usually occupied by a cattle grower either as a spring, summer or winter range for his cattle, is guilty of misdemeanor; but the priority of right between cattle and sheep owners to any range is determined by 'priority in the usual and customary use of such range either as a cattle or sheep range.

Providing that nothing herein contained shall be construed as prohibiting the herding or grazing of sheep over or upon any mixed range, and Provided further that any person, firm or corporation who may have heretofore purchased or may hereafter purchase any entire cattle range or lands or right to possession or use thereof, theretofore used as a cattle range or cattle grazing ground, or the grantees or assigns of any such person, firm or corporation, may thereafter use the same as lambing grounds or grazing grounds for sheep, subject otherwise to the provisions of this act.

Sheep and goats, when being moved from their accustomed range to a shipping point to be shipped or to lambing grounds for lambing purposes or when being returned from a shipping point where they were unloaded from cars or being returned to their accustomed range from said lambing grounds where they were located during lambing time, shall, when off a designated stock driveway and crossing a range which is being and has been used as a cattle range, travel at least three miles per day. That in moving from their accustomed range to said shipping point or lambing grounds or from such lambing grounds or unloading point to their accustomed range, they shall travel by the most direct practicable route to one of the Arizona stock driveways designated by the United States Government or to any other

stock driveway hereafter fixed and determined and shall thence travel over and on such driveway and not depart therefrom until they reach a point nearest to their said shipping point or their usual lambing grounds and travel thence from said point by the nearest practicable route to said shipping point or lambing grounds, traveling at the rate of not less than three miles per day while crossing a cattle range and shall pursue the same course, traveling at the same rate, when going from said lambing point or unloading place back to their accustomed range. Provided, however, that when they are upon one of the aforesaid designated trails or upon any trail hereafter established, they shall travel at such rate as they may deem proper; and provided further, that nothing in the provisions of this paragraph shall be construed to give the right for any such sheep or goats to travel over, be herded on or graze upon the lands or possessory rights to lands of another.

Section 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved March 7, 1923.

CHAPTER 30.

(Substitute House Bill No. 52.)

AN ACT

TO AMEND SECTION 1 OF CHAPTER 131 (S. B. 106), ACTS OF THE FIFTH STATE LEGISLATURE OF THE STATE OF ARIZONA, 1921, ENTITLED "AN ACT AUTHORIZING AND EMPOWERING THE COURTS IN PERSONAL INJURY CASES TO ORDER AND DIRECT A PHYSICAL EXAMINATION OF THE PERSON INJURED".

Be it Enacted by the Legislature of the State of Arizona:

Section 1. That Section 1 of Chapter 131 of the Acts of the Fifth State Legislature of the State of Arizona, 1921, be and the same is hereby amended to read as follows:

"Section 1. On or before the trial of any action brought to recover damages for injury to the person, the court before whom such action is pending may, from time to time, on application of any party therein, order and direct an examination of the person injured, as to the injury complained of, by a competent and disinterested physician or physicians, surgeon or surgeons, in order to qualify the person or persons making such examination, to testify in the said cause as to the nature, extent, and probable duration of the injury complained of; and the court may in such order direct and determine the time and place of such examination, and shall assess the cost thereof against the party or parties requesting same; provided, this Act shall not be con

strued to prevent any other person or physician from being called and examined as a witness."

Section 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Approved March 7, 1923.

MAKING

CHAPTER 31.

(House Bill No. 125.)

AN

AN ACT

APPROPRIATION FOR THE LIVE STOCK SANITARY BOARD TO BE USED IN INSPECTING AND ERADICATING OF TUBERCULOSIS IN DAIRY CATTLE OF THIS STATE AND REIMBURSING OWNERS FOR DAIRY CATTLE WHEN SLAUGHTERED, AND DECLARING AN EMERGENCY; AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH.

Be it Enacted by the Legislature of the State of Arizona:

Section 1. There is hereby appropriated out of any moneys in the general fund of the State of Arizona not otherwise appropriated, the sum of Ten Thousand ($10,000.00) Dollars, or so much thereof as may be necessary to be expended under the direction of the Live Stock Sanitary Board of the State of Arizona, upon claims duly approved by the said Board for the purpose hereinafter set forth. The State Auditor is hereby authorized and directed to draw his warrant on the State Treasurer for the amount of such claims

and the Treasurer is hereby directed to pay same subject to the condition that for each dollar expended therefrom a like amount shall have been appropriated by the Federal Government and allotted to this state and expended concurrently with the expenditure of said appropriation.

Section 2. So much of the money appropriated by Section 1 of this Act as is necessary may be expended by and under the direction of the Live Stock Sanitary Board for the purpose of carrying on the inspection of the dairy cattle of this State and to reimburse owners of any cattle that have been found to be affected with tuberculosis, and ordered to be slaughtered therefor.

Section 3. Whereas it is necessary for the preservation of the public peace, health and safety that a thorough inspection be made of all the dairy cows of this state, and that such inspection be made as speedily as possible, and it being necessary that funds may be immediately available to carry on such inspection, in order that the health and safety of the people of Arizona be safeguarded therefrom an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage by the Legislature and approval by the Governor and shall not be subject to the referendum provisions of the State Constitution.

Section 4. All acts and parts of acts in conflict with the provisions of this Act are hereby repealed.

Approved March 7, 1923.