All half-blood Texan, Mexican and American cattle shall be counted as Texas cattle, and all (4) three-quarter blood American cattle shall be considered American cattle.

Shall not pay to Owner more than market value.

Appointment of appraisers.

Thoroughbred cattle, sheep and goats shall be paid for at their cash value. Horses, mules, jacks, jennies and hogs shall be paid for at their cash value: Provided, That no railroad company shall at any time be required to pay more than the market value of any animal killed or damaged. In all cases where such railroad company or corporation shall kill any of the stock mentioned in this act, and for which no price or sum is fixed, the owner or agent of such stock shall, after the filing of such affidavit and certificate of brand or affidavit of ownership as aforesaid, select some disinterested freeholder of the county where such killing took place, and shall notify such company or corporation of such selection; and such company or corporation shall within three days thereafter select some suitable person to act with the person so selected, and the two so selected shall select third, and the three so selected shall, without delay, proceed to appraise the value of the stock so killed, a majority of which three appraisers shall be sufficient to determine the same, and shall certify under oath such appraisement to an agent or superintendent of such company or corporation. In case such railroad or corporation shall refuse or neglect to appoint such appraiser, it shall be the duty of the justice of the peace nearest the place where such stock is so killed, to select three disinterested persons as appraisers, and administer to them an oath to honestly appraise the value of such stock, which appraisers shall without delay appraise and forward to such justice the result of such appraisement; which justice shall within ten (10) days thereafter forward to an agent or superintendent of such railroad or corporation, which railroad or corporation shall, within thirty (30) days after the receipt of Shall pay dama such certificate, pay to the owner of the stock so killed, or his or her agent, the amount of such appraisment, together with all the costs as aforesaid; and in all cases where the value of such stock is established by this act, such company or corporation shall pay for such stock within thirty (30) days after the delivery of the affidavit and certificate of ownership of brand or affidavit of ownership of stock, as hereinbefore provided.

ges within thir ty days.

Shall keep rec book of an imals killed.

SEC. 3. Every railroad company shall keep a book at door some station in each county through which their road runs, to be designated by the company, and a notice of the station so designated shall be filed with the county clerk of the counties in which the stations are located, and it is hereby

Penalty for driving stock on

made the duty of the said company to cause to be entered in said book, within fifteen days after the killing of any animal, a description as nearly as may be of said animal, its color, age, marks and brands, and shall keep said book subject to the inspection of persons claiming to have had animals killed. Should any company fail to keep said book or to file such notice in the manner herein provided; or to enter therein such description of any animal killed, for a period of fifteen days thereafter, such company shall be liable to the owner of such animal to an amount twice the full value thereof.

SEC. 4. If the owner of any stock shall drive any stock railroad track. on the line of the track of any such company or corporation, with intent to injure such company or corporation, and such stock shall be killed or injured, said owner shall not receive any damage from said railroad or corporation therefor, and shall be liable to such company or corporation for all damages such company or corporation may suffer in consequence of such act, and shall also be criminally guilty of a felony and liable to indictment therefor, and, on conviction, shall be imprisoned in the penitentiary not less than one or more than five years; but nothing herein shall be construed to prevent any person from allowing his or her stock to pasture on lands adjacent to the line of such railroads, or to drive his stock over or across any such track at suitable times and places.

Animal killed

shall belong to company.

Failure to keep hide, penalty for.

SEC. 5. In every case of the wounding or killing of any such cattle, sheep or hogs, the price of the damages for which is fixed by this act, the body of such animal shall belong to such company unless the owner thereof shall elect to take the same in lieu of said damages or part thereof within twenty-four hours after said wounding or killing; but in every other case the company or corporation may proceed to take care of and preserve the body of said animal, and it shall be the duty of such company or corporation to preserve the hide of such animal for at least thirty (30) days after such killing, such hide or hides to be kept for thirty (30) days for inspection by said company or corporation at the station house nearest the place where such killing occurred. If any agent or employé of such company or corporation shall bury any animal killed or wounded by such company or corporation without skinning the same, or shall neglect to keep for thirty (30) days for inspection any hide so taken off as herein provided, such agent or employé or such company or corporation shall be fined in any sum not less than one hundred nor more than three hundred dollars for each and every animal, to be collected in the name of the people of the territory of New Mexico before any court

of competent jurisdiction.

One-half of the amount so received to go to the county treasury for the public school fund of said county, the other half to go to the person at whose instance the suit was brought.

SEC. 6. Any person falsely making an affidavit of own- False Affidavit. ership of any animal killed or damaged shall, upon conviction thereof be punished by a fine of not less than three hundred dollars or by imprisonment in the penitentiary not more than two years.

SEC. 7. Sections 2315 and 2316 of the Compiled Laws of New Mexico, 1884, are hereby repealed. This act shall take effect and be in full force from and after its passage. Approved February 24, 1887.

CHAPTER III.

ANIMALS-QUARANTINE.

AN ACT to prevent the introduction of diseased cattle into the territory of New Mexico and to prevent the dissemination of disease therein, and to repeal an act entitled, "An Act to prevent the introduction of diseased cattle into the territory of New Mexico," approved March 19, 1884.

Whereas, The fact has become well established that Preamble. cattle, imported into the territory of New Mexico, from ranges in any part of the state of Texas, south and east of a line commencing at the northwest corner of the county of Wichita, thence running due south along the western line of Wichita and Archer counties to the northeast corner of Throckmorton county, thence due west to the northwest corner of said county; thence due south to the southwest corner of Throckmorton county; thence due west to the northwest corner of Shackelford county; thence due south to the southwest corner of said county; thence due west to the northwest corner of Taylor county; thence along the north line of Nolan and Mitchell counties to the northwest

Cattle, definition of.

Sanitary board.

corner of said Mitchell county; thence due south to the southwest corner of said Mitchell county; thence due west along the south lines of the counties of Howard, Martin and Andrews, to a point where the southeast corner of the territory of New Mexico, and the southwest corner of the county of Andrews, in the state of Texas, meet; thence due west along the south boundary line of the territory of New Mexico, to a point where the monuments marking the boundaries between the state of Texas, the territory of New Mexico, and the state of Chihuahua, in the republic of Mexico, and erected by the United States boundary commission, stand, and are in place, at the date of the enactment of this law; and more particularly the counties of El Paso, Presidio, Pecos, Tom Green, Crockett, Mitchell, Shackelford, Throckmorton, Archer and Wichita, in the state of Texas, and all the counties east and south of the counties hereinbefore mentioned, and situated in the aforesaid state of Texas, at any time from the first day of March to the first day of November of each year, will communicate to and infect cattle, then grazing or living on ranges in said territory upon or through which such imported cattle shall then stray or be driven, with a certain fatal disease, commonly called and known as Texas fever;

And Whereas, The fact has also become well established that such imported cattle, so as aforesaid communicating such Texas fever, never show any symptoms of the disease from which the same may be determined by an inspection thereof;

And Whereas, Certain other contagious and infectious diseases, and particularly contagious pleuro-pneumonia, have been and are existing and epidemic among cattle in certain localities within the United States and beyond the limits of said territory;

Therefore, For sanitary purposes only;

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

SECTION 1. The word "cattle" used in the preamble of this act, and wherever used in any of the sections or provisions of such act, shall be understood and construed, as bovine cattleonly, and shall not relate to nor include any other kind of domestic animals.

SEC. 2. A sanitary board, consisting of three practical cattle raisers and owners, one to be appointed in and for each judicial district of the territory of New Mexico, according to the territorial limits of each as now constituted, hereby is created, to be known as the cattle sanitary board of New Mexico

The term of office of each member of said board shall be two years from and after his appointment, and uutil his successor shall have been appointed and qualified.

Each member of said board shall be nominated by the governor of the territory and appointed by and with the advice and consent of the legislative council.

In case of any vacancy in the membership of said board, from death, resignation or otherwise, the governor shall fill such vacancy by appointment and the appointee shall hold such office only during the unexpired term of the office so becoming vacant.

SEC. 3. A majority of the members of said sanitary board shall constitute a quorum, authorized to transact all business properly coming before them under the provisions of this act.

Quorum.

antine rules andregulations

SEC. 4. Said sanitary board is hereby authorized and Shall make quarrequired to adopt and publish such quarantine rules and regulations as may be necessary to carry into effect the provisions of this act relating thereto and not inconsistent therewith, for the purpose of preventing the introduction into said territory or the spreading therein of Texas fever, contagious pleuro-pneumonia or any other contagious or infectious disease affecting cattle.

SEC. 5. It shall be the duty of said board, and they are hereby authorized, to employ some competent veterinary surgeon, who shall be a graduate, in good standing, in some recognized college of veterinary surgery and science, and when necessary, to bring him to their aid for the inspection of live cattle having, or suspected of having some infectious or contagious disease, or for the examination of any cattle that shall have died, or shall be suspected of having died of some such disease, as well as for consultation as to the most practical and effective method of stamping out or preventing the spread of any such disease among cattle within said territory, and for the performance of any other service within the line of their duties or of his profession, as said board shall determine and when and where they shall direct.

Employ veterinary surgeon.

Salary of Vete

The said board shall fix the compensation to be paid rinary Surgeon. to said veterinary surgeon at a salary not to exceed the rate of two thousand five hundred dollars per annum and his actual and necessary traveling expenses in the performance of his duties.

Such compensation shall be paid by said board out of the fund hereinafter provided for and at such time as shall be specified in their contract therefor with said veterinary surgeon.