C. 55. L. 97, § 3; they shall choose a third disinterested resident of said county to act with them in such appraisement.

March 18.

Claims: how paid and appealed.

§ 229. All claims for indemnity for cattle slaughtered under the provisions of this act shall be presented to the board, with the sworn certificate of such appraisers and shall be paid out of any funds at the disposal of said board not otherwise appropriated: Provided, That no indemnity shall be paid for cattle which were diseased when brought into this territory or which the owner thereof knew or had good reason to believe were so diseased when they came into his possession, nor for any cattle brought into the territory contrary to law. Any person aggrieved by such appraisement and award may appeal to the district court for the county in which said cattle were slaughtered, but such appeal shall not delay the slaughtering of such cattle; and such appeal shall be docketed and tried as appeals from justices of the peace are docketed and tried.

§ 230. Any person or persons or the agent or employe of any firm or corporation, who shall refuse to permit animals suspected of being diseased to be inspected, quarantined or slaughtered, as provided in this act, or who shall willfully interfere with said veterinarian or the sanitary board or any of its officers or employes in the discharge of their duties in relation to the inspection, quarantine or slaughter of such animals, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined for such offense in a sum not less than fifty nor more than one hundred dollars, or imprisoned in the county jail for not less than thirty nor more than sixty days, or both such fine and imprisonment in the discre tion of the court or justice trying the case.

$231. The cattle sanitary board of New Mexico shall have authority to employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings. and to aid in the enforcement of the laws in relation to live stock, and to fix the compensation to be paid to such attor ney.

For the purpose of providing funds therefor and for the employment of additional inspectors, and other necessary expenses incurred by said board, a special tax shall be levied upon all cattle in the several counties of this territory in the manner and according to the provisions of section two hundred, which levy shall be within the limit provided for in said section. Upon the order of the governor, auditor and treas urer, as provided in said section, the county commissioners of the several counties shall cause such levy to be made upon the assessed valuation of all cattle of the bovine species within their respective counties and shall cause such tax to be collected and paid over to the territorial treasurer to the credit of the cattle indemnity fund.

§ 232. It shall not be lawful for any Indian, belonging to any savage tribe, to permit any mule or horse, under his control or in his possession, to be loose or grazing, from the first day of April to the first day of December, within one league of any cultivated field or ranch, in the possession of any civilized inhabitant of this territory.

§ 233. Whenever any mule or horse, the property of, or in the possession of any Indian, as aforesaid, shall be found loose, in violation of the above section, it shall be lawful to seize and take such mule or horse, by any force that shall be sufficient, and immediately convey such mule or horse to the nearest justice of the peace within the territory.

$234. Upon such animals being taken before the justice of the peace, proof shall be made of the finding of the same, and thereupon the justice of the peace shall summon three disinterested residents of the precinct, who shall then be duly sworn by the justice to truly assess any damages which the said mule or horse had done to any cultivated field or ranch, while loose, contrary to the provisions of this act.

$ 235. Upon the report of the appraisers so sworn, the justice shall render his judgment for the amount assessed in favor of him who received the damage by reason of said mule or horse being loose, as also, in all cases, the sum of two dollars, to be paid to the person taking up such animal, and carrying the same to the justice. The justice shall also give judgment for all reasonable costs and charges properly attending the prosecution of the cause.

§ 236. If, within ten days of the rendition of the judgment, any Indian of the tribe to whom the horse or mule belongs shall appear before the justice and claim the horse or mule, and shall satisfy the justice that the claim is made in good faith, and shall pay into the office of the justice the full amount of the judgment and costs, the justice shall cause such horse or mule to be delivered into the hands of such Indian. $237. If the mule or horse shall not be so redeemed within ten days, the justice shall issue his execution to the constable to sell the mule or horse, and the same shall be sold in the same manner as other property by virtue of execution: Provided, The said mule or horse may be redeemed, as aforesaid at any time before sale.

$238. Out of the proceeds of said sale, the full amount of the judgment and costs shall be paid into the office of the justice, and the justice shall, within one month, report the overplus to the county treasurer, and pay the same into the county treasury, and take the treasurer's receipt therefor.

24: Jan. 21, 1861.

duty of.

C. L. 1865, C. 7. § § 239. Whenever any horse or mule, the property of any savage Indian, shall be found injuring the property of any Indian agents: citizen of this territory, or any animal, it shall be presented as already indicated in this law; and if there is an Indian agent or sub-agent in the place, it shall be the duty of the person injured to advise the agent or sub-agent of the damage done him by the animal or animals of the Indian or Indians; and if the agent or sub-agent does not have said damage paid, then the justice of the peace, where the complaint is made, shall proceed as provided in this act.

§ 240. An act approved January 13, 1860, shall be declared as embracing and to be applicable in all its provisions to the several pueblos of Indians who reside within the limits of the organized counties of this territory, for the purpose of preventing equally the damages and injuries that said communities of Indians commit upon our citizens, with all classes of animals.

CHAPTER VII.

ANIMALS INJURED BY RAILROADS.

SECTION.

SECTION

Railroad lines to be fenced.
Legal fence, defined..

Railroads to fence their lines.

C. 75, L. 89. § 1: Feb. 22.

Amendment to

above.

§ 241. Hereafter every railroad corporation whose lines of road, or any part thereof, are open for use, shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, mules, burros, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities and villages, and shall also construct, where the same has not already been done, and hereafter maintain at all public road crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, burros, mules and hogs from getting onto said railroad. Until such fences and cattle guards shall be constructed as herein directed each and every one of such railroad corporations failing to comply with the directions of this act shall be liable in double damages in the manner and to the extent hereinafter limited and provided.

§ 242. Whenever any cattle, horses, sheep, mules, burros or hogs shall be killed, injured or destroyed by any railroad company operating a railroad in this territory or by its agents, trains, cars or locomotives, at any point on its line of road, where by law such railroad is required to be fenced, and the owner of any such animal, so killed, injured or destroyed, shall

Feb. 22.

Animals injured to be paid for at fair value, in ninety days.

make affidavit of his ownership and of the injury or destruc- C. 139, L. 89, § 1: tion of said property, and of the value of the same or of the amount of injury done thereto, and file the same with and give ninety days notice in writing to any station agent, employed in the management of the business of such railroad company, in the county where the killing, injury or destruction complained of shall have been committed, such killing, injury or destruction is hereby made prima facie evidence of the negligence on the part of such railroad company; and if such railroad company, at the expiration of said ninety days shall not market have paid for the animal killed the fair market value thereof, or if the animal has not been killed, the actual amount of damage done by reason of the injury inflicted by such railroad company, upon suit brought for the recovery of damages for such killing, injury or destruction, judgment shall be rendered against said railroad company for the actual value of the animal or for the damage inflicted, if the animal has not been killed, unless said company shall be able to overcome the presumption of negligence based upon the fact of the killing, injury or destruction as herein provided and establish that such killing, injury or destruction was not the result of negligence on the part of said railroad company or its agents in the management of its trains, cars or locomotives: Prorided, That if the owner make claim for a greater sum than the actual market value of the property killed or destroyed, or for greater damage than was sustained by him on account of any injury to any such animal or animals, then and in such event, in case judgment shall be rendered against the railroad company for a sum not exceeding or for a less sum than, the amount offered and for which voucher was tendered by such railroad company in settlement and satisfaction of such claim, the costs of the action shall be taxed against such owner: And provided, further, The provisions of this act shall apply to railroad corporations in the hands of receivers and in order to sue such receiver it shall not be necessary to obtain permis- March 10. sion of the court by whom such receivers were appointed.

C. 34, L. 97, § 1:

Legal fence, defined.

$243. That for the purpose of this act a sufficient and suitable fence is defined and declared to be a fence at least four and one-half feet high, constructed of posts and wire, the top wire to be four and one-half feet above the ground and shall have at least four wires upon posts not exceeding twen- Feb. 2. ty feet apart.

C. 141, L. 89, § 1:

Banks of discount and deposit.

Capital required.

filed.

Limitations.

284

$244. Any number of persons, not less than three, may associate to establish a bank of discount and deposit upon the terms and conditions, and subject to the liabilities prescribed in this act, but the aggregate of the amount of the capital stock of any such corporation or association shall not be less than thirty thousand dollars. No bank organized under the provisions of this act shall transact any business until at least fifty per cent. of its capital stock shall have been paid into Certificates to be the treasury of such bank in cash, and until a certificate to that effect, under oath of the president and cashier, shall be filed in the office of the secretary of the territory, and in the office of the probate clerk in the county where such bank is located; nor shall said bank continue to transact business beyond the period of one year, unless the capital stock of such bank shall have been fully paid up in cash, and a certificate stating such fact, under oath of the president or cashier, shall be filed in the office of secretary of the territory, and in the office of the probate clerk aforesaid; nor shall any such corporation take as security for any loan or discount a lien Security by share on any part of its capital stock; but the same security, both in kind and amount, shall be required of shareholders and of Corporate stock. persons not shareholders; and no bank shall be the holder or purchaser of any portion of its own stock, or of the capital stock of any other incorporated company, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith on security which at the time was deemed adequate to insure the payment of such debt, independent of any lien upon such stock, and stock so purchased shall in no case be held by the bank so purchasing for a longer period of time than six months, if the same can be

holders.

ownership of.

L 1884, chap. 26. § sold for what the stock cost, or at par.

1: April 3.

Certificate to spe- § 245. Such persons shall, under their hands and seals, make a certificate which shall specify:

cify, what.