will truly and faithfully account for and pay out said money or funds as herein provided.

Section 9. This Act shall take effect and be in force on and after its passage and approval.

An Act to make Legal and Valid Coupon Bonds of Cascade County, Montana, to the amount of $130,000.00, of date July 1st, 1891, and Payable July 1st, 1901.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION 1.

That those certain coupon bonds issued by the County of Cascade in the State of Montana to the amount of One Hundred and Thirty Thousand ($130,000.00) Dollars, of date July 1st, 1901, [1891], bearing interest at the rate of seven per cent. per annum, due and payable on the first day of July, 1901, and sold and delivered by said County of Cascade to N. W. Harris & Company of Chicago, Illinois, said bonds being issued for the following purposes, to-wit:

$30,000.00 for the purpose of building a bridge across the Missouri River,between Cascade and St. Clair, in said Cascade County, State of Montana:

$45,000.00 for the purpose of purchasing the bridge already built across the Missouri River at Great Falls, in said Cascade County, State of Montana:

$35,000.00 for the purpose of building a bridge across the Missouri River at or near the intersection of said river and Fifteenth Street, in the City of Great Falls, in said Cascade County, State of Montana:

$20,000.00 for the purpose of buying a site for a court-house for said. county of Cascade, Montana: are hereby declared to be legal and valid in all respects, notwithstanding any defect, omission or irregularity in the issue or sale thereof, and the Acts of said Cascade County in issuing and selling said bonds, are hereby fully approved, ratified and confirmed.

SECTION 2.

The Board of Commissioners of Cascade County is hereby empowered and authorized to issue on the credit of the county of Cascade, Montana, coupon bonds to an amount sufficient to redeem said outstanding bonds, of date July 1st, 1891. and payable July 1st, 1901.

SECTION 3.

This Act shall be in force and effect from and after its passage and approval by the Governor.

Approved March 7th 1901.

HOUSE BILL NO. 38.

An Act, entitled "An Act to regulate the practice of Osteopathy in the State of Montana, and to license Osteopaths to practice in this State, and to establish a Board of Osteopathic Examiners, and to punish persons violating the provisions of this Act."

Be it enacted by the Legislative Assembly of the State of Montana, as follows:

Section 1. The governor of this State shall appoint a Board as soon as possible after the passage of this Act, to be known as the State Board of Osteopathic Examiners. Said Board shall consist of three qualified practising resident osteopaths, each of whom shall be a graduate of a legally authorized school of osteopathy; each member of said Board shall serve thereon for a term of four years, and until his successor is appointed, except in case of the first Board, on which one shall serve for four years, one for three years, and one for two years, as specified in their appointment. In case of vacancy by death or otherwise, there shall be appointed in like manner a person to serve through such unexpired term.

Section 2. Said Board of Osteopathic Examiners shall elect a President, a Secretary, and treasurer at the first Tuesday in March, each year, from among their number, and shall have a common sea!. and its President and Secretary shall have power to administer oaths. Said Board shall hold meetings for the examinations at the State Capital on the first Tuesday in March and September of each year and such other meetings as may be deemed necessary, each session thereof not to exceed three days, and shall issue certificates of qualification to all

applicants having a diploma from a legalized, recognized and regularly conducted school of osteopathy as such, at the time it was issued, or who pass the required examination as provided by section four of this Act. Said certificates shall be signed by the President and Secretary of said Board, and attested by its seal, and shall be conclusive of the right of the lawful holder thereof to practice osteopathy in this State. Said Board shall keep a record of all proceedings; also a register of all applicants for a license, together with his or her name and age and time spent in the study and practice of osteopathy; and the name and location of the school or institute of osteopathy from which said applicant holds a diploma; and shall keep a register which shall show the names of all applicants licensed; or that are rejected under this Act. Said book shall be prima facie evidence of all matters recorded therein.

Section 3. It shall be unlawful for any person to practice osteopathy in this State without a license from said Board; provided that all persons practising osteopathy within this State prior to the passage of this Act, and holding a diploma from a legally authorized school of osteopathy of good repute as such and wherein the course of study comprises twenty months or four terms of five months each, and shall have been in personal attendance at said school not less than eighty per cent of the required time, may be licensed to practice osteopathy in this State by submitting to said Board of Osteopathic Examiners such a diploma and satisfying such Board that they are the legal holders thereof, or by undergoing an individual examination as hereinafter provided, at a regular meeting of said Board for examination. The fee for such license shall be twenty dollars, payable to the Secretary of said Board of Examiners when application is made for certificates, provided that in case of failure of an applicant to pass a satisfactory examination, he will be entitled to a second examination without charge at the next succeeding meeting of the Board.

Section 4. The Secretary of the Board of Osteopathic Examiners may, upon examination, grant a certificate to an applicant to practice osteopathy until the next meeting of said Board when he shall report the facts, at which time the temporary certificate shall expire, but such temporary certificate shall not be granted by the Secretary of said Board after the Board has once rejected the applicant.

Section 5. All persons, after March first, nineteen hundred and. one, commencing the practice of osteopathy in this State, in any of its branches, shall apply to said Board for a license to do so, and such applicant at the time and place designated by said Board, shall submit

to an examination in the following branches, to-wit: anatomy, physiology, chemistry, pathology, gynecology, obstetrics, and theory and practice of osteopathy, and such other branches as are taught in well regulated and recognized schools of osteopathy and deemed advisable by said Board, and shall present evidence of having actually attended for at least twenty months, or four terms of five months each a legally authorized and regularly conducted school of osteopathy, recognized by said Board of Osteopathic Examiners.

All examination papers on subjects peculiar to osteopathy shall be examined, and their sufficiency passed upon by the members of said Board, whose decision shall be final thereon subject however to the right of appeal which appeal shall be to the district court of the county in which the examination is held and said district court shall review such examination without a jury and shall have the right to take testimony thereon and the decision of such district court shall be also subject to the right of appeal to the Supreme Court by any persons aggrieved thereby and upon such appeal the Supreme Court shall have the right to consider questions of both law and fact, and said Board shall cause. such examination to be scientific and practical but of sufficient severity to test the candidate's fitness to practice osteopathy. After examination, the Board shall grant a license to such applicants as shall pass the examination to practice osteopathy in the State of Montana, which license shall be granted by not less than two members of such Board, and attested by the seal thereof. For the support and maintenance of said Board, the fee for such examination and license shall be twenty dollars which shall be paid in advance to the Secretary of said Board, to defray the expenses thereof.

Section 6. The certificate provided for in Section five of this Act shall not authorize the holder thereof to prescribe or use drugs in the practice of osteopathy, for [or] to perform major or operative surgery; And any person holding certificate under this Act, who shall prescribe or use drugs in the practice of osteopathy, or who shall perform major. minor or operative surgery, shall be deemed guilty of a misdemeanor; provided, that nothing in this Act shall be so construed as to prohibit any legalized osteopath in this State from practising major or operative surgery after having passed a satisfactory examination in surgery before. the State Board of Medical Examiners of the State of Montana.

Section 7. The person receiving such license shall have it recorded in the office of the County Clerk in the County in which he or she resides, and the record shall be endorsed thereon. In case the person

so licensed shall remove to another county to practice, the holder shall record the license in a like manner in the county into which he or she removed; and the county clerk is entitled to charge and receive the usual fee for making such record.

Section 8. Any person practising osteopathy in this State without first having obtained a license 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 therefor [thereof], shall be punished by fine of not less than fifty dollars, nor more than one hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days for each and every such offense. It shall be the duty of the respective county attorneys to prosecute violations of this Act.

Section 9. Any such certificate may be revoked by said Board, upon satisfactory proof of fraud, or misrepresentation in procuring the same, or for any violation of the provisions of this certificate, or any gross immorality by the holder thereof.

Section 10. Out of the funds, coming into the possession of said Board each of the members of said Board may receive as compensation the sum of five dollars for each day actually engaged in the duties of their office, together with all legitimate and necessary expenses incurred in attending the meetings of said Board. No part of the compensation or other expenses of said Board shall be paid out of the State Treasury. The fees coming into the Treasury of said Board shall be paid out upon a warrant of the president and secretary thereof in payment of the compensation and expenses of said Board in carrying out the provisions of this Act. Said Board shall make an annual report of its proceedings to the Governor of the State for the year ending on the thirty-first day of December preceding the making of said report. Said report shall be filed with the Governor on or before the fifteenth day of January of each year.

Section 11. The system, method, or science of treating diseases of the human body commonly known as osteopathy is hereby declared not to be the practice of medicine, or surgery within the meaning of sections 600, 601, 602, 603, 604, 605, 606, 607 and 608, Chapter 16, Part III, Title I, of the Political Code of the State of Montana, and Sections 706, Title 10 of the Penal Code of the State of Montana, and not subject to the provisions of said sections.