lows: "Any officer of the National Guard of New Mexico who has reached the age of 64 years shall be advanced one grade and shall be placed upon the retired list by the order of the Commander in Chief. Any commissioned officer who has served as an officer in the National Guard for a period of twenty years shall be advanced one grade and shall be placed upon the retired list by the order of the Commander in Chief."

Sec. 2. Section 30 of Chapter 101 of the Acts of the Legislative Assembly of New Mexico, 1905, is hereby amended by striking out the following words: "Colonels and majors of separate battalions or squadrons shall be elected by the field officers and captains of the regiments, separate battalion, or squadron."

Sec. 3. Section 31 of Chapter 101 of the Acts of the Legislative Assembly of the Territory of New Mexico, 1905, is hereby amended by adding the following provision: "Provided, That hereafter all promotions to the rank of field officers shall be made from the line officers by seniority and all promotions must be made in the branch of the service in which the officer promoted is serving; Provided, That no officer shall lose his seniority if temporarily transferred to another branch of the service."

Sec. 4. Section 69 of Article 9 of the Acts of the Legislative Assembly of the Territory of New Mexico 1905 is here. by amended so as to read as follows: "Each officer and enlisted man ordered for duty by the governor or under his authority by the commanding officer of the national guard shall receive the duty pay herein specified for every day actually on duty, except when so ordered for inspection, muster or small arms practice, or parade or review or field service not extending beyond one day.

When on duty or assembled therefor in case of riot, tumult, breach of the peace, insurrection, invasion or war, and whenever called in aid of the civil authorities all enlisted men shall receive two dollars per day and officers shall receive regular United States Army pay for officers of like grade for their services, and when engaged in actual field or camp service for instruction or as contemplated in Section 14 of the Act of Congress, approved January 21st, 1903 commissioned officers shall receive United States Army pay for officers of like grade and enlisted men shall receive one dollar per day for their services."

Acts of the Legis

Sec. 5. Section 10 of Article 1 of the lative Assembly of the Territory of New Mexico 1905 is hereby mended by striking out the words, "the mayor or supervisor," in lines 3 and 4 of the printed laws.

Sec. 6. Section 56 Article 5 of Chapter 101 of the Acts of the Legislative Assembly of the Territory of New Mexico 1905 is hereby amended by striking out the words "a justice of the supreme court, a county judge or recorder, or city judge of a city, or sheriff of a county, or mayor of a city," in lines 1, 2 and 3 of the printed laws, and substituting therefor the words "a sheriff of a county."

Sec. 7. Section 2 of Chapter 116 of the acts of the Legislative Assembly of the Territory of New Mexico 1905 is hereby amended by adding thereto the following provision: "Provided, That every member of the National Guard shall be exempt from jury service in the courts of this Territory provided he shall furnish the certificate of his immediate commanding officer that he has performed the duties required of him as required by his enlistment."

Sec. 8. This act shall take effect and be in force from and after its passage.

CHAPTER. 71.

AN ACT TO AMEND THE LAWS RELATIVE TO THE PRACTICE OF PHARMACY IN NEW MEXICO. H. B. No. 123; Approved March 21, 1907.

CONTENTS.

Sec. 1. Amending Sections 3717 to 3731, inclusive, Compiled Laws 1897.

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

Section 1. That Sections 3717 to 3731, both inclusive, be and the same hereby are, amended so as to read as follows:

"Section 3717. That from and after the passage of this act, it shall be unlawful for any person or persons not registered pharmacists within the meaning of this act, to conduct any drug store, pharmacy, apothecary shop, or store for the purpose of retailing, compounding, or dispensing medicines, physicians' prescriptions, selling, retailing or compounding poisons of any kind in the Territory of New Mexico, except as hereinafter provided."

"Section 3718. That it shall be unlawful for the proprietor or owner, or proprietors or owners, of any store, drug store or pharmacy, to allow any person, except a registered pharmacist, to compound, dispense, fill physicians' prescriptions, - sell or compound poisons, except as an aid to, and under the

immediate supervision of, a registered pharmacist. Any. person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall upon conviction be fined in a sum of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or imprisonment in the county jail for not less than one month nor more than two months, or both fine and imprisonment, at the discretion of the court, and, upon any second conviction or proof thereof, shall be fined in a sum not less than two hundred dollars ($200), nor more than four hundred dollars ($400), or imprisonment in the county jail for not less than three months, nor more than six months, or both fine and imprisonment, in the discretion of the court."

"Section 3719. The governor shall appoint five persons, all of whom shall have been residents of the Territory, and actively engaged in the drug business, for three or more years, and of at least eight years practical experience as druggists or pharmacists, who shall be known and styled, the Board of Pharmacy for the Territory of New Mexico, one of whom shall hold office for five years, one for four years, one for three years, one for two years and one for one year in the first instance; and thereafter, the governor shall annually appoint one person to serve as a member of the board for five years. The persons so appointed shall constitute the Board of Pharmacy, and shall hold office for the term for which they were appointed, or until their successors are duly appointed and qualified. They, the said board and each of them, shall, within ten days after their appointment, or being apprised of the same, take and subscribe the usual official oath, before a properly qualified officer of the county in which they reside. The said board shall organize within thirty days from and after their appointment and annually thereafter, by the election of a president and secretary. A majority of the board shall constitute a quorum for the transaction of business. Said board shall have power to make by-laws and all necessary regulations for the proper fulfillment of their duties under this act, without expense to the Territory. Any vacancy occuring in said board shall be filled by an appointment by the governor, for the unexpired term. Each member of the board shall be entitled to receive as compensation for his service the sum of five ($5) dollars per day while in actual session and for such time as is actually consumed in going to, and returning from, sessions of the board to his place of business, and also his actual expenses while en route to and from sessions, upon presentation of itemized account approved by a majority of the board; said accounts to be paid out of the treasury of the board;

Provided, That the re-enactment and amendment of said Section 3719 shall not be construed as creating a new board of pharmacy.

"Section 3720. The board of pharmacy shall register in a suitable book, a duplicate of which shall be kept in the office of the Secretary of the Territory, the names and places of residence of all persons to whom they issue certificates and the dates thereof. It shall be the duty of the said board of pharmacy to register, without examination, as registered pharmacists, all druggists and phamacists who are engaged in business in the Territory of New Mexico at the passage of this act, as owners, principals or clerks of stores for retailing, compounding or dispensing drugs, medicines or chemicals for medical use, of for compounding and dispensing physicians' prescriptions: Provided, No druggist's clerk shall be so registered unless he be twenty-one years of age and has been engaged in some store or pharmacy where physicians' prescriptions are compounded and dispensed, for the space of three years next preceeding the passage of this act. In case of failure or neglect of any person to apply for registration within sixty days after the organization of the said board of pharmacy, he shall have forfeited the right of registering without examination and shall only be registered after examination as set forth in Section 3721."

"Section 3721. The board of pharmacy shall, upon application, and at such time and place and in such manner as they may determine, examine each and every person who shall desire to conduct the business of selling at retail, compounding or dispensing drugs, medicines or chemicals for medical use, or compounding or dispensing physicians' prescriptions as pharmacists in the Territory of New Mexico, and if a majority of said board shall be satisfied that said applicant is competent and fully qualified to conduct said business of compounding or dispensing drugs, medicines or chemicals for medical use, or to compound and dispense physicians' prescriptions, they shall enter the name of such person as a registered pharmacist, in the book provided for in Section 3720. Provided, No such person shall be so registered unless he, or she, is not less than twenty one years of age, and shall have attended a high school for at least one full school year. The board of pharmacy shall issue an appropriate certificate to each person registered, which certificate must be conspicuor sly displayed in every store or place described in this section. Said certificate must be renewed on or before the first day of May in each and every year, and the board of pharmacy is hereby entitled to demand and receive the sum of three ($3.00) dollars for every certifi

cate of renewal issued under this section. Any one failing or refusing to pay said renewal fee within sixty days after the first of May in each and every year, shall have his certificate as a registered pharmacist revoked and shall not be re instated, except on a new application accompanied by the fee of ten ($10.00) dollars, payable to said board, and should he have been originally registered by priority of right and never have been examined by said board of pharmacy, it shall be necessary for him to appear before said board for examination, in compliance with Section 3721."

"Section 3722 The board of pharmacy shall be entitled to demand and receive from each person whom they register, upon application made under this law, the sum of ten dollars ($10.00), which shall be in full for all services, including two examinations, if necessary. In case the applicant shall prove defective and his examination unsatisfactory in the first instance, he shall be permitted to present himself for reexamination at the next regular meeting of the board, and no additional charge shall be made for said second examination, but should the applicant fail and a third examination be required, the said board shall be entitled to demand and received an additional fee of five dollars."

"Section 3723. The board of pharmacy shall hold semiannual sessions at such times and places as the board may determine, and other sessions of the board may also be held upon call of the president whenever and wherever a quorum of the board is present. In the interim of the sessions of the board, and upon satisfactory evidence of the fitness of an applicant, any one member of the board may, in his discretion, grant a temporary certificate, which shall authorize the holder to conduct a drug store or pharmacy as set forth in Section 3721. Said temporary certificate must be signed by the secretary and have the imprint of the seal of the board affixed and shall expire and terminate at the date of the next succeeding session of the board after the granting thereof."

"Section 3724. Every owner of a drug store in the Territory of New Mexico shall be held responsible for the quality of all drugs, chemicals and medicines he may sell or dispense, with the exceptions of those sold in the original package of the manufacturer, or by wholesale dealers, in original packages, and also those known as proprietary, or patent, medicines; and should he knowingly, intentionally or fraudulently adulterate, or cause to be adulterated, such drugs, chemicals or medicinal preparations, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, his license as a registered pharmacist shall be revoked, and he shall be liable, in addition to the revocation of his license, to