at least once in each year at the place selected for headquarters by said board, and in addition thereto whenever and wherever the president and secretary thereof shall call a meeting; a majority of said board shall at all times constitute a quorum. The secretary of said board shall keep a full record of the proceedings of said board, which records shall at all reasonable times be open to public inspection.

Sec. 5. Every person before beginning the practice of optometry in this territory, after the passage of this act shall pass an examination before said board; examination shall be confined to such knowledge as is essential to the practice of optometry. Any person having signified to said board his desire to be examined by them shall appear before them at such time and place as they may designate, and before beginning such examination shall pay to the secretary of said board, for the use of said board the sum of ten dollars, and if he shall successfully pass such examination shall pay the said secretary for the use of said board a further sum of five dollars on the issuance to him of a certificate. All persons successfully passing such examination shall be registered in the board register, which shall be kept by said secretary, as licensed to practice optometry, and shall also receive a certificate of such registration to be signed by the president and secretary of said board which shall be filed as herein before provided.

Sec. 6. Every person who is actually engaged in the practice of optometry in the Territory of New Mexico at the time of the passage of this act shall, within six months thereafter file an affidavit in proof thereof with said board, who shall make and keep record .of such person, and shall in the consideration of the sum of five dollars, issue to him a certificate of registration.

Sec. 7. All persons entitled to a certificate of registration under the full provisions of section 6 shall be exempt from the provisions of section 5 of this act.

Sec. 8. Recipients of said certificate of registration shall present the same for record to the clerk and ex-officio recorder of the county in which they reside, and shall pay a fee of fifty cents to the clerk for recording same. Said clerk shall record said certificate in a book to be provided by him for that purpose. Any person so licensed removing his residence from one county to another in this territory, shall, before engaging in the practice of optometry in such other county, obtain from the clerk of the county in which said certificate or registration is recorded, a certified copy of such record, or else obtain a new certificate of registration from the

board of examiners, and shall before commencing practice in such county, file the same for record with the clerk of the county to which he removes, and pay the clerk thereof for recording the same, a fee of fifty cents. Any failure, neglect or refusal on the part of the person holding such certificate or copy of record to file the same for record, as herein before provided, for six months after the issuance thereof, shall forfeit the same. Such board shall be entitled to a fee of one dollar for the reissue of any certificate, and the clerk of any county shall be entitled to a fee of one dollar for making and certifying a copy of the record of any such certificate.

Sec. 9. Any person entitled to a certificate as provided for in section 6 of this act, who shall not within six months after the passage thereof make written application to the board of examiners for certificate of registration, accompanied by a written statement signed by him, and duly verified before an officer authorized to administer oaths within this territory, fully setting forth the grounds upon which he claims such certificate, should be deemed to have waived his right to a certificate under the provisions or refusal on the part of any person holding such certificate under the provisions of such section. Any failure, neglect or refusal on the part of any person holding such certificate to file the same for record, as hereinbefore provided, for six months after the issuance thereof, shall forfeit the same.

Sec. 10. Every person to whom a certificate of examination or registration is granted shall display the same in a conspicuous part of his office wherein the practice of optometry is conducted.

Sec. 11. Out of the funds coming into the possession of said board each member thereof may receive as compensation the sum of five dollars for each day actually engaged in the duties of his office, and mileage at three cents per mile for all distances necessarily traveled in going to and coming from the meetings of the board. Such expenses shall be paid from the fees and assessment received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall ever be paid out of the treasury of the territory. All moneys received in excess of said per diem allowance and mileage, as above provided for shall be held by the secretary as a special fund for meeting the expenses of said board and carrying out the provisions of this act, and he shall give such bonds as the board shall from time to time direct, and the said board shall make an annual report of its proceedings to the governor on the first Monday in January of each year, which

report shall contain an account of all moneys received and disbursed by them pursuant to this act.

Sec. 12. Every registered optometrist who desires to continue the practice of optometry in this state shall annually on such date as the board of optometry may determine, pay to the secretary of said board a registration fee to be fixed by the board, but such shall in no case exceed the sum of two dollars per annum, for which he shall receive a renewal of said registration; and in case of default in such payment, by any person, his certificate may be revoked by the board of examiners, under twenty days' notice of the time and place of considering such revocation. But no certificate shall be revoked for such non-payment if the person so notified shall pay before or at such time of consideration his fee and such penalty as may be imposed by said board: Provided, That said board may impose a penalty of five dollars and no more on any one person so notified, as a condition of allowing his certificate to stand: Provided, Further, That said board of examiners may collect any such fees by suit.

Sec. 13. Said board shall have power to revoke any certificate of registration granted by it under this act for conviction of crime, habitual drunkenness for six months immediately before a charge to be made, gross incompetency, or contagious or infectious disease: Provided, That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and a day specified in said notice, at least five days after the service thereof, be given a public hearing, and have opportunity to produce testimony in his behalf and to confront the witness against him. Any person whose certificate has been revoked, may after the expiration of ninety days, apply to have the same regranted, and the same shall be regranted him, upon a satisfactory showing that the disqualification has ceased.

Sec. 14. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty dollars, nor more than one hundred dollars, or to be confined not less than one month nor more than three months in the county jail, and in default of payment of said fine shall be imprisoned in the county jail at the rate of one day for every two dollars of the fine so imposed, and all fines thus received shall be paid into the common school funds of the county in which such conviction takes place.

Sec. 15. Justices of the peace and the respective municipal courts shall have jurisdiction of violations of this act. It shall be

the duty of the respective district attorneys to prosecute all violations of this act.

Sec. 16. Nothing in this act shall be construed to apply to physicians and surgeons authorized to practice under the laws of the Territory of New Mexico, nor to persons who sell spectacles or eye glasses in the ordinary course of trade, and who do not attempt to employ subjective and objective mechanical means to determine the accommodative and refractive states of the eye.

Sec. 17. This act shall take effect and be in force from and after its passage.

CHAPTER 97.

AN ACT PROVIDING FOR THE APPROPRIATION AND VALUATION OF LANDS AND OTHER PROPERTY TAKEN FOR TELEGRAPH, TELEPHONE, PUBLIC ROAD, RAILROAD AND OTHER PUBLIC USES AND PURPOSES. H. B. No. 113. Approved March 16, 1905.

Sec. 1.

Sec. 2.

Sec. 3.

CONTENTS.

Condemnation of lands by public service companies. Petition.

Service of notice Notice by publication.

Appointment of commissioners. Duties.

Sec. 4.

Different owners may be joined in one petition.

Sec. 5.

Who may defend

Sec. 6.

Sec. 7.

Sec. 8.
Sec. 9.

Clerk to give notice of the filing of the report When report may be reviewed.

Costs, how paid.

Appeals to district court.

The date with respect to which compensation shall be assessed, and the measure thereof.

Sec. 10. Telephone or telegraph company not to enter or appropriate dwelling house

Sec. 11. Who may have damages ascertained. Proceedings.

Proceedings when property held by corporation.

Jurisdiction of court to regulate the mode of making crossings or of enjoying a common use.

Condemnation of lands for depot purposes.

Sec 12.

Sec. 13.

Sec. 14.

Sec. 20.

Rights of corporations engaged in manufacture of logs or lumber.

Sec. 21.

Logging and lumber companies to have right of eminent domain and condemnation.

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

Section 1.

In case lands or other property are sought to be ap

propriated by any railroad, telephone, telegraph company created or authorized to do business under the laws of this territory, for public use, and such corporation and the owner of such lands cannot agree upon the proper compensation to be paid, or in case the owners are incapable of contracting, be unknown or be a non-resident of the territory, such corporation may apply to the district court of the county where said land or any part thereof lies, by petition, setting forth the general directions in which it is desired to construct their railroad, telephone or telegraph line over such lands, a description of the real estate or other property which the company seeks to acquire, the names of the owners thereof, and a particular description of the property of each owner, if known, or, if unknown, a particular description of the property whose owners are unknown, and praying for the appointment of three disinterested freeholders as commissioners, to assess the damages, which such owners may severally sustain in consequence of the establishment, erection and maintenance of such railroad, telegraph or telephone line or other structure that may be used for public purposes over or upon such lands in connection and for the use of such railroad, to which petition the owners of all such parcels as lie within the county or territory shall be parties defendant, by name, if the names are known, and by description of the unknown owners of the land therein described, if their names are unknown. If the proceedings seek to affect the lands of persons under guardianship, the guardians must be made parties defendant. If the present owner of any land to be affected has a less estate than a fee, the person having the next vested estate in remainder may, at the option of the petitioners, be made party defendant; but if such remaindermen are not made parties, their interests shall not be bound by the proceedings. It shall not be necessary to make any person party defendant in respect to their ownership unless they are either in actual possession of the premises to be affected, claiming title, or have some interest or title in and to the premises appearing of record upon the proper records of the county. Where the property of any person, sought to be condemned, lies partly in one county and party in an adjoining county, it shall not be necessary to institute separate proceedings as to such property, but the proceeding may be instituted in either county where such property is situate: Provided, Such property shall be contiguous.

Sec. 2. Upon the filing of the petition, a notice shall be served upon such owner or owners giving at least five days notice of the time when said petition will be presented; which notice shall be