of appraisement: Provided, That no animal or animals shall be slaughtered except those affected with contagious pleuro-pneumonia of cattle, or foot and mouth disease, or such as have been exposed thereto.

SEC. 7. When the commission shall have determined the quarantine and other necessary regulations necessary to prevent the spread among domestic animals of any malignant, contagious, or infectious disease found to exist among the live stock of the Territory, and given its order as herein before provided, prescribing quarantine and other regulations, it shall notify the governor thereof, who shall issue his proclamation, proclaiming the boundary of such quarantine, and the orders, rules, and regulations prescribed by the commission, which proclamation may be published by written or printed hand-bills, posted within the boundaries or on the lines of the district, premises, places, or grounds so quarantined, or by being published in the official paper of the Territory: Provided, That if the commission decide that it is not necessary, by reason of the limited extent of the district in which such disease exists, that a proclamation should be issued, then none shall be issued; but the com mission shall give notice as may to it seem best to make the quarantine established effective.

SEC. 8. The commission provided for in this act shall have the power to employ such persons, and purchase such supplies and material as may be necessary to carry into full effect all orders by it given, as hereinbefore provided: Provided, That no laborer shall be employed, nor material or supplies purchased by the commission, except such additional labor, material, and supplies as may be necessary to carry into effect the quarantine and other regulations prescribed by the commission.

SEC. 9. When any animal or animals are killed under the provisions of this act by order of the commission, the owner thereof shall be paid therefor the appraised value fixed by the appraisement hereinbefore provided for: Provided, The right of indemnity on account of any animals killed by order of the commission under the provisions of this act shall not extend to the owners of animals which have been brought into the Territory in a diseased condition, or from any State, country, Territory, or district in which the disease with which the animal is infected, or to which it has been exposed, exists; nor shall any animal be paid for by the Territory which may be brought into the Territory in violation of any law or quarantine regulation thereof, or the owner of which shall have violated any of the provisions of this act, or disregarded any rule, regulation, or order of the live-stock sanitary commission or any member thereof; nor shall any animal be paid for by the Territory which came into the possession of the claimant with the claimant's knowledge that such animal was diseased, or was suspected of being diseased, or of having been exposed to any contagious or infectious disease; nor shall any animal belonging to the United States be paid for by the Territory.

SEC. 10. It shall be the duty of any owner or person in charge of any domestic animal or animals who discovers, suspects, or has reason to believe, that any of his domestic animals or domestic animals in his charge are affected with any contagious or infectious disease, to immediately notify such fact, belief or suspicion to the commission, or any member of it, and to the sheriff and county clerk of the county in which such domestic animal is found; and it shall be the duty of any person who discovers the existence of any contagious or infectious disease among the domestic animals of another to report the same to the sheriff and county clerk of the county in which such domestic animal is found.

SEC. 11. Any person who shall knowingly bring into this Territory any domestic animal which is affected with any contagious or infectious disease, or any animal which has been exposed to any contagious or infectious disease, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five hundred dollars or more than five thousand dollars.

SEC. 12. Any person who owns or is in possession of live stock which is, or which is suspected, reported to be affected with any infectious or contagious disease, who shall refuse to allow the Territorial veterinarian or other authorized officer or officers to examine such stock, or shall hinder or obstruct the Territorial veterinarian or other authorized officer or officers in any examination of, or in any attempt to examine such stock, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars or more than five hundred dollars.

SEC. 13. Any person who shall have in his possession any domestic animal affected with any contagious or infectious disease, knowing such animal to be affected, or after having received notice that such animal is so affected, or who shall sell, ship, drive, trade or give away such diseased animal or animals which have been exposed to such infection or contagion, or who shall move or drive any domestic animal in violation of any direction, rule, regulation, or order establishing and regulating quarantine, shall be deemed guilty of a misdemeanor, and upon conviction thereof

S. Mis. 156-20

shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars for each of such diseased or exposed domestic animals which he shall sell, ship, drive, trade, or give away in violation of the provisions of this act. Provided, That any owner of any domestic animal which has been affected with or exposed to any contagious or infectious disease may dispose of the same after having obtained from the Territorial veterinarian a bill of health of such animal.

SEC. 14. When any live stock shall be appraised and killed by order of the commission, it shall issue to the owner of the live stock so killed a certificate, showing the number and kind of animals killed, and the amount to which the holder is entitled, and report the same to the auditor of the Territory and upon presentation of such certificate to the auditor, he shall draw his warrant on the treasurer for the amount therein stated, payable out of the live-stock sanitary fund and no other, as hereinafter provided for.

SEC. 15. The members of the commission appointed by the governor as hereinbefore provided shall receive three dollars per day for the time by them necessarily employed in discharging the duties required by this act, and each member of the commission hereinbefore provided for shall receive fifteen (15) cents for each and every mile actually travelled, which said per diem and expenses shall be drawn from the treasury out of the live-stock sanitary fund and no other, as hereinafter provided for, on the warrant of the auditor, to be issued on the filing in his office of an itemized account thereof properly verified.

SEC. 16. Whenever the governor of the Territory shall have reason to believe that any dangerous, contagious, or infectious disease has become epidemic in certain localities in other States, Territories, or countries, or that there are conditions which render such domestic animals from such infected districts liable to convey such disease, he shall, by proclamation, prohibit the importation of any live stock of the kind diseased into the Territory, unless accompanied by a certificate of health, given by a duly authorized veterinary inspector, and all such animals arriving in this Territory shall be examined without delay by the Territorial veterinary surgeon, and if deemed necessary placed in close quarantine until all danger of infection is passed, when they shall be released by order of the veterinary surgeon or the livestock commission.,

SEC. 17. The commissioners shall have the power to call upon any sheriff, under sheriff, deputy sheriff, or constable to execute their orders, and such officers shall obey the orders of the said commissioners; and the officers performing such duties shall receive compensation therefor, as is prescribed by law for like services, to be paid as other expenses of said commission, as hereinbefore provided; and any officer may arrest on view, and take before any magistrate of the county, any person found violating the provisions of this act, and such officer shall immediately notify the county attorney of such arrest, and he shall prosecute the person so offending according to law.

SEC. 18. Except as otherwise provided in this act, any person who shall violate, disregard, or evade, or attempt to violate, disregard, or evade any of the provisions of this act, or who shall violate, disregard, or evade, or atttempt to violate, disregard, or evade any of the rules, regulations, orders, or directions of the live-stock sanitary commission establishing and governing quarantine, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than five thousand dollars.

SEC. 19. It shall be unlawful for any person or corporation to drive or transport, or cause to be driven or transported into the Territory of Arizona, any cattle from those States, Territories, or countries against which the governor has proclaimed a quarantine as hereinbefore provided for in section 16 of this act: Provided, That cattle in transit through the Territory on the railroads are not liable to any penalties attached to said act.

SEC. 20. The provisions of this act shall not apply to sheep and hogs, or to cattle when affected by the disease known as Texas, splenic, or Spanish fever.

SEC. 21. For the purposes of this act each member of the live-stock sanitary commission is hereby authorized and empowered to administer oaths and affirmations. SEC 22. Any moneys collected as fines under the provisions of this act shall be paid into the Territorial treasury and be set apart and be known as the live-stock sanitary fund, and all expenses of said sanitary commission shall be paid out of said fund, and from no other.

SEC. 23. An act to prevent the introduction of diseased cattle into the Territory of Arizona, approved March 2, 1885, is hereby repealed, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 24. This act shall take effect and be in force from and after its passage. Approved, March 10, 1887.

AN ACT for the protection of cattle against Texas, splenic, or Spanish fever. SECTION 1. Be it enacted by the legislative assembly of the Territory of Arizona: No person or persons shall, between the first day of April and the first day of December of any year, drive or cause to be driven into or through any county or part thereof in this Territory, or turn loose or cause to be turned upon or kept upon any highway, range, common, or inclosed pasture within this Territory any cattle capable of communicating or liable to impart what is known as Texas, splenic, or Span

ish fever.

Any person violating any provision of this act shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall for each offence be fined not less than one hundred dollars and not more than two thousand dollars, or be imprisoned in the county jail not less than thirty days and not more than one year, or by both such fine and imprisonment.

SEC. 2. No officer, agent, employé, servant, or other person connected with or employed in the business or operation of any railway, common carrier, or other transportation corporation, company, or association shall ship or cause or permit to be shipped, or transport or cause or permit to be transported by means of the transportation afforded by such common carrier, railway, or other transportation corporation, company, or association, or deliver to any consignee or other person, between the first day of April and the first day of December of any year, within this Territory, any cattle capable of communicating or liable to impart what is known as Texas, splenic, or Spanish fever.

Any officer, agent, employé, servant, or other person connected with or employed in the business or operation of any railway, common carrier, or other transportation corporation, company, or association violating any provision of this act shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall, for each offence, be fined not less than one hundred dollars or more than two thousand dollars, or be imprisoned in the county jail not less than thirty days and not more than one year, or by both such fine and imprisonment: Provided, That cattle in transit through this Territory on any railroad are not liable to the penalties attached to this act.

SEC. 3. It shall be the duty of any sheriff, under sheriff, deputy sheriff, or constable within this Territory, upon a complaint made to him by any citizen of the Territory, or otherwise having notice or knowledge that there are within the county where such officer resides cattle believed to be capable of communicating or liable to impart the disease known as Texas, splenic, or Spanish fever, to forthwith take charge of and retain such cattle under such temporary quarantine regulations as will prevent the communication of such disease, and make immediate report thereof to the live-stock sanitary commission; and such officer shall keep said cattle in custody as aforesaid until released by order of said live-stock sanitary commission; and no officer who shall take or detain any cattle under the provisions of this act shall be liable to the owner or owners of such cattle for any damages by reason of such taking or detention, or by reason of the performances of any other duty enjoined in this act.

SEC. 4. Whenever the live-stock sanitary commission shall determine that certain cattle within the Territory are capable of communicating or are liable to impart Texas, splenic, or Spanish fever, they shall issue an order to the sheriff or any constable of the county in which said cattle are found, commanding him to take and keep such cattle in his custody, subject to such quarantine regulations as they may prescribe, until the first day of December next ensuing, on which date they shall direct such officer to deliver said cattle to their owner or owners or his or their agent: Provided, however, That before any cattle so held shall be delivered as aforesaid, there shall be paid to said live-stock commission all the costs and expenses of taking, detaining, and holding said cattle; and in case such costs and expenses are not paid within ten days after the first day of December, the said officer shall advertise, in the same manner as is by law provided in cases of sales of personal property, that he will sell such cattle, or such portions thereof as may be necessary to pay such costs and expenses, besides the expenses of the sale; and at the time and place so advertised he shall proceed to sell as many of said cattle as shall be necessary to pay off the costs and expenses and the expenses of the sale, and forthwith shall pay over to the owner of such cattle or his legal representative any amount so received in excess of the legal fees and expenses of such officer.

Any officer performing any of the duties enjoined in this section or in the next preceding section of this act shall receive the same compensation therefor as is prescribed by law for similar services, to be paid as other expenses of said live-stock sanitary commission are paid by law.

SEC. 5. Any person or persons, as is specified in section one of this act, or any officer, agent, employé. servant, or other person, as is specified in section two of

this act, violating any of the provisions of this act, shall be liable to any party injured through such violation for any damages that may thereby arise from the communication of Texas, splenic, or Spanish fever, to be recovered in a civil action; and the party so injured shall have a lien for such damages on the cattle so communicating the disease, such lien to be enforced in like manner as other liens may be enforced.

SEC. 6. In the trial of any person charged with the violation of any of the provisions of this act, and in the trial of any civil action brought to recover damages for the communication of Texas, splenic or Spanish fever, proof that the cattle which such person is charged with driving or keeping in violation of the law, or which are claimed to have communicated the said disease, were brought into this Territory between the first day of April and the first day of December of each year in which the offense was committed or such cause of action arose, from south of the thirty-seventh parallel of north latitude, shall be taken as prima facie evidence that such cattle were capable of communicating and liable to impart Texas, splenic or Spanish fever, within the meaning of this act, and that the owner or persons or person in charge of such cattle, had full knowledge and notice thereof at the time of the commission of the alleged offense: Provided, however, That if the owner or owners or person in charge of such cattle shall show by such certificate or certificates as shall hereafter be designated by the live-stock sanitary commission of this Territory that the said cattle have been kept since the first day of December of the previous year west of the east line of the Indian Territory and north of the thirtysixth parallel of north latitude, or west of the twenty-first meridian of longitude west from Washington, and north of the thirty-fourth parallel of north latitude, the provisions of this section shall not apply thereto: Provided further, That the provisions of this section shall not apply to any cattle shipped or driven from Sonora, Mexico.

SEC. 7. Whenever two or more persons shall, in violation of this act, at the same time or at different times during the same year drive or cause to be driven upon the same highway, range, common, or pasture, within this Territory any cattle capable of communicating or liable to impart Texas, splenic or Spanish fever, they shall be jointly and severally liable for all damages that may arise from the communication of such disease at any time thereafter during the same year to any native, domestic, or acclimated cattle that shall have been upon the same highway, range, common, or pasture so previously traveled over by such mentioned cattle.

SEC. 8. Justices of the peace within their respective counties shall have criminal jurisdiction in all cases under the provisions of this act.

SEC. 9. It shall be the duty of the prosecuting attorney of the proper county to prosecute, on behalf of the Territory, all criminal cases arising under this act. SEC. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 11. This act shall take effect from and after its passage.
Approved March 10, 1887.

AN ACT to prevent the prevalance of diseases among sheep.

SECTION 1. Be it enacted by the legislative Assembly of the Territory of Arizona: Within thirty days after the passage of this act the governor of this Territory shall appoint an inspector of sheep in and for each of the counties of this Territory. Such inspector of sheep shall hold such office till the first day of January, 1889, and until his successor is duly appointed and qualified. On the first day of January, 1889, and every two years thereafter, the governor shall appoint such inspector of sheep, who shall hold such office until his successor is duly appointed and qualified. Each inspector of sheep shall be a resident of the county for which he is appointed, and shall be the owner of at least five hundred head of sheep, and shall be a practical sheep man. Before entering upon the discharge of his duties he shall execute a bond, payable to the Territory of Arizona, in the sum of $1,000, with at least two good and sufficient sureties, to be approved by the board of supervisors, conditioned for the faithful discharge of the duties of his office. Each inspector may appoint one or more deputies, for whose official acts he shall be responsible. It shall be the duty of such inspector, at any time, upon the affidavit of any citizen of his county having or owning any sheep, that sheep owned by or in charge of any other person are affected with scab, scabies, or any other contagious or infectious disease, and that such owner or other person has been notified of the fact and fails to take proper steps to cure such diseased sheep, it shall be the duty of the inspector, without delay, to examine such sheep, and if he shall find such sheep to be infected with such disease, he shall take such sheep into his possession at once, and cure them or cause them to be cured. He may call to his assistance such aid as may be necessary for

that purpose, and the owner or owners of such diseased sheep shall be liable to said inspector for all necessary expenses, costs, and charges incurred in curing the sheep, including a compensation of three dollars a day to such inspector for every day or part of a day in which he shall be necessarily employed, and fifteen cents per mile for each and every mile traveled to and from such place: Provided, That if such complaint shall be false the party complaining shall be liable to said inspector for said mileage and per diem, such sum to be recovered in any court of competent jurisdiction.

SEC. 2. Any person, company, or corporation bringing or causing to be brought into any county of this Territory any sheep or band of sheep, must first procure from some inspector appointed under this act a certificate that such sheep or band of sheep are sound and free from scab, scabies, and all other contagious or infectious diseases before entering said county, and any person, company, or corporation desiring to move his or their sheep from one county to another, shall procure from the inspector in the county in which he or they leave or enter a certificate of inspec-. tion or traveling permit, duly signed, that such sheep are free from said diseases. Any person violating the provisions of this section, upon conviction, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.

SEC. 3. Whenever, on examination of any herds or bands of sheep within any county in this Territory, said inspector shall find such sheep or any portion of them affected by any of said diseases, he shall forthwith take all and every necessary measure and precaution to prevent such diseased sheep from going or being within four miles of any other herd or band of sheep, and shall so notify the owner or owners of such diseased sheep. The owner or owners of such diseased sheep shall immediately proceed to treat such sheep for the cure of such disease, under the supervision of said inspector, and any person who shall refuse or neglect to immediately observe the directions of such inspector, as hereinbefore provided, shall be punished, on conviction, by a fine of not less than one hundred and not more than two hundred and fifty dollars.

SEC. 4. In case the owner or owners of such diseased sheep shall fail or refuse, for the period of thirty days, to treat such sheep under the supervision of said inspector, as is provided in section three of this act, or shall fail or refuse to keep such diseased sheep at a distance of at least four miles from all other herds or bands of sheep, then, and in that event, such inspector shall seize such diseased sheep, and shall proceed to keep them at no less a distance than four miles of all other herds or bands of sheep, and to treat them for such disease, and the cost of such seizure, keeping, and treatment, and the fees and mileage of said inspector, as provided in section one of this act, shall be a charge on the sheep so seized, and such inspector shall hold such sheep till such amount be paid. If such sum be not paid within ten days after the completion of such treatment said inspector may recover the same from the owner or owners of such sheep by an action in any court of competent jurisdiction: Provided, That no person or company shall be required to dip or treat a band of ewes, or any part of them, in which there are ewes with lamb, at any time from the 15th day of March to the 1st day of June in any year.

SEC. 5. The fees of inspectors of sheep shall be as follows: For inspecting, granting certificates and traveling permit, $3 each, and fifteen cents per mile for every mile necessarily traveled in making such inspection.

SEC. 6. Any person, company, or corporation violating any of the provisions of this act shall be liable in a civil action for all damages sustained by any person, company, or corporation in consequence of such violation.

SEC. 7. It shall be the duty of said inspector and his deputies to institute prosecutions for all violations of this act; but nothing herein contained shall prevent other persons from so doing.

SEC. 8. Upon the arrival of any herd or band of sheep in this Territory the owner or person in charge shall immediately report such sheep to the inspector of the county where such sheep may be for inspection. Upon a failure so to do, upon conviction, such owner or person in charge of such sheep shall be punished by a fine of not less than one hundred dollars and not more than two hundred and fifty dollars.

SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 10. This act shall take effect and be in force from and after the first day of October, 1887.

Approved March 10, 1887.