more than sixty days, or by both such fine and imprisonment in the discretion of the court.

Sec. 6. It shall be unlawful for any person or persons, agent or employe, or any association or corporation, to buy or sell, or to expose or offer for sale, any species of trout or game food fish taken from the public streams or waters of this territory, or any game known as elk, deer, antelope, or mountain sheep, at any time during the year; and it shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employes, to receive or have in their possession for transportation for market, any species of trout or game food fish taken from the public streams or waters of this territory, or any game known as elk, deer, antelope, or mountain sheep, or to transport the same for market, after the passage of this act; and any person or persons, agent or employe of any such association or corporation violating any of the provisions of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).

Sec. 7. It shall be unlawful for the owner or owners of any saw mill, or any of the employes thereof, or any other person or persons whomsoever, to deposit, throw or in any way permit to pass into any natural stream, or any lake wherein are living fish, any sawdust, or any other substance that will or may tend to the destruction or driving away of any such fish from such water; and it shall be unlawful to use for the killing or catching of any fish, any poisonous, deleterious or stupefying drug, dynamite, giant powder or other explosive, at any time; and every person violating any of the provisions of this section, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than six months nor more than one year.

Sec. 8. It shall be the duty of the owner or owners of all canals or ditches in which any portion of the waters of any stream, in which are game food fish as defined by this act, are diverted for purposes of irrigation, or any other purpose which consumes such waters, to arrange and construct at the intake or head of such canals or ditches a wire screen or screens of sufficient fineness to prevent the passage therethrough of any such fish of a length of three inches. Any owner or owners of such canals or ditches failing to so arrange and construct such screen or screens, after thirty days' notice so to do, given in writing by the game and fish warden of this territory, or any deputy game and fish warden for the county in which the head of such ditch is located, shall be

guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment in the county jail for not less than thirty nor more than sixty days, or by both such fine and imprisonment, in the discretion of the court trying the case.

Sec. 9. Within thirty days after the passage of this act, the secretary of the Territory of New Mexico shall cause copies hereof in Spanish and English to be sent by mail to each postmaster in the Territory of New Mexico, with an appropriate request accompanying the same that such copy hereof in Spanish and English be posted conspicuously in view of the public at the office of such postmaster.

Sec. 10. It shall be unlawful at any time of the year for any fisherman or person whomsoever, to catch or kill or have in his possession, in any one day, more than fifteen pounds of speckled trout or, more than twenty-five pounds of bass taken from any of the public waters or streams of this territory, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twentyfive dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment for not less than thirty nor more than sixty days, or by both such fine and imprisonment in the discretion of the court.

Sec. 11. No game fish shall be held in possession of, or placed upon the table of any hotel, restaurant, cafe or boarding house, or named on its menu or bill of fare as food for its patrons, either under the name used in this act or in the laws of New Mexico, or under any other name or guise whatever, when the same shall have come from any of the public streams or waters within the Territory of New Mexico; or game known as elk, deer, antelope or mountain sheep, killed within the Territory of New Mexico; and whenever any proprietor, manager, keeper or owner of any hotel, restaurant, cafe or boarding house shall import any game or game fish into this territory, it shall be the duty of such proprietor, manager, keeper or owner, immediately to report the fact to the game and fish warden of the Territory of New Mexico or to his deputy within the county, and to apply for a permit to sell and offer for sale the same, and upon satisfying the said warden or deputy by the production of invoices, bills of lading or other required proofs, that the game, or game fish come from without the Territory of New Mexico, then a permit shall be issued by such warden or deputy, for a period not greater than ten days, to such proprietor, manager, keeper or owner of such hotel, restaurant, cafe or boarding

house, allowing him to sell and offer for sale the same during the period stated in such permit: Provided, that the provisions of this section shall also apply to any business house or merchant within the Territory of New Mexico, importing, or offering for sale, or selling game or game fish brought from without said territory. Any person failing to comply with the provisions of this section or violating any of the provisions thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or by imprisonment for not less than thirty nor more than sixty days or by both such fine and imprisonment in the discretion of the court.

Sec. 12. Game fish as defined by this act, are small and large mouth bass, and speckled trout of whatsoever variety or species.

Sec. 13. The provisions of this act shall apply to all Indians off the reservations within this territory or coming into this territory from adjoining states or territories, and it is hereby made the duty of the secretary of the territory to make certified copies of this act within ten days after the passage thereof and send the same by registered mail to each and every Indian agent in the Territory of New Mexico.

Sec. 14. Whenever the owner or lessee of lands within any enclosure in this territory shall desire to protect or propagate any fish in any stream within said enclosure, he may publish notices of such act in both Engish and Spanish warning all persons not to fish within such enclosure or water described, which notice shall be by hand-bills posted in at least three conspicuous places on said premises, and by publication in some newspaper of general circulation in the county where such enclosure is situate, which publication shall be for the period of three weeks or three consecutive publications of such newspaper. After the publication and posting of such notice, it shall be unlawful for any person or persons to trespass on said premises for the purpose of fishing, and any person or persons so trespassing shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or by imprisonment for not less than thirty nor more than sixty days.

Sec. 15. After the passage of this act, and for a period of two years thereafter, it shall be unlawful to kill or in any wise destroy or injure any elk, antelope or mountain sheep in the Territory of New Mexico, and any person violating the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a

fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment for not less than sixty days, or by both such fine and imprisonment at the discretion of the court.

Sec. 16. After the passage of this act it shall be unlawful to kill, wound, or in any way destroy any deer within the Territory of New Mexico, except that such deer, the animal being with horns, may be killed with a gun during the months of November and December in each year: Provided, that no person shall kill or have in his possession more than one deer during said months of November and December in each year.

Sec. 17. The word "game" as used in this act, to be distinguished from the words "game fish" whenever used, is hereby defined to mean elk, deer, antelope and mountain sheep.

Sec. 18. Any person violating the provisions of section 16 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), or imprisonment for not less than thirty nor more than sixty days, or by both such fine and imprisonment at the discretion of the court: Provided, also, that one-half of all fines collected for violations of this act, shall be turned into the county treasurer of each county, to be distributed in the school fund of the county in which the offense was committed.

Sec. 19. Chapter 51 of the Session Laws of 1899 of the 33rd Legislative Assembly of the Territory of New Mexico, is hereby repealed; and all acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.

CHAPTER 49.

AN ACT TO AMEND SECTION 3 OF AN ACT ENTITLED "AN ACT TO CREATE THE COUNTY OF SANDOVAL,” APPROVED MARCH 10, 1903. C. B. No. 123; Approved March 12, 1903.

Sec. 1.

CONTENTS.

Section 3, chapter 27, Laws of 1903, regarding election of officers of Bernalillo county. Amended.

Sec. 2. Board of county commissioners to divide Bernalillo county into commissioner districts.

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

Section 1. That section 3 of the act to create the County

of Sandoval, approved on March 10, 1903, be and the same is hereby amended so as to read as follows:

"Sec. 3. That T. C. Gutierrez, to fill the unexpired term of the second district, and Severo Sanches, be and they hereby are appointed and constituted county commissioners for the County of Bernalillo as the same is constituted after the creation of Sandoval county, and the said T. C. Gutierrez and Severo Sanches shall qualify as said county commissioners on or before the fifth day of April, A. D. 1903, and shall together with the county commissioner now in office for the said County of Bernalillo, hold a meeting not later than the tenth day of April, 1903, and said three persons as a board of county commissioners for Bernalillo county shall appoint one assessor and one probate judge for the said County of Bernalillo to serve until their successors are elected and qualified at the next general election."

Sec. 2. On or before thirty days after said board of county commissioners of Bernalillo county has duly qualified as such commissioners, they shall assemble as a board of county commissioners and shall divide said County of Bernalillo into county commissioner districts.

Sec. 3. This act shall be in force and take effect from and after its passage.

CHAPTER 50.

AN ACT TO AMEND SECTION 2 OF AN ACT ENTITLED "AN ACT TO CREATE THE COUNTY OF SANDOVAL,” APPROVED MARCH 10, 1903. C. B. No. 128; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 2, chapter 27, Laws of 1903, regarding election of officers of Sandoval county. Amended.

Sec. 2. County commissioners to divide Sandoval county into commissioner districts. Sec. 3. County seat located at Sandoval.

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

Sec. 1. That section 2 of the act to create the County of Sandoval, approved March 10, 1903, be and the same is hereby amended so as to read as follows:

"Sec. 2. The county officers for the said County of Sandoval, and their duties, shall be the same as those prescribed by law for officers of other counties in the Territory of New Mexico; and E. A. Miera and Esquipula Baca and Ignacio Gutierrez are hereby appointed and constituted county commissioners for the said County of Sandoval, and they shall qual