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AN ACT DEFINING THE CRIME OF BARRATRY AND PRESCRIBING THE PENALTY THEREFOR. H. B. No. 29; Approved March 16. 1907.
Sec. 1. Crime of barratry defined. Punishment.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. If any person shall wilfully instigate, maintain, excite, prosecute or encourage the bringing of any suit or suits at law or equity in any court of this Territory in which such person has no interest, with the intent to distress or harrass the defendant therein, or shall wilfully bring or prosecute any false suit or suits at law or equity, of his own, with the intent to distress or harrass the defendant therein, or if any attorney or counsellor at law shall seek or obtain employment in any suit or case at law, or in equity, to prosecute or defend the same, by means of personal solicitation of such employment or by procuring another to solicit employment for him in such cause, or who shall by himself or another seek or obtain such employment by giving to the person from whom the employment is sought money or other thing of value, or who shall directly or indirectly pay the debts or liabilities of the person from whom such employment is sought, or who shall loan or promise to give or otherwise grant money or other valuable thing to the person from whom such employment is sought before such employment in order to induce such employment, whether the same shall be done directly by him or through another, shall be deemed guilty of barratry, and shall upon conviction be punished by fine in any sum not less than fifty nor more than five hundred dollars, and may in addition thereto be imprisoned in the county jail not exceeding three months; and any attorney or counsellor at law violating any of the provisions of this act, shall, in addition to the penalty herein before provided, forfeit his right to practice law in this Territory, and shall be subject to have his license revoked and be disbarred on complaint before the district court for dishonorable conduct or malpractice, whether he has been convicted for violating this act or not.
Sec. 2. This act shall be in full force and effect from and after its passage, and all laws and parts of laws in conflict herewith are hereby repealed.
AN ACT RELATIVE TO THE INSPECTING OF BEES AND CREATING THE OFFICE OF INSPECTOR OF BEES. H. B. No. 105; Approved, March 16, 1907.
How qualified. Term of office.
Bee-keepers to notify inspector of Foul Brood or other infectious disease.
Sec. 9. Procedure when owner or possessor of bees disobeys inspector. Penalties. Sec. 10. Before proceedings inspector must read Act or cause same to be sent to
Sec. 11. Annual report of Precinct Inspector. What included.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. Upon the written application, under oath of any five actual bee-keepers, residing in, any precinct in this Territory, alleging upon information and belief, that the disease known as Foul Brood, or any other contagious or infectious disease, exists among the bees in said precinct, or that infected articles are kept in said precinct, and that there is danger that such disease will spread to other apiaries, being made to the chairman of the board of county commissioners of the county in which said precinct is located, the said board shall, by order to be entered in the records of said board, appoint some competent, actual bee-keeper, residing in said precinct, to be precinct inspector of bees; and the applicants shall state, in this application, the names of the actual bee-keepers of the precinct, so far as known to them.
Sec. 2. The person so appointed shall, within five days after his appointment, file with the clerk of such board, his written acceptance of the office, and the usual oath of office; or in default thereof, the board shall, in the same manner, make new appointments until the said office is filled. The inspector shall hold his office during the pleasure of the board, and until his successor is appointed and qualified.
Sec. 3. Every bee-keeper or other person who shall be aware of the existence of Foul Brood, either in his own apiary or elsewhere, shall immediately notify the inspector of bees, if
there be one, of the existence of such disease, and in default of so doing shall, on summary conviction before a justice of the peace, be liable to a fine of five dollars and costs.
Sec. 4. On receiving notice from any source of the exist ence, in any apiary in his precinct, of the disease known as Foul Brood, or any other infectious or contagious disease of bees, the inspector of bees shall forthwith inspect each colony of bees and all hives, implements and apparatus, honey and supplies on hand or used in connection with such · apiary, or otherwise distinctly designate each colony and apiary which he believes infected, and notify the owner or person in charge of said bees thereof, in writing or otherwise, and the owners of said bees, or the person in charge thereof, shall, within five days thereafter, practically and in good faith, apply and thereafter fully and effectually carry out to and upon such diseased colonies, such treatment as may have been prescribed, by the inspector for such cases; also thoroughly disinfect, to the satisfaction of such inspector, all hives, bee-houses, combs, honey and apparatus that have been used in connection with any such diseased colonies; or, at his election, the said owner or person in charge of such bees may, within the same time, utterly and completely destroy said bees, hives, house, comb-houses, honey and apparatus, by fire, or bury the same in the ground, with a covering of not less than two feet of earth.
Sec. 5. After inspecting infected hives or fixtures, or handling diseased bees, the inspector shall, before leaving the premises or proceeding to any other apiary, thoroughly disinfect his own person and clothing, and shall see that any assistant or assistants with him have also thoroughly disinfected their person and clothing.
Sec. 6. The inspector shall have full power, in his discretion, to order any owner or possessor of bees dwelling in box hives in apiaries where the disease exists (being mere boxes without frames) to transfer such bees to movable frame hives within a specified time, and in default of such transfer, the inspector may destroy, or order the destruction of such box hives and the bees dwelling therein.
Sec. 7. Should the owner or possessor of diseased colonies of bees, or any portion of said colonies, be they queens or workers, or of any affected appliances of bee-keeping, knowingly sell or barter, or give away, or move or allow to be moved, such diseased colonies, or portion of colonies, or infected appliances, he shall, on conviction before any justice of the peace, be liable to a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), or to impri
sonment in the county jail for any term not exceeding two months.
Sec. 8. Should any person whose bees have been destroyed or treated for Foul Brood sell, or offer for sale, any bees, hives, or appurtenances of any kind, after such destruction or treatment, and before being authorized by the inspector to do so, or should he expose, in his bee yard or elsewhere, any infected comb honey, or other infected thing, or conceal the fact that said disease exists among his bees, he shall, on conviction before a justice of the peace, be liable to a fine of not less than twenty dollars ($20) nor more than fifty dollars ($50,) or to imprisonment in the county jail for a term not exceeding two months and not less than one month.
Sec. 9. When an owner or possessor of bees shall disobey the directions of the said inspector, a justice of the peace, may, upon the complaint of the said inspector, cause a sufficient number of special constables to be sworn in and such special constables shall proceed to the premises of such owner or possessor and assist the inspector to seize all diseased colonies and affected appurtenances, and burn them. forthwith; and, if necessary, the said constables may arrest the said owner or possessor and bring him before a justice of the peace, to be dealt with according to the provisions of the preceding section of this act.
Sec. 10. Before proceeding against any person before any justice of the peace, the said inspector, shall read over to such person the provisions of this act, or shall cause a copy thereof to be delivered to such person.
Sec. 11. The said inspector shall include in his annual report to the board a statement of his work during the preceding year, which statement shall include: First, the number of colonies inspected; second, the number of colonies diseased; third, the number of colonies destroyed by fire or otherwise; fourth, the names of the owners, and the localities where found; fifth, the amount paid him for his services, and expenses for the preceding year.
Sec. 12. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 13. In the opinion of the Legislative Assembly an emergency exists, and this act shall take effect from and after its passage.
AN ACT PROVIDING FOR THE SPRINLING OF STREETS IN UNINCORPORATED TOWNS AND ASSESSING THE EXPENSE THEREOF AGAINST THE OWNERS OF PROPERTY ABUTTING
UPON SAID STREETS. H. B. No. 113; Approved March 16, 1907.
Sec. 1. In towns of two thousand or more, County Commissioners may assess special tax for street sprinkling. Proviso.
Duties of County Commissioners in respect to rates.
Be it enacted by the Legislative Assembly of the Territory of
Section 1. That whenever the board of county commissioners of any county in this Territory having one or more unincorporated towns, which have a population of two thousand or more shall determine that the streets within any such town, or certain streets or parts of streets. shall be sprinkled in whole or in part, at the expense of the owners of property abutting on such streets, such board of county commissioners shall estimate and determine the expense of sprinkling such streets or portions of streets and the proportion of such expense to be borne by such owners of such abutting property, and the rate to be assessed against each abutting lot, and thereupon shall proceed to assess, against each lot or parcel of land so abutting upon such streets or portion of streets their proportionate share of such expense according to its frontage: Provided, That vacant lots abutting on such streets or portions of streets shall only be assessed one-half the amount of property occupied by buildings.
Sec. 2. When any such board of county commissioners contemplates making an assessment for the above purposes, it shall be the duty of said board to first determine what streets or portions of streets shall be sprinkled; they shall thereupon determine the approximate amount necessary to do such sprinkling for the year beginning April 1st, 1907, and shall apportion the assessments equitably against the abutting property of streets or parts of streets to be sprinkled.
Sec. 3. After it has been determined by the board of county commissioners what streets or parts of streets shall be sprinkled and what the approximate assessment will be