west corner of the County of Andrews, in the State of Texas, meet; thence due west along the south boundary line of the Territory of New Mexico, to a point where the monuments marking the boundaries between the State of Texas and the Territory of New Mexico, and in the State of Chihuahua in the Republic of Mexico, and erected by the boundary' commission, stand and are in place at the date of enactment of this law, and more particularly the Counties of El Paso, Presidio, Pecos, Tom Green, Crockett, Mitchell, Shackelford, Throckmorton, Archer and Wichita, in the State of Texas, and all the counties east and south of the counties hereinbefore mentioned and situated in the aforesaid State of Texas; also that part of the Republic of Mexico lying north and east of the Mexican Central railway to the twenty-sixth degree of latitude: thence on said line to the Rio Grande, at any time from the fifteenth day of March to the fifteenth day of November of each year, will communicate to and infect cattle then grazing or living on ranges in said territory upon or through which such imported cattle shall then stray or be driven with a certain fatal disease, commonly known as Texas, or splenic fever:

AND WHEREAS, The fact has become well established that such imported cattle, so as aforesaid communicating such Texas or splenic fever, never show any symptoms of the disease from which the same may be determined by an inspection thereof;

AND WHEREAS, Certain other contagious and infectious diseases, and particularly contagious pleuro-pneumonia, have been and are existing an epidemic among the cattle in certain localities within the United States and beyond the limits of said territory: therefore for sanitary purposes only:

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

Texas fever; detinition of cattle.

$181. The word "cattle" used in the preamble of this act and wherever used in any of the sections or provisions of such act, shall be understood and construed as bovine cattle only, and shall not relate to or include any other kind of domestic Feb. 28, 1889. animals.

$182. A sanitary board, consisting of five persons, each of whom shall be a practical raiser and owner of neat cattle in this territory, one to be appointed in and for each of the following districts: District number one to be formed by the Counties of Santa Fe, San Miguel and Taos; district number two, of the Counties of Bernalillo, Valencia, Rio Arriba and San Juan: district number three, of the Counties of Mora, Colfax and Union; district number four of the Counties of Dona Ana, Grant, Socorro and Sierra: district number five, of the Counties of Lincoln, Chavez, Eddy and Guadalupe: the limits of each as now constituted, hereby is created, to be known as the Cattle Sanitary Board of New Mexico. The term of office of each member of the said board shall be two years from and after his appointment and until his successor shall have been appointed and qualified, each of the members of said board shall be nominated by the governor of the terri

C. 106, L. 1889. § 1:

board.

Sanitary how appointed.

Feb. 8.

C. 29. L. 95. § 2; tory and appointed by and with the consent of the legislative council. In case of any vacancy in the membership of said board from death, resignation or otherwise, the governor shall fill such vacancy by appointment, and the appointee shall hold such office only during the unexpired term of the office' so becoming vacant.

Quorum.

Feb. 28.

Additional powers of board.

§ 183. A majority of the members of said sanitary board shall constitute a quorum, authorized to transact all business C. 106. L. 89. 83: properly coming before them under the provisions of this act. § 184. Said sanitary board is hereby authorized, empowered and required to prevent the introduction into this territory or the spreading therein of Texas or splenic fever, contagious pleuro-pneumonia, tuberculosis or any other contagious or infectious diseases affecting cattle, and to investigate and stamp out any such diseases among cattle wherever the same may be found to exist in this territory, and to adopt, publish and enforce such quarantine rules and regulations as may be necessary to carry into effect the provisions of this act and not inconsistent therewith, and to make and enforce such rules and regulations as may be necessary to provide CL. 95. for the inspection of cattle for sale and slaughter.

29. § 3: Feb. 8.

Board to employ surgeon.

§ 185. It may be the duty of said board and they are authorized to employ some competent veterinary surgeon, who shall be a graduate in good standing of some recognized college of veterinary surgery and science, and when necessary, to bring him to their aid for the inspection of live cattle, having or suspected of having some contagious or infectious disease, or for the examination of any cattle that shall have died or shall be suspected of having died of some such disease, as well as for consultation as to the most practical and effective method of stamping out or preventing the spread of any such disease among cattle within said territory, and for the performance of any other service within the line of their duties or of his profession as said board shall determine and when and where they shall direct.

The said board shall fix the compensation to be paid to said veterinary surgeon at a salary not to exceed the rate of one thousand five hundred dollars per annum and his actual and necessary traveling expenses in the performance of his duties.

Such compensation shall be paid by said board out of the fund hereinafter provided for and at such time as shall be specified in the contract therefor with said veterinary surgeon.

§ 186. It shall be the duty of said board to provide suitable books, in which they shall cause to be entered true and itemized accounts of all receipts and expenditures by them or under their direction, and specifying what for; also an entry therein of all cattle (if any) imported into the territory in violation of any of the provisions of this act, so far as the same shall come under their supervision or to their knowledge, and to this end said board shall require said veterinarian, or they may employ a secretary to perform such work, who shall act as its secretary and make the proper entries in said books and to write out its reports required as hereinafter provided. Said books and all entries therein shall constitute

a public record, and at all reasonable times shall be open for examination by any and all parties interested.

187. It is and shall be unlawful for any person, persons, company or corporation to drive, convey, transport or aid therein or to cause or procure to be driven, conveyed or transported into the Territory of New Mexico, during any time in each year between the fifth day of March and the first day of November, any cattle from any part of the State of Texas south and east of a line commencing at the northwest corner of the County of Wichita; thence running due south along the western line of Wichita and Archer counties to the northeastern corner of Throckmorton county; thence due west to the northwest corner of said county; thence due south to the southwest corner of Throckmorton county; thence due west to the northwest corner of Shackelford county; thence due south to the southwest corner of said county; thence due west to the northwest corner of Taylor county; thence along the north line of Nolan and Mitchell counties to the northwest corner of said Mitchell county; thence due south to the southwest corner of said Mitchell county; thence due west along the south line of the Counties of Howard, Martin and Andrews to a point where the southeast corner of the Territory of New Mexico and the southwest corner of Andrews county, in the State of Texas, meet; thence due west along the south boundary line of the Territory of New Mexico to a point where the monuments marking the boundaries between the State of Texas, the State of Chihuahua, in the Republic of Mexico, and the Territory of New Mexico, and erected by the United States boundary commission, stand and are in place at the date of the enactment of this law, and more particularly the Counties of El Paso, Presidio, Pecos, Tom Green, Crockett, Mitchell, Shackelford, Throckmorton, Archer and Wichita, in the State of Texas, and all counties east and south of the counties hereinbefore mentioned, and situated in the aforesaid State of Texas, and that part of the Republic of Mexico lying north and east of the Mexican Central railway to the twentysixth degree of latitude; thence east with said line to the Rio Grande.

This section is designated to operate only as a quarantine regulation against the introduction of Texas or splenic fever, and shall not be operative against any railroad company or corporation in transporting cattle from the aforesaid prohibited district, in the State of Texas and the Republic of Mexico, entirely through and beyond the limits of this territory by rail: Provided, That such cattle are not unloaded while in transit through the territory, except into secure quarantine stock yards, provided by such company or corporation, and used exclusively for that purpose: And provided, further, That during such transit through the territory, while such prohibition is in force, such cattle shall be so securely confined that none of them shall get loose either from the cars or any such quarantine stock yards and go upon the grounds outside thereof.

That so much of section one hundred and eighty-seven which applies as a quarantine regulation against the Counties

C. 106, L. 89. § 6: Feb. 28.

Counties, quarantine against.

Id. § 7.

As

Ch. 45. L. 97: March 17.

amended by of El Paso, Reeves and Jeff Davis, in the State of Texas, is hereby repealed, and said quarantine line shall be the south boundaries of said counties.

Governor issue proclamation of quarantine.

§ 188. Whenever it shall come to the knowledge of said board or of said veterinarian that any contagious or infectious disease, other than fever covered by this act, and the nature of which is known to be fatal to cattle, has become epidemic or exists in any locality or localities, in any state or territory beyond the limits of this territory, they or either of them shall immediately communicate the fact to the governor of the territory in writing, and thereupon or when the governor shall have otherwise good reason to believe that any such fatal disease other than Texas fever so exists or has become epidemic, the governor shall immediately issue and publish by a general proclamation, such rules and regulations as the board may adopt, specifying such localities, and thereby prohibit the importation therefrom into this territory of any cattle except under such restrictions and safeguards as the board may deem proper and shall specify for the protection of cattle in this territory. Any person, persons, company or corporation, who after the publication of such proclamation shall knowingly receive in charge any cattle, the importation of which into this territory shall have been so prohibited, or shall drive, transport or in any manner convey the same to and within the limits of this territory, or shall knowingly cause or procure the same to be driven, transported or conveyed into such territory, in violation of such proclamation. or shall violate any of the provisions of section one hundred and eighty-seven of this act, by driving, conveying or transporting or aiding therein, or causing or procuring to be driven, conveyed or transported into this territory any cattle which are thereby declared to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars nor more than five thousand dollars for each and every offense, and shall also become liable in a civil action for any and all damages and loss sustained by any person, persons, company or corporation C. 106, L. 89. § 8 by reason of such importation of such cattle.

Feb. 28.

Violation of quarantine: penalty.

§ 189. After the issuance and publication of any procla mation by the governor, as provided by this act, and while such proclamation shall continue in force, or while the prohibition against the importation of cattle from certain parts of Texas and Mexico, as specified in section one hundred and eighty-seven of this act, shall be in force, or either of them, it is and shall be lawful for any person, persons, company or corporation to drive or transport or cause to procure to be driven or transported into this territory any cattle that by any direct or circuitous route might have come from any place or district covered by such prohibitions, or either of them, without first having obtained a certificate of health from said veterinarian or a permit in writing from said board through any of its employes, under such rules and regula tions as such board shall prescribe and publish for the information of the public. Any person failing to comply with this provision after due notice, shall be deemed guilty of a misde

meanor, and upon conviction shall be fined not less than five hundred dollars nor more than five thousand dollars, and shall also be personally liable for all loss and damages sustained by any person or persons by reason of the introduction of any contagious or infectious disease from the cattle so unlawfully imported into this territory, and during the issuance of said proclamation and the enforcement of this law, all cattle desiring to enter the territory must submit to an inspection, nor shall they be permitted to enter the territory until a written or printed permit is issued by a member of the board, the veterinary surgeon, or an inspector appointed by said board. Any person may require the person in charge of the cattle to produce for his inspection the permit, and any person refusing to produce said permit at any time within a year from the time the cattle were driven in, shall be held to be guilty of the violation of this law and shall be subject to all the penalties provided by this section.

§ 190. To aid in the enforcement of the quarantine provisions of this act, for the sanitary protection of cattle in this territory and in ferreting out and detecting any violations thereof, it shall be the duty of said board, and they are hereby authorized to employ for that service, in addition to said veterinarian, as many other competent and discreet persons from time to time as emergencies may arise, as in their judgment they shall deem necessary for that purpose, and shall fix their compensation, which shall not exceed two dollars and fifty cents per day each while in actual service and in their actual and necessary expenses while in performance of their duties as may be agreed upon, and to direct them as to what duties they are to perform, as well as to when, where, and how such duties shall be performed. All such persons respectively so employed shall make true reports in writing to said board of their doings under such directions.

§ 191. Whenever said board, during the continuance in force of any prohibition against the importation into this territory of cattle under any of the provisions of this act, shall have good reasons to believe or suspect that any such cattle against the importation of which such prohibition then exists, have been or are about to be driven, conveyed or transported into this territory, in violation of any such prohibition, then existing and then in force, it shall be the duty of said board, either by its own members or through said veterinarian or through one or more of such persons then in their employ, as provided by this act, or through any or either of them, as circumstances shall seem to require, to thoroughly investigate the same, and to this end they may examine, under oath or affirmation, any person or persons in charge of such cattle or any person or persons cognizant of any facts or circumstances material to such investigation, as to any and all facts connected with the driving or transportation of such cattle, including the place or places from which said cattle or any of them have been driven or transported; the places or districts through which they or any of them have been driven or transported; the length of time, and where they or any of them have remained, fed or grazed at any designated place or dis

C, 106, L. 89. § 9: Feb. 28.

Board authorized to employ assistants

Id. § 10.

Duty of board: to examine under oath.