by imprisonment for not less than thirty days nor more than sixty days, or by both such fine and imprisonment in the discretion of the court. Sec. 4. Whenever the owner or lessee of lands within any inclosure or pasture in the Territory of New Mexico shall desire to protect or propagate game birds, animals or fish within said inclosure or pasture, he shall publish notices in both English and Spanish, warning all persons not to hunt or fish within said inclosure or pasture, which notices shall be by hand bills posted in at least three conspicuous places on said premises, and by publication for three consecutive weeks in some newspaper of general circulation in the county wherein said premises are situate. After the publication and posting of such notices, it shall be unlawful for any person to enter upon said premises or inclosure for the purpose of hunting or fishing, or to kill or injure any birds, animal or fish within such inclosure or pasture at any time without the permission of such owner or lessee, 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 thirty days nor more than sixty days or by both such fine and imprisonment in the discretion of the court. Sec. 5. It shall be unlawful for any person or persons, agent or employe, or any association or corporation, to buy or sell, or expose or offer for sale, any species of trout, or game food fish taken from the streams or waters of the Territory of New Mexico; or any game known as elk, deer, antelope or mountain sheep, killed within the Territory of New Mexico; or any game birds known as wild turkey, mountain grouse, native or crested quail, turtle dove, pheasant, bob-white quail, wild pigeon or ptarmigan, killed within the Territory of New Mexico at any time; 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 streams or waters of the Territory of New Mexico; or any game known as elk, deer, antelope, or mountain sheep, killed within the Territory of New Mexico, or any game birds known as wild turkey, mountain grouse, native or crested quail, turtle dove, pheasant, bob-white quail, wild pigeon or ptarmigan, killed within the Territory of New Mexico, 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. 6. Chapter 26 of the Session Laws of 1901 of the 34th Legislative Assembly of the Territory is hereby repealed; and sections 6, 11, 14, 15, 16, and 18 of Chapter 48 of the Session Laws of 1903 of the 35th Legislative Assembly are hereby repealed; and sections 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, of the Compiled Laws of the Territory of New Mexico of 1897 are hereby repealed; and Chapter 46 of the Session Laws of 1901 of the 34th Legislative Assembly of the Territory of New Mexico is hereby repealed; and this act shall take effect and be in force from and after its passage. CHAPTER 52. AN ACT TO AMEND SECTIONS TWO AND THREE OF AN ACT ENTITLED “AN ACT IN RELATION TO CRIME AND PUNISH MENT, APPROVED APRIL 2, 1884. H. B. No. 105, Approved March 13, 1905. CONTENTS. Sec. 1. Sections 1150 and 1159, Compiled Laws of 1897, fixing penalties for the obstruction of railroad tracks, amended. Persons placing obstructions on railroad tracks with the intent to cause accident, guilty of felony. When persons placing obstructions will be guilty of assault with the intent to commit murder or guilty of murder. Abettors deemed principals. Penalties. Wilful interference with engines, machines, structures and railroad appliances, a misdemeanor. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That sections two (2) and three (3) of an act of the 26th Legislative Assembly of the Territory of New Mexico, entitled "An Act in relation to crime and punishment," approved April 2, 1884, and appearing in the Compiled Laws of the Territory of New Mexico of the year 1897, as sections 1150 and 1159, respectively, be and the same are hereby amended so as to read as follows, viz: "Sec. 2. Any person who shall place any obstruction upon any railroad track of any railroad company operating a rail road in this territory, or displace any switch, or break or remove any railroad, or tie, or spike or other thing, or excavate the road bed or otherwise injure or weaken the same, or cut or in any other manner interfere with any bridge, or trestle, or culvert, so as to weaken or impair the same, or do any act with intent to throw any locomotive car or train off such track, or to cause a collision between locomotives, cars or trains, or locomotives, cars or trains and other obstacles or do any other act calculated to endanger the safety of or disable any locomotives, cars, or trains that may be upon or running upon such track, shall be deemed guilty of felony and upon conviction thereof, shall be punished by imprisonment in the territorial penitentiary for a term not less than five nor more than ten years; and in case such act or acts shall result in the injury to the person of another, or shall cause the death of another, such person shall be deemed guilty of an assault with intent to commit murder or guilty of murder, as the case may be, and upon conviction thereof shall be punished as in other cases of assault with intent to commit murder. And any and all persons who shall combine, conspire, or contrive to perpetrate or shall counsel, aid, abet or assist in the perpetration of any of the offenses set forth in this section, on conviction thereof, shall be deemed to be principals and punished as in this section provided." "Sec. 3. Any person or persons who shall wilfully do or cause to be done any act or acts whatever, whereby any building, construction or work of any kind, or any engine, machine, or structure, or thing, or road bed or tract, or anything appertaining to such track, or any property belonging to or appertaining to any railroad company operating a railroad in this territory shall be weakened, injured, impaired, obstructed, stopped or destroyed, shall be deemed guilty of a misdemeanor, and on conviction thereof shall forfeit and pay to such company treble the amount of damage sustained by reason of such act or acts and shall be fined not less than five hundred dollars or imprisoned in the county jail not exceeding six months or shall suffer both such fine and imprisonment in the discretion of the court." This act shall take effect and be in force from and Sec. 2. after its passage. CHAPTER 53. AN ACT ENTITLED AN ACT TO PERMIT COUNTY COMMISSION ERS TO MAKE LEVY FOR THE SUPPORT OF THE BOARD OF HORTICULTURAL COMMISSIONERS. H. B. No. 55; Approved Sec. CONTENTS. 1. County commissioners to make levy for the support of the board of horticultural commissioners. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That upon the application and demand of the board of horticultural commissioners of any county in this territory that the county commissioners of such county are hereby authorized to make a levy at the regular meeting of the county commissioners for making the general tax levy for such county to make a special levy of not to exceed one mill to be levied and collected as other taxes for the purposes of defraying any expenses incurred by the board of horticultural commissioners in carrying out and enforcing the provisions of sections 707, 708, 709, 710, 711, 712 and 713 of the Compiled Laws of 1897, and the said fund when so levied and collected by such board of county commissioners, shall be exclusively for defraying the expenses of the board of horticultural commissioners and for no other purposes, and shall be paid out by such board of county commissioners for such purposes only upon the order of such board of horticultural commissioners of such county. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 3. That an emergency exists and that this act shall take effect and be in force from and after its passage. CHAPTER 54. AN ACT AUTHORIZING COUNTY COMMISSIONERS TO LEVY A TAX FOR COURT HOUSE AND JAIL BUILDING PURPOSES, A. H. B. No 39; Approved March 13, 1905. CONTENTS. Sec. 1. County commissioners to levy a tax for purpose of creating court house building fund. Proviso. Sec. 2. Moneys received to be credited to "Court House Building Fund." Sec. 3. County commissioners authorized to sell old court house and jail, applying proceeds toward erection of new buildings. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. The county commissioners of any county not having a court house or jail, or a suitable court house and jail, in the judgment of said county commissioners thereof, are hereby authorized and directed to levy a tax annually, on all property subject to taxation within the confines of said county for the purpose of creating a fund with which to provide a court house in said county: Provided, That said levy shall not exceed five mills on the dollar in any one year. Sec. 2. That all moneys received from such levy shall be placed to the credit of the fund to be designated "Court House Building Fund" until such time, as in the discretion of the county commissioners of such county there is sufficient money in said fund to provide a suitable court house. Sec. 3. When any county herein referred to may have a court house and jail which shall not be suitable or necessary for such county, the county commissioners thereof are hereby authorized to sell and dispose of such court house and jail and the land on which they may be situate on the best terms obtainable and apply the proceeds thereof on liquidation of the cost and expenses of erecting such new court house and jail. Sec. 4. This act shall be in full force and effect from and after its passage. CHAPTER 55. AN ACT ENTITLED AN ACT TO AMEND AN ACT RELATING TO LAWFUL FENCES. H. B. No. 56; Approved March 13, 1905 Sec. I. Sec. 2. CONTENTS. Section 1823, Compiled Laws of 1897, relating to the fencing of certain lands, amended. Fences required. Term, "cultivated lands" to apply to what lands. Section 1824, Compiled Laws of 1897, defining the boundaries to be fenced, amended. New boundaries. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That Section 1823 of the Compiled Laws of 1897, be amended so as to read as follows: "That hereafter |