conflict are hereby repealed. This act shall not be construed however as re-enacting the laws specifically repealed by said chapter 17 of the Acts of 1901. This act shall be in force and effect from and after the date of its passage. CHAPTER 104. AN ACT TO AMEND AN ACT OF THE 35TH LEGISLATURE ENTITLED "AN ACT GROUPING THE SEVERAL COUNTIES OF THE TERRITORY INTO DISTRICTS FOR DISTRICT ATTORNEY PURPOSES AND PROVIDING FOR THE APPOINTMENT OF DISTRICT ATTORNEYS THEREFOR," APPROVED MARCH 12, 1903. H. B. No. 219; Approved March 19, 1903. CONTENTS. Sec. 1. Section 1, chapter 46, Laws of 1903, regarding residence of district attorneys. Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That an act of the 35th Legislative Assembly entitled "An Act grouping the several counties of the territory into districts for district attorney purposes and providing for the appointment of district attorneys therefor," approved March 12, 1903, be and the same is hereby amended by striking out the words "each of whom shall be a resident in some one of the counties of the district for which he is so appointed," in section 1 of said act. Sec. 2. This act shall be in full force and effect from and after its passage. CHAPTER 105. C. B. No. AN ACT PROVIDING FOR THE ANNEXATION OF CONTIGUOUS TERRITORY TO CITIES, TOWNS AND VILLAGES. 54; Approved March 19, 1903. CONTENTS. Sec. 1. Petition for annexation of contiguous territory. City councils or boards of trustees to act upon petition. Sec. 2. Adoption of resolution favoring annexation. Sec. 3. Petition. Survey and plat to be filed. Question of annexation to be submitted to voters. Notice of annexation. Proclamation by mayor. Sec. 4. Election not to be held within sixty days of city, or town election. Sec. 5. Contiguous territory annexed. Division into wards. Rights of voters. Be it enacted by the Legislative Assembly of the Territory of New Section 1. Whenever a petition asking for the annexation of contiguous territory to any city, town or village shall be presented to the city council of any city, or the board of trustees of any town or village or by petition signed by a majority of the tax payers, resident in any contiguous territory sought to be annexed to such city, town or village, accompanied by a survey and a plat of the contiguous territory sought to be annexed, it shall be the duty of the city council or board of trustees of any such city, town or village, to whom said petition is presented to express by resolution or ordinance their consent or rejection, to the annexation of such contiguous territory. Sec. 2. If the city council or board of trustees of any city, town or village, shall adopt a resolution or ordinance favoring the annexation of such contiguous territory, the petition, survey and plat, together with the resolution or ordinance adopted by such city, town or village, shall be filed in the office of the probate clerk and ex-officio recorder of the county in which such city, town or village is situated and thereupon the mayor of such city, town or village, shall within sixty days after the lodging of such petition, survey, plat and resolution or ordinance in the probate clerk's as aforesaid, publish a proclamation in some newspaper published in the city, town or village to which said contiguous territory is sought to be annexed, for a period of thirty days before the date fixed for election, fixing the date when the question as to whether said contiguous territory shall be annexed, shall be submitted to the determination of the legal voters, residents and tax payers of the contiguous territory sought to be annexed. The vote cast shall be returned and canvassed in the same manner and by the same officers as returns of city, town or village elections are now canvassed, and in compliance with the statutes regulating the returns and canvass of the vote cast at such elections. The ballots to be used at such elections shall be provided by the city council or board of trustees of such city, town or village, and shall have written or printed on them the words "for annexation," and "against annexation." Ballots shall be provided separately containing such words. If a majority of the ballots cast, as determined from the returns and canvass of the votes cast, shall be in favor of annexation, the said territory sought to be annexed shall at once become a part of said city, town or village, to all intents and purposes as if originally a part of said city, town or village; otherwise such territory shall not become annexed. Sec. 3. Thereupon the mayors of such city, town or village, shall cause to be published, in the same manner as the ordinances of such city, town or village are published, a proclamation giving notice that such contiguous territory has been annexed. Sec. 4. The election hereinbefore provided for shall be a special election, and no such election shall be held within sixty days of the time for holding the regular city, town or village election for electing the officers of such city, town or village. Sec. 5. The voters in such contiguous territory shall have the right to vote at the regular election next following such annexation, and it shall be the duty of the city council or board of trustees to provide by ordinance for the division of such territory into wards or for attaching the same to wards already existing in such city, town or village, to enable the voters in such annexed territory to take part in such regular election. Sec. 6. The mayor shall give notice by proclamation of the time of holding said special election, and of the polling places selected therefor and of the judges and clerks appointed for holding the same in the same manner as in the case of the regular elections held for officers of such city, town or village. Sec. 7. This act shall be in full force and effect from and after the date of its passage; and all laws and parts of laws in conflict herewith, are hereby repealed. CHAPTER 106. AN ACT TO AMEND SECTION 1 OF CHAPTER 108 OF THE SESSION LAWS OF 1901, APPROVED MARCH 21, 1901. C. S. for H. B. No. 126; Approved March 19, 1903. CONTENTS. Sec. 1. Section 1, chapter 108, Laws of 1901, regarding licenses by dealers in merchandise. Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That section 1 of chapter 108 of the Session Laws of 1901, approved March 21, 1901, which section amends subdivision second of section 4141 of the Compiled Laws of New Mexico of 1897, be and the same is hereby amended so that the said second subdivision of said section 4141 of said Compiled Laws shall read as follows: "Second. Dealers in merchandise other than liquors, whose annual sales do not exceed three thousand dollars ($3,000.00) shall pay a license tax of five dollars ($5.00) per annum. Dealers in merchandise other than liquors, whose annual sales exceed three thousand dollars ($3,000.00) and do not exceed ten thousand dollars ($10,000.00) shall pay a license tax of ten dollars ($10.00) per Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage. CHAPTER 107. AN ACT TO CREATE COUNTY BOARDS OF HORTICULTURAL COMMISSIONS IN THE TERRITORY OF NEW MEXICO, AND TO PROMOTE THE HORTICULTURAL INTERESTS IN SAID TERRI TORY. C. B. No. 21; Approved March 19, 1903. CONTENTS. Sec. 1. County board of horticultural commissioners. Appointment. Vacancies. Term of office. Sec. 2. Sec. 3. Sec. 6. Powers and duties of board. Proviso. Board. To district county. Appoint local inspector. Powers of inspection. Removal of inspectors. Members of board failing to perform duties. Pen- Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Within twenty days after the passage of this act it shall be incumbent upon the county commissioners of each county of New Mexico, on petition of ten tax-paying citizens of said county, to select three competent persons, fruit growers, or owners of orchards, residents of such county, who shall be known as the County Board of Horticultural Commissioners. The board of county commissioners shall fill any vacancy that may occur in said board by death, resignation, or otherwise, and appoint one horticultural commissioner each year, or thereabouts, one month, or thereabouts, previous to the expiration of the term of office of any member of the said county board of horticultural com missioners. Said county board of horticultural commissioners shall serve for a term of three years from date of appointment, except the commissioners first appointed, one of whom shall serve for one year, one of whom for two years, and one of whom for three years from date of appointment. The commissioners first appointed shall themselves decide by lot or otherwise, who shall serve for one year, who shall serve for two years and who shall serve for three years, and shall notify the board of county commissioners of the result of their choice. Sec. 2. It shall be the duty of the county board of horticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any orchard, or nursery, or trees, or any fruit packing house, store-room, sales-room, or any other place in their jurisdiction, and if found infested with scale bug, codlin moth or other insect pest injurious to fruit, trees, and vines, they shall notify the owner or owners, or person or persons in charge or possession of said trees or place, aforesaid, that the same are infested with said insects, or any of them, or their eggs or larvae, and they shall require such person or persons to disinfect or destroy the same within a certain time, to be specified: Provided, that no spraying of trees while in bloom shall be required to be done. If within such time such disinfection or destruction has not been accomplished, the said person or persons shall be required to make application of such treatment for the purpose of destroying them as said commissioners may prescribe. Said notices may be served upon the person or persons owning or having charge or possession of such infested trees, or places, or articles as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. If the owner or owners, or persons in charge or possession of any orchard, or nursery, or trees or places, or articles, infested with said insects, or any of them, or their larvae or eggs, after having been notified as above to destroy the same, or make application of treatment as directed, shall fail, neglect, or refuse to do so, he or they shall be deemed guilty of maintaining a public nuisance, and any such orchards, nurseries, trees, or places, or articles thus infected shall be adjudged and the same is hereby declared a public nuisance, and may be proceeded against as such. If found guilty, the court shall direct the aforesaid county board of horticultural commissioners to abate the nuisance. The expenses thus incurred shall be a lien upon the real property of the defendant. Sec. 3. The said county board of horticultural commis |