affected with any cattle disease covered by this act; and they shall be held in quarantine for such length of time as such veterinarian shall in his opinion deem necessary for the sanitary protection of cattle in this territory. And if such cattle shall not have been so inspected and an investigation had, then the same shall take place wherever the cattle may be found and they may be seized and held for that purpose and a certificate of health or permit granted or refused as the case may require, and if refused, the cattle may, in like manner, be held in quarantine. All necessary expenses of quarantine and inspection under the provisions of this section shall be paid by the owner or owners of such cattle.

of

lfen on cattle.

SEC. 15. All expenses incurred in and by the inspection Expection to be and quarantine of cattle under the next preceding section (section 14) of this act shall be a lien on such cattle to secure the payment thereof in favor of said board as an indemnity for expenses so incurred; and all loss and damages incurred and suffered by any person, company or corporation, by reason of any cattle disease covered by this act, disseminated among or communicated to cattle in this territory by cattle driven or transported into such territory, in violation of any of the provisions of this act, shall be a lien on the cattle so unlawfully imported, in favor of the person, company or corporation so incurring or suffering such loss or damages thereby. All liens covered by this section shall take precedence and priority over any other lien or incumbrance on any such cattle existing at the time of their unlawful importation as aforesaid, or at any time subsequent thereto. All such liens shall subsist and become effective as security for ultimate payment without any other act or proceeding whatever, and after judgment any such lien may be foreclosed by sale of the cattle on execution.

authority over infected prem

ises.

SEC. 16. In all cases of infectious or contagious disease Board shall have among cattle in this territory said board shall have authority to quarantine the infected premises if such disease shall become epidemic on such premises or is of such a nature as to be disseminated among cattle or become epidemic: Provided, said veterinarian shall be of the opinion that such quarantine is necessary for the sanitary protection of other cattle liable to be exposed. Such quarantine shall be conducted in such manner as said veterinarian shall advise and may include the preventing of any cattle among which such epidemic exists or from which such disease may be disseminated, from being transferred from such premises without a certificate of health from such veterinarian to the

Cattle may be slaughtered when

Indemnity. ciaims for.

effect that such cattle are healthy and will not disseminate such disease.

SEC. 17. In all cases of contagious or infectious disease covered by this act other than Texas fever, existing or becoming epidemic on premises previously quarantined as provided by this act, said board is authorized and empowered to cause the slaughter of cattle upon such premises which are known to be so diseased or have been exposed to such disease, when said veterinarian shall decide that the same is necessary for the sanitary protection of other cattle and shall so advise such board and said board shall be of the same opinion and shall order such slaughter to be done: Provided, However, that no such cattle shall be slaughtered that have no disease nor have been exposed to any disease, except Texas fever. Such slaughter of cattle shall be done under the superintendence of said veterinarian, who, prior thereto, shall notify the nearest justice of the peace and deliver to him the order therefor; such justice shall thereupon select and summon before him three cattle men of the neighborhood, who shall have no interest in the cattle to be slaughtered, to act as appraisers of the value of such cattle and administer to each of them an oath to make a true, faithful and impartial appraisement of the value of the cattle to be slaughtered, without prejudice against, or favor to any one. Thereupon said appraisers shall inspect such cattle and make such appraisement thereof. They shall also return to such justice certificates of their valuation of each animal so appraised containing an accurate description thereof, with brands, ear marks, wattles, age, sex, color and class, as near as may be. One of such certificates to be filed with the justice, one to be delivered to the owner of the cattle to be slaughtered and one to be transmitted to said board by said justice. The fees of the justices of the peace for services as herein provided, shall be the same as for similar services as fixed by law, and said appraisers and all necessary employés for the slaughter of animals and destruction of their carcasses, as provided by this act, shall receive three dollars per day and their necessary expenses while engaged therein, all of which shall be paid by said board or upon their order. Such veterinary surgeon shall also superintend the destruction of the carcasses of each animal and every part thereof, which shall be by burning the same to ashes.

SEC. 18. In making such appraisement said appraisers shall consider the effect of the disease on the value of each animal and the certificate of such veterinarian as to the

probable fatality of the same. All claims for indemnity

to owners of cattle slaughtered as provided by this act shall be presented to said board and passed upon by said board and allowed and paid upon its order to the extent of the appraised value of the animals slaughtered as herein provided and owned by such claimant: Provided, such animals are such as the slaughtering of which an indemnity is allowed under this act and the proceedings in regard to such slaughter and appraisement have been regular. Such application shall be accompanied with the certificate of appraisement delivered to such owner.

SEC. 19. Owners of cattle appraised and slaughtered as herein provided shall be entitled to indemnity therefor to the extent of such appraised value, except in the following

cases:

First, For animals belonging to the United States. Second, For cattle brought into the territory in violation of any of the provisions of this act.

Third, For cattle that had the disease for which they were slaughtered or had been destroyed by reason of exposure to disease at the time of their arrival in the territory.

Fourth, For cattle which the owner or claimant knew to be diseased or had notice thereof at the time they came into his possession.

SEC. 20. The compensation of said veterinary surgeon and of all other employés by or under said board, and in the first instance, all other expenses incurred by or under said board, as provided by this act, shall be paid by said board or upon its order out of the funds hereinafter provided for: such board taking or causing to be taken proper vouchers for all moneys so expended by them.

SEC. 21. In the aggregate amount of money to be ex- Expenses, limit. pended by said board in any one year they are hereby limited to the amount actually provided for that year under this act, and at no time shall they incur expenses of any kind, except upon their own responsibility unless they have sufficient funds on hand to fully pay the same and provided for the purpose under this act.

sioners shall levy special tax.

SEC. 22. Hereafter each year it shall be the duty of County commisthe county commissioners of each county in the territory, at their first meeting after the return of the assessment of property for taxation by the county assessors respectively, to levy a special tax of one-half (1) of one (1) mill on each dollar of the appraised value of all cattle in their county, to be known as the cattle indemnity fund. Such special tax shall be collected in the several counties and paid to the territorial treasurer in the manner provided by law for the

Veterinary surgeon shall give bond.

Compensation of board.

Shall

port.

Repeal.

collection and payment to such treasurer of other territorial taxes. Such fund shall be kept separate by such treasurer, and shall be used exclusively for the payment of indemnity claims for cattle that shall be slaughtered, and of fees, salaries, wages, costs and expenses, provided under the provisions of this act, and shall be paid out by such treasurer on the order of said board. In levying such special tax, however, all cattle of any owner, the appraised value of which does not exceed three hundred dollars shall be exempt from such special tax.

SEC. 23. Said veterinary Said veterinary surgeon before entering upon the discharge of his duties shall take and subscribe an oath, before some officer authorized to administer oaths, to well and impartially perform all professional duties assigned him; and each member of said board before entering upon the discharge of his duties shall take and subscribe an oath to faithfully and impartially discharge his duties to the best of his ability, and execute a bond in the penal sum of five thousand dollars to the territory of New Mexico, with two or more sufficient sureties, conditioned for the faithful and impartial performance of his duties as a member of said board. Such bond shall be approved by the governor and each of said oaths and bonds shall be filed with the territorial auditor.

SEC. 24. The members of said board shall receive no compensation, except for their actual and necessary expenses, while in the performance of their duties, and for such expenses they may be reimbursed out of said indemnity fund.

make re- SEC. 25. It shall be the duty of such board and they are hereby required during the first week in December of each year, to transmit to the governor a report of their doings under this act, containing a detailed account of all receipts and expenditures of money by them, together with such other facts within the line of their duties as may be of public interest. Any such report shall be transmitted by governor to the next succeeding legislative assembly. SEC. 26. The act of the legislative assembly of the territory of New Mexico, entitled "An act to prevent the introduction of diseased cattle into the Territory of New Mexico," approved March 19th, 1884, and all other laws and parts of laws in conflict with this act are hereby repealed.

the

SEC. 27. This act shall be in force and take effect from and after its passage.

Approved February 10, 1887.

CHAPTER IV.

APPROPRIATIONS.

AN ACT to provide for certain contingent expenses.

Whereas, Col. R. M. Johnson, clerk of the supreme court
of the territory of New Mexico, has tendered to the
legislature, free of charge, for the use of the supreme
and district courts, his law library, consisting of nearly
five thousand volumes of valuable reports and text
books, upon certain terms and conditions, proposed by
him in writing, January 17, 1887, and,

Whereas, said proposition was duly accepted, therefore,
Be it enacted by the Legislative Assembly of the Territory
of New Mexico:

moval, etc.

SECTION 1. That a sum not exceeding one hundred dol- Expense of relars, be and the same is hereby appropriated to meet the expenses necessary to remove said library, shelving, office furniture &c., from the supreme court clerk's office to the supreme court judges' rooms, adjoining the room wherein the supreme court is held, in the capitol building, and to place the same, in proper order and condition, in the said rooms of the capitol building.

The clerk of the supreme court aforesaid to have the management and supervision of the removal and placing of the property aforesaid; and when the same is completed, he shall file his affidavit to that effect with the territorial auditor, and also a certified copy of this act. Said affidavit shall contain a statement of the necessary expenses incurred: thereupon it shall be the duty of the territorial auditor to issue a warrant upon the territorial treasurer for the expenses incurred, as aforesaid, not to exceed one hundred dollars.

SEC. 2. This act shall be in full force and effect from and after its passage.

Approved February 2, 1887.