dred thousand dollars ($200,000), or more, as the proceeds of the taxes levied for territorial, county, school, municipal, or any special purpose, liquor, gambling and merchandise or occupation licenses, for the purposes of this act such county shall be deemed a county of class "A"; over one hundred fifty thousand ($150,000) and under two hundred thousand dollars ($200,000), a county of class "B"; over one hundred thousand ($100,000), and under one hundred fifty thousand dollars ($150,000), a county of class "C"; over seventy-five thousand dollars ($75,000) and under one hundred thousand dollars ($100,000), a county of class "D"; and under seventyfive thousand dollars ($75,000), a county of class "E". Sec. 2. Upon the basis of the foregoing classification, the county assessors of the several counties of this Territory, shall be allowed for their services, the following percentages upon all moneys collected upon the assessment made by them upon taxable property, and also upon all mercantile or occupation licenses assessed by them, and no more under any circumstances, to be paid out of moneys collected on said assessment, and to be paid as other moneys are disbursed on warrants of the county commissioners. per cent; In counties of class "A", 2 In counties of class "B", 2 In counties of class "C", 2 In counties of class "D", 3 In counties of class "E", 4 Sec 3. Upon the basis of said foregoing classification, the county treasurers and ex-officio collectors of the several counties of the Territory, shall be allowed and shall receive for their services, the following percentages upon all moneys for taxes and licenses collected or received by them, within their respective counties, to be paid as others moneys so disbursed on warrants of the county commissioners: In counties of class "A", 2 per cent; per cent; Provided: That in case the fees and compensation of assessors and treasurers as provided for in this act, shall exceed the sum of forty-five hundred dollars ($4500,) for any one year, the excess over and above such amount shall be paid to the credit of the General School Fund. Sec. 4. For the purposes of this act, the classification of the several counties in this Territory shall be made each year by the traveling auditor, and shall be ascertained and determined upon the basis of the collections made from the sources mentioned in Section 1 of this act, by the collectors of the several counties of this Territory for the fiscal year ending December 31st, immediately preceding the year for which services are to be rendered by such officers, and immediately after this act becomes effective, and thereafter on or before the first day of March of each year, said traveling auditor shall certify to each board of county commissioners the classification of their respective counties for the current year, ascertained in the manner herein before prescribed. Sec. 5. After the notice of classification has been certified by the traveling auditor in the manner herein before prescribed, any member of any board of county commissioners of this Territory who shall knowingly cause or allowed to be paid to any county official herein before mentioned, fees or compensation greater than the amount of percentages herein before fixed, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or both such fine and imprisonment, in the discretion of the court trying the case, and shall also be subject to summary removal from office by the court trying such case. Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after the first day of January, A. D. 1909: Provided, As to counties of class "A" this act shall be in full force and effect from and after the date of its passage. CHAPTER 46. AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE TERRITORY OF NEW MEXICO. H. B. No. 193; Approved March 18, 1907. CONTENTS. Sec. 1. Fixing dates for terms of court various counties. Sec. 2. All writs, etc., returnable at time fixed by Section 1. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That the regular terms for 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 county, commencing on the third Monday in May and the second Monday in November of each year. In the County of Taos, at the county seat of said county, commencing on the first Monday in May and the second Monday of October 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 in criminal cases 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 1 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 Section 1 of this act. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect from and after its passage. CHAPTER 47. AN ACT TO REGULATE LOGGING AND PRESCRIBING THE RIGHTS TO THE USE OF STREAMS FOR FLOATING LOGS, POLES, TIMBER, AND LUMBER THEREIN, AND FOR OTHER PURPOSES. H. B. No. 190; Approved March 18, 1907. CONTENTS. Sec. 1. Sec. 2. Sec. 3. Sec. 5. Lawful to use streams for floating of logs, etc. May construct dams, etc., Proviso. Persons, corporations, etc., may charge toll. Persons liable for damage done to property on banks of stream. Unnecessary damage renders liable to punitive damages. Brand to be affixed. Shall consist of what. Penalties for using brand of another. Penalties for stealing or converting articles mentioned to own use. Proviso: This act not to interfere with construction of dams, etc., for water storage purposes. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. It is hereby declared to be lawful for any person or corporation to use any stream in New Mexico for the purpose of floating and transporting logs, timber, lumber, or the products thereof, the capacity of which is such that logs, timber, lumber and the products thereof can be floated upon it by the use of the natural flow of the water in the stream for any considerable portion of the year. In order to render the use of a stream for the purposes aforesaid lawful, it shall not be necessary that the logs, timber, poles and lumber may at all times be floated without the necessity of going upon the banks of the streams for the purpose of facilitating the transportation and floating thereof. Sec. 2. For the purposes authorized by the preceding section, any person or corporation is hereby authorized and empowered to improve the navigability or floatability of any such stream in this Territory by the removal of natural obstructions or the construction of suitable dams for storing water and the building of booms and sluiceways, or other proper means for improving streams for said purposes. Provided, That whenever such stream is so used or improved, the use of the same shall be open to the public as well as to the person or company making such improvement. Sec. 3. Whenever such improvements have been erected and made in a stream, the person or company making such improvements shall have the right to charge a reasonable toll for the use of the improvements and appliances hereinbefore authorized to be made by any other person or corporation using or demanding the use of the same. Sec. 4. Whenever any stream is used for the purposes aforesaid and it becomes necessary to go upon the banks of the stream for the removal of logs, timber, lumber, or any of the products thereof carried upon the banks by freshets, or occasionally for the pupose of assisting in the floating of the logs, timber, lumber or the products thereof in such stream, the person or corporation floating the same, or the owner thereof, shall be liable for any damage or injury that may be necessarily inflicted upon the property of the person or persons owning or occupying the property on the banks of the stream, or to crops growing thereon, for the actual and reasonable damages sustained by such owner or occupant. For unnecessary or wanton damages done to property on the banks of any such stream, punitive damages may be recovered by the owner or occupant thereof. Sec. 5. All persons or corporations floating logs, timber, lumber, ties or poles in any such stream shall brand the logs, timber, lumber, ties or poles placed therein for the purpose of being floated down such stream, so that the ownership thereof can be shown from such brand. Such brand shall be made by stamping in the logs, timber, lumber, ties or poles, the device adopted by the owner or floater thereof by the use of steel die or stamp, placed in such place on the log, timber, lumber, tie or pole that it may be ineffaceable and legible. Such brand shall be recorded by the owner of the brand in the office of the Secretary of the Territory of New Mexico and it shall not be lawful for any other person or corporation to use such brand after the same has been so recorded. Such brand shall consist of a device or the initials of the person or corporation, to be made by indentation on the logs, timber, lumber, pole or tie so floated. Sec. 6. Any person who shall, without authority, use the brand of any person or corporation recorded as aforesaid, shall upon conviction thereof, be punished by a fine of not less than one hundred ($100.00) nor more than five hundred ($500.00) dollars, or by imprisonment for not to exceed one year, or by both such fine and imprisonment, in the discretion of the court trying the case. Sec. 7. Any person who shall steal or convert to his own use any of the products hereby authorized to be transported or floated in the manner aforesaid, upon conviction thereof, shall be punished in the manner provided by the statutes of New Mexico for the larceny of other property; and the certificate of the recorded brand and the proof of the brand upon any such product shall be prima facie evidence of the ownership thereof: Provided, That nothing in this act shall be construed to effect or impair the right or any person, firm or corporation, the Territory or the United States to construct, maintain and operate dams, reservoirs and head gates in any of the public streams in this Territory, for the purpose of storing or diverting the waters of such streams for beneficial use. Sec. 8. All laws and parts of laws in conflict herewith are hereby repealed, this act shall take effect and be in force from and after its passage. |