CHAPTER 66. AN ACT CREATING THE OFFICE OF OIL INSPECTOR AND PRO- CONTENTS. H. B. No. Sec. 1. Office of coal oil inspector established. Term. Inspection of coal oil, gasoline and naptha. Proviso. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Coal oil inspector to give bond. Appointment of deputy inspectors. Importation of oil, below required standards, a misdemeanor. Penalty. Pro- Inspector's mark to be kept on all packages containing oil. Penalty. Placing of stamp on packages containing oil below required standard, a misdemeanor. Penalty. Sec. 7. Failure of coal oil inspector to perform duty, malfeasance in office. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There is hereby established the office of Coal Oil Inspector of the Territory of New Mexico; there shall be appointed by the governor of this territory, by and with the advice and consent of the council of the legislature, a competent person to the office of oil inspector of the Territory of New Mexico, who shall hold his office for the term of two (2) years until successor shall be duly appointed and qualified. It shall be the duty of said inspector to inspect all oils, commonly known as coal oil, gasoline, naptha or any fluid or substance which is a product of petroleum, or in which petroleum or any product of petroleum is found as a constituent element, that may be transported or brought into this territory for sale or use or which may be kept for sale or offered for sale, for the purpose of illumination by any person or persons, company or corporations, and to plainly and distinctly mark, stamp or brand upon the package or packages in which the oil may be contained for sale, or offered for sale, the degree of fire test and specific gravity of the oil therein contained, so offered for sale: Provided, That any retail dealer may be allowed to draw off from said original package or packages for the purpose of convenience in retailing the same and place said oil in a tank for the purpose of retailing therefrom any of the oil aforesaid, upon which inspection the mark, brand or stamp may have been attached. Sec. 2. The oil inspector shall give bond to the Territory of New Mexico in the penal sum of ten thousand ($10,000.00) dollars. conditioned for the faithful performance of his duties. He shall have power to appoint one or more deputy inspectors for whose conduct and efficiency he shall be held responsible, upon officiał bond, for any failure or neglect of their duties as such deputy inspectors. Sec. 3. The inspector or deputy inspectors is entitled to demand and receive from the owners of any oil, gasoline or naptha inspected, one (1) cent for each gallon so inspected. It shall be the duty of each inspector and each deputy inspector to keep an accurate record of any oil, gasoline or naptha branded by him which report shall state the date of such inspection, the number of packages, boxes, barrels or tanks inspected, the number approved, the manufacturers brands, the name of the person for whom inspected and the sum of money received for inspection, and such report shall be open to all persons interested in the same. At the beginning of every month each deputy inspector shall forward to the territorial inspector, a true copy of such record and all moneys received by him for his inspections. In the month of January in each year, the territorial inspector shall make and deliver to the governor of the territory a report of the inspection by himself and deputies during the preceding calendar year. Sec. 4. Any person or persons, firm, company or corporation or any agents of any person or persons, firm, company or corporation who shall transport or bring into this territory for sale or use, or who shall keep for sale or use, or who shall offer for sale or use, any mineral or petroleum, oil, gasoline, or naptha, or fluids or substance which is the product of petroleum or in which petroleum or any product of petroleum enters, or is found as a constituent element, either at wholesale or retail, that is less than what is known as 120 degrees, fire test, or which has a specific gravity of less than 43 degrees, and any person or persons, firm, company or corporation or any agent of any person or persons, firm, company or corporation who shall transport or bring into this territory for sale or who shall sell or offer for sale or use any gasoline, by or under whatever name it may be called, which has a specific gravity of less than 63 degrees shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine in any sum not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, or by imprisonment in the county jail for not less than sixty (60) days, nor more than six (6) months, or both such fine and imprisonment at the discretion of the court trying such cause: Provided, That nothing herein shall be construed to prevent the shipment of oil into this territory notwithstanding the same may not have been inspected, but the same shall be inspected under the provisions of this act before being sold or used. Sec. 5. Any person or persons, firm, company or corporation or any agent thereof, having or keeping for sale any oil, gasoline, or naptha to be used for the purposes aforesaid, shall keep conspicuously placed on all packages, boxes, barrels or tanks containing any of the oil aforesaid, the inspector's mark, brand or stamp, showing the degree of fire test, and the specific gravity as otherwise provided in this act, and that the same has been inspected by the oil inspector of the territory, and that such oil, if other than gasoline is not below the fire test of 120 degrees and not below 43 degrees specific gravity and if gasoline, is not below 63 degrees specific gravity, and any person or persons, firm, company or corporation, violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be liable to the fine and penalties imposed in Section 4 of this act. Sec. 6. Any oil inspector or deputy oil inspector who shall mark, stamp or brand any package or packages, required to be inspected by this act, as containing oil or gasoline of the fire test and specific gravity herein required, when said package does not contain oil or gasoline of the specific gravity and fire test herein required shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred ($100.00) dollars, nor more than one thousand ($1,000.00) dollars, or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment, at the discretion of the court trying such cause. Sec. 7. The failure on the part of any oil inspector to perform his duties as required, shall be considered a malfeasance in office, for which he may be removed from office by the governor. Sec. 8. This act shall take effect and be in full force from and after its passage. CHAPTER 67. AN ACT RELATING TO MUNICIPAL CORPORATIONS. C. B. No. 128; Approved March 14, 1905. CONTENTS. Sec. 1. Municipal officers not personally liable for official acts. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. No personal action shall be maintained in any court of this territory against any member or officer of any municipal corporation in this territory for any tort or act done, or attempted to be done, by such member or officer, when done by authority of such municipal corporation, or in execution of the orders thereof; in all such cases the municipal corporation shall alone be responsible; and any such member or officer may plead the provisions of this act in bar of such action whether the same be now pending or hereafter commenced. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage. CHAPTER 68. AN ACT ENTITLED "AN ACT TO LICENSE OSTEOPATHIC PHYSI- TO REGULATE THE PRACTICE OF OSTEOPATHY AND TO ACT." A. C. B. No. 82; Approved March 14, 1905. CONTENTS. Sec. 1. Territorial board of Osteopathy created. Appointment. Qualifications. Sec. 7. Application for certificate to practice osteopathy. Fee. Form and contents of application. Certificate to be recorded with probate clerk. Fee. Sec. 8. Penalty for violations of act. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. The governor of this territory shall appoint a board within ten days after the passage of this act and biennially thereafter, and shall fill all vacancies. This board to be known as the Territorial Board of Osteopathy and shall consist of three legally qualified resident practicing osteopathic physicians, each of whom shall have been actively engaged in the practice of osteopathy in this territory for at least one year prior to their appointment, and shall serve for a term of two years, and until their successors shall have been duly appointed and confirmed by the legislative council. Sec. 2. Said board of osteopathy shall elect a president, secretary and treasurer, and shall have a common seal, and its president and secretary shall have power to administer oaths. Said board shall hold meetings in the City of Santa Fe, in the capitol building, in the rooms provided for it by the capitol custodian committee, on the first Monday in April and September of each year, and such other meetings as may be deemed necessary; and shall issue certificates of qualification to all applicants who meet the requirements of this act. Sec. 3. Said board shall create no expense exceeding the sum received from time to time as fees as hereinafter provided. Sec. 4. The fees coming into the treasury of said board shall be paid out upon warrants of the president and secretary thereof in payment of the compensation and expenses of said board in carrying out the provisions of this act. Sec. 5. Said board shall make such rules of procedure for the regulation of all matters of applications and hearings before it as it may deem advisable. Sec. 6. Any person who at the time of the passage of this act, shall be actually in the practice of osteopathy in this territory, shall be entitled to receive such license upon making application to the board at its first regular meeting and paying a fee of five ($5.00) dollars and satisfying the board that he was lawfully engaged in the practice of osteopathy in this territory, at the time of the passage of this act. Sec. 7. Any person before engaging in the practice of osteopathy in this territory, after the passage of this act, shall, upon |