Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1901-03-12
DUTIES OF SHERlFFS.
An Act Prescribing their Duties in
Regard to Liquor and Gam
ing Licenses.
FULL TEXT or LAW,
COUNCIL BILL NO. 40.

BILL NJ. w.
An act prescribing the duties OF the
sherifYs OF the various counties In re-
gard TO liquor and gaming licenses.
Belt enacted by the Legislative assem-
bly, OF the territory OF New Mexico:
Section 1. Each sheriff In this terri
tory, either personally or by deputy,
shall at least once during every three
months visit and inspect every gaming
house, saloon, or place where gaming Is
carried On Or gaming tables or appara-
tus Of any kind whatever are kept or
gaming Is permitted, or where whole
sale or retail liquor business is carried
on, or spirituous, malt or vinous liquors
are sold at wholesale or retail, In his
county, and ascertain whether or not
licenses therefor la accordance with
law have been issued and posted.
Sec. 9. AT the close OF each quarter,
such sheriff shall report TO the board Of
county commissioners his acts and do
ings, and those Of his deputies here
under: Provided, that when the exami-
nation and inspection mentioned In
section one ~ hereof Is performed by
deputy, report thereof shall be made
under oath OF such deputy; and when
made by the sheriff personally, such re-
port shall be under his oath, said report
to specify the number, locations and
proprietors Of such gaming houses, sa-
looms, and places where gaming Is car
ried on or gaming tables or apparatus
of any kind whatever Is kept or gam
ing Is permitted, and where wholesale
or retail liquor business Is carried on,
or spurious, malt or vinous liquors are
sold at wholesale or retail.
Sec. 8. Immediately upon the discov-
cry by such sheriff or deputy Of any
violation Of or failure TO comply with
sections 1906, 1906, 4l28 or Also Of the
compiled laws OF 1897, said officer shall
close up the gaming house, saloon,
place or building wherein the same has
occurred, and shall prevent any further
gaming or wholesale or retail liquor
business being done or carried on
therein; shall take q list Of all persons
present and summon them as witnesses
to appear Immediately before the near
est justice OF the peace or before the
Judge Of the district court sitting as a
committing magistrate; shall arrest the
offender or offenders and present them
before such Judge or justice OF the
peace forthwith, and shall lodge against
him or them an information In the
premises.
Sec. 4. Such information shall be
heard and determined with all owen
lent speed by such judge or justice OF
the peace, and the accused dealt with
according TO law; and upon the filing
OF such information by such sheriff or
deputy, any and all licenses that may
be held by such accused for the keeping
OF gaming tables or apparatus, or as
| Wholesale or retail liquor dealers, shall
at once cease and expire.
Sec. 8. All sheriffs are hereby re-
| quired 10 furnish an additional bond In
the sum Of five thousand dollars, condi.
toned upon the faithful compliance
with the provisions Of this act. Such
bond shall be made and filed as now
provided by law for bonds OF county
officers, and shall be approved by the
Judge Of the district court Of the Judi.
cial district wherein the bond Is made.
Sec. q. The sheriffs OF the several
counties shall hereafter be the collect
ors OF all liquor and gaming licenses,
and shall be entitled to retain out o.
the proceeds Of such licenses 50 col
lected, as compensation for their serv'
ices, q commission OF four per cent
Such licenses shall be made and issued
as now provided by law, and delivered
to the sheriff for collection, who shall
receipt for same and Immediately pro
coed to enforce collection thereon. II
shall be the duty Of the sheriff I o turr
over all money or moneys so collected
on Or before the tenth day OF each
month for collections made during the
preceding %lprecedingl month TO the
county treasurer, who shall immedi.
ately distribute the same, two-thirds Il
thereof to the credit of the school dis.
trict wherein such license was paid,
and one-third (t) thereof TO the credit
OF the general school fund OF the county,
and shall issue receipts for'such money
or moneys so received in triplicate, the
original receipt TO be delivered TO the
sheriff turning owe the money, the du'
plicate receipt to be filed with the
county clerk, and the triplicate receipt
shall be retained In the Office OF the
county treasurer. The said sheriffs
are further required TO file an itemized
monthly report of all collections made
under the provisions Of this act; said
report shall set forth the amount re,
ceived Or collected, the names Of the
person or persons from whom collected
the amount Of commission retained
shall be made and filed on or before the
tenth day Of each month, and shall bs
made In triplicate, the original report
10 be filed with the county treasurer
the duplicate report to be filed with tn,
county clerk, and the triplicate repOr'
shall be retained in the office Of tn,
sheriff.
Sec. I. That all applications for II
cense shall be made as now required b,
section 4l56 compiled laws 1897.
Sec. 8. Every violation by any sheriff
OF any Of the provisions OF this act shall
constitute a misdemeanor, and shall b,
punishable by a fine of not less thar
fifty (s50.OOl dollars nor more than on,
hundred $1,000 dollars for each Of
Tense.
Sec. o. All laws or parts Of laws II
conflict herewith are hereby repealed
and this act shall take effect and be II
force from and after It's passage.