which said payment, such vender shall be licensed by said board to sell drugs, nostrum, medicines and ointments. And any person so vending or attempting to sell either from his home or office or from vehicles or by travelling through the country, on foot or horseback, any such drugs, medicines or ointments, without paying such license, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100.00) or imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court.

Sec. 9. Upon payment to the board of the fees provided for in section 7 of this act said board may grant licenses to licentiates of other states and territories, which have like requirements as this act provides for, and when said states and territories also honor our licenses or certificates, to the same extent as they now recognize our licenses and no further. Any person who shall practice medicine, or attempt to practice medicine, without first complying with the provisions of this law, and without being the holder of a certificate entitling him to practice medicine in New Mexico, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court.

Sec. 10. One-half of every fine collected under the provisions of this act, shall go and be paid by the court in which conviction is had, to the sheriff, deputy sheriff, constable or other person who makes complaint, and arrests and causes to be prosecuted, the person so convicted. The other half of all such fines and all fees herein provided to be paid, shall go and be the property of the said board of health and shall be by the treasurer of said board kept in some bank designated by said board. He shall give bond to the board in the sum of one thousand dollars ($1,000.00) conditioned for the faithful performance of his duty as treasurer, and that he shall pay over any and all sums of money received by him as such upon the proper order therefor. Such bond shall be given by some fidelity or surety company authorized to do business in this territory, and the premium paid therefor, shall be paid by the board as one of its necessary expenses. All the expenses of the members of said board necessarily and properly incurred in attending the sessions of said board, and for necessary supplies, shall be paid out of the said fund upon the order of the president and the secretary of said board. The treasurer of the board shall keep a correct and itemized account

of all moneys received, and disbursed, and shall make a report to the board at each meeting. The secretary of said. board is required to report the doings and proceedings of said board, together with the amount of all moneys by it received and disbursed, and on what account, with items, on the first day of December in each year, to the governor of New Mexico.

Sec. 11. Said board of health is hereby authorized and empowered to make all necessary rules and regulations for carrying out the provisions of this act.

Sec. 12. Section 3 of chapter 18 of the Session Laws of 1901, and all acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force thirty days after its passage.

CHAPTER 41.

AN ACT PROVIDING THE PROCEDURE BY WHICH CITIES SHALL OBTAIN TITLE TO PRIVATE PROPERTY BY CONDEMNATION.

Sec. 1.

C. B. No. 32; Approved March 12, 1903.

CONTENTS.

Sub-section 92nd, section 2402, Compiled Laws of 1897, regarding proceedings to obtain condemnation, Amended.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. That section 2 of chapter 3 of the Acts of the Legislative Assembly of the year 1891, being sub-section ninety-second of section 2402 of the Compiled Laws of 1897, be and it is hereby amended so as to read as follows:

"Ninety-second. That proceedings to obtain such condemnation shall be in all respects the same as now provided by law for the condemnation of land for railroad purposes."

CHAPTER 42.

AN ACT EMPOWERING CITIES TO GRADE AND IMPROVE STREETS AND ASSESS THE COST THEREOF AGAINST ABUTTING PROPERTY.

A. C. B. No. 31; Approved March 12, 1903:

CONTENTS.

Sec. 1. City councils and boards of trustees of towns and villages to have power to order improvement of streets. Engineer to make estimate of cost.

Secs. 2 and 3. Engineer to file report Owners of property may appear before council or board of trustees. Notice of meeting to be published.

Sec. 4.
Sec. 5.

Sec. 6.

Sec. 7.
Sec. 8.

Council or board of trustees to advertise for bids, and let contract.

Assessment on abutting property.

Assessment on abutting property to be a lien on same. Claim of lien to be
recorded.

Lien to bear interest. May be sold, assigned or foreclosed.
Destruction of buildings.

Must be approved by district judge. Compensation. Sec. 9. Sub-section 82nd, section 2402, Compiled Laws of 1897, regarding levying of assessments for street improvements, Repealed.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. That whenever the city council of any city, whether incorporated under general or special laws, or the board of trustees of any town or village in the Territory of New Mexico shall be of the opinion that the interests of said city require that any street or alley, or any part thereof, within the limits of said city, be graded, gravelled, paved, macadamized or in any manner improved, such city council or board of trustees shall make a provisional order to the effect that such street or alley or part thereof shall be so graded, gravelled, paved, macadamized or improved, and shall order the city engineer, or some other competent engineer, to cross-section said street or alley or part thereof and to make an estimate of the total cost thereof, and an estimate of the number of cubic yards of material necessary to be used. in the grading thereof, or to be excavated therefrom.

Sec. 2. Upon the filing of the report of such engineer, said city council or board of trustees shall set a time and place at which the owners of property abutting on such street or alley or part thereof so to be improved, or any other persons interested therein, may appear before said city council or board of trustees and be heard as to the propriety and advisability of making such improvements, and as to the cost thereof, and as to the manner of payment therefor, and as to the amount thereof to be assessed against the property abutting thereon. Five days' notice in writing of such time and place shall be given to such property owners, which shall be served by delivering a copy thereof to each of such property owners, if he can be found within said city, town or village, otherwise by delivering a copy thereof to some person residing on such property, or by posting a copy thereof on such abutting property; and notice of the time and place of such hearing shall also be given by publication in some newspaper published in said city, town or village at least three weeks prior to the time thereof; and the officer serving such notices shall make return of the manner of making the same, which shall be filed with the city clerk of said city or recorder of said town or village.

Sec. 3. At the time and place so fixed as aforesaid, any

owner of such abutting property, or any person interested, may appear before said city council or board of trustees and be heard as to the propriety and advisability of making such improvements, and as to the cost thereof and manner of payment therefor, and as to the amount thereof to be assessed against said abutting property.

Sec. 4. After such hearing, said city council or board of trustees shall determine as to the advisability of so grading, gravelling, macadamizing or otherwise improving such streets or alleys or parts thereof and shall determine the kind and character of such improvements so to be made, and shall proceed to advertise for bids for the doing of the work therefor, and shall enter into a contract for the doing of such work and the furnishing of all necessary materials to the lowest bidder.

Sec.. 5. After the making of such contract, said city council or board of trustees shall determine what portion of such work shall be paid by such abutting property, and the owners thereof, and shall assess to each lot or parcel of land abutting upon such street or alley or part thereof so to be improved its proportionate share of such total amount.

Sec. 6. The amount so assessed shall be a lien upon such lot or parcel of land from the time of such assessment, and if such amount be not paid within thirty days from and after the completion and acceptance of such work, it shall be the duty of the city clerk of said city or recorder of the town or village to make out, sign, attest with the seal of said city and file for record in the office of the probate clerk and ex-officio recorder of the county in which said city, town or village is located, a claim of lien therefor; and all subsequent purchasers, mortgagees or incumbrancers of such lot or parcel of land, shall take the same subject to such lien.

Sec. 7. Such liens shall bear interest at the rate of eight per cent. per annum from the date of the filing thereof until paid, and after such recording may be sold and assigned to any person for its face value with interest, and may be foreclosed at any time after such recording in the same manner as now provided for the foreclosing of mortgages on real estate.

Sec. 8. In case any proposed improvement shall involve the destruction of any building or other structure, no action shall be taken until the same has been approved by the judge of the district, on notice to the owners interested; and compensation shall be made to the owners of the property destroyed, the amount thereof to be fixed by agreement or proceedings similar to condemnation proceedings by railroad companies.

Sec. 9. That section 3 of chapter 43 of the acts of the Legislative Assembly of the year 1891, being sub-section eighty-second of section 2402 of the Compiled Laws of the year 1897, and all acts and parts of acts in conflict herewith, be, and they are hereby repealed, and this act shall be in full force and effect from and after its passage.

CHAPTER 43.

AN ACT ENTITLED AN ACT TO AMEND SECTIONS 3721 AND 3722 OF THE COMPILED LAWS OF NEW MEXICO OF 1897. C. B. No. 104; Approved March 12, 1903.

CONTENTS.

Sec. 1. Section 3721, Compiled Laws of 1897, regarding examinations by board of pharmacy. Amended.

Section 3722, Compiled Laws of 1897, regarding fees for registration by board of pharmacy. Amended.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. That section 3721 of the Compiled Laws of 1897 be and the same is hereby amended by adding thereto, at the end of said section: "for which renewal the board of pharmacy shall be entitled to demand and receive the sum of three dollars ($3.00)." That section 3722 of the Compiled Laws of 1897 be and the same is hereby amended to read as follows: "Sec. 3722. The board of pharmacy shall be entitled to demand and receive from each person whom they register and furnish a certificate as a registered pharmacist, the sum of ten dollars ($10.00), which shall be in full for all services. In case the examination of said person shall prove defective and unsatisfactory to the board, and he be declined registration, he shall be permitted to present himself for re-examination within twelve months thereafter, and no charge shall be made for such re-examination."

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in full force and effect from and after its passage.