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

Section I. That Section 2 of Chapter 44 of the laws of the 33rd legislative assembly of the Territory of New Mexico, entitled, “An Act for the protection of stock raisers and to prevent the sale of dressed meats from animals that have been stolen in the Territory of New Mexico, approved March 15, 1899," be amended to read as follows:

Sec. 2. That the record of marks and brands and description of hides of animals, the meat of which is purchased by butchers or dealers in fresh meats, as provided for in Section I of this Act, shall be preserved by him and at all times kept in a convenient place for the inspection of the inspectors appointed by the sanitary board, of the cattle owners and of any other persons who may be interested in such hides, or the animals from which the same were taken to the officers of the law.

Provided: Any person selling or offering for sale any fresh meats as prescribed in this bill the same having been killed within the territory, shall produce at the time of said sale or offer for sale is made, the hide of the animal or animals, the' meat of which he sells or offers to sell. And if such person shall upon the demand of any hide or cattle inspector of the cattle sanitary board, or any peace officer or any other person, fail to produce and exhibit the hide or hides of such animal or animals, at the time such sale or offer for sale is made, they shall be deemed guilty of a felony and upon conviction thereof in any of the courts of this territory, having jurisdiction of such cause, shall be fined in any sum not less than twenty-five nor more than three hundred dollars or by imprisonment for a term of not less than six months nor more than two years or both in the discretion of the court trying said cause.

This proviso shall not apply to nor be in force against persons who may have purchased meat from any person or persons who have displayed to the purchaser the hide or hides of the animal or animals from which said meat was taken.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.

CHAPTER 15.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT RELATING TO CORPORATIONS, DOMESTIC AND FOREIGN,

Sec.

Sec.

PRESCRIBING

FEES TO BE PAID FOR FILING THEIR ARTICLES, AND FOR
OTHER PURPOSES. APPROVED MARCH 19, 1903," AND AN
ACT ENTITLED "AN ACT REQUIRING CORPORATIONS TO
PUBLISH THEIR ARTICLES OF INCORPORATION, APPROVED
MARCH 21, 1901." C. B. No. 2; Approved February 22, 1605

CONTENTS.

1. Section 1, Chapter 114, Laws of 1903, regarding filing fees of articles of incorporation, amended. Fees of water users' associations.

2. Chapter 27, Laws of 1901, regarding the publication of articles of incorporation, not to apply to water users' associations mentioned in section 1.

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

Section I. That the second paragraph of Section one of Chapter 114, of the Session Laws of New Mexico of 1903, entitled "An Act relating to corporations, domestic and foreign, prescribing fees to be paid for filing their articles, and for other purposes, approved March 19, 1903," be amended by adding thereto, after the words "but in no case less than twenty-five dollars, ($25.00;" the following: Provided, That for all waters users' associations incorporated under the laws of the Territory of New Mexico, pursuant to and in accordance with the provisions of an act of congress, and the regulations issued by the secretary of the interior thereunder, entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands, approved June 17, 1902," the fee shall be one dollar; and, Provided, Further, That any filing fees in excess of one dollar heretofore paid by any such water users' association shall be refunded to the association paying the same by the treasurer of the Territory of New Mexico out of any funds in the treasury.

Sec. 2. That the provisions of chapter 27 of the session laws of New Mexico of 1901, entitled "An Act requiring corporations to publish their articles of incorporation, approved March 21, 1901," shall not apply to water users' associations of the character mentioned in Section 1 of this Act.

Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage.

CHAPTER 16.

AT ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE
DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE

TERRITORY OF NEW MEXICO. C. B. No. 22; Approved
February 22,1905.

CONTENTS.

Sec.

Sec.

1. Term of court in first judicial district, Santa Fe, San Juan, Taos and Rio Arriba counties.

2. All writs issued by district court returnable at the times and places designated in section 1.

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

I.

Section 1. The regular terms of the district court for the first judicial district of the Territory of New Mexico shall hereafter be held and commenced as follows:

In the County of Santa Fe, at the county seat of said county, commencing on the first Monday of March and September of each year.

In the County of San Juan, at the county seat of said ounty, commencing on the first Monday of May and second Monday of October of each year.

In the County of Taos, at the county seat of said county. con mencing on the third Monday of May and the second Monday of November of each year.

In the County of Rio Arriba, at the county seat of said county, commencing on the second Monday of June, and the fourth Monday of November of each year.

Sec. 2. Every writ, summons, recognizance, subpoena, or other process whatever which has been issued or taken out from the district court for any county in said district, shall be returnable at the times and places designated in Section I of this Act, and shall have the same force and effect as if the same had been made returnable at the times and places mentioned in said Section 1 of this act.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act to take effect from and after its passage.

CHAPTER 17.

AN ACT TO REGULATE THE USE OF ARTESIAN WELLS AND TO PREVENT THE WASTE OF SUBTERRANEAN FLOWS OF WATER AND FOR OTHER PURPOSES. C. B. No. 20; Approved February 22, 1905.

CONTENTS.

Sec. I. Insecurely cased artesian wells.

Sec. 2. Persons permitting unnecessary flow, guilty of misdemeanor.

Definition of artesian well. Proviso.

Sec. 3.

[blocks in formation]

Sec. 7.

Supervisor. Duties.

License imposed. Fund created from revenue of licenses.

Sec. 8. Duties of county commissioners, road supervisor and city engineer, in

regard to violations of act.

Sec. 9. Persons before boring to notify supervisor. Authority of supervisor to

condemn casing.

Sec. 10. Filing of sworn statement as to wells.

Sec. 11. Supervisor to take pressure readings.

Sec. 12. Penalty for violation of act.

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

Section I. That any artesian well which is not tightly and securely cased, capped or furnished with such mechanical appliances as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant or occupant of the land upon which such well is situated who causes, permits or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor.

Sec. 2. Any person owning, possessing or occpying any land upon which is situated an artesian well, who causes, suffers or permits the water to unnecessarily flow from such well or to go to waste, is guilty of a misdemeanor.

Sec. 3. An artesian well is defined for the purpose of this act, to be any artificial well, the waters of which if properly cased will flow continuously over the natural surface of the ground adjacent to such well at any season of the year: Provided, Nothing in this act shall apply to water flowing from mining shafts.

Sec. 4. Waste is defined for the purpose of this act to be the causing, suffering or permitting the water flowing in such well to reach any porous substratum before coming to the

earth's surface, or to flow from such wells, unnecessarily upon any land, or directly or indirectly into any river, creek or other natural water course or channel, or into any lake or pond, or into any street, road or highway, unless it be used on lands for beneficial purposes: Provided, That this section shall not be so construed as to prevent the use of such water for domestic purposes or the proper irrigation of agricultural lands by direct flow or from storage reservoirs furnished by such wells, or for supplying or helping to supply through natural or artificial water courses or channels, public or private irrigation canals or systems, or for ornamental ponds, or fountains, or for ponds used for the propagation of fish, and provided where the water so used for the maintenance of ornamental ponds, fountains, or ponds for the propagation of fish shall in any case not be greater than would flow through a pipe one inch in diameter.

Sec. 5. Any person hereafter boring or causing to be bored. an artesian well, shall case the same, with a good quailty of casing, sufficient in all instances to resist the pressure of the water, the entire depth of the well to and into the last strata of rock, immediately above the flow of water, and shall keep a complete and accurate record of the depth and thickness of the different strata penetrated, which he shall verify under oath and when the well is completed shall file said record in the office of the district artesian well inspector, where it shall be carefully preserved.

Sec. 6. To provide additional security for carrying out the provisions of this act the governor of the territory may from time to time, as he sees fit, or shall upon the request by petition of five per cent. (5 per cent.) of the qualified voters of any county, or county-ties, create "artesian districts," consisting in each case of not less than one county or more than four adjacent counties, and shall thereupon appoint for each such district so created, a "district artesian well supervisor" who shall be qualified by both education and experience in artesian well matters and resident of the district for which he is appointed. It shall be the duty of such supervisor, to inspect each artesian well in such district at least once in each three (3) months, and to keep a record of such inspections, in a book in his office, which said record shall at all times be open to the inspection of any person. It shall be the further duty of such supervisor to see that the provisions of this act are faithfully carried out within his district and for this purpose he shall have all the powers conferred upon county and city offi cers in Section eight (8) of this Act. It shall be the duty of such supervisor to make complaint and appear against any

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