C. 32, L. 97. § 7; March 10. Fishway to be maintained. Streams may be appropriated for propagating. Id. § 8. Unlawful to sell. or expose for sale, animals prohibited by this act. § 1360. Every person, firm or corporation, erecting any dam, wier, or artificial obstruction in any stream in this territory, shall construct and maintain at all times a sufficient fishway for the free passage of such fish up and down said stream: Provided. That this section shall not apply to irrigating dams and ditches at places where it is necessary to take out the whole of the water of any stream for irrigating purposes. § 1361. Any person, corporation or association of persons, owning or leasing land through which any stream in this territory runs, may appropriate so much of said stream as runs through lands so owned or controlled for the purpose of propagating or protecting fish therein; and after they shall have posted up notices of such appropriation at conspicuous places on said premises, it shall be unlawful for any person or persons to catch, take or fish for, any fish, in or upon such waters or premises, or to mutilate, deface or remove any of such notices: Provided, Such premises shall be inclosed with a substantial fence and that such waters shall be kept well stocked with fish by the person so appropriating the same. § 1362. It shall be unlawful to sell or expose for sale, at any game birds or any time, any of the game, birds or animals, the killing of which is prohibited or restricted by this act, or to sell the flesh, hide or any part thereof. It shall be unlawful to sell any speckled trout, or other food fish, caught in any of the public waters of the territory: Provided, That it is not the intention of this act to prevent dealers and butchers from selling any game, birds or animals killed outside the boundaries of this territory. Burden of proof on dealers. Id. § 9. Common carriers shall not transport. Id. § 10. Taxidermists may capture or kill. Id. § 11. Penalty and disposition of fines. In any trial for the violation of the provisions of this act, the burden of proof shall be upon such dealers or butchers, to prove that such birds or animals were killed without the boundaries of this territory. § 1363. It shall be unlawful for any railway, express company, stage line, or public carrier, to transport outside the territory, or receive for such transportation, any of the game, birds or animals mentioned in this act, or the flesh or hides thereof, that may be offered for such transportation at any place in this territory. § 1364. Nothing in this act shall prevent professional taxidermists from killing birds or animals for the purpose of preserving the same, nor any person from capturing or taking any of said birds or animals for the purpose of domesticating or preserving the same in parks or inclosures within this territory: Provided, Such taxidermists or other persons must prove that such birds or animals have been preserved and used for such purpose. Birds or animals so taken for such purposes may be shipped out of the territory, only upon written permit from some duly appointed warden of this territory. § 1365. Any person or persons, or the officer, agent or employe, of any firm or corporation, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, before any justice of the peace, or other court of competent jurisdiction, shall be punished for each offense by fine in a sum not less than twenty five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty, nor more than sixty days, or by both such fine and imprisonment, at the discretion of the court or justice trying the case: Provided, That any person convicted of using any drug or explosive substance, or of turning the waters of any stream for the purpose of killing or taking fish, shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned in the county jail for not less than sixty days nor more than six months, and the violation of the law as to each bird or animal shall constitute a separate offense. One-half of each fine collected under this act shall be paid to the person or persons upon whose testimony the conviction is had, and the other half shall be paid to the treasurer of the county, in which the offense is committed, for the benefit of the school fund. In all cases of conviction under this act, the court or justice shall assess the fine and costs and fix the term of imprisonment as the case may be; and in case the fine and costs be not paid, said court or justice shall issue execution against the defendant for such fine and costs and shall order as part of the judgment that the offender be committed to jail until such fine and costs are fully paid: Provided, That no term of imprisonment shall exceed six months for one offense. It is hereby made the duty of all justices of the peace in this territory to try all cases under this act without requiring security for fees and costs, or requiring the same to be paid in advance, and any justice refusing to try any such case properly brought before him shall be removed from office by the governor. § 1366. The governor shall appoint as many wardens in each county as he may think necessary to enforce the provisions of this act. Such wardens are hereby invested with the authority of sheriffs to make arrests and to serve search warrants legally issued, and in doing so they may enter any car, building or apartment, and break open any box, barrel, crate, locker or other receptacle and examine the contents thereof. It shall be the duty of such wardens to arrest without warrant and take before any justice of the peace of the county where the offense is committed, any person or persons violating any of the provisions of this act; and this act shall be full protection to any warden making such arrest, or making and filing an affidavit charging any person with such offense, either upon his own knowledge or upon information furnished by a reputable citizen of this territory, and for such services the wardens shall receive the same fees as are now allowed by law to sheriffs for similar services: Provided, That the same shall be collected as part of the costs from the defendant. The warden shall also be entitled to one-half the fine collected when conviction is had upon his testimony. It shall also be the duty of all county commissioners and other officers and citizens of the several counties, whenever the violation of any of the provisions of this act shall come to their knowledge, to cause the arrest of the offender by making C. 32, L. 97, § 12: March 10. Governor to appoint game warden. Their powers. Duty of County commissioners, etc. C. 32. L. 97, § 13: and filing before a justice of the peace an affidavit charging the person or persons with such offense. March 10. The wardens herein provided for may be removed at any time by the governor. Every such warden shall, before being qualified to act give a bond to the territory in the sum of five hundred dollars, with sufficient sureties, conditioned for the faithful performance of his duties, which bond shall be filed in the office of the recorder of the county wherein he resides. § 1367. The governor may, in his discretion, by proclamation, suspend the operation of the provisions of this act relating to the killing of quail, in any locality or county, where the same become so numerous as to be destructive to crops. SABBATH OBSERVANCE. $ 1368. Any person or persons who shall be found on the first day of the week, called Sunday, engaged in any sports, or in horse racing, cock fighting, or in any other manner disturbing any worshiping assembly, or private family, or attending any public meeting, or public exhibition, excepting for religious worship, or instruction, or engaged in any labor, except works of necessity, charity or mercy, shall be punished by a fine not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court. § 1369. All fines collected under this act to be applied to the school fund of the district in which the offense was committed. It shall be the duty of any sheriff, collecting said fine, to pay the same to the county treasurer, to the credit of the school district of the county in which the said offense was committed, within thirty days after collecting said fine, and take his receipt therefor. § 1370. It shall be lawful in cases of necessity for farmers and gardeners to irrigate their lands, and when necessary to preserve the same, to remove grain and other products from the fields on said day; and nothing in this act shall be construed to prevent cooks, waiters and other employes of hotels and restaurants, and of butchers and bakers, from performing their duties on said day. § 1371. No civil process shall be issued or served on, said day, except in case of capias, attachment or replevin, when the plaintiff, or his agent, shall make oath that he is in danger of being subjected to loss, or serious inconvenience, unless process shall be issued or served on said day. In all other cases, any civil process issued, or the service thereof, on said day, shall be void. § 1372. Sunday, for the purpose of this act, shall be regarded as the time between sunrise and midnight of said day. § 1373. Witnesses attending to testify on the part of the territory, under the provisions of this act, shall be entitled to receive two dollars for each day's attendance, and the mileage provided by law, to be taxed as other costs. § 1374. It is hereby made the duty of the attorney general and district attorneys, to prosecute offenders against the provisions of this act, and they shall be entitled to receive a fee of five dollars for each conviction, to be taxed as other costs. HOTELS AND INN KEEPERS, PROTECTION OF. C. 29. L. 76, § 6: March 1. Fraud, on innkeepers; penalty. § 1375. Any person who shall put up at any hotel, and who shall procure any food, entertainment or accommodation without paying therefor and with the intent to cheat or defraud the owner or keeper thereof out of pay for the same, or who with intent to cheat or defraud such owner or keeper out of pay therefor, or shall obtain credit at any hotel or inn for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, or who shall with such intent, remove or caused to be removed any baggage or effects from any hotel, inn or boarding house, while there is a lien existing thereon for the proper charges due from him or her for fare and board furnished therein, shall be punished by imprisonment not exceeding three months in the county jail, or by fine not exceeding one hundred dollars, 1; Feb. 17. or both at the discretion of the court. § 1376. It shall be the duty of all inn holders to post up a printed copy of this act in a conspicuous place in each room of their hotel or inn. DEADLY WEAPONS. L. 1882. chap. 45, § Copy to be posted. Carrying any deadly weapon. § 1377. That any person who shall hereafter carry a deadly weapon, either concealed or otherwise, on or about the settlements of this territory, except it be in his or her residence, or on his or her landed estate, and in the lawful defense of his or her person, family or property, the same being then and there threatened with danger, or except such carrying be done by legal authority, upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred, or by imprisonment not less than sixty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court or jury trying the Feb. 18. same. § 1378. Any person who shall draw a deadly weapon on another, or who shall handle a deadly weapon in a threatening manner, at or towards another, in any part of this territory, except it be in the lawful defense of himself, his family or his property, or under legal authority, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary not less than three months, nor more than eighteen months, or by both such fine and imprisonment, in the discretion of the court or jury trying the same. 1379. Any person who shall unlawfully assault or strike at another with a deadly weapon, upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary, not exceeding three years, in the discretion of the court or jury trying the same. § 1380. Any person who shall unlawfully draw, flourish or discharge a rifle, gun or pistol within the limits of any set C. 30, L. 87. $ 1: Threatening any person. Id. §. Assault with deadly weapon. Id. § 3. Flourishing deadly weapon. Feb. 18. — C. 30, L. 87, § 4; tlement in this territory, or within any saloon, store, public hall, dance hall or hotel, in this territory, except the same be done by lawful authority, or in the lawful defense of himself, his family or his property, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a term of not more than three years, or by both such fine and imprisonment, in the discretion of the court or jury trying the same. The word settlement, as used in this act, shall be construed to mean any point within three hundred yards of any inhabited house, in the Territory of New Mexico. Insulting person while armed. C. 63. L. 91, § 1; Feb. 26. Jurisdiction of of fenses. C. 30, L. 87, § 6. Feb. 18. Deadly weapon; definition of. Id. § 8. carry arms. § 1381. Any person being armed with a deadly weapon who shall, by words or in any other manner, insult or assault another without sufficient provocation, upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary, for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court or jury trying the same. § 1382. Justices of the peace, as well as the district courts, shall have concurrent jurisdiction of all offenses committed under section one thousand three hundred and eighty-one, but of offenses committed under the remaining sections hereof, justices of the peace shall not have jurisdiction except as committing magistrates, and it is made the duty of the justices of the peace of the several counties of the territory before whom any person is brought or arraigned for the violation of any of the above sections, other than section one thousand three hundred and eighty-one, if reasonable grounds exist to believe such person guilty, to bind such person over in a good and sufficient bond to the district court of such county, and in default of such bond, to commit to jail as in other felonies. $1383. Deadly weapons, within the meaning of this act, shall be construed to mean all kinds and classes of pistols, whether the same be a revolver, repeater, derringer, or any kind or class of pistol or gun; any and all kinds of daggers, bowie-knives, poniards, butcher knives, dirk-knives, and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes; as also slung-shots. bludgeons or any other deadly weapons with which dangerous wounds can be inflicted. Travelers may § 1384. Persons traveling may carry arms for their own protection, while actually prosecuting their journey, and may pass through settlements on their road without disarming: but if such travelers shall stop at any settlement for a longer time than fifteen minutes they shall remove all arms from their person or persons, and not resume the same until upon eve of departure. Id. § 9. Officers may carry arms: when. § 1385. Sheriff's and constables of the various counties and marshals and police of the cities and towns in this territory and their lawfully appointed deputies, may carry weapons when in actual charge or pursuit or search of a person |