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the payment of the fees and mileage of such witnesses, jurors, bailiffs, interpreters and stenographers; Provided, When a change of venue is taken in any criminal case the clerk of the court in the county whence the case is changed shall notify the clerk of the district court where the same is tried of the amount available for fees in such case.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT TO REFUND TO TERRITORIAL INSTITUTIONS MONEYS USED FOR EXPENSES IN SELECTION AND LOCATION OF PUBLIC LANDS, AND PROVIDING FOR THE PAYMENT OF FUTURE EXPENSES IN THE SELECTION AND LOCATION OF PUBLIC LANDS. C. B. No. 115; Approved March 21, 1907.
Special tax levy to re-imburse various institutions.
Appropriation for expenses of selection and location of terrritorial lands. Expenses of location and selection for 54th and 55th fiscal years chargeable to various institutions.
Whereas, Under Act of Congress of June 21st, 1898, numerous public institutions of the Territory of New Mexico were granted large tracts of land; and,
Whereas, Since the year 1902 the payment of all expenses for the location and selection of said lands for the several institutions has under a legislative act been made out of the revenues derived from said lands; and,
Whereas, The Attorney General of the Territory has recently held that said revenues could not, under the said Act of Congress, be used for said purposes;
Be it Enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. That a special levy of seventy-five one-hundredths of one mill on the dollar be levied on the taxable property of the Territory to re-imburse the several territorial institutions for moneys heretofore expended belonging to such institutions for the selection and location of territorial lands, as follows: Blind Asylum... Military Institute..
Sec. 2. There is hereby appropriated out of the territorial salary fund for the 58th, 59th and 60th fiscal years for the purpose of defraying the expense of selecting and locating further territorial lands under said act of June 21st, 1898, the following amounts:
To each member of the United States land commission, five hundred ($500.00) dollars per year, payable monthly...
For the per diem and expenses of locating engineer to be employed from time to time by said U. S. land commission, as needed
For contingent expenses for office of said U. S. land commission...
Sec. 3. The Auditor of the Territory is hereby authorized and required to charge the amounts of moneys heretofore expended for the maintenance of the board of public lands during the 54th and 55th fiscal years against each of the several territorial institutions, according to the percentage and amount which should be borne by each institution the same to be determined by the territorial auditor and the commis. sioner of public lands.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT DEFINING ESTRAY ANIMALS AND PROVIDING FOR THE TAKING UP OF THE SAME, FOR THE RETURN OF ESTRAYS TO THEIR OWNERS, OR FOR THE SALE OF THE SAME BY THE CATTLE SANITARY BOARD OF NEW MEXICO. C. B. No. 35;
Be it enacted by the Legislative Assembly of the Territory of New Mexico.
Section 1. Definition of Estray.-Any bovine animal, horse, mule or ass, found running at large upon public or private lands, either fenced or unfenced, in the Territory of New Mexico, whose owner is unknown in the section where found, or which shall be fifty miles or more from the limits of its usual range or pasture, or that is branded with a brand which is not on record in the office of the Cattle Sanitary Board of New Mexico, shall be known as an "estray," and it shall hereafter be unlawful for any person, persons, corporation or any company, or their or either of their employes or agents to take up any such estray and retain possession of same, except as herein provided.
Sec. 2. How May Be Taken Up.-No person shall take up an estray animal except in the county where he resides and is a householder, nor unless the same be found in the vicinity of his residence. When any person shall take up an estray, he or she shall within five (5) days thereafter make out a written description of such animal or animals, as the case may be, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age, size, sex, and forward the same by mail to the secretary of the cattle sanitary board; Provided, That any person having knowledge of any estray animal or animals upon any public
or private range, fenced or unfenced, may notify the Cattle Sanitary Board's Secretary or any authorized brand inspector of said board, giving description of said estray or estrays, and upon instructions from said board, or from an authorized inspector of said board, said estrays may be driven to a railroad shipping point and there turned over to a duly authorized inspector of said board for disposition as the said board may direct according to law.
Sec. 3. Board May Return To Owner.-Upon receiving notice of the taking up of any estray animal or animals, it shall be the duty of the secretary of the cattle sanitary board to make, or cause to be made, an examination of the territorial brand records, and if from this record the name of the owner or probable owner can be determined, he shall forthwith notify him of the taking up of such estray or estrays, and upon said owner proving to the satisfection of the board that said estray animal or animals are lawfully his, the said board shall issue to him an order to receive the same upon payment of any reasonable charges which may have been incurred in the care of said animal or animals so taken up. Provided, however, That no charge of more than five cents per day per head shall be made or allowed for the care of any estray animals.
Sec. 4. If Unknown Must Advertise.-If the secretary of the cattle sanitary board shall be unable to determine from the records and description who is the owner or probable owner of such estray or estrays, he shall at once cause an advertisement to be published in the official live stock paper for two (2) consecutive weeks, giving a description of said animal or animals, shall state when and where the same were taken up and shall give notice that unless said animal or animals are claimed by the legal owner within ten (10) days after the last publication of said notice, then the same shall be sold by the cattle sanitary board for the benefit of the owner when found; Provided, That where such animals are unbranded or the brands are unrecorded or unknown to the cattle sanitary board, said board may at its discretion in addition to advertising in the official paper, cause a similar advertisement to be published twice in some paper published in the county where said animals were taken up.
Sec. 5. Unclaimed Estrays Sold.-If said estray animal or animals shall not be claimed within ten (10) days after the last publication of said advertisement they shall be sold by the cattle sanitary board through an authorized brand inspector of said board, in such manner as the board may direct. It shall be the duty of the brand inspector making such sale to give a bill of sale to the purchaser from the cattle
sanitary board, signed by himself as inspector for said board, which bill of sale shall be legal evidence of the ownership of said animal or animals by the purchaser thereof, and shall be a legal and valid title to said animal or animals.
Sec. 6. Proceeds of Sale in Estray Fund.-The brand inspector making the sale of such estray or estrays shall return the proceeds of such sale to the cattle sanitary board, who shall pay the expenses incurred in taking up, holding, advertising and selling such animal or animals, and place the balance in the fund of said board, making a record of the same, showing the marks and brands and other means of identification of said animal, and giving the amount realized from the sale of same, which said record shall be open to the inspection of the public. Should the lawful owner of an estray or estrays which have been sold as provided herein be found within two (2) years after the sale of such animal or animals, the net amount received from the sale of said estray or estrays, less the sum one dollar ($1.00) for each estray, to be retained by the cattle sanitary board shall be paid to said owner upon his proving ownership to the satisfaction of said cattle sanitary board.
Sec. 7. Taker-up Must Hold.-Upon taking up any estray animal or animals, and sending description of the same to the cattle sanitary board, as provided in Section 2 of this act, said taker-up shall be entitled to hold same lawfully until relieved of their custody by the said cattle sanitary board. Should a claimant for said animal or animals apply to the taker-up for possession of the same the said taker up shall at once notify the cattle sanitary board in writing of such application, and should the said board be satisfied that said applicant is the lawful owner, it shall forthwith issue an order by the secretary, authorizing said taker-up to deliver said estray or estrays to the owner, who may be required to pay any reasonable charges made by the taker-up; Provided, That in case of a controversy as to what shall constitute a a reasonable charge, the said cattle sanitary board shall fix the amount, the time of service for which said taker-up may claim remuneration commencing upon the date of notification made by the said taker-up to the cattle sanitary board.
Sec. 8. Penalty for not Reporting.-It shall be unlawful hereafter for any person other than an authorized inspector of the cattle sanitary board to take up or retain possession of any estray animal or animals, except as herein provided, and any person who shall take up and retain possession of any estray animal or animals without notifying the cattle sanitary board, within the time as provided in this act, shall be guilty