who, if the same is not called for by the proper party within twelve months, shall cover the same into the general school fund of the county: Provided, That if the proceeds of the sale of the animal or animals so retained as provided for in section one hundred and forty-nine or section one hundred and fifty is not sufficient to pay the amount of said execution and costs, then execution shall issue for the amount of deficit: Provided, further, That the executions issued under this act shall be subject to the same restrictions now governing the law on executions.

$152. Before damages for the breach mentioned in the preceding sections can be collected it must be proved that the inclosure was a legal fence, which is hereby defined to be within the meaning of this act, a strong, substantial inclosure, ordinarily sufficient to turn animals; said inclosure 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 lawful fences in all counties in this territory.

$153. Nothing in this act shall be construed to prevent the right of appeal by either party from the award of arbitration or finding of the justice of the peace: Provided, Said appeal is taken within ten days from the time of such finding or the return of such award: And provided, further, That appeal 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.

$154. No hog or swine shall be permitted to run at large, and the owner of any hog or swine trespassing on property any person shall be liable in treble the damages occasioned by such trespass and a fine of not less than five nor more than ten dollars for each offense.

of

No hogs or burros permitted at large.

$154a. No hog, swine or burro shall be permitted to run at large within the limits of any city, town or village of not less than four hundred inhabitants, and the owner of any hog, swine or burro trespassing on property of any person shall be liable in treble the damages occasioned by such trespass and a fine of not less than five nor more than ten dollars for Feb. 26. each offense.

C. 84, L. 91. § 1:

L. 1884, chap. 48, 1: March 27. Tr.

sheep unlawful, when.

§ 155. It shall be unlawful for any person or persons in the Territory of New Mexico to disturb or interfere with any Disturbing herds of herd or herds of sheep, or to drive them or cause them to be driven away from any place where such sheep may be pastured or herded upon any lands, except such person be the owner of such lands, and provided he shall have distinctly marked out the boundaries of the same so that the same can be distinguished and known to be private land.

Misdemeanor.pen

alty.

for.

$156. Any person who shall violate the provisions of the foregoing section shall be guilty of a misdemeanor, and upon conviction before any justice of the peace or district court be fined in the sum of one hundred dollars and imprisoned in the county jail for thirty days; and such person shall also be Damages, liability liable to the person or persons whose sheep were disturbed, interfered with, and driven away, for the damages which he or they may have sustained, and in addition to such damages which he or they may have sustained he shall also pay the sum of five hundred dollars as exemplary damages, and such damages to be recovered in an action of trespass brought in the district court of any county of the judicial district in which such offense has been committed.

ía. § 2.

Employers jointly liable.

Id $3.

Liability for kill

son.

§ 157. In case any violation of any of the provisions of this act shall have been committed by any employe or herder of any person or persons, company or corporation, he, they, or it shall be liable for the acts of their said employe or herder to the person or persons injured in the same damages as provided in section one hundred and fifty-six.

$158. Any person who, in violating any of the provisions ing or injuring per- of this act, shall injure any person, herder, or employe, in charge of any herd or employed in the same shall be liable to the party injured in such damages as the jury trying such cause may assess, and if any such person, herder or employe, should be killed by any person in violating any of the provis ions of this act, or who shall die in consequence of having received any injury as aforesaid, such person shall be liable to the executor, administrator, or widow of such deceased person, in the sum of five thousand dollars as fixed and liquidated damages: Provided, also, That if such person committing such injury causing such death shall at the time be in the employ of or acting for any person or persons, company or corporation, he, they, or it, shall be liable jointly with, or separately, the person and wrong-doer to the party injured, his executors, administrators, or widow, in the damages as above provided.

Id. § 4.

Damages, how re

covered.

Id. § 5.

Sheep sanitary board created.

$159. The damages to be recovered under the foregoing section shall be by an action on the case in any county of the judicial district in which the cause of action accrues.

§ 160. A Sheep Sanitary Board, consisting of three (3) practical sheep raisers and owners is hereby created for the Territory of New Mexico, which territory, for the purpose of this act, is hereby divided into three sheep sanitary districts, as follows: First district, Lincoln, Chaves, Eddy, Grant, Dona Ana, Sierra and Socorro; second district, Valencia, Bernalillo. San Juan, Rio Arriba, Taos and Santa Fe; third district, San Miguel, Guadalupe, Mora, Colfax and Union. The governor

shall nominate members of said board, one from each of the several districts and appoint them by and with the advice and consent of the legislative council, who shall serve for the period of two years from the approval of this act and until their successors are appointed and qualified as hereinafter provided: and in case of any vacancy in said board from any cause, the governor shall fill such vacancy by appointment and such appointee shall hold only during the unexpired term for which he was appointed: Provided, That each member of such board must be a practical sheep man and owner of sheep and a bona fide resident within the district from which he is appointed, and his permanent removal therefrom to another district shall cause a vacancy in such board.

$161. Such board shall organize within thirty days after the passage of this act by electing a president and vice president from among their number, and also by the selection of a secretary who need not necessarily be a member of the board, but who shall be a sheep owner, such board shall select permanent headquarters, which shall not be changed within the fiscal year in which they are established and the secretary shall permanently reside thereat; regular meetings of the board shall be held at such headquarters twice in each fiscal year and special meetings may be held upon the call of the president thereat. At such times as the president may deem necessary upon a call issued therefor, the members of such board shall receive no compensation whatever except that they may be reimbursed for necessary actual expenses incurred in the attendance upon meetings of said board upon itemized bills therefor, audited and allowed by the president and secretary of said board. The secretary shall be paid such salary or compensation for his services as may be agreed upon between him and the board. The secretary of such board shall, before he enters upon the duties of his office qualify by giving a bond to the Territory of New Mexico with good and sufficient sureties to be approved by the president, in a sum of not less than one thousand dollars conditioned for the faithful performance of his duties under the law and the rules and the regulations of the board, which bond may be sued upon in the name of the territory for the benefit of any person interested. The secretary shall keep full minutes of the actions of the board at regular and special meetings and also all record books, lists and other documents necessary or convenient for the transaction of the business of the board as may be provided for in its rules and regulations.

$162. The board hereby created is authorized and required to adopt and publish such rules and regulations as may be necessary to carry into effect the provisions of this act, and for the convenient and effective dispatch of its business, such board shall also have the power and it is hereby directed to appoint sheep inspectors not to exceed two (2) in any one county of the territory, and one (1), at least, in each county, who shall be under the immediate control, direction and authority of the said board, and who shall be governed by its rules and regulations. Such inspectors must be bond fide residents of the county from which they are appointed

C. 52. L. 97, § 1: March 18.

Organization of

board.

Id. §.

Power of board.

March 18.

C. 52. L. 97. § 3; and practical sheep men and owners of sheep, and before they enter upon the duties of their office each shall give a bond to the Territory of New Mexico in the sum of five hundred dollars conditioned for the faithful performance of the duties of his office, with at least two sufficient sureties, to be approved by the president of the board, which bond may be sued upon in the name of any person interested. It shall be the special duty of said sheep inspectors to carefully enforce all the provisions of this act and of the rules and regulations of said board, and for the purpose of carrying out the same they and each of them shall have special police powers to enforce such laws, rules and regulations, by making complaints or arrests without warrant in case of any violation of any of the provisions of this act; the compensation to be paid such inspectors for their services, shall be agreed upon between. them and the said board according to the circumstances of the several cases and the services rendered by such inspectors the same to be paid upon warrants drawn by the president and secretary of said board.

sheep.

Inspection of § 163. No sheep shall be allowed to enter the Territory of New Mexico from any other county, state or territory until the person proposing to enter such sheep shall have given the secretary of the board at least ten days' notice by registered mail of such intention. Upon receiving such notice the secretary shall direct the inspector nearest to the proposed point of entry to proceed to such point and inspect such sheep for which service the owner shall pay to said inspector a fee of ten cents per head on rams, and five cents per head on stock sheep, which amount shall be sent by such inspector forthwith to the secretary of the board together with his report of such inspection which shall include the name of the owner, the number of rams and sheep respectively, average age and quality and point of destination in the territory, together with a statement of the condition in which said sheep were found; if at such inspection such rams and sheep are found clean and healthy the inspector shall issue to the owner a certificate to that effect, and allow such sheep admission in the territory: otherwise such inspector shall require such sheep to be dipped at once at the place of inspection under the rules and regulations and in the manner prescribed by the board and at the expense of the owner of such sheep.

In case of said person failing to give notice to the secretary of the board on notice received from any sheep man, he shall direct the sheep inspector to the place where the sheep may be and inspect such sheep for which service the owner shall pay to the said inspector double the amount heretofore provided for.

§ 164. All sheep within the territory must be dipped at least once in each year in accordance with the rules and regulations to be established by the board and be inspected at least once each year by the inspectors above provided for, who shall forthwith make a report thereof to the secretary of the board, giving the number of sheep in his district, the owners of the same and also as to their condition of health or having any infectious or contagious disease or parasites which re

port the secretary of the board shall record in a proper book for reference. No sheep afflicted with scab or other contagious or infectious disease or parasites, shall be allowed to travel except between the ranch where they belong and the dipping vats, and then only under the regulations prescribed by the board; and any flocks of sheep which shall have scab shall be dipped twice or more times a year as shall be determined by the board until pronounced clean by the inspector: Provided, That the dipping heretofore provided for shall not be done during the inclement months of the year during the prevalence of storms.

$165. Appeals from the decisions and orders of inspectors may be taken by any person aggrieved to the board, under such rules and regulations as may be provided therefor by such board, and the decision of the board thereon shall be final; and if any person refuses to comply with the orders of the board and its decisions, such board may compel obedience thereto in a summary manner by presenting the case to a district judge who shall thereupon cause a warrant to be issued to bring the offending party forthwith before him for a hearing and the refusal of any such person to obey any of the orders or decisions of said board shall be a ground of attachment against the sheep owned by him, which attachment shall issue without bond on the affidavit of the president of said board, and shall be for an amount to be named in such affidavit by the president of said board, and afterwards such proceedings shall be had therein as in ordinary cases of attachment: Provided, That the said board shall not be required to advance any fees or costs in such case and any sheep inspector herein provided for may serve the process of said court and perform the duties of the sheriff of his county in serving and levying and making return of said writ to the same extent as the sheriff himself could do.

$166. No person shall sell or otherwise dispose of any sheep as defined in this act or purchase or receive any such sheep without giving and receiving a bill of sale in writing therefor, as provided in sections seventy-five to eighty-one inclusive, with reference to neat stock, and all of the provisions of said sections seventy-five, seventy-six, seventy-seven, seventy-eight, seventy-nine, eighty and eighty-one are hereby extended to and made applicable to sheep, including all the penalties for violations of said sections provided for therein and the sheep inspectors hereinbefore provided for are hereby clothed with special police powers to enforce the provisions of those sections and of this law.

$167. For any violation of any of the provisions of this act by any member of the said board or any inspector, officer or agent of the same, such member, officer or agent, shall forfeit his office and pay a fine of not more than one hundred dollars, to be imposed by any court having competent jurisdiction, which fine shall be paid into the territorial treasury to be credited to the fund set apart for the sheep sanitary board as hereinafter provided for.

$ 168. It shall be the duty of the county commissioners of each county in the territory at the time of levying other

C. 52, L. 97, § 5; March 18.

Appeals.

Id. § 6.

Written bill of sale required.

Id. § 7.

Penalties.

Id. § 8.

Special tax to be levied.