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An Act entitled an act relative to volunteer firemen.

Railroad company liable for damages for killing stock.

Owner of animal

shall make affidavit of ownership.

CHAPTER II.

ANIMALS.

AN ACT for the protection of live stock against railroads in the territory of New Mexico, and for other purposes.

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

SECTION 1. That every railroad or railway corporation or company operating any line of railroad or railway, or any branch thereof within the limits of this territory, which shall damage or kill any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any other domestic animal, by running any engine or engines, car or cars, over or against any such animal, shall be liable to the owner of such animal for the damages sustained by such owner by reason thereof.

SEC. 2. If the owner of the animal or animals so killed. or his or her authorized agent shall make affidavit before some officer authorized to administer oaths, that he or she was the owner, or authorized agent of the owner, of the recorded brand found upon the animal or animals so damaged or killed, at the time of such killing or damaging, and such persons shall, within six months after such killing or damaging, deliver such affidavit to the agent or an officer of such company or corporation, together with a certificate of his or her mark or brand, under official seal of the county clerk of the county in which such person resides, or shall make affidavit that the animal damaged or killed as aforesaid had no recorded mark or brand, and that he or she is the owner of such animal, describing it; and the corporation or company shall pay such person delivering such affidavit and certificate, and such affidavit last aforesaid, as follows:

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