using the same until the rates, tolls and charges are paid or tendered; and any such persons using or attempting to use the same until the rates, tolls and charges are so paid or tendered shall be deemed guilty of a misdemeanor, and on conviction thereof before any justice of the peace having jurisdiction shall be fined in any sum, for each offense, not less than five dollars, nor more than ten dollars, said fine to go to the public school fund of the county. C. 44, L. 91. § 3: Feb. 21. When owners of road, bridge or fer § 1868. That the corporation and the individual owners of any such wagon road, bridge or ferry shall be liable in dam- ry liable in damages. ages to any person so using the same, for any injuries to person or property caused by the neglect, fault or omission to keep said road, bridge or ferry in good and safe condition, which damages may be recovered by law by any court having jurisdiction of the amount in controversy. IQ. § 1. § 1869. There is hereby established a territorial board of commissioners, which shall be known as the Bureau of Immigration. SECTION. 1872 1873 1874 Designation. L. 1880, chap. 23, § 1: Feb. 13. Members; number and term. § 1870. Said bureau shall consist of five members, one from each judicial district of New Mexico, who shall be appointed by the governor and confirmed by the territorial council, not more than three members of any one political party, and hold office for two years and until their successors are appointed and qualified. In case of any vacancy occurring among such commissioners, from death, resignation or otherwise, it shall be filled by appointment by the governor, for the unexpired term. The members shall serve without compensation, though they may be reimbursed for actual expenses Feb. 13. incurred in attending meetings of the board. C. 9, L. 97. § 1: Duties. § 1871. The duties of such commissioners shall be to prepare and disseminate accurate information as to the soil, climate, minerals, resources, productions and business of New Mexico, with special reference to its opportunities for development, and the inducements and advatages which it presents to desirable immigration and for the investment of capital. They shall have prompt replies sent to all inquiries relative to the above subjects that may be addressed to them, and shall publish and distribute such pamphlets and documents as, in their opinion, shall tend to promote the objects of their organ- Feb. 13. ization. C. 23. L. 1880. § 3: C. 9. L. 97, § 1: Feb. 13. mittees. 1872. Said board shall elect from its members such of ficers and committees as may, in its judgment, be desirable Officers and com- for its efficient action, and shall select a secretary who shall be a salaried officer, not a member of the board, and hold office for the term of two years and until his successor is elected and qualified. The secretary shall keep his office for the transaction of business at the place designated by the board, and shall receive a salary of seventy-five ($75.00) dollars per month. His office and other actual and necessary expenses shall be audited, allowed and paid by the authorized officer, officers or members of said board. The board may establish auxiliary offices in any of the towns or cities of the territory for the better dissemination of information, in connection with the boards of trades or similar organizations in said towns and cities, but with the exception of the office of the secretary, no expenses of the offices, so established, shall be paid by the bureau of immigration, or allowed against the territory. 1873. Said board shall meet at the office of the secretary on the second Monday of April of each year, and at such other times and places as it may, by by-law or resolution, prescribe. Meetings: time of. Id. § 1. Appropriation: purposes. C. 23, L. 1880. § 6: Feb. 13. 1874. Said board is likewise authorized to accept any contributions which may be received from any source other than the territory, for the furtherance of its work, and to apply them to the carrying out of the objects hereinbefore stated. Pueblos incorpor ated: powers. 1875. The inhabitants within the Territory of New Mexico, known by the name of the Pueblo Indians, and living in towns or villages built on lands granted to such Indians by the laws of Spain and Mexico, and conceding to such inhabitants certain lands and privileges, to be used for the common benefit, are severally hereby created and constituted bodies C. L. 1885. chap. 66, politic and corporate, and shall be known in the law by the name of the Pueblo de(naming it) and by that name they $1; Dec. 1847. Tr. and their successors, shall have perpetual succession, sue and be sued, plead and be impleaded, bring and defend in any court of law or equity, all such actions, pleas and matters whatsoever, proper to recover, protect, reclaim, demand or assert the right of such inhabitants, or any individual thereof, to any lands, tenements or hereditaments, possessed, occupied or claimed contrary to law, by any person whatsoever, and to bring and defend all such actions, and to resist any encroachment, claim or trespass made upon such lands, tenements or hereditaments, belonging to said inhabitants, or to any individual. U. S. vs. Santistevan, Vol. 1. page 583, N. M. Rep. Indians subject to work upon ace ways. § 1876. The different communities or pueblos of Indians residing within our settlements, shall be subject to render quias and hightheir services in working the acequias and highways in which they have the common use of the water of said acequias with the immediate citizens to their pueblos, and enjoy at the same time the benefit and commercial traffic: Provided, That in such service they shall be entirely subject to the laws now § 3: Jan. 21, 1861. Tr. in force on both branches of roads and acequias. C. L. 1865, chap. 66. Purchases from Indians: how regu § 1877. When any person by virtue of any license granted according to the law regulating the trade with Indians, given lated. by the superintendent, any agent, or sub-agent of the Indians, that shall trade for or purchase any property from the Indians which may be known and proved legally to belong to any citizen of this territory, any such person shall be obliged to deliver the property, receiving of the claimant a compensation that shall not exceed -, nor be less than ten per cent. of the $9; Jan. 14, 1853. Tr. value of the thing claimed. § 1878. The person who claims such property shall prove with sufficient certainty that the said chattel or property was not by his consent disposed of, and the manner in which it was lost out of his possession; it being understood that the right of reclaiming shall be perpetual. 1879. The mode of assessing the value of the property of or chattel, shall be two disinterested persons under oath, who shall fix the value of the property, and the compensation that shall be paid for it: Provided, That the claimant shall pay the costs of the assessors. § 1880. A claim of this kind may be brought before any vi justice of the peace of the county in which said property is claimed, or in which it may be found: Provided, That the value of the property does not exceed one hundred dollars which shall be established by the oath of the plaintiff, who shall at the time he commences the suit, declare what he considers the property worth: Provided, That when it exceeds one hundred dollars in value the action shall be brought in the district court of the county. C. L. 1865, chap. 66. Proof required. Id. § 10. Assessment: mode Id. § 11. Jurisdiction; pro Id. § 12. Compensation: § 1881. If the person, who barters or trades for such prop right to. erty, shall not give full and clear proof that the property was C. L. 1865. C. 68. § 13; purchased of the Indians, and under a legal license, he shall have no right to claim any compensation whatever. Jan. 21, 1861. Tr. § 1882. 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. § 1883. Whenever any mule or horse, the property of, or in the possession of any Indian 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. § 1884. 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. $ 1885. 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. § 1886. If, within ten days from the rendition of the judgment, any Indian of the tribe to whom the horse or mule appertains, 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. § 1887. 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. § 1888. 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. § 1889. Whenever any horse or mule, the property of any savage Indian, shall be found injuring the property of any citizen of the 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 C. L. 1865. C. 6. § 22: Jan. 13, 1860. as to the agent or sub-agent does not have said damage paid, then the justice of the peace, where the complaint is made, shall Taos Co.: Jan. 21, proceed as provided in this act. 1861. general. Tr. Act of Jan. 13. 1860. made general. § 1890. Sections one thousand eight hundred and eightytwo to one thousand eight hundred and eighty-nine are declared as embracing and to be applicable in all their 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 $2: Jan. 21, 1861. Tr. all classes of animals. C. L. 1865, chap. 66, Presents to be distributed ten miles C. L. 1865, chap. 66. § 1891. All Indian agents or sub-agents are hereby required that whenever they shall have to make any distribu- from settlements. tion of presents to any savage Indian tribe, they shall do so at a distance of at least ten miles from the settlements, because by this means disturbances and disorders between the Indians and the citizens will be prevented in the towns in which the most of said agents do now make such distributions. § 45: Jan. 31. 1861. Tr. § 1892. Whenever any of the wild Indians shall commit any injury to the fields of the citizens of this territory, the demand for pay therefor shall be made to the proper agent or sub-agent, who, after due examination of the case, is authorized to pay a just compensation therefor out of the articles he shall have for distribution among said Indians. Agents: demands to be made upon. Id. § 46. Liability under criminal and Civil L. 1865. chap. 21. § § 1893. If any Indian or Indians belonging to any tribe whatever, shall commit any kind of a crime, offense or mis- law. demeanor against the laws of this territory, he or they shall come within and be liable under the criminal and civil law of this territory: Provided, The said Indian or Indians commit the said crime, offense or misdemeanor beyond the limits 1: Feb. 1. Tr. of a reservation. § 1894. Should any Indian or Indians be sentenced by ned. any court of justice, or other competent authority of this territory, to suffer a penalty for the commission of an offense as above specified in the preceding section of this act, it shall be the duty of such court or competent authority to notify the agent of such tribe of Indians of the fact as soon as praticable. Agent to be noti Id. § 2. Crimes committed by Indians subject as other persons. § 1895. That immediately upon and after the date of the passage of this act, all Indians, committing against the per- to same punishment son or property of another Indian, or other person, any of the following crimes, namely: Murder, manslaughter, rape, assault with intent to kill, arson, burglary and larceny, within the Territory of New Mexico, and, either within or without an Indian reservation, shall be subject therefor to the laws of this territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner, and shall be subject to the same penalties as are all persons charged with the commission of said crimes, respectively, and the said courts are hereby given jurisdiction in all such cases. C. 140. L 89, § 1; Feb. 28. |