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a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00).”
“Section 3725. Any person who shall procure or attempt to procure, registration for himself or for another under this act by making or causing to be made false representations, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a penalty of not less than one hundred dollars, nor more than two hundred dollars, or imprisonment in the county jail for not less than one month, nor more than three months, or both fine and imprisonment, in the discretion of the court, and his namę, together with the name of the person so registered, shall be stricken from the register.
“Section 3726. Any person not a registered pharmacist, as provided in this act, who shall conduct a store, or a pharmacy, or place for retailing, compounding or dispensing drugs, medicines or poisons, or chemicals, for medical use, or for compounding or dispensing physician's prescriptions in the Territory of New Mexico, or who shall take, use or exhibit the title of registered pharmacist, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be liable to a penalty of not less than one hundred dollars, nor more than two hundred dollars, or imprisonment in the county jail for not less than one month, nor more than three months, or both fine and imprisonment, in the discretion of the court, and upon any second conviction or proof thereof, shall be fined in a sum of not less than two hundred dollars, nor more than four hundred dollars, 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, and any member of the board of pharmacy is here. by empowered and authorized to demand and inspect any prescription, prescription file, or poison register, in any drug store, pharmacy, or other store in the Territory of New Mexico; Provided, That any person or persons not a registered pharmacist may own and conduct said store if he or they constantly keep a registered pharmacist employed; Provided, That this act shall not apply to physicians putting up their own prescriptions, nor to the sale of patent or proprietary medicines, nor to the sale of those articles commonly known as grocer's drugs, as determined by the pure food commission not to be drugs, except those articles that are designated poisons, under the law known as the New Mexico Poison law; nor to any regular licensed physician in the Territory of New Mexico engaged in the drug business in towns and cities situated twenty miles or more from a regular licensed pharmacist engaged in the drug business; Provided, further, That this law is not to be construed so as to prevent ranchmen or miners, not within reach of a store or place where drugs are sold, from dispensing medicines to their families or employes.”
“Section 3727. If any registered pharmacist shall go out of the drug business, and remain out for a period of twelve months, his certificate as registered pharmacist shall there. upon expire, and he shall not be re-instated without examina. tion, unless that he has been continuously engaged as a registered pharmacist, and that his original certificate was granted after examination by the said New Mexico Board of Pharmacy.
“Sec. 3728. All suits for recovery of the several penalties prescribed in this act shall be prosecuted in the name of the Territory of New Mexico, in any court having jurisdiction, and it shall be the duty of the prosecuting attorney of the district, in which such offense is committed, to prosecute all persons violating the provisions of this act, upon proper complaint being made, and the prosecuting attorney shall be allowed the sum of ten dollars ($10) as fees in each case which he prosecutes, to be paid as other district attorney's fees are now paid."
Upon conviction of either of the offenses mentioned in this act, the court shall, as a part of the judgment, order that the defendant be committed to the common jail of the county until the fine and costs are paid, and upon failure to pay the same immediately, the defendant shall be committed under said order; Provided, That either party may appeal in the same time and manner as appeals may be taken in other cases, except that when an appeal is prayed in behalf of the Territory, no appeal bond shall be required to be filed, whether the appeal be from a justice of the peace, or from the district, county or circuit court, or from the appellate court, but it shall be sufficient in behalf of the Territory of New Mexico for the use of the board of pharmacy to pray an appeal, and thereupon appeal may be had without bond security.
All penalties collected under the provisions of this act shall inure to the expense fund of the board of pharmacy.”
"Section 3729. The meetings of the board of pharmacy shall be open to registered pharmacists, who shall be permitted to be present at the examination of applicants for registration, and the secretary of the said board of pharmacy shall render an accurate annual statement to the Governor of the Territory, of all moneys received and expended by said board during each year, and he shall also report upon the general condition of pharmacy throughout the Territory.”
“Section 3730. Any member of the board of pharmacy who shall violate auy of the provisions of this act, or who shall neglect or refuse to report any of the violations of the provisions of this act that may be within his knowledge, without delay, shall be removed from office by the governor upon such showing as may be deemed satisfactory by the executive, and such vacancies shall be filled by the governor as now provided by law."
"Section 3731. The board of pharmacy is hereby given authority to refuse to register any otherwise qualified pharmacist upon sufficient evidence that the said applicant is addicted to the use of morphine, cocaine, or narcotic of any kind, or that he is an habitual drunkard, and the board shall revoke the certificate of any registered pharmacist upon satisfactory evidence that the said pharmacist is addicted to the use of said drug or has becomean habitual drunkard. Provided: That, no such certificate shall be revoked, except upon ten days written notice to the person whose certificate is sought to be revoked, and any person whose certificate is thus revoked shall have the right to appeal from such action by said board to the district court."
Sec. 2. This act shall be in force and effect from and after the date of its passage and all laws and parts of laws in conflict with this act are hereby repealed.
AN ACT TO VALIDATE THE ACTS OF THE OFFICERS OF THE DE.
FACTO MUNICIPALITY OF GALLUP, AND FOR OTHER PUR-
Sec. 1. Making Valid acts of officers of Municipality of Gallup.
registration Whereas, On the 6th day of March, 1906, the board of trustees of the town of Gallup passed an ordinance No. 95 of the said town, purporting to divide the said town into wards and to call an election for officers consisting of a mayor, clerk treasurer, board of trustees, eight members of the board of aldermen and eight members of the board of education, to administer the municipal affairs of the said corporation for the period of two (2) years then next ensuing after such election; and,
Whereas, An election was held in pursuance of the provisions of said ordinance and certain persons were chosen to fill the offices mentioned in the said ordinance by the electors of the town of Gallup; and,
Whereas, The persons so chosen were installed in office and have administered the municipal affairs of the said corporation up to the passage of this act; and,
Whereas, The passage of said ordinance No. 95 and all things done in pursuance thereof, was and were irregular and not in strict accordance with the law;
Now, therefore, and to the end that all official acts of the said persons may be validated and placed beyond question or controversy, and that the affairs of the town of Gallup may be hereafter administered in strict accordance with the provisions of the general laws of this Territory; Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That all acts done and performed, or to be done and performed, in the name of the municipality of Gallup up to the installation of the officers elected as hereinafter provided, by any person or persons claiming to be officers of said municipality by reason of an election held in pursuance of the provisions of ordinance No. 95 of the town of Gallup in the month of April, 1906, he, and the same hereby are, declared to be in all respects valid and binding to the same extent and with the same effect as if the said ordinance had been duly and legally passed, and the said election had been in all respects in conformity to the laws of the Territory of New Mexico.
Sec. 2. That an election shall be held by the qualified electors of the town of Gallup on the 9th day of April, 1907, for the election of five town trustees, one town treasurer, and three members of the board of education, and that the officers so elected shall administer the affairs of the said municipality until their successors are elected and qualified at a general election held on the first Tuesday in April, 1908, and when so elected and qualified, that the terms of office of all persons claiming to be officers of the said town by virtue of the election aforesaid shall cease and determine, and all money, property and records belonging to the said municipality shall be delivered to and retained by the persons elected under the provisions of this section for the purposes of the municipality, and shall be by such persons turned over and delivered to their successors in office when chosen as herein provided.
Sec. 3. That at the general election for town officers to be held in the year 1908, the town of Gallup shall, in accordance with existing laws, choose town officers in the manner and for the time prescribed by law, and such officials when so chosen shall hold office for the period now prescribed by law: Provided, That nothing herein contained shall be construed to prevent the town of Gallup changing its municipal organi. zation at any time, upon compliance with general laws now in force regulating such change.
Sec. 4. That officers of election and registration shall be chosen and appointed by the body known as the board of aldermen of Gallup to hold the election hereinbefore provided to be held on the 9th day of April, 1907, and such election shall, so far as may be, be held in accordance with the general laws of the Territory of New Mexico; Provided, That
; the said board of aldermen may in their discretion shorten the period for registration of voters, if there be not sufficient time between the time of the passage of this act and the hold. ing of said election to allow the full period of registration required by law.
Sec. 5. That all acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage.
AN ACT REPEALING SECTION 8, CHAPTER 48, OF THE SESSION
LAWS OF 1903. C. B. No. 98; Approved March 21, 1907.
Sec. 1. Repealing Sec. 8, Chap. 48, Laws of :903.
Sec. 2. This act shall be in full force and effect from and after its passage.