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tration, without examination, provided such application be made before January 1, 1906. All nurses in training at time of passage of this act and possessing the above qualifications shall be entitled to registration without examination, provided application is made before June 1, 1908. Graduates of training schools in connection with special hospitals giving a two years' course who shall obtain a six months' additional training in a general hospital approved by the state board of registration and examination shall be eligible for registration without examination before June 1, 1908; or said graduates shall be eligible for registration prior to said date who have nursed five years prior to the passage of this act; or upon passing a special examination before the state board of registration and examination in subjects not adequately taught in the training school from which they have been graduated. The by-laws shall provide for the examination and qualification of nurses who make application before January 1, 1906, who have not graduated from a training school, and who have been engaged in nursing ten years, and who are otherwise eligible, and who shall present required credentials from physicians for whom they have nursed. All applicants under this section shall pay to said board the sum of five ($5.00) dollars at the time of making application.

7532g. Revocation of license.-7. The state board of registration and examination shall have power, after thirty days' notice, upon written charge being preferred and the time and place of meeting being fixed, and after full and free hearing of the same by a majority vote of the entire board, to revoke any license issued by said board for gross incompetency, dishonesty, habitual intemperance or any other act in the judgment of the board derogatory to the morals or standing of the profession of nursing. Upon the revocation of the license or certificate. the name of the holder thereof shall be stricken from the roll of registered nurses in the hands of the secretary of the board and notice sent of same to the clerk of the circuit court of the county in which he or she resides, and there shall be no appeal therefrom.

"A registered nurse"-Assumed title.-8. Every person who shall have duly received a license and certificate in accordance with provisions of this act shall be known and styled "a registered nurse, and it shall be unlawful after one year from the passage of this act for any person to practice or advertise as or assume the title of trained nurse or graduate nurse or to use the abbreviations of T. N. or G. N. or any other words, letters or figures to indicate that the person using the same is a trained, registered or graduate nurse, unless he or she shall have first received a license and a certificate in accordance with the provisions of this act.

7532i. Act not applicable, when.-9. This act shall not be construed to affect or apply to the gratuitous nursing of the sick by friends or members of the family and also it shall not apply to any person nursing the sick for hire who does not in any way assume to be [a] registered or graduate nurse.

7532j. Penalties.-10. Any person violating any of the provisions of this act shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five ($25.00) dollars, and not more than fifty ($50.00) dollars for the first offense, and not less than fifty ($50.00) dollars and not more than one hundred ($100.00) dollars for each subsequent offense.

ART.

1.

2.

OFFICES AND OFFICERS.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

CHAPTER 99.

BOND AND OATH. 7533-7549.
COMMISSIONS, CERTIFICATES AND

RESIGNATIONS. 7574b-7574c.

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ARTICLE 1.-BOND AND OATH.

SEC.

7549. Relation of sureties.

7533. Oath of office.

When a person asserts a claim to an office, and seeks to recover possession thereof, he must show that he has taken the oath of office and given bond, as required by law. State v. Wheatley, 160 Ind. 183; Featherngill v. State, 33 App. 683.

7543. Bonds, to whom payable.

The sureties on the bonds of county officers are not liable for the penalty imposed on such officers by the fee and salary law for failure to report and pay over the fees collected. State v. Flynn, 157 Ind. 52.

Actions may be maintained on the bonds of county officers for failing to pay to the county treasurer the fees collected by them that should be paid to the county. Shilling v. State, 158 Ind. 185.

If a township trustee issues a township warrant without authority, and fails to keep proper accounts of receipts and expenditures, the sureties on the bond of such trustee are not liable to the assignee of such warrant. State v. Stout, 26 App. 446.

7549.

Relation of sureties.

Sureties on the bonds of officers can not set up any defense to an action on such bonds that could not be set up by the principals in such bonds. Hogue v. State, 29 App. 621.

The statute prohibiting sureties from setting up any defense to an action on an official bond that could not be set up by the principal does not render such sureties liable for penalties imposed on officers for neglect of duties. State v. Flynn, 157 Ind. 52.

ARTICLE 2.-COMMISSIONS, CERTIFICATES AND RESIGNATIONS.

SEC.

SEC.

7574b. Beginning of terms of certain offi- 7574c. Vacancy, term of appointee.

cers.

[Acts 1903, p. 24. In force April 23, 1903.]

7574b. Beginning of terms of certain officers.-1. That the terms of office of all judges of circuit, superior and criminal courts in this state, of all prosecuting attorneys and of all county auditors, county treasurers, clerks of the circuit court, county sheriffs, county recorders. county assessors, county coroners and county surveyors, hereafter elected in this state, shall begin on the first day of January next succeeding their election: Provided, That in all cases where persons were elected to any of said offices at the general election in November, 1900, for a term of four years, whose term of office did not begin until after January 1, 1901, and in all cases where persons were elected to any of said offices at the general election in November, 1902, for a term of two years, whose terms of office did not begin until after January 1, 1903, no successors to such officers shall be elected until the general election in the year 1906. In all cases where persons were elected to any of said offices at the general election in November, 1900, for a term of six years, whose terms of office did not begin until after January 1, 1901, and in all cases where persons were elected to any of said offices at the general election in November, 1902, for a term of four years, whose terms of office did not begin until after January 1, 1903, no successors to such officers shall be elected until the general election in the year 1908. In all cases where persons were elected to any of said offices at the general election in November, 1902, for a term of six years, whose terms of office did not begin until after January 1, 1903, no successors to such officers shall be elected until the general election in the year 1910.

This act supersedes section 7574b, Burns' R. S. 1901, it being the act of 1901 fixing the beginning of the terms of certain county officers, such act being repealed by the act of 1903, Acts 1903, p. 32, but it is provided that such repeal should not affect any officers except the clerks of circuit courts, and the election of such clerks in 1902 is legalized.

When the constitution fixes the term of an office, and such term will end before the next general election, the time for the election of the successor of such officer can not be postponed beyond such election. Gemmer v. State, 163 Ind. 150.

7574c. Vacancy, term of appointee.-2. In all cases where vacancies. occur in any of said offices, by reason of the death or resignation of any such officer, or by reason of the expiration of his term of office, or in any other manner, before January 1, 1904, and a successor is appointed to fill such vacancy, such appointee shall hold his office by virtue of such appointment only until January 1, 1904, and if any vacancies should occur in any of said offices after January 1, 1904, and such vacancies are filled by appointment, such appointees shall hold until the first day of January next succeeding the next general election held after such appointment.

ARTICLE 5.-OFFICIAL REPORTS.

SEC.

7591a. Reports by institutions receiving appropriations.

[Acts 1905, p. 112. In force April 15, 1905.]

7591a. Reports by institutions receiving appropriations.-1. That it shall be the duty of every state institution, office, board, bureau, society, commission or other organization which receives an appropriation from the state, to furnish to the governor of the state of Indiana, within six days after each general election in November, such information in relation to the management, control, receipts, expenditures and needs of such state institution, office, board, bureau, society, commission or other organization as such governor may require and in such form as said governor may prescribe and to furnish plans and reliable estimates for all improvements for which appropriations are to be requested from the next succeeding general assembly of said state.

ARTICLE 6.-OFFICIAL PRINTING.

SEC.

7594. Commissioners of public printing.

[Acts 1905, p. 143. In force April 15, 1905.]

7594. Commissioners of public printing.-1. That the governor, secretary of state, auditor of state and reporter of the supreme court shall be ex officio commissioners of the public printing, binding and stationery. Said commissioners shall require and cause the public printing and binding to be performed in the manner provided by law, and within the time prescribed by the contract executed by the contractor to whom such printing and binding may be let, and according to the terms and provisions of such contract.

This act amends. section 7594, Burns' R. S. 1901.

By act of 1903, Acts 1903, p. 224, the board of public printing was required to procure a special type to be used in printing engrossed and enrolled bills that originate in the general assembly, but such act was repealed by the act of 1905, Acts 1905, p. 3.

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