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 I. 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 All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage.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 PHYSICIANS AND SURGEONS TO PRACTICE IN THE TERRITORY OF NEW MEXICO, TO ESTABLISH A BOARD OF OSTEOPATHY, TO REGULATE THE PRACTICE OF OSTEOPATHY AND TO PUNISH ALL PERSONS VIOLATING THE PROVISIONS OF THIS ACT." A. C. B. No. 82; Approved March 14, 1905.

CONTENTS.

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. Penalty for violations of act.

Sec. 8.

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.

The 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 qualifications 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 the payment of a fee of twenty-five ($25.00) dollars, make application for a certificate to practice osteopathy to the board of osteopathy, on a form prescribed by the board, i. e.,

Ist, Evidence of good moral character; 2nd, preliminary education equal to a high-school diploma or teacher's certificate; 3rd, the name of the school or college of osteopathy from which he or she was graduated, and which shall have been in good repute as such at the time of the issuing of their diploma, as determined by the board; 4th, the date of their diploma and evidence that such diploma was granted on personal attendance and completion of a course of study of not less than three full terms of nine months each in three separate years: Provided, However, That the board may in its discretion receive applications for the examination from osteopaths who have graduated from a reputable osteopathic college of not less than two years course and furnishing evidence of field practice of not less than one year, and such other information as the board may require. And such applicant shall at the regular meeting of the board, submit to an examination in the following branches, to-wit: Anatomy, physiology, chemistry, and texicology, pathology, gvnocology, obstetrics, diagnosis, hygiene, dietetics, surgery and theory and practice of osteopathy and such other subjects as the board may require.

The person receiving said certificate shall have same recorded in the office of the probate clerk of the county in which he or she intends to practice, and shall pay a fee of one dollar and fifty cents ($1.50) and the record shall be endorsed thereon. In case a person removes to another county to practice, the holder shall record his certificate in like manner in the county to which he or she removes.

Sec. 8. Any person practicing osteopathy within the territory without first having obtained the certificate herein provided for, or contrary to the provisions of this act, or who, for the purpose of obtaining such license, shall falsely represent himself or herself to be the holder of a diploma as herein provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars or by imprisonment in the county jail for a period of not more than ninety days for each and every offense.

Sec. 9. This act shall take effect and be enforced from and after its passage and all acts and parts of acts in conflict herewith are hereby repealed.

CHAPTER 69.

AN ACT TO AMEND SECTION 2608, OF THE COMPILED LAWS OF THE TERRITORY OF NEW MEXICO OF 1897. A. C. B. No. 15; Approved March 14, 1905.

Sec.

I.

CONTENTS.

Section 2608, Compiled Laws of 1897, relating to the appointment and terms of the territorial treasurer and auditor, amended. Treasurer and auditor to keep office at seat of government. How appointed and term of office. Bond.

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

Section 1. That Section 2608 of the Compiled Laws of the Territory of New Mexico be and the same is hereby amended so as to read as follows:

"Section 2608. The territorial treasurer and the auditor of public accounts of the territory shall keep their offices at the seat of government of the territory. They shall be nominated by and with the consent of the legislative council, appointed by the governor and shall hold their offices for and during the term of two years, and until their successors are appointed and qualified. They shall, before entering upon the discharge of their duties, respectively, execute and deliver to the secretary of the territory a bond to the territory in the sum of three hundred thousand dollars for the treasurer, and twenty-five thousand dollars for the auditor of public accounts, with good and sufficient sureties and as now provided by law, to be approved by the governor and conditioned for the faithful discharge of the duties required or which may be required of them by law. The approval of the governor and the date thereof shall be endorsed on the bond. Said bond to be given within

twenty days after the appointment is made."

Sec. 2.

That all acts and parts of acts in conflict herewith

are hereby repealed and this act shall be in force and effect

thirty days after its passage.

CHAPTER 70.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH AN INSURANCE DEPARTMENT IN THE TERRITORY OF NEW MEXICO AND TO REGULATE INSURANCE COMPANIES DOING BUSINESS THEREIN," APPROVED FEBRUARY 9, 1905. C. B. No. 123; Approved March 14, 1905.

CONTENTS.

Sec.

Sec.

1. Section 9, Chapter 5, Laws of 1905, amended. Word "Superintendent" substituted for word "Commissioner."

2.

Section 11, Chapter 5, Laws of 1905, regarding fees to be paid to insurance department, amended. Insurance companies to pay annually a per cent. on gross amount of premiums received.

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

Section 1. That Section 9 of an Act entitled "An Act to establish an Insurance Department in the Territory of New Mexico and to regulate insurance companies doing business therein," being House Bill No. 73 of the Legislative Assembly of the Territory of New Mexico, approved February 9, 1905, be and the same hereby is amended by striking out the word "commissioner" wherever it appears in said section and inserting in lieu thereof the word "superintendent."

Sec. 2. That the second sentence of Section II of said act be and the same hereby is amended so as to read as follows: "All insurance companies, partnerships or associations engaged in the transaction of the business of insurance in this territory shall annually on or before the first day of February in each year, pay to the superintendent of insurance two per centum on the gross amount of premiums received or written within this territory during the year ending the previous 31st day of December; and insurance companies shall be subject to no other taxation than herein provided except upon real estate.' Sec. 3. This act shall be in full force and effect from and after its passage.