fields sown with grain, corn, vineyards, orchards, alfalfa or other sown domestic grasses, and to all lands fenced and enclosed as now required by law in this territory, shall be paid for by the owner of animals committing said damage or injury after such damage shall have been appraised or valued by the parties interested or in case of dispute by two appraisers appointed for the purpose, one by each of said parties and in case of dispute between said appraisers they shall appoint a third appraiser who shall decide said matter. If the owner of the animals is not satisfied with the decision of said appraisers, he shall notify the justice of the Deace of his precinct if such justice of the peace is not an interested party or in any way biased or prejudiced, and if such justice of the peace is an interested party or is biased or prejudiced against the owner of said animals, or if there is no justice of the peace in said percinct, then he shall notify the justice of the peace of the nearest precinct. It shall be the duty of the justice of the peace so notified to immediately appoint three disinterested persons residents of the precinct where the damage is committed, as appraisers to appraise and value such damage. The said appraisers so appointed shall first be sworn by said justice to faithfully examine the fields where the damage was done and to appraise such damage justly and equitably. If the owner of the damaging animals after having been duly notified by the party whose fields have been damaged, neglects or refuses to act according to the provisions hereof, within reasonable time, or if at any time he fails to proceed accordingly and satisfy such damage, then such damaged person shall bring the matter before the justice of the peace as herein required of the owner, who shall act as though notifed by the owner of the damaging animals as herein provided.

Sec. 2. The appraisers appointed by the justice as above provided, shall, if necessary, examine witnesses under oath, one of them to administer the oath to the witness so to be examined before such testimony is taken. They shall also care fully and faithfully examine the fields damaged. They shall make a written report, signed by at least two of said appraisers, to said justice of the peace, showing the amount of damage done as found by them together with their costs of one dollar ($1.00) per day each for the time actually employed, which time in no case shall exceed two days. Such report shall be made within two days after their finding is made and the justice shall immediately enter upon his records such report and findings with the costs, and at once notify the owner or owners or any agents thereof of such proceedings and findings by posting notices thereof in at least three conspicious

places in his precinct and in the precinct where such owners or their agents reside for at least five days. He shall also serve a copy of such notice upon the owner or owners of such damaging animals or his or their agents.

Sec. 3. If the owner or agent neglect or refuse to appear and pay the amount of such findings and costs, the justice of the peace, shall within three days after the expiration of such five days, proceed to issue his writ of execution to the constable of his precinct and in case there is no constable or if for any reason said constable is unable to serve as such, said justice shall appoint a disinterested person to act as constable for such purpose. Said writ shall command such constable to forthwith take up and keep a sufficient number of the damaging animals which said sufficient number shall first be determined by the justice and of the damaging animals those to be thus taken up shall be numbered and described in such writ, to answer for the damage according to the findings of the appraisers and for all accrued costs and to levy execution theron to satisfy such finding and all accrued costs unless the same be satisfied as herein provided. Such officer in the execution of such writ shall if necessary break open any gates or other inclosures for the purpose of taking such animals as are named and described in said writ and as soon as he takes the same he shall feed, and otherwise take good care of them as long as said animals are in his possession and he shall immediately post at least three notices in conspicuous places in his precinct and in the precinct where the owner or agent of such animals resides, for three days stating thereupon in short and comprehensive language the seizure of such animals and his authority therefor, and the amount of damages found to be due by the appraisers, the name of the owner of such animals, the amount of accrued costs and the aggregate amount of such sums due, and notifying the owner or owners or any of their agents that unless they or either of them, redeem the same by paying all the sums due as herein provided within three days, that the same or as many of the same as are necessary to satisfy such damage and costs, will be sold by him at public sale at the front door of the office of the justice of the peace issuing the execution. Upon the fourth day if such animals have not been thus redeemed he shall proceed to sell the same at public auction at the front door of such justice's office to the highest and best bidder for cash, and when thus sold he shall give good and sufficient bill or bills of sale to the purchaser or purchasers thereof and within two days after such sale he shall make his return and report to said justice of the peace and likewise turn over all moneys derived from such sale,

which money thus derived shall be applied to the payment of such damage and costs and the balance, if any, shall be by such justice of the peace turned over to the owner or owners of such animals or to the agent thereof: Provided, however, that the owner or owners of the animals thus sold may redeem the same at any time within three months after such sale if such animals are still alive by paying to the purchaser or purchasers thereof or to their legal representatives in possession of said animals twice the amount of the price paid therefor at said public sale at the rate of fifteen (15) cents per day for each and every day kept by such purchaser or purchasers or their legal representatives: Provided, further, that after three months from the date of such sale such animals are not redeemable and such sale shall become absolute.

Sec. 4. The fees of the justice of the peace in the cases mentioned in this act shall be as follows and no more: For receiving the case and entering it in his record, five (5) cents for appointing each appraiser and swearing him, ten (10) cents; for posting and serving all the notices required herein ten (10) cents; for receiving the findings of the appraisers and recording the same, twenty-five (25) cents; for issuing the execution and receiving the return of the constable including all other records, matters and things, fifty (50) cents. The constable shall receive for his fees as follows, and nothing more: For serving the writ of execution one dollar ($1.00) for making the sale of each animal twenty-five (25) cents if less than ten, and if more than ten fifteen (15) cents; for making his report herein required and turning all the moneys, to the justice of the peace, etc., twenty-five (25) cents, for taking care of each animal for each day, twenty-five (25) cents, if less than five animals, if more than five and less than ten animals, fifteen (15) cents and if more than ten animals five (5) cents each.

Sec. 5. The provisions of this act shall only apply to damaging animals of known owners and shall in no way conflict with the existing laws regarding animals of unknown owners and it shall only apply to such animals as horses, cattle, mules, oxen, burros, sheep and goats.

Sec. 6. All laws and parts of laws in conflict with the provisions hereof be and the same hereby are repealed and this act shall be in force and effect from and after May first, A. D. 1903.

CHAPTER 74.

AN ACT TO AMEND SECTION 1543, COMPILED LAWS OF 1897, RELATIVE TO SPECIAL LEVIES FOR SUCH SCHOOL PURPOSES.

Sec.

H. B. No 115; Approved March 17, 1903.

CONTENTS.

1. Section 1543, Compiled Laws of 1897, regarding special tax levies by boards of directors. Amended.

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

Section I. That section 1543, Compiled Laws of 1897 is hereby amended to read as follows: "That a special levy, not exceding seven and one-half (7-5) mills, may be levied by the district board in the same manner as such levy is made for general expenses in section 1535, title 11, chapter 1, Compiled Laws of 1897, to be used as a sinking fund for the payment of outstanding bonds and for enlarging school houses or building additional school buildings: Provided, no levy shall be made for the creation of a sinking fund at less period than ten years after such bonds have been issued. The sinking fund may be applied by the directors to the purchase and cancellation of outstanding bonds of the district and to the building of additional school houses or the enlargement of their present school buildings"

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect in thirty days after its passage and approved.

CHAPTER 75.

AN ACT TO PROVIDE FOR AN ASSISTANT SECRETARY FOR THE TERRITORY OF NEW MEXICO. H. B. No. 55; Approved March 17,

1903.

CONTENTS.

Sec.

I.

Office of assistant secretary created. Appointment. Salary. Qualification.

Sec. 2. Assistant secretary. Powers.

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

Section I. The secretary of the territory is hereby authorized to appoint his chief clerk to be assistant secretary, at a salary of three hundred dollars ($300.00), per year, payable monthly out of any territorial funds appropriated for miscellaneous expenses of the secretary's office. Such assistant

secretary shall before entering upon the discharge of his duties give bond to the territory in the sum of five thousand dollars ($5,000.00), which bond shall be approved by the secretary of New Mexico and filed in his office, and shall take and subscribe an oath of office as required by law.

Sec. 2. The assistant secretary shall have power, in the absence of the secretary, to file all instruments required by the laws of New Mexico to be filed in the office of the secretary of New Mexico, and to certify to copies thereof, under his hand and the great seal of the territory, with the same force and effect as if the same had been filed or certified by the secretary of the territory.

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

CHAPTER 76.

AN ACT ENTITLED AN ACT TO AMEND SECTION 1067 OF THE COMPILED LAWS OF 1897 RELATING TO THE MANNER IN WHICH THE DEATH PENALTY SHALL BE INFLICTED. H.B. No. 110; Approved March 17, 1903.

CONTENTS.

Section 1067, Compiled Laws of 1897, regarding the manner of infliccting the death penalty, Amended.

Limitation on number who shall witness execution.

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

Section I. Section 1067 of the Compiled Laws of 1897 is hereby amended by adding to said section the following: "And such executon shall be conducted privately,the sheriff conducting the same shall erect an enclosure within which said enclosure said execution shall take place, and the board of county commissioners in any county in this territory where it shall become necessary under the law to have an execution is hereby authorized and empowered to expend the necessary sum of money to erect such an enclosure as shall be private and not open to the public except as hereinafter provided: Provided, further, that the expenditure for such inclosure shall in no instance exceed the sum of two hundred dollars ($200.00).

Sec. 2. Hereafter executions in this territory shall not be witnessed by to exceed twenty persons including members of the medical profession, officers of the law, clergymen and representatives of the press, the said list to be prepared by the sheriff and approved by the judge of the district court.