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this act provided for the payment of interest and sinking fund of such bonds, and to pay the same into the territorial treasury at the times of the payment of the territorial taxes; and any failure to comply with the provisions of this act, by any officer or officers charged with the performance thereof, or any neglect or refusal by them or either of them to assess, levy and collect, or to pay over, such taxes as aforesaid, or to apply said taxes and the proceeds thereof as in this act provided, for the purpose for which the same was collected, shall be deemed a misdemeanor, and upon conviction thereof such person or persons so convicted shall be fined in a sum not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00), and, in addition thereto, in a sum equal to the amount which should have been so assessed, levied or collected, or paid over, as the case may be; and, in addition to such fine or fines, shall be imprisoned in the county jail or territorial penitentiary for a period of not less than three months nor more than one year, in the discretion of the court. And, if any county officer or officers charged with the duty or duties herein provided, shall fail to perform the same he shall be compelled to such performance, by any court of competent jurisdiction within this territory. Sec. 8. In event of the failure or refusal of the county commissioners, or of the county assessor, or either, to make such levy, as herein provided, the territorial auditor shall make such levy directly within such county for the purpose of carrying out the provisions of this act. And, in event of the proper tax collector of such county neglecting, failing or refusing to collect such taxes, the governor of the territory shall immediately remove such collector, and appoint some qualified person to collect such taxes.

The county commissioners of such county, the indebtedness of which has been so refunded, shall furnish to the refunding commission created by this act all such information as to taxable values, etc., within such county, as will enable such commission to carry out the provisions of this act as to assessment, levy, collection, etc., and such commission, or either of the members thereof, or the territorial auditor, shall have power to demand of the county officials of such county such information.

Sec. 9. In event the tax herein provided for shall be levied by the territorial auditor, as herein provided, he shall. transmit to the board of county commissioners, or to the officer or officers exercising like duties, a statement of the rate of taxes fixed and levied upon the taxable property within such county for the purposes hereinbefore provided, and such statement shall be entered upon the tax roll of said

county, and the tax so entered shall be collected as other county and territorial taxes are collected.

Sec. 10. All taxable property, and the increase thereof, within the limits of such county shall be, and is hereby, pledged to the payment of the principal and interest upon such bonds issued as herein provided, for the benefit of such county; and in event of the division, disincorporation or dissolution of such county in any manner, or the cutting off of any part of the same, then said refunding commission, or the territorial auditor, shall cause the proper tax to be assessed, levied and collected, as herein provided, by the county or counties into which such original county may have been divided, or to which any part thereof may have been attached, in the proportion which such part so detached or cut away from the original county, as to taxable values, bears to that part of the original county so remaining, if any; and if such original county is wholly disincorporated, then to cause such tax to be assessed, levied and collected by the county or counties with which the original county or any part thereof has been incorporated.

Sec. 11. In the event of the refunding of any such indebtedness, as in this act provided, the bonds, coupons and judgments so refunded, together with all other evidences of indebtedness for the redemption or refunding of which said bonds were so issued, shall be turned over to the territorial treasurer, and the same shall become the property of the Territory of New Mexico, to be returned to such county, duly cancelled, and discharged, upon the final payment of such refunding bonds by such county.

Sec. 12. The county, the bonds of which shall have been so refunded under the provisions of this act, shall pay into the territorial treasury all the costs and expenses incurred for the refunding of such indebtedness, and also shall pay all other costs in connection therewith, including the annual cost of exchange, etc., if any.

Sec. 13. This act shall take effect and be in force from and after its passage.

CHAPTER 90.

AN ACT AUTHORIZING THE PRACTICE OF OSTEOPATHY IN THE TERRITORY OF NEW MEXICO. C. S. for H. B. No. 120; Approved March 18, 1903.

CONTENTS.

Sec. 1. Osteopathy. Who entitled to practice. Requirements. Penalty for prescribing medicines or practicing surgery.

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

Sec. 1. Hereafter any graduate of any recognized college or school of osteopathy in the United States or Europe where the course of study comprises at least four terms of five months each, shall be authorized to practice the profession of osteopathy and osteopathic surgery, and administer the treatment to the sick and afflicted known as the science of osteopathy, and as taught by the recognized schools; such person shall have his diploma from said school recorded, and such osteopaths shall file an affidavit as to good moral character, and that the person presenting the diploma is the rightful owner thereof, to the probate clerk of the county where said person resides, and the probate clerk shall register said diploma. Any osteopath who prescribes, gives or uses any medicines, or drugs, or who practices major or operative surgery, or who calls or advertises himself or herself in any way other than as osteopathic physician or osteopathic surgeon, shall be guilty of a misdemeanor, and upon conviction of the same shall be punished as provided in section 9 of House Bill 36 of the 35th Legislative Assembly, notwithstanding any requirements or provisions of an act entitled "An Act to regulate the practice of medicine and to provide for the board of health in New Mexico," approved March 8th, 1901.

Sec. 2. This act shall be in force and effect from and after its passage, and all acts and parts of acts in conflict herewith are hereby repealed.

CHAPTER 91.

AN ACT GRANTING TO COUNTY COMMISSIONERS THE RIGHT OF CONDEMNATION OF PRIVATE PROPERTY FOR ROADS AND HIGHWAYS IN UNINCORPORATED COUNTY SEATS. C. B. No. 116; Approved March 18, 1903.

CONTENTS.

Sec. 1. County commissioners to have same right of condemnation as city councils. Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. That the board of county commissioners of the counties of the Territory of New Mexico shall have the same right of condemnation of private property for the purpose of laying out, establishing, widening, or in any manner improving streets, highways, alleys, approaches thereto in unincorporated county seats of such counties to the same extent and by the same procedure as now exists by the city councils of the cities of the Territory of New Mexico over streets and highways within the limits of such cities.

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

CHAPTER 92.

AN ACT TO AMEND CHAPTER 43 OF THE SESSION LAWS OF NEW MEXICO OF 1901, AN ACT ENTITLED "AN ACT FOR THE PROTECTION OF SCHOOL CHILDREN AND FOR OTHER PUR

POSES." A. C. B. No. 79: Approved March 18, 1903.

CONTENTS.

Sec. 1. Applicant for teacher's certificate found to be afflicted with tuberculosis. Duty of examining physician and superintendent of public instruction. Applicant to have right of appeal to board of health.

Sec. 2. Right of appeal to board of health only. Violation of this provision. Penalty.

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

Section 1. That whenever in this act the phrase or expression "physician appointed by the president of the New Mexico board of health" occurs, the same is hereby stricken out and the following inserted in lieu thereof: "Any reputable physician, who is a resident of New Mexico and has a license to practice medicine in New Mexico, and who is not himself afflicted with the disease."

Whenever such physician shall find the applicant to be afflicted with tuberculosis, or what is commonly known as consumption, it shall be his duty to at once notify the superintendent of public instruction of New Mexico, giving the name, age and sex of the applicant, together with the date of of examination, and a general statement of the case. Whereupon it shall be the duty of said superintendent to at once notify the school superintendents of each county in New Mexico of the information he has received. And in case any applicant so examined shall feel aggrieved he may take appeal to the New Mexico board of health and present himself for examination, and it shall be the duty of said board of health to thoroughly examine such person, and the result and decision of said board shall be final, and such decision shall be certified by it to the superintendent of public instruction of New Mexico, who shall thereupon notify the different school superintendents of each county.

Sec. 2. No person who has been examined by a physician under this act or of the act of which it is amendatory, and has been rejected by such physician shall apply to any other physician for examination or certificate, but he shall have right of appeal to the board of health of New Mexico. And if any person shall apply to any other physician in violation of this act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed one hundred dollars ($100.00) and shall not be eligible as a school teacher in any county of New Mexico. The fine hereby imposed shall be collected and paid over to the territorial school fund.

Sec. 3. All acts and parts of acts in conflict are hereby repealed and this act shall be in force thirty days after its passage.

CHAPTER 93.

C. B. No.

AN ACT AMENDING AN ACT ENTITLED AN ACT IN RELATION TO MAYORS OF CITIES AND TO OTHER OFFICERS. 125; Approved March 18, 1903.

CONTENTS.

Sec. 1. Section 1, chapter 9, Laws of 1903, regarding term of office of city officers. Amended.

Sec. 2. Section 3, chapter 9, Laws of 1903, regarding election of city officers and term of office. Amended.

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

Section 1. That section 1 of an act entitled an act in rela

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