attorney making such appointment; but the boards of county commissioners may pay such assistant district attorney for any special services rendered said board in such district attorney's district in any sum not to exceed one hundred dollars per annum. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in full force and effect from and after its passage and approval. CHAPTER 35. AN ACT TO AMEND AN ACT FOR THE PROTECTION OF PROPERPERTY FROM THE WATERS OF THE RIO GRANDE, A. C. B. NO. 59, APPROVED FEBRUARY 22, 1905. H. B. No. 168; Approved March 8, 1905. Sec. CONTENTS. I. Section 1, Chapter 18, Laws of 1905, regarding the election of river com. missioners in certain counties, amended. Sandoval county included. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. Section 1 of an Act for the protection of property from the waters of the Rio Grande, approved February 22, 1905, be and the same is hereby amended by striking out the word "and" between the words "Socorro and Dona Ana" and by inserting in lieu thereof a comma, and by adding after the words "Dona Ana" the words "and Sandoval." Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.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 36. AN ACT TO AMEND CHAPTER 29, OF THE SESSION LAWS OF 1901, OF NEW MEXICO, APPROVED MARCH 16, 1901. H. B. No. 144; Approved March 8, 1905. Sec. 1. CONTENTS. Section 1, Chapter 29, Laws of 1901, regarding the rights of Indians in and to acequias, amended. Indians required to render services in working acequias. Proviso. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That Section I of Chapter 29 of the Session Laws of New Mexico of 1901, be and the same hereby is amended to read as follows: "That Section 1876 of the Compiled Laws of 1897 be and the same is hereby amended so as to read as follows: "Section 1876. The different communities of Indians residing within the Territory of New Mexico shall be subject to render their services in working the acequias, within the limits of their respective reservations in which they may have a common interest with the citizens who live within their respective reservations, and they shall enjoy at the same time the same benefit and rights of commercial traffic; Provided, That hereafter said Indians shall have no right to participate in the nominations and election of acequia overseers or acequia or water commissioners in any ditch, whether within or without their reservations, except in acequias constructed entirely by themselves, unless they have paid their proportionate share of the whole cost of the construction of such acequia; and unless the lands sought to be voted by said Indians have been duly returned for taxation in accordance with law, and territorial and county taxes paid thereon. In all cases in which citizens living within the limits of such communities or pueblos of Indians shall have acquired water rights by purchase of land from said Indians, the distribution of such water between the Indians and the said citizens shall be agreed upon, based upon the customs heretofore practiced and recognized between the said Indians and said citizens, by and between the governor of the community or pueblo and the commissioners of such acequia in which the said citizens may have acquired any such rights, and the governors of such communities or pueblos of Indians and the said river or acequia commissioners, shall also regulate the amount and manner of work to be done by the Indians and citizens in all such acequias in which all have water rights, in accordance with such customs.' Sec. 2. All laws or parts of laws in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage. CHAPTER 37. AN ACT FOR THE PROTECTION OF PERSONS HIRING LABOR IN H. B. No. 111; Approved March 8. 1905. Sec. ADVANCE. CONTENTS. 1. Penalty for failure to work after receiving advances in money or goods. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. Any person or persons, who under the pretense of hiring to do work for any other person or persons who shall obtain in advance and on account of promise of work to be done by such person or persons, any goods or money, and afterwards being able so to do wilfully, fails to perform the work agreed by such person or persons to be performed; be punished before any justice of the peace by a fine of not less than fifty dollars, and no more than one hundred dollars, or by imprisonment in the county jail for not less than three months nor more than six months or both: Provided, However, If before, or at the time said labor was to be done or performed said person or persons shall refund said money or pay for any goods so obtained and interest on the same, this law shall not apply. Sec. 2. That all laws or parts of laws in conflict herewith, are hereby repealed, and this act shall take effect thirty days after its passage. CHAPTER 38. AN ACT TO PREVENT THE SALE OF ANIMALS ON SHARES, WITHOUT THE CONSENT OF THE OWNER, AND FOR OTHER PURPOSES. H. B. No. 107; Approved March 8, 1905. CONTENTS. Sec. Be it enacted by the Legislative Assembly of the Territory of New Mexico : Section I. That hereafter it any person having in his possession, or under his control on shares, or under contract any horses, cattle or sheep, and shall contract, sell or otherwise dispose of the same, or any part thereof to another, without the consent of such owner, the person so offending shall be deemed guilty of a felony, and on indictment and conviction. shall be imprisoned in the penitentiary not less than six months or more than three years, or shall be fined not less than $50.00 nor more than $500.00, or shall suffer both fine and imprisonment, in the discretion of the court trying the case. Sec. 2. Any person who shall knowingly buy of, take or receive from any person having in his possession, or under his control, any horses, cattle, or sheep on shares, or under contract, without the consent of the owner of such animals, shall be deemed guilty of a felony, and shall on indictment and conviction be punished as provided for in Section 1 of this act. Sec. 3. Any contract, now of record in the office of the probate clerk and ex-officio recorder, or any contract which may hereafter be recorded in said office for animals on shares. or other contracts regarding the possession, or control of any animals in the county, in which any such animals may be bought, contracted for, or received, shall be considered a notice and knowledge of all persons of the ownership of such animals, and on trial of any one for the violation of this act, or any part thereof such recorded contract, or a certified copy thereof, shall be sufficient evidence to prove the notice and knowledge of ownership aforesaid. Sec. 4. This act shall take effect and be in force thirty days after its passage. CHAPTER 39. AN ACT TO AMEND AN Act of the 36th legislaTIVE ASSEMBLY OF THE TERRITORY OF NEW MEXICO, ENTITLED “AN ACT TO ESTABLISH AN INSURANCE DEPARTMENT IN THE TERRITORY OF NEW MEXICO AND TO REGULATE INSURANCE COMPANIES DOING BUSINESS THEREIN" BEING HOUSE BILL NO. 73 APPROVED FEBRUARY 9, 1905. H. B. No. 150; Approved March 8, 1905. CONTENTS. Section 18, Chapter 5, Laws of 1905, fixing the time of rendering reports to superintendent of insurance, amended. Time changed from February to March. Sec. 2. Sec. 3. Section 25, Chapter 5, Laws of 1905, regarding the exemptions of fraternal, religious, and benevolent associations, amended. Section 31, Chapter 5, Laws of 1905, regarding the applicability of act to contracts and policies already in force, amended. Premiums hereafter collected, subject to the 2 per cent. tax provided in Section 11, Chapter 5, Laws of 1905. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. That Section 18 of an act entitled "An Act to establish an insurance department in the Territory of New Mexico and to regulate insurance companies doing business therein," being House Bill No. 73, of the Legislative Assembly of the Territory of New Mexico, approved February 9, 1905, be and it is hereby amended by striking out the word "February" in the second line thereof and inserting in lieu thereof the word "March." Sec. 2. That Section 25 of said Act be and it is hereby amended by striking out the word "not" in the second line. thereof. Sec. 3. That Section 31 of said Act be and it is hereby amended so as to read as follows: "Nothing in this Act contained shall affect the validity of policies of insurance companies issued and in force prior to the passage of this act, or the payment or collection of premiums thereon except that all premiums hereafter collected or received on policies theretofore written shall be subject to the two per cent. tax provided in Section II of this Act to the same extent as premiums on policies hereafter written." Sec. 4. This act shall be in full force and effect from and after its passage. CHAPTER 40. AN ACL RELATING TO REGISTRATION BOARDS. Approved March 8, 1905. CONTENTS. H. B. No 22; Sec. I. Section 1711, Chapter 2, Compiled Laws of 1897, fixing the compensation of registration boards, amended. Compensation of registration boards in precincts casting over one hundred votes. Be it enacted by the Legislative Assembly of the Territory of New Mexico: I. Section 1. That Section 1711 of Chapter 2, under title of election, of the Compiled Laws of 1897 of the Territory of New Mexico, be amended, that said Section 1711 shall read as follows: |