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Sec. 7. Any person violating the provisions of sections 3 and 4 of this act, whether by shipping or driving sheep out of the territory, without first having obtained the certificate therein provided for, or by failing to pay the fees required by said sections, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and, in the discretion of the court also by imprisonment not exceeding six months.

Sec. 8. Whenever any inspector shall find any sheep infected with scab or other contagious disease, he shall notify the owner or person in charge of such sheep that he is subject to penalty, not exceeding the sum of one hundred dollars ($100.00) which shall be a lien on such sheep, and shall immediately report the facts of the case fully to the board, and the board shall instruct the inspector as to the amount of penalty to demand and collect from such owner, or person, or sheep, and if the same be not paid within ten days after demand is made therefor, the inspector in the name of the board, or the board, may enforce the payment thereof by appropriate proceedings in any court of competent jurisdiction, which shall include the district court of the county where • the office of the board may be, and the court may give judgment for any amount not exceeding the amount fixed by the board as aforesaid, and the amount so recovered shall be paid into the sheep sanitary fund; but the imposition and collection of the penalty herein provided for shall not be any bar to any criminal prosecution for violation of any other provision of law, nor shall these provisions be held to interfere with or repeal any other statutory remedies or proceedings looking to the suppression of contagious diseases among sheep. The court before which any such case is tried shall, as necessary to a judgment against defendant, require evidence of the existence of scab or other contagious disease among the sheep, of notice by the inspector to the owner or person in charge of the sheep, and of the action of the board in fixing the penalty, but the certificate of the secretary of the board shall be sufficient and conclusive evidence of the action of the board, and a certificate from the inspector, stating the fact, shall be prima facie evidence of the existence of scab or other contagious disease among the sheep.

Sec. 9. The sheep sanitary board shall, in each year, order the levy of a tax upon the assessed value of all sheep in the territory. Such order shall be made by the board on or before the first day of July in any year, and shall be certified to the territorial auditor by the secretary of the board, and the amount of such levy shall by said auditor be certified to the board of county commissioners of each county, and such commissioners shall include said levy in their annual levies of taxes. 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 of other territorial taxes. Such fund shal l be kept separately by such treasurer and shall be used exclusively for the payment of any expenses properly incurred by the sheep sanitary board, and such fund shall be paid out by the territorial treasurer on the order of said board only. Such special tax shall be assessed, levied and collected at the expense of the several counties; and in case the county commissioners of any county shall fail or neglect to make the levy provided herein, they shall, each, become personally responsible to said fund in an amount equal to twenty-five per cent. of said levy, to be collected from them and their bondsmen for the exclusive benefit of said fund.

Sec. 10. Section 168 of the Compiled Laws of 1897, and the amendment thereto contained in section 21 of the act of the legislative assembly of New Mexico, referred to in the second section of this act, are hereby repealed.

Sec. 11. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force from and after its passage.

CHAPTER 56.

An Act To Authorize And Require The Use Of PenitenTiary LABOR TO CONSTRUCT A PUBLIC ROAD PROM SANTA PE TO LAS VEGAS. S. for H. B. No. 121; Approved March U, 1903.

CONTENTS.

Sec. 1. Public wagon road established between City of Santa Fe and City of Las

Vegas. Sec. 2. Use of penitentiary labor authorized. Appropriation for construction. Sec. 3. Engineer to be employed to survey route. Superintendentof penitentiary to

have charge of work. Proviso.

Whereas, Numerous petitions have been presented to this body signed by a large number of representative citizens and taxpayers, residents of San Miguel and Santa Fe counties, suggesting the wisdom of utilizing convict labor in the building of a public highway between the cities of Santa Fe and Las Vegas, and,

Whereas, In the opinion of said large number of citizens and taxpayers such employment of the unfortunate inmates of the penitentiary would not only serve to provide said inmates with much needed healthful occupation that could in nowise conflict with the just rights of free labor, but would identify New Mexico with the "Good Roads" movement now so popular throughout neighboring states of the west, initiate a settled policy for dealing with the prison labor problem, so long a mooted question in this territory, and stand as an example which may in time be extended to other parts of the territory, and,

Whereas, Such public road or highway would pass through the United States Pecos river reservation, one of the most beautiful mountain park regions in the world, and render accessible to the people of Santa Fe, San Miguel and Mora counties for the purposes of trade and healthful recreation a section of country now isolated and but little known yet rich hi historic associations and resourceful in deposits of gold and copper ores, recently proved veins of merchantable coal, and attractive in its picturesque ranch homes, therefore,

Be it enacted by the Legislative Assembly of the Territory of Neiv Mexico:

Section 1. There is hereby established a public wagon road from the city limits of Santa Fe, in the County of Santa Fe, to the city limits of Las Vegas, County of San Miguel, which said road shall be constructed over the most feasible route through or near the canon of the Santa Fe river from the court house in the City of Santa Fe, County of Santa Fe, Territory of New Mexico, over the mountain range at the most practicable place to the east of said city and from thence on the route which may be most practicable, as well as most direct, to the court house in Las Vegas, in the County of San Miguel in the Territory of New Mexico.

Sec. 2. The board of penitentiary commissioners and the superintendent of said penitentiary are hereby authorized and required to construct said road by the use of the labor of the penitentiary convicts and the sum of five thousand dollars ($5,000.00) is hereby appropriated out of any funds in the territorial treasury not otherwise appropriated, payable on the order of the superintendent of the penitentiary from time to time as necessity requires upon warrants drawn through the office of the auditor, for the purpose of employing the necessary extra guards, and the purchase of tools, implements, blasting material, etc., necessary in the prosecution of such work. The said penitentiary commissioners are hereby empowered to adopt a special rule, applicable solely to the convicts employed on the work herein authorized and required, whereby such convicts so employed may be granted an additional "good time" allowance conditioned upon their good behavior and cheerful compliance with any and all rules that may be promulgated for the management and control of the convicts so employed.

Said work shall commence within sixty days from the approval of this law and prosecuted as speedily as possible consistent with the due and proper management of said penitentiary and other labor required to be done by the convicts therein.

Sec. 3. The Counties of Santa Fe and San Miguel shall employ and pay a competent civil engineer to survey said route, and he shall act under the direction of the superintendent of the penitentiary, select and locate the same, and the superintendent of the penitentiary, shall in person or through his authorized agent, direct the manner and method of carrying on and prosecution of the construction of said public highway:

Provided, that until the time said road shall be duly surveyed and located it shall not be required that the said penitentiary authorities shall do anything towards the construction of such road.

Sec. 5. This act shall be in full force and effect from and after its passage.

CHAPTER 57.

An Act Prohibiting Territorial Or County Officers From Becoming Sureties For Others. H. B. No. 124; Approved March 14, 1903.

CONTENTS.

Sec. 1. Unlawful for territorial or county officers to become surety.
Sec. 2. Violation. Penalty.

Be it enacted by the Legislative Assembly of the Territory of New
Mexico:

Section 1. That hereafter it shall be unlawful for any territorial or county officer who is required by law to give official bonds to sign any bond or become surety for any other person or persons during the term for which he is required to give official bonds for himself.

Sec. 2. Any violation of the provisions of this act shall constitute a misdemeanor in office, and shall subject the offender to summary removal therefrom.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force thirty days after its passage.

CHAPTER 58.

An Act With Reference To Public Highways In The TerRitory Of New Mexico. //. B. No. H7; Approved March H, 190-3.

CONTENTS.

Sec. 1. All post roads declared to be public roads

Sec. 2. Obstructing public roads. Penalty.

Sec. 3. Sides of public roads may be fenced. Proviso.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:.

Section 1. Whereas the Congress of the United Sates has declared all post roads and roads over which mails of the United States are carried to be public roads, it is therefore likewise declared by this act that all such roads as above described are and shall continue to be public roads and open to the people of this territory.

Sec. 2. It shall hereafter be unlawful for any person or persons to in any manner obstruct any public road in this territory, by putting therein or thereon any obstruction whatsoever, and all persons convicted of a violation of this act shall upon conviction before any court of competent jurisdiction be fined in any sum not to exceed fifty dollars ($50.00) or be imprisoned in the county jail for a period not to exceed thirty days, and pay all the costs of prosecution, or both such fine and imprisonment at the discretion of the court trying the cause.

Sec. 3. Where any public road in this territory passes over the public lands it shall be lawful for the board of county commissioners to permit the sides of such road to be fenced whenever a majority of the legal voters of the precinct through which said public road passes so desire: Provided, however, that said fencing shall not be at the expense of the county in which the road is located.

All acts and parts of acts in conflict with this act are hereby repealed and this act shall be in force and take effect from and after its passage.

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