Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-05-18
FIREARMS AND SHERIFFS.
Penalty for Carrying the Former-Two
Consecutive Terms for the Latter.

One OF the new laws enacted by the
late legislative assembly reads as follows
Section /. That section (fve) of said
act be and the same is hereby amended
to read as follows.
Sec. 5. Any person being armed
with deadly weapon who shall by words
or in any other manner insult or assault
another without sufficient provocatIon
upon conviction thereof shall be punished
bv fine of not less than 500 or more
than $500, or by Imprisonment at hard
labor in the county Jail or territorial pen
itentiary, for not less than three months
nor more than one year, or by both such
fine and imprisonment, in the discretion
of the court or jury trying the same.
Sec. 2. That section 7 (sever) of said
act be aud the same is hereby repealed
in oil its parts and provisions.
Sec. So That section 10 (ton) of said
act be and the same is hereby amended
to read as follows, viz:
Sec. 10. Sheriffs and constables of the
various counties and marshals and police
of the cities and towns in this territory
and their lawfully appointed deputies,
may carry weapons when in actual charge
or pursuit of or search of person charged
with any offense against the laws of this
territory, in the legal discharge of the
duties of their respective offices, or when
such carrying may be necessary for the
public safety, but not otherwise, and it
shall be for the court or jury to decide
whether such carrying of weapons was
necessary or not; and for an improper
carrying or using of deadly weapons by
an officer he shall be punished as other
persons are punished for the violation of
any of the provisions of the preceding
sections of this act.
Sec. 4. Hereafter in all counties not
having more than fifteen precincts the
sheriff shall only be allowed to appoint
and keep five deputies, and in counties
having more than fifteen precints the
sheriff shall be authorized to appoint one
additional deputy for each additional four
precincts over and above fifteen, said ad-
ditional deputy to be only appointed on
the consent of the district judge given
therefor but all sheriffs shall at all times
he considered as in the discharge of their
duties and be allowed to carry on their
persons arms not concealed. On the ap-
pointment of any deputy sheriff it shall
be the duty of the sheriff to file a notice
of such appointment in the office of the
clerk of the probate court of his county;
also, in the Office OF the clerk of the dis
trict court, and each OF such deputies
shall also file his oath of office with the
clerk of the probate court Any sheriff
is hereby authorized at any time, without
consent of the district court, to appoint
any competent, respectable and orderly
person a special deputy to serve any par
ticuar process, writ or order, and it shall
not be necessary to file or give notice of
such special appointment, and the person
so appointed shall only be authorized to
serve the process, writ or order which he
shall be specially appointed to serve.
Sec. 5. Hereafter no sheriff shall be
qualified or authorized to be elected or
hold the office as his own successor more
than once, and this disqualification shall
apply to all sheriffs now in office, and
where they may have succeeded them
selves in office heretofore they shall not
be authorized to do so hereafter until
after the expiration of one full term there
after.
Sec. 6. All acts and parts of acts in
conflict herewith are hereby repealed, and
this act shall take effect and be in full
force from and after the 1st day of April,
1891.
Approved February 26, 1891.