case of emergency; provided, however, that passengers may be hauled when the engineer or person in charge of the trip has been notified thereof.

(6) It shall be the duty of every coal miner to take down all dangerous coal, slate, rock or other material in his working place, or to make the same safe by proper timbering. It shall be unlawful for any coal miner to work or remain in any unsafe or dangerous place in a coal mine, knowing the same to be such, except for the purpose of remedying such condition, or for any owner or operator to require him so to do.

(7) It shall be unlawful for any person to load or ignite any shot hole in any narrow working, in any coal mine, until such working shall be either undermined, or cut or sheared on one side, to the full depth of the hole to be fired. Narrow workings are hereby defined as entries, room-necks, break-throughs or cross-cuts between entries and rooms, provided, however, that the provisions of this sub-section shall not apply where prospect entries or new openings are being made to determine the prac ticability of opening a mine; nor shall the same apply to anthracite mines which do not generate inflammable gas.

(8) It shall be unlawful for any person in any mine to wear a pit lamp in his cap or to have an open light within five feet of any place where he is handling loose powder, caps or detonators, or preparing explosive cartridges of any kind.

(9) It shall be the duty of every shot firer in coal mines to inspect all shot holes before igniting any shots or blasts. He shall begin igniting the shots to be fired at such place that he can proceed with the firing in the direction opposite from that which the air is traveling. Whenever in his opinion any of the working places are too dry, dusty or otherwise dangerous, or that the drill holes are improperly placed, or that an overcharge of explosive is used, or that it is improperly tamped, or that the shot hole is in any particular defective, or if in the opinion of the shot firer the exploding of such shot would be a menace to himself or other person within the mine, or would cause undue wreckage of timbers or property, it shall be his duty to condemn such shot or drill hole, and refuse to ignite such shot or allow it to be ignited until such defective conditions are remedied.

(10) Any person violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction. thereof shall be punished by a fine not exceeding fifty dollars

or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment.

§3509. IGNITING SHOTS.

SEC. 66. It shall be unlawful for any person other than a regularly employed shot firer to ignite any shot within a coal mine where shot firers are employed, except in rock work entry or development work where it is not deemed necessary to employ regular shot firers, or in case of absence or inability of the shot firer to attend to such duty, in which event some person who is experienced may be appointed by the mine boss to ignite shots. Any person violating any of the provisions hereof, shall, upon conviction, be fined not less than fifty dollars nor more than five hundred dollars, or be punished by imprisonment for not less than thirty days nor more than two years.

§3510. SHOT FIRER-INTERFERING WITH.

SEC. 67. Any person who shall, by violence, abusive language or innuendo, injure, humilate or embarass any shot firer because of said shot firer having condemned any shot hole, shall, upon conviction thereof, be punished by a fine of not exceeding one hundred dollars or by imprisonment for not less than thirty days nor more than one year.

§3511. ELECTRICAL APPARATUS-INTERFERING WITH.

SEC. 68. Any person who shall willfully remove, break or destroy any electric light bulb which is installed and in use, or to be used in or about any mine in the State, or shall cut, detach or in any manner interfere with any electric light or electric wire in any such mine without consent of the operator or person in charge shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

§3512.

EQUIPMENT-INTERFERING WITH.

SEC. 69. Any person who shall willfully obstruct or do any act that may interfere with the free passage of air through any ventilation circuit, or who shall willfully remove, break, destroy or damage any apparatus or equipment in or about any mine used for ventilation purposes, without consent of the person in charge of said mine, or any person who shall willfully remove, break, destroy, damage or otherwise molest any mine equipment for whatever purpose used in or about any mine, or impede the

operation thereof, without consent of the person in charge of said mine, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

$3513. SETTING FIRE TO.

SEC. 70. Any person who shall willfully set on fire or ignite any building equipment or anything whatsoever at or within any mine when any person is present in such mine at the time, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned for not less than five years nor more than twenty-five years, provided, however, that if the life of any person be lost through the ignition or causing to be ignited of any such building, equipment or other thing as in this section provided, the person setting or causing to be set such fire shall be deemed guilty of murder in the first degree, and shall be dealt with according to the law at the time in force prescribing the penalty for such offense.

ARTICLE VI.

MISCELLANEOUS.

Section

3514

3515

Locations on private lands-rules and regulations.
Trespass by live stock.

3519

3520

3521

3522

§3514.

Termination of lease-notice.

Terminating lease without notice-liability.

Smelters-lead poisoning of employe-duty of employer.
Id.-failure to provide-penalty.

LOCATIONS ON PRIVATE LANDS-RULES AND REGU-
LATIONS.

SEC. 71. The owner or owners of lands within this State, the title to which has been vested by letters patent from the United States government, may make and file in the office of the county clerk of the county in which such lands are situated, such rules and regulations, not inconsistent with the laws of the United States and of this State, as they may see fit, governing the location and acquisition of mining claims thereon, which rules and regulations when so filed, shall be binding upon all parties, and a copy thereof duly certified by the county clerk shall be received and admitted as evidence in any suit or proceedings relating to such mining claims; such rules and regulations may be changed and supplemented from time to time by other rules and

regulations filed in like manner, providing that such change shall not affect rights acquired prior thereto.

§3515. TRESPASS BY LIVE STOCK.

SEC. 72. The owner of any live stock in this State shall not be liable to the owner or his agent of any mining or mineral claim or millsite for damages done by way of trespass upon the same by said live stock other than for actual damage done to buildings, tents, mining supplies or other personal property situated thereon: Provided, That nothing in this section shall be constructed as abridging or curtailing any of the existing rights of any such owner whenever any such mining or mineral claim or millsite may be used by the owners thereof, his tenant or lessee, as a livestock ranch.

§3516. PREVENTING TRESPASS-NOTICES.

SEC. 73. Whenever the owner or lessee of any mining property in the State of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees may post notices in English and Spanish in at least three public places upon said premises, warning all persons from entering upon said property without permission of the owner or lessee or his or their authorized agent or superintendent, which notices shall describe the boundaries of said property.

SEC. 74. After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, and any person violating the provisions of the preceding section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or both such fine and imprisonment, in the discretion of the court: Provided, That this section shall not apply to any person or persons entering said premises in good faith for the purpose of ascertaining whether assessment work has been done, or for the purpose of making a location on government land.

§3518. PEST HOUSE.

SEC. 75. That all mining companies or other corporations doing business in this State who receive any money from their employes for the purpose of employing a physician to attend and render medical aid to any of said employes during sickness, or

to enforce sanitary regulations for the benefit of said employes, are hereby required to erect and maintain a proper and suitable pest house not less than one and one-half miles from any town, mining camp or settlement or village where the headquarters of such company may be, or where the greater portion of said employes may labor, for the purpose of taking proper care of, and quarantining any and all of said employes who may be affected with any contagious or infectious diseases, and any company or corporation violating any of the provisions of this section upon proper proceedings and conviction thereunder, shall be fined as set forth in section 1741, and in addition thereto shall be liable for all damages occasioned by their violation of the law.

§3519.

TERMINATION OF LEASE-NOTICE.

SEC. 76. Hereafter any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination.

§8520. TERMINATING LEASE WITHOUT NOTICE-LIABILITY. SEC. 77. The lessor and the mine upon which any lease is terminated without thirty days' notice shall be liable to the lessee for all damages resulting from such termination: Provided, That nothing in this or the preceding section shall prevent the forfeiture and termination of any such lease without such notice when the lessee is working the leased ground in such manner as to damage the property.

§3521.

SMELTERS - LEAD POISONING OF EMPLOYE-DUTY
OF EMPLOYER.

SEC. 78. Whenever any employe of any corporation, person or persons engaged in the management and operation of any smelting works in the State of New Mexico, shall become disabled and rendered unfit for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employe's performance and proper discharge of said employe's duties in and about said smelting works, said employe shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense of said corporation, person or persons so employing him. §3522. Id.-FAILURE TO PROVIDE-PENALTY.

SEC. 79. If any such corporation, person or persons engaged