dence satisfactory to it, license any reputable person who is a graduate of a medical college in good standing, as defined by this act, to practice medicine, surgery and obstetrics in New Mexico. A medical college in good standing for the purposes of this act is declared to be one of at least ten years continuous existence, one which now requires a high school certificate or its equivalent, for admission to it, and one which now or hereafter requires an attendance on, and gives, four full courses in four separate years, and one which has ample clinical facilities such as are furnished in large cities. And said board shall at its December meeting in each year prepare and cause to be printed and distributed for the information of those interested, a copy of this law and a list of the medical colleges in the United States of America recognized by it to be in good standing under this section. And such board shall recognize any honorary or emeritus degree conferred upon any eminent foreigner by any such college as fully and to the same extent as if the applicant were a regular graduate thereof. The president and secretary of said board shall be and are hereby empowered to administer oaths to applicants and all witnesses and others appearing before said board in any application or proceeding provided for herein, and any person making a false oath or affidavit before said board, shall be guilty of perjury, and be subject to punishment for that crime. The secretary of said board shall issue a temporary license to any person complying with the provisions of this act, who has paid the fee to the secretary. Sec. 4. Every person holding a certificate of said board of health, shall have the same recorded in a book provided for that purpose in the office of the probate clerk of the county wherein the practitioner resides, within thirty days after said certificate is issued, and the date of the recording shall be endorsed on said certificate. Said certificate, or a copy of the registration, must be again recorded in any county to which the practitioner may remove permanently. And the fact that no such certificate shall be found recorded in the county where any person is practicing or offering to practice medicine shall be accepted by the court as prima facie evidence that no such certificate has been issued, and shall throw the burden of proving that he has a certificate upon the defendant in any suit or prosecution begun against him for the violation of the provisions of this act. Sec. 5. It is hereby made the duty of this board to refuse to license any person guilty of immoral, dishonorable or unprofessional conduct, and said board shall also revoke and annul any certificate, which has been issued by said board, or by any previous board, upon satisfactory proof being made to the said board, that the holder of said certificate or diploma has been guilty of immoral, dishonorable or unprofessional conduct. Five days' notice shall be given in writing to the person accused of improper conduct with a copy of the charge against him, requiring him on a day named to appear before the board, and show cause why his license should not be revoked or cancelled. When any such license has been revoked or cancelled by said board, the said board shall send notice in writing under the hand of the secretary, which notice shall be filed for record and recorded in the book in which the physicians' licenses are recorded, in the office of the probate clerk of the county in which the person, whose license has been revoked, resides. Any person whose certificate has been revoked or cancelled by said board, under the provisions of this act, who shall hereafter practice or attempt or offer to practice medicine in New Mexico, shall thereby become guilty of a misdemeanor and shall be punished as provided in section 9 of this act. Sec. 6. For the purposes of this act the words "practice of medicine" shall mean to open an office for such purpose or to announce to the public or to any individual in any way, a desire or willingness or readiness to treat the sick or afflicted, or investigate or diagnose, or offer to investigate or diagnose, any physical or medical ailment or disease of any person, or to suggest, recommend, prescribe or direct, for the use of any person, any drug, medicine, appliance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure, or relief, of any wound, fracture or bodily injury or deformity, after having received, or with the intent of receiving therefor, either directly or indirectly, any bonus, gift or compensation. Provided, that nothing in this act shall be construed to prohibit gratuitous services in cases of emergency, or the domestic administration of family remedies, or women from practicing midwifery, and this act shall not apply to surgeons of the United States in the discharge of their official duties. Sec. 7. Each applicant for a license to practice medicine in New Mexico shall pay to the secretary of this board a fee of twenty-five dollars ($25.00). Sec. 8. Any vender, except licensed druggists, of any drug, nostrum, ointment or appliance of any kind intended for the treatment of disease or injury or who shall, by writing or printing, or any other method, profess to cure or treat disease or deformity by any drug, nostrum, manipulation or other expedient, shall pay a license of one hundred dollars ($100.00) per month into the treasury of said board, upon which said payment, such vender shall be licensed by said board to sell drugs, nostrum, medicines and ointments. And any person so vending or attempting to sell either from his home or office or from vehicles or by travelling through the country, on foot or horseback, any such drugs, medicines or ointments, without paying such license, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100.00) or imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court. Sec. 9. Upon payment to the board of the fees provided for in section 7 of this act said board may grant licenses to licentiates of other states and territories, which have like requirements as this act provides for, and when said states and territories also honor our licenses or certificates, to the same extent as they now recognize our licenses and no further. Any person who shall practice medicine, or attempt to practice medicine, without first complying with the provisions of this law, and without being the holder of a certificate entitling him to practice medicine in New Mexico, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court. Sec. 10. One-half of every fine collected under the provisions of this act, shall go and be paid by the court in which conviction is had, to the sheriff, deputy sheriff, constable or other person who makes complaint, and arrests and causes to be prosecuted, the person so convicted. The other half of all such fines and all fees herein provided to be paid, shall go and be the property of the said board of health and shall be by the treasurer of said board kept in some bank designated by said board. He shall give bond to the board in the sum of one thousand dollars ($1,000.00) conditioned for the faithful performance of his duty as treasurer, and that he shall pay over any and all sums of money received by him as such upon the proper order therefor. Such bond shall be given by some fidelity or surety company authorized to do business in this territory, and the premium paid therefor, shall be paid by the board as one of its necessary expenses. All the expenses of the members of said board necessarily and properly incurred in attending the sessions of said board, and for necessary supplies, shall be paid out of the said fund upon the order of the president and the secretary of said board. The treasurer of the board shall keep a correct and itemized account of all moneys received, and disbursed, and shall make a report to the board at each meeting. The secretary of said board is required to report the doings and proceedings of said board, together with the amount of all moneys by it received and disbursed, and on what account, with items, on the first day of December in each year, to the governor of New Mexico. Sec. 11. Said board of health is hereby authorized and empowered to make all necessary rules and regulations for carrying out the provisions of this act. Sec. 12. Section 3 of chapter 18 of the Session Laws of 1901, and all acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force thirty days after its passage. CHAPTER 41. AN ACT PROVIDING THE PROCEDURE BY WHICH CITIES SHALL OBTAIN TITLE TO PRIVATE PROPERTY BY CONDEMNATION. Sec. 1. C. B. No. 32; Approved March 12, 1903. CONTENTS. Sub-section 92nd, section 2402, Compiled Laws of 1897, regarding proceedings to obtain condemnation, Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That section 2 of chapter 3 of the Acts of the Legislative Assembly of the year 1891, being sub-section ninety-second of section 2402 of the Compiled Laws of 1897, be and it is hereby amended so as to read as follows: "Ninety-second. That proceedings to obtain such condemnation shall be in all respects the same as now provided by law for the condemnation of land for railroad purposes." CHAPTER 42. AN ACT EMPOWERING CITIES TO GRADE AND IMPROVE STREETS AND ASSESS THE COST THEREOF AGAINST ABUTTING PROPERTY. A. C. B. No. 31; Approved March 12, 1903: CONTENTS. Sec. 1. City councils and boards of trustees of towns and villages to have power to order improvement of streets. Engineer to make estimate of cost. Secs. 2 and 3. Engineer to file report Owners of property may appear before council or board of trustees. Notice of meeting to be published. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Council or board of trustees to advertise for bids, and let contract. Assessment on abutting property to be a lien on same. Claim of lien to be Lien to bear interest. May be sold, assigned or foreclosed. Destruction of buildings. Must be approved by district judge. Compensation. Sec. 9. Sub-section 82nd, section 2402, Compiled Laws of 1897, regarding levying of assessments for street improvements, Repealed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That whenever the city council of any city, whether incorporated under general or special laws, or the board of trustees of any town or village in the Territory of New Mexico shall be of the opinion that the interests of said city require that any street or alley, or any part thereof, within the limits of said city, be graded, gravelled, paved, macadamized or in any manner improved, such city council or board of trustees shall make a provisional order to the effect that such street or alley or part thereof shall be so graded, gravelled, paved, macadamized or improved, and shall order the city engineer, or some other competent engineer, to cross-section said street or alley or part thereof and to make an estimate of the total cost thereof, and an estimate of the number of cubic yards of material necessary to be used in the grading thereof, or to be excavated therefrom. Sec. 2. Upon the filing of the report of such engineer, said city council or board of trustees shall set a time and place at which the owners of property abutting on such street or alley or part thereof so to be improved, or any other persons interested therein, may appear before said city council or board of trustees and be heard as to the propriety and advisability of making such improvements, and as to the cost thereof, and as to the manner of payment therefor, and as to the amount thereof to be assessed against the property abutting thereon. Five days' notice in writing of such time and place shall be given to such property owners, which shall be served by delivering a copy thereof to each of such property owners, if he can be found within said city, town or village, otherwise by delivering a copy thereof to some person residing on such property, or by posting a copy thereof on such abutting property; and notice of the time and place of such hearing shall also be given by publication in some newspaper published in said city, town or village at least three weeks prior to the time thereof; and the officer serving such notices shall make return of the manner of making the same, which shall be filed with the city clerk of said city or recorder of said town or village. Sec. 3. At the time and place so fixed as aforesaid, any |