Of dressed meats to be exhibited ............-. 76 1-2
INO EOMb ey Shipped 25h ee eee eo ee &, ace etn ebeue wie 84 3
IRENE SIU AES IASON’ Go ono oa alo sono cos G 84 4
Tags, how to use—Supplement.
Worses—Inspection of .............2--058- SPE edited ly #3 83
Importation of into Ter—Supplement ...... 13-14
NIE TS LY Seatetink ore) oxsieourenion an ekvon sahmemete socosceecaos54ec 17-18-68 220
Silay, CZ) wher SOUNIMNES Soop abo coo eos GU oodoHee 17 10
Driven without owners’ consent ............. 25 7
IDIEINVSIN, INCOM OOS? INVES Co occ e chee cb ocd 240 71
Being driven through ranges ................ 25 ie
Renaltye tor wWlesal, WSiMS ss a weiss s eee ete orale 28 eo
Sieeliave Oi, eirennel sleyeweny Giss oc ouop uc ooo on ood 28 80
Selling with unrecorded brand .............. 29 81
Wmatwahwiorizedesellines Omar cae ces a aciees ere eos 29 81
Taking up or using without consent .......... 29 82-3
NGGISt ek Dram ded tee meen tere says elas sale 5 BAe 106
IPGHWOe Ole oo~eGl wo) SEU Sob bo Heo eoenee Goo ose 94 1
I
Indemnity—Por diseased cattle .................... 61 198
ARO MWA OMA AVG! Faces ie eee agayictione ce \c1 « le fereae i ccaiey cots 61 199
Claims for ..... f aAGRO AS eT iene Bd: alpen Saad, Sy ere wera 69 229
Indians—Not to allow animals to graze ............ 70 232
PNralibaaveniSy 1aalele |oXou siewvAaGl 5 aS eG poe ooo Sataie pete 70 233
Damages from animals belonging to ......... 70 234
Lock, general provisioms! ..5......20..6.556 70-71
Inspectors—Instructions to ..................: 16 to 22
MECC MOMS Oil MAINE oosaccosocaonnouaeunue 5-6
INGE foMmspeck ak mile eee eeeeeeeaielo, Sos ee eneie suarel 16 3
WR Os SEMI SEE ay Ss ite wis wane treran weataereenrberi tert « Runciaprece lata heccneeaind sae. 6-7-8-9
Sellins ustrary: MOrsesprseesiieremces oes snl sisues Bats al OM tOn AS
NowVisit slawshter WOUSCSE see awe cle seas es eee 19 19
Not to tag calf hides ..... EBD: ce DECOR memo arto CAG 19 2S
To be certain.of shippers’ right .............. 20 30-31
4hG) ieSCCrmananeyalel ClejowhiAyY. 555555500 00h sb booUoOS 20 32
RO (Os 1k, lollisatore Cleiobiny 54a ceanen ooo 5 aco p 21 JE
MEESIG UNMIS a WMOWNNE Ss concoouemsoooUD a aoU MO 21 38
Mo! repork violations lok law ae ssa. «sees actos 22 41-42
AD OMSAV. EMO IRS OUSATG. gibive auehotas tons: sc Gas wlelaectie sus eituis 18 18
MindinestrayiceimeWerd | ncaa ene = eos = ns date ie 38 120
Reports prima facie evidence...... Ree ON eriee 38 120
PURE SOUL a a: Fy cweewestewte ck ew erecta epeyienish-cu se cisierensheuercusucpe Sesteys 65 213
May enter 2p rengiSeSie cscs sew sites cw os wens es tub 213
EMNGderin ScOT OOS CELINE 62... essce,sve, eps ee, cre ere 66-69 213-230
124 CATTLE SANITARY BOARD.
_ Page Sec
Making false‘ certificate sk. cick Gioviwteaemt ebereuetes 66 | 216
ACEEPUINE WD PIDe ss iis areribeese eee geen ne ea re eee 66 2158
No “tage WIiGSS 2, sca cheb s8s a hapelaee bbe Le eee ene ae 84
IMpoun dinS— OF AMM aAlS) Haevemeyetetel evened awe ee ore eee 82-85
Of animals Wa nyiEleizen rriayoicss deus cake see eee 86 9
Importation—Of cattle, horses and mules into Terr. .13-14—Supplem’t
Of Cattle from below quarantine line.... 14-15-16
Of cattle. KR. Re Supsatomvenortsiyt en 2) eee 16 14
Justice of Peace—May order round-ups............ 46 170
Shall conduct round =up) uw cane oases ene 47 171
To keep CStralySiis.s,<cisittene © miele icky s) ate wie aioe ete 48 174
"TO. SQM EStPalysl sic, tin ceo osc: oe ee One eee 49 176
Mees for sellin jestrays los. <tuseaeeie ste eee ete 49 177
Duty in-assessine. damlaces! /./-.6.)abeiakakelheeeeeetete 89
Knlling—Unbrandeds animals iyi ein «1s acs sia veil ciel eieoe ote 90
Freshly branded! animalsigerers «i's 2 score a cnete neue eens 90
Animals without, billhofisale)s 7... a2. seis a-aeeenee 90
L
Lime and Sulphur—To prepare for dip ............ 12
Levy—For Cattle Sanitary Board ..........iss000- 62-70 200-231
May WEROrPGeLed os cis ct sis ueteleteme unions 6 -ekeuekete a cil eee 62 200
County “Commissioners toumake. <,.... canescens 63-70 2038-231
How and -whien= wide Sauces. + s96 sud eesaaenens 63-70 203-231
Mi
Mange—-U. S. regulations—also Supplement...... 5*to 12
Herd found infected ...... fa ta Ye re Yate ite Rate hoveoete eee 5
Cattle affected to be quarantined ....4......... 5
Cattle mUStIDe Gia! ae. vere cleus: ctcetol oholviclsiicna ce teneaete 5
Inspectors to notify board of existence ......... 5
Cattle affected-——not to be moved ............. 5
Cattle’ free from tas. .0 4s e.s eee ie ainlegene hate. ot ewes 9 25
ADPPTOVEM ‘AEDST LOM eteperenes ahelete oo ee eete leit ene emene ENS 9 25
Approved dips forkece salen tie « ~ se eke aber,
Cars and yards Imtected: osnrccs « cvercieinneneter enters 10 28
Law TresarGine: o's kee wae sls xs ew teehee 97 to 100
Mavericks—Bran Gina (Of) (etre ree loan (2 eis eh cnieieenene cteke 40 124
BOUIN’ OF «nate ake ain She sist een ion a) ohio ote eee cae 40 125
Calves Ors COLES! oss 3 x Seer eh avsuavon bier etnt ey ene 79-80-81-86-87
Mexico—Live' stock; Eromn 2/5 < slvr s.e1s speyotevehols sheteie te Shenae 14 7
Mem bers—QOE DOA 5 asad Sere aye leah Me ncsenetare be vetstale jmeveh ucts 102
ElOw BPD OME! 4s lec raa melange svelte Wied tel chee Ne pemenene tenet 102
POLI cscs se tavoke Vere tebe rele ta tena sameMews atphatccs ahenaeeee hem mentere 102
TERRITORY OF NEW MEXICO.
Page
IN Uiraal lo TsO Leavers et c ovralscusvietie Gr afi: ciecrorenoeaiiod moe earaircl Miles omrane 102
HES OMU GMO eter apayeltayrai elie tret oh epstic aval eves cticl cieteuecatenem ana tbe do: s 63-62
Matlunestortile honmdy. y.s 442k... Ss fas eee. ks 62
HS ONUC MVVIVe Ren MLO oes ret atra) etre lei'ssieiepeueteusus tie eyetetener elle 63
Comipensaltiom Of) jyar-tere seis ecsiaes ehototoehete orks 63
ENA a HONS (Of, Aree ny ialne ie tie 102
BL OME E NO A Ua ed if RE ala rasta da asada cia vallescya ve veitaa ata 63
Ese ——— SLAVS COWS lade ss Seles aye eeie) elke 101 sreneselaeee as og 41
MEmMors——Maiy- Mave: DRANG. {6155 cm eyete over eo coehe eler lo: ere are) 37
WIGMEN—1SOgGl IME lOOMFONY coobeesboasococogcouauKs 67
Mortgaged—Cattle may have special brand .......... 37
Motherless—Calves or colts ............. 79-80-81-86-87
Mules—Importation into Ter. * sb eweyenata est ieaan cht elee ar aaah owe 13-14
N
Neat Cattle—Description and definition of ........... 23
Nara Visa—See Supplement.
l | Oo
@ath==Members shall. take. J.j045s004- 00sec. 5005 63
Meterenanians Shialiliita leew cers i ete liens ene 63
Members may administer ................... 56
. P
Peddline——Of beef 2... cet ee ee wee ee wee 84-95-96
IP OUWiaNO =I PON OKO: “S ceovasp oeo.o;0/0 0-6 0-d-o ole CVOIO ola ere d Glo Gc GON 85
See Impounding.
Portales—See Supplement.
Prima Facie—Brand is evidence...............-e++e- 23
Q
Quarantine—Rules and regulations ..... 13-14-15-16-5-6
Violation of any .......... pan SMUG rr anictg tals. ue aks 54-56-100
MONFOGCEMEME (One veer ailewonaltedenai cliche sccvesd es 6s 56-59
IIMSOOXGUOWE, TERY CIE SoaciccocboocoonouaGgeGCuGUDS 56
WarrtlermM ay Der sire: itsretestlaestoustone etratk slat aiiaten sriste arareiaueners 58
HEMP CMS SS Of s eate istere.e Mucmererenele tice: ue wrace e lone ecelenaie 59
Regulations, power of board .............. 97-100
ESO BG ue TMA ena) ee wf sees aise rate enenetien ate aes, iene-otseee ears 97-100
R
Railroads—May skin dead animals ................. 26
XGIVMM SMS OC earem teiemeeek clea istencier Set evel eiatelta clench ers 72-73-88
AMO) [oneulel SHANG SoudaGolooccowbudocoood0 00 ol 72-88
Not receive cattle unless inspected ........... 78
Not receive hides unless inspected ........... 84
Range Delivery—How made ........0..-202ecee00e 39
125
Sec.
209
204
205
204
131
118
220
117
=r)
“JI
188-191
190-196
190
194-5
195
126 CATTLE SANITARY BOARD.
Page
RanVe—OWnership «Of +: vey cher cret chet can et ooo eta” ot etot vie) list elena: © 40
Records—Secretary to - keep -:.2-..0:sacissccccec0- 66
CertificdicopyiOr eeu ied sells shennan mete siete 66
Butchers*to->- keep ics fsa feet ated drtuceeecers 76-95-96
Recording—Brands—See Brands.
Reports—Inspectors—prima facie evidence ......... 38
Ann wa l——of: ~ POA dir rise ite y's te fe to telelte ee tevteralertt rele 64
RO pines ——CONtESESn, %r. sraie hile teeits telereeteiiae torte totetian dete eel comets 100
Round-up—May be called for ................. 50-46
UWsine Worses! ~ativ.cc tortor le eels Rey 4 83
DiStriGts i wtnciie terete ete ce rosel ers Te ehaeia eco etienee tenements 46
TO De aAAVeEPESed: Se ikete dete tste ste tonons Ho Srebspecord ewea bic 47
Takine ‘animals frome aeieccs:5 2.22 tusueie lelecetene nants 47
AMay jontzhalok ehailanedis) 4 sooo EIN eOog Dg o6 conan 48
Ma lure Stop athe mi clipepe nse cy cyte cso!) 01 ettelotsiel temete tects 49-50
Rules and Regulations—Board shall make. .64-68-97-100
Salary—Of ‘secretary °. jctache cient lepre-s's @ vs clouaite nebeePoneneme 66-96
le Kein oy MOMMONE AG Cena OO OD COU OEE Ooi Oc OG DUE 67
Scabies—See mange.
Secretary— Board. (to employ air yetesctcs: vec. c's 1s eee neene eheks 52
Salaryirae citys sole oa ate CERI eos @ oe. SRS aRe eRe 66-96
Duties sob tee. che See hepato one cee. oes. 6 vance eee eenen 66
Bond (O25 p23 6 os ee res wee SS © > ae SEEN 67
To be notified of seizure of cattle ............ 106
Seizing—Cattle, for violating quarantine ............ 59
Cattle: with: unrecorded” brands: . o... 2 eee 106
Seal Press—When point is broken—Supplement.
Selling Cattle or Horses—Bill of sale to be given ....27-37
\ivfeeley ehebmereroreslerel lgieeholsls) so ob0ugnGgnnooogoodS 106
Shares—Cattle or horses on ............ 31-32-96-97-101
Shipping—Cattle without inspection. ..............+ 67
Hidestwithoutimepection: 52. seis aie ete 1. 84
Skinninge—Caittle, dead yarciy era: oa: chanieecy ets hehe eee 26
Slaughter Houses—Inspector to visit ........e..5e.08. 65
Slaughtered*Catthe——Miaivniey ais) s sic: eu) eve cients eae ate eee 69-60
Special Tax—See Levy.
Splenic Fever—See Texas Fever.
Stock—See also Animals.
TNTSTIMIRIN Ss 5s era arene aie eke be Gemeente 24
Being. driven. fromiraneee. fs ws-)cec tual eeueta aaa 24
Driven without owners’ consent .............. 24
Penaltyptorallecal iSite wervrs ic eneleiet eterna rene 28
Stealing of, crand Varcenivarerse eit ce eee “1 8
a Authority to handle may be given ............ 39
Range: delivery Of (2 Siac cms ote vencen ateteare ee eee 39
Sec.
127-128"
215
215
179-170
aie
ab7(al
172-3
174
178-179
208-223-4
217
248
186
217-2
217
217
196
75-119
95
219
74
213
228-197
69
70-71
(ia
79
50
122
123
TERRITORY OF NEW MEXICO. 127
Page Sec.
PEE SIO AUSS OE! ws, 85 sh = cel ousevedes Susieaberiss enol en ateneuoh ators ete! a1 45 144
Breakin anito! feldss-et@. 25 3- = «1. s.e ae ee) sue sisi s si 45 144
Indian—See Indians.
ESCH sty TER WIE oct i sie hates cm evs tayeleens sas an dies: Bier 72-73-88
Mara benimipomnde di = o27 5.41 ccncaetorse crete eles a eels 82-85
SALCSOMESHATECS | kc e dc alataereterch suenen o Grenada heat eneeus nie 101
Wearing unrecorded brands ..............-.-. 106
a
Tags—Where placed on hide .....................- 19 21
How to use—Supplement.
WAT CRO fee ratatons tbe eda coche ewer chido tetsiebergoeiiereveie ite) wle-sflal aaa 19 22
makine Wip—Cows Or MOVSES! 2). 52). ce ww se we ole 41-29 131-82-3
Territorial—Cattle Sanitary Board—AIlso hoard...... 61 200
Tax Levy—See Levy.
MEXAS SMOVET) ==" 2 Eiayaie as eiseeveele cs erate scale ee 50-53-14-15-16
Pineeem Wea sler el iit =—— ay een cp se aie che cis oe Geen Gecare aie) 3 32 101-2
Transportation Co’s—Bringing animals into Ter... 13-14
See also Railroads.
PETROS ASS pS oe oh opcolia a's) oe steve ele erm Sheeeie eters gow ats she ‘sie. 45-81-87 144
U
Unbranded—Animals, branding of_................. 40 124
PXTAG AME WIS AGTH Nh a =a ee 6 G\.c 0. CRORCED ERC RO RCRD RGEC rCnCnG 40-90 125
iWimelanmed Catile——. 5. 5 perce tee ss 2 one a eteus apes aue 68-39 223-121
MOMIESEEECEIVed “LOL Ye Nemeiie sc s+ lb oes Sele ae 6 68 224
Unrecorded Brands—wUsing and ................ 23-106 68
CWALLLOMMAVAN Sao c ayoue) seoMetenmener er sre) @ chelisl eis ecepensnele 39-106 121
@ONPMAVETICKS es Sel ate eevee aisle tals aitclerer ete 6 40 124
Umilaywawle to) WU a1. ecesestencteny oeeha es eons see sk 23-106 68
AIM aAlS tO bey SCIZS Ciipeneweseened secure, ot sh si-atni etetieneie oe 106
Veterinarian—Board may employ ................ 52-68 185-225
SUL EUTIV AO Te fia sn = Gls, eee aarrenen seme SMM Glen ay seeaner «) b erlevsetanaie 52 185
Manca daminister Oaths) eieras-l-reacens +12 2515 <) «rs ctehene 56 Ug)il
Shiai talke: Oaths :...i.is ave. omeirpew ete asia eeyie) ocgpe aise: sane 63 204
ionterterimac with. (i. \ske. cucumereneisl a Giclee a eis. ead she elas 69 230
Wiolatron——Or quarantine: << c:.irscswepies oie © <= +) > milsieieeltetere 100
WwW
Weapons—Deadly, at round-ups ................... 31 94
Witter —— Oni Pale OS Ws, cwsiie ot eteje sieichene, oFave.te sched ons oterleverabenew ans 40 127-8
IEP CS PASSE OM: ve) oraecttey sho raigen silsier Sraieia slieeesere eeceeees uk 81-87
NaldeAnimals—=B oumnibyaons sere cles cs cele 6 93-94-104-105
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