ment of indemnity claims for cattle that shall be slaughtered, and for fees, salaries, wages, costs and expenses provided under the provisions of this act, and shall be paid out by such treasurer on the order of said board. All moneys shall be assessed, levied and collected at the expense of the several counties, and where the commissioners of any county shall neglect or fail to make said levy, they shall become personally responsible to the cattle indemnity fund in an amount equal to twenty-five per cent. of the levy. $204. Said veterinary surgeon before entering upon the discharge of his duties shall take and subscribe an oath, before some officer authorized to administer oaths, to well and impartially perform all professional duties assigned him, and each member of said board before entering upon the discharge of his duties shall take and subscribe an oath to faithfully and impartially discharge his duties to the best of his ability, and execute a bond in the penal sum of five thousand dollars to the Territory of New Mexico, with two or more sufficient sureties, conditioned for the faithful disbursement of all moneys. Such bond shall be approved by the governor, and each of said oaths and bonds shall be filed with the territorial auditor. 205. The members of said board shall receive no compensation for their actual and necessary expenses while in the performance of their duties, and for such expenses they may be reimbursed out of said indemnity fund. § 206. It shall be the duty of such board and they are hereby required during the first week in December of each year, to transmit to the governor a report of their doings under this act, containing a detailed account of all the receipts and expenditures of money by them, together with such other facts within the line of their duties as may be of public interest. Any such report shall be transmitted by the governor to the next legislative assembly. C. 106, L. 89. § 23; Feb. 28. Surgeon to take oath and bond. Id. § 24. No compensation for members. Id. § 25. Board to make report. Id. § 26. Additional powers of board. § 207. That in addition to the powers and duties now conferred and prescribed by law to be exercised and performed by the sanitary board created by an act of the legislative assembly of this territory, entitled, "An act to prevent the introduction of diseased cattle into New Mexico," which became a law on the 28th day of February, 1889, the said sanitary board shall have and exercise the powers and shall perform Feb. 14. the duties prescribed by this act. $208. In the exercise of the powers and performance of the duties conferred and prescribed by this act, the said sanitary board shall and may make all necessary rules and regulations respecting the inspection of cattle intended for shipment or to be driven beyond the limits of this territory; and also respecting the inspection of hides and slaughter houses in this territory, and for the government of all employes of said sanitary board. § 209. It shall be the duty of said sanitary board to cause to be inspected the brands and ear marks upon the cattle shipped or driven out of this territory, and to cause to be kept and preserved a true and correct record of the result of such inspections, in the office of the secretary of said sanitary C. 34. L. 91, 1: Additional rules. Id. § 2. Duty of board to inspect. Feb. 14. C. 34. L 91. § 3; board, which record shall set forth the date of the inspection, the place where, and the person by whom made, the name and post-office addresses of the owner, shipper or claimant of the cattle so inspected, and the names and post-office addresses of all persons in charge of such cattle at the time of the inspection, the destination of such cattle, as well as a list of all brands and ear marks upon the cattle so inspected, and the number and classification of such cattle. Duty of shippers. Id. § 4. Duty of railroads. Id. § 5. Duty of inspectors Id. § 6. Additional duties of inspectors. § 210. It shall be the duty of every person shipping or driving any cattle out of this territory to hold the same at some convenient place for inspection, as provided by this act, and it shall be unlawful for any person to ship, drive or in any manner remove beyond the boundaries of this territory any herd or band of cattle until they shall have been inspected as provided by this act. $211. It shall be unlawful for any railroad company to receive any herd or band of cattle for transportation to a point beyond the boundaries of this territory until the same shall have been inspected, as required by this act, and until such railroad company shall have been furnished with a certificate by a duly authorized inspector, showing that the brands and ear marks upon such cattle have been duly inspected as required by this act, and any railroad company or any officer, agent or servant of a railroad company, who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred dollars and not more than five thousand dollars, in the discretion of the court. § 212. Every person, company or corporation, or their or either of their agents, servants, or employes, having in charge cattle destined for transportation by rail or to be driven beyond the limits of this territory, may make application to the proper inspector to inspect the brands and ear marks of any such cattle, stating in such application the time and place, when and where said cattle will be ready for inspection, and it shall be the duty of such inspector, or of some other inspector to be designated by the said sanitary board, to attend. at the time and place designated in such application and inspect the said cattle, make the record and give the certificate required by the provisions of this act, free of charge, to the owner of said cattle: Provided, however, That in the case of cattle transported out of this territory by rail, the place of inspection shall be at some stock yards, or other convenient place near the proposed point of shipment of said cattle from the territory: And provided, further, That if the owner or person in charge of said cattle shall cause any unreasonable delay or loss of time to such inspector, such owner or person in charge of any such cattle shall pay the expenses and salary of such inspector during such delay or loss of time. § 213. Every inspector employed by the sanitary board under the provisions of section one hundred and ninety shall in addition to the duties prescribed by the said act, be an inspector of brands and ear marks, and also an inspector of hides and slaughter houses under the provisions of this act, and it shall be the duty of some one of such inspectors to in Feb. 14. spect the brands and ear marks of all cattle transported or C. 34. L. 91, § 7: driven out of this territory, and to make a sworn report to the secretary of the said sanitary board of the result of such inspection at least once in every thirty days and oftener if, in the opinion of the sanitary board, it shall be necessary to do so; every slaughter house in this territory shall be carefully inspected by some one of the inspectors aforesaid, and all hides found in such slaughter houses shall be carefully compared with the records of such slaughter houses, and a report in writing setting forth the number of cattle killed at any such slaughter house since the last inspection (or since the passage of this act, as the case may be), the names of the persons from whom each of said cattle was bought, the brands and marks upon each hide, and any information that may be obtained touching the violation by the owner of any such slaughter house, or any other person, of the provisions of an act entitled, "An act for the protection of stock, and for other purposes, approved April 1, 1884. [See section eighty-four.] For the purpose of making the inspection authorized by this act, any inspector employed by the said sanitary board shall have the right to enter in the day or night time any slaughter house or other place where cattle are killed in this territory, and to carefully examine the same, and all books and records required by law to be kept therein, and to compare the hides found therein with such records. Any person who hinders or obstructs, or attempts to hinder or obstruct any inspector employed by the said sanitary board in the performance of any of the duties required of him under the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars, at the discretion of the court trying the case. $214. Any person, being the owner of a recorded brand in this territory, may file in the office of the secretary of said sanitary board a copy of his or her brand or brands and ear marks, and after the filing of such copy with said secretary it shall be the duty of said secretary to notify any persons having a copy of his brand on file in said office, of the removal from the territory of all cattle in such brand and ear mark, giving full particulars as to time and place of inspection and shipment or removal of any such cattle, and the names and post-office addresses of all persons in charge of such cattle at the time of inspection. $215. The records required to be kept by the secretary of the said sanitary board shall be kept in a well bound book, to be provided by the board for that purpose, and a certified copy of any such record under the hand and seal of the secretary of said board shall be prima facie evidence in all courts of this territory of the truth of any fact required to be recorded therein by this act. $216. Any inspector employed by the said sanitary board. who shall knowingly make any false certificate under the provisions of this act, or who shall knowingly swear falsely as to the truth of any report made by him to the secretary of said sanitary board, or who shall accept any bribe or compensation for the performance or failure to perform any of the duties Copy of brand to be filed. Id. § 8. Copy to be prima facie evidence. Id. § 9. False certificate; penalty. Feb. 14. C. 34. L. 91, § 10: prescribed by this act, except such compensation as may be paid him by the said sanitary board, shall upon conviction thereof be fined in any sum not exceeding one thousand dollars, or imprisoned in the territorial prison not exceeding five years, at the discretion of the court. Compensation of secretary. Id. § 11. Salaries: how paid Id. § 12. Violation of act: penalty. Id. § 13. Board may borrow money. § 217. The secretary of the said sanitary board shall receive such compensation as shall be fixed by the said board, not exceeding one thousand dollars per annum. He shall keep a record of all inspections of brands and ear marks in well bound books to be provided for that purpose, and shall perform such other duties as shall be prescribed by the board. He shall take and subscribe an oath faithfully to perform all of his duties as secretary of such board, and shall enter into bond in the penalty of five thousand dollars, with good and sufficient sureties, to be approved by the said sanitary board, conditioned for the faithful performance of his duties. Any person injured by any misfeasance, malfeasance or nonfeasance of the said secretary may institute an action on said bond in the name of the Territory of New Mexico, for his use and benefit, in any court of competent jurisdiction, and recover thereon such damages, not exceeding the penalty of the bond, as he shall have sustained by such misfeasance, malfeasance or nonfeasance. 218. The salaries of all employes and all other expenses incurred by the said sanitary board shall be paid as now provided by law, except that in addition to moneys hereafter to be raised by taxation all surplus moneys now in the treasury arising from the special tax known as the cattle indemnity fund, shall be available for that purpose. § 219. Any person, firm or corporation who shall violate any of the provisions of this act, or who shall remove any cattle beyond the limits of this territory, without having the same inspected as required by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars and not more than five thousand dollars, in the discretion of the court: but nothing in this act contained shall be construed as in any manner affecting the laws now in force respecting the larceny of cattle. § 220. In order to provide the necessary moneys for the payment of the expenses incurred by the cattle sanitary board of New Mexico in the execution of the provisions of an act entitled "An act in relation to live stock," approved February 14th, 1891, the said board shall have power to borrow money and to issue negotiable paper therefor: but the indebtedness so created shall not at any time exceed the sum of five thousand dollars, and any indebtedness so created shall be paid out of revenue accruing to the cattle indemnity fund from taxes levied and assessed or to be levied and assessed upon cattle only, and from fees arising from inspection of C. 67. L. 93. § 1; cattle and hides as hereinafter provided, and not otherwise. Feb. 23. Board may fix fees. § 221. The said board shall have power by resolution to fix a fee or charge for the inspection of cattle and hides inspected under the provisions of said act, which fee or charge shall be uniform throughout the territory, and shall be a lien upon cattle and hides inspected until paid. The amount of $223. Said board shall have power to sell all unclaimed cattle which may come into its possession and to make all necessary rules and regulations for the government for such sale as well as for the disposition of the proceeds thereof, but all moneys arising from the sale of unclaimed cattle shall be paid into the territorial treasury to the credit of the cattle indemnity fund and paid out as other moneys in the said fund. C. 67, L. 93. § 2 Feb. 23. Fees to be paid secretary. Id. § 3. Power to sell cat tle. Id. § 4. Proceeds of sale forfeited after Id. § 5. $224. All moneys arising from the sale of unclaimed cattle remaining in the treasury for the period of twelve months, twelve months. shall be deemed forfeited to the said fund by the owner or owners thereof: Provided, That the said board shall be required to make reasonable rules and regulations to enable the owners thereof by the use of reasonable diligence to know of the existence of such moneys and to claim the same. § 225. All acts and parts of acts in conflict with this act mer acts continued. are hereby repealed, and this act shall take effect and be in force from and after its passage; but nothing in this act shall be construed to repeal the provisions of any existing act authorizing the levy of a special tax upon cattle for the benefit of the cattle indemnity fund. Provisions of for Id. § 6. Board to employ veterinarian. § 226. Whenever the cattle sanitary board of this territory shall have reason to believe that contagious pleuro-pneumonia, tuberculosis, or any other contagious or infectious disease fatal to cattle exists or has become epidemic upon any premises or in any locality in this territory, it shall be the duty of said board to employ a competent veterinarian, who shall examine, and if deemed necessary, quarantine, under such rules and regulations as said board may prescribe, all cattle suspected of being so diseased or that have been ex- March 18. posed to such disease. $227. Whenever it shall be necessary in the opinion of said veterinarian, in order to stamp out and prevent the spread of such disease, that the diseased cattle and those that have been exposed thereto, should be slaughtered, he shall report the same to said sanitary board, and if the said board be satisfied of the correctness of said report and the necessity therefor, they shall cause such cattle to be slaughtered under the direction of the board or said veterinarian, and the carcasses to be disposed of as the board may direct. $ 228. Prior to such slaughtering the board shall appoint one disinterested person, resident of the county wherein such cattle are to be slaughtered, who shall act with a like disinterested person to be appointed by the owner of such cattle, and fix the price to be paid out of the cattle indemnity fund or the funds realized from the special tax provided for in section two hundred, as an indemnity for the slaughter of such animals, and in event said two appraisers are unable to agree, C. 55, L. 97. § 1; Board may slaughter animals. ld. § 2. Appraisers to be appointed. |