Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-02
SOME NEW LAWS,


An act relating to the serving Of writs
of attachment, replcvin or execution on
| live stock.
Section 1.--Hereafter whenever it shall
be necessary to levy any writ Of attach
ment, repleVin or execution under the
laws of this territory upon any stock or
herd of cattle that are ranging at large
with other live stock or cattle over any
range country, and when it would be i'm
possible Or impracticable to round up,
gather or take possession of the same
under such process without at the same
time rounding up and cutting out the live
stock belonging to other owners, then
and in such case, the sheriff or other
officer holding such writ, shall only take
possession of such stock as he may be
able to get without interfering with the
live stock Of other owners, and as to the
balance, it shall be sufficient in order to
subject them to the lien of said writ, that
the officer shall file with the clerk Of the
probate court of the county in which the
brand of such live stock is recorded, a
certified copy of said writ, and Immediately
upon the filing thereof the clerk of the count
shall note the same in the reception book
of his office, and shall also note the same
IN red ink on the margin of the page OF
the book where such brand is recorded,
and shall properly index the process in
the general AMI other proper indices Of
his office provided, that if said live stock
range is in more than one county, then
the officer may file like certified copy OF
the writ and brand IN any such county,
and the same shall have like binding
effect as lien upon such live stock.
Sec. 2.-Such process, when so filed,
noted and indexed, shall have all the
binding force as lien upon said live
stock, as if the same had been levied
against live stock upon the range and the
officer had taken possession of the same.
Upon the next round up after such levy
and at all times after such levy until such
writ is satisfied, all persons coming into
possession of any such live stock shall
treat said officer as the owner thereof.
Sec. 3.-After the fling, noting and in
dexing of such process in the office OF the
probate clerk as aforesaid, if any person
or persons, including the defendant or de-
PENDANTS in such process, shall sell, drive
away, dispose Of, kill or butcher any of
said live stock so levied upon or shall at
tempt to sell, drive away, dispose of or
kill or butcher any Of said live stock, or
shall gather or round up any of said stock
with intent in any way to defeat the levy
of said writ, he or they shall be deemed
guilty of grand larceny, and on conviction
thereof shall be subject to fine OF not
less than 5000 nor more than 81 900, or to
imprisonment for not less than one year
nor more than two years, in the discretion
of the jury trying the case.
Sec Amy live stock taken under
any process as provided in he foregoing
sections shall be disposed of by the sheriff
or officer as now provided by Jaw; pro-
vided, that in the case of levy of writ
of execution under this act, the officer
shall forthwith proceed to sell any live
stock so levied upon, as now provided by
law, in lots from time 10 time as he may
come into possession OF the same until
the wrir is satisfied. And upon such
writ being satisfied he shall at once enter
satisfaction thereof, in all cases, upon the
margin of the record aforesaid wher such
bran is recorded, and shall indorse such
satisfaction upon all process is filed as
aforesaid.
Sec. 5.-All acts or parts OF acts in con-
fict herewith are hereby repealed, and
this act shall be in force and take effect
from and after its passage.
Law by limitation February IA, 1889.