4243-4248 §§

[1899 S., p. 170. Approved February 27, 1899.]

And

Inspection. 1. That it shall not be 4243. Plans and specifications - Inspection. lawful for any Board of County Commissioners in this State to make any contract for the construction of any court house, jail, or other county or township building or monument until plans and specifications have been adopted by such Board and such plans and specifications have been deposited in the office of the Auditor of such county and open to the inspection of the people of such county for thirty days prior thereto. it shall not be lawful for such Board of County Commissioners to make any contract for the construction of any bridge until a survey, profile and general plan have been deposited by such Board in the office of the Auditor of such County and open to the inspection of the people of such county for two weeks prior to the letting of such contract. All contracts aftempted to be made in violation of this section shall be null and void. This act supersedes sections 4243 to 4248 inclusive Horner's R. S. 1897.

4244. Bids - Proviso. 2. When it shall become necessary for any Board of County Commissioners of any county in this State to contract for any court house, jail or other county or township building or monument and plans and specifications have been adopted and deposited in the office of the Auditor of such County and open to public inspection as aforesaid, the said Board shall not contract for or let the building of the same until it has advertised such letting and requested bids for the same for at least six weeks in at least one newspaper of general circulation in such county, if any is printed therein, and by posting up notices of such letting at the court house in snel county, and at five or more other public places in said county, giving for any such Board of County the time, place and terms of the same with reference to such plans and speciOr when it shall become necessary fications. contract for any bridge and such survey, profile and general Commissioners to not contract for or let plans have been adopted and deposited in the office of the Auditor of such County and open to public inspection, as aforesaid, the said Board shall

the building of the same until it has advertised such letting and requested bids for the same, for at least two weeks in at least one newspaper of general circulation in such county, if any is printed therein, and by posting up notice of such letting at the court house in such county, giving the time, place and terms of the same, with a reference to If full plans, specifications and strain sheets are such survey, profile and general plan. not prepared and filed by the County Commissioners in addition to the general plan, survey and profile, then each bidder for such bridge shall submit with his bid, full and complete plans, specifications and strain sheets for the bridge as he proposes to build it. Provided. That the provisions of this act shall not apply to buildings and monuments where the cost of same does not exceed the sum of three hundred dollars, nor to bridges, or the repair of same, where the entire cost does not exceed the sum of one hundred dollars.

4245. Letting contract. 3. Whenever any Board of Commissioners of any county in this State shall have advertised the letting of any court house. jail, or other county or township building, bridge or monument, and upon the day fixed for such letting, such Board shall let the same to the lowest responsible bidder upon the terms of the notice mentioned and on the plans and specifications so deposited, as in this act provided. Provided, The said Board of Commissioners shall have the power to reject any and all bids, and may again advertise for bids.

4246. Affidavit with bid-Bond. 4. No bid for the building or repairing of any court house, jail, poor asylum, bridge or other county building or work shall be received or entertained by the Board of Commissioners of any county in this State, unless such bids shall be accompanied by an affidavit signed and sworn to by the bidder, and each of his agents or representatives present at the time of filing such bids. specifying that they, nor either of them, have in any way directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such county, whereby such affiant or affiants, or either of them, has paid or is to pay to such other bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, and such affiant or affiants, or either of them, has not directly or indirectly entered into any arrangement or agreement with any other bidder or bidders which tends to or does lessen or destroy free competition in the letting of such contracts, and by a good and sufficient bond equal to the amount of the bid, made payable to the State of Indiana, signed by at least two freehold sureties, residents of the county in which said building, bridge or monument is located, which bond shall guarantee the faithful performance and execu tion of the work so bid, for, in case the same is awarded to said bidder, and that the contractor so receiving such contract shall promptly pay all debts incurred by him in the prosecution of such work, including labor, materials furnished, and for boarding the Provided however, That where a contract for a bridge is to be let, laborers thereon. the bond shall be signed by at least two resident freeholders of the State of Indiana, whose financial responsibility has been investigated and is certified by the Auditor or Clerk of the Circuit Court of the county in which such sureties reside. 4247. Laborer may sue on bond.

5. Any laborer or material man

or person furnishing board to said contractor, as in the preceding section provided, and having a claim against such contractor therefor shall have a right of action against such contractor and his bondsmen, provided such person shall have first demanded payment of the same from such contractor.

4248. Sale of county property. 6. The Board of County Commissioners shall not be authorized to sell any county property, either personal or real, ex

cept at public auction, after advertising such property for sale sixty days in at least one newspaper of general circulation in the county where said property is for sale, and by posting up notice of said sale at the county court house, in a conspicuous place, giving the terms, time and place of sale, and a description of the property to be sold.

4248a. Penalty. 7. Any County Commissioner, or commissioners,

who shail make and enter into any contract with any person, firm or corporation for the construction of any court house, jail or other county or township building, bridge or monument, without first fully complying with the provisions set forth in Sections one (1) and two (2) of this act, shall be guilty of a misdemeanor, and upon conviction thereof be fined not less than ($500.00) five hundred dollars nor more than ($1,000.00) one thous and dollars to which may be added imprisonment in the county jail for any term not exceeding (6) six months.

4243. Plans and specifications. This section provides that it shall not be lawful for any board of commissioners to make any contract for the construction of a court house until plans and specifications have been adopted and deposited in the office of the county auditor. It does not follow, however, that in case plans and specifications are adopted, in which the commissioners reserve the right to make alterations in the plans or in the details of construction and to adjust the price in the proportion that the alterations bear to the contract price of the whole work, the requirement of this section is disregarded; Kitchell v. Board etc., 123-543.

4245. Letting - Bond-Conditions. Where the contractor for the construction of a county building abandons his contract after a material portion of the work has been performed, the board of county commissioners has incidental power to take charge of the work and complete the building, without adopting new plans and specifications or letting a new contract. The county is liable for money, labor or materials furnished at the request of the board and used in the construction of the building. The board, however, has no power to assume any indebtedness of the contractor for materials furnished to him. For such indebtedness the county can not be made liable; Bass Foundry v. Board etc., 115-242.

4246. Contractor's bond. Sureties on a bond given, in pursuance of the provisions of this section, by a contractor for the erection of a county building, can not be held liable for debts incurred by a subcontractor as to whose acts there is no stipulation in the condition of the bond. The statute contains nothing to extend the liability beyond the default of the contractor; State, ex rel. v. Granite Co., 117-476. The bond constitutes a guaranty for the faithful performance of the work and that the contractor shall pay all debts incurred by him in the prosecution thereof. Hence, the liability on the bond does not extend to debts incurred by a subcontractor; Faurote v. State, ex rel., 111-73; Faurote v. State, ex rel. Saxon, 111-73; Faurote v. State, ex rel., 110-463.

4246-4247. Contractor's bond-Laborer's suit. The statute requires the bond to be executed and it is executed to secure the accomplishment of two purposes: (1) the faithful performance and execution of the work by the contractors, and (2) the prompt payment, by the contractors, of all debts incurred by them in the prosecution of the work, including labor, materials furnished and for boarding the laborers thereon. With the accomplishment of the second of the purposes, after the taking of such bond the board of county commissioners has nothing whatever to do. If the contractors fail promptly to pay such debts, incurred by them in the prosecution of the work, the right of action therefor, against them and their bondsmen, under the statute, is in the laborer, the material man or the person furnishing board to such contractors. This right of action can not be defeated by any act done, or omitted to be done, by the board of commissioners of the county; Conn v. State, ex rel., 125518, following and reaffirming Dewey v. State, ex rei., 91-173.

4248. Sale of county property. A board of county commissioners may contract for the removal of the county court house and jail to a new site; for the reconstruction of the buildings thereon or to sell the old buildings and erect new ones upon the new site. In doing this the board acts in a ministerial and not in a judicial capacity and although they may not act wisely, in the absence of an abuse of discretion amounting to fraud, the action of the board can not be questioned. In the sale, however, of county property a board must strictly comply with this statute. Where, however, the board enters into a contract, whereby the contractor is to remove the county buildings to a new site and provide all material that may be required in their reconstruction, in addition to that which the old buildings furnish, there is no sale of the old buildings to the contractor, within the meaning of this section, and the notice of sale therein provided for is not necessary; Crow v. Board etc., 118–52.

SEC.

CHAPTER 47.
DENTISTRY.

4249. License to practice dentistry. 4250. Board of examiners.

4251. Board continued.

4252. Diploma and affidavit.

4253. Certificate of registration.

4254. Examination of applicant-when. 4255. License on presentation of certificate. 4256. Change of residence.

4257. Form of license.

4257a. Clerks record.

4237b. Duplicate list to state board. 4257c. Removal from state board.

4257d. Meetings of board-Organization. 4257e. Oaths,-Members may administer. 4257f. Schedule of requirement.

SEC.

4257g. Record of rules, etc.
4257h. Reciprocal recognition.

42571. Board determines fitness of appli

cant.

4257j. Review of evidence.
4257k. License refused-When.
42571. Atty. general and prosecuting Atty.
4257m. Act does not apply when.
4257n. Physicians and surgeons exempt.
42570. What constitutes practice.
4257p. Three members may grant permit.
4257q. Holder of permit to have license.
4257r. Penalty,-Practice without license.
4257s. Annual report of board.

[1899 S., p. 479, Approved March 6, 1899.]

4249. License to practice dentistry. 1. That it shall hereafter be unlawful for any person to practise dentistry in Indiana, who has not first obtained a license so to do as hereinafter provided.

This act supersedes sections 4249 to 4257c Horner's R. S. 1897, on the same subject. 4250. Board of examiners. 2. A Board of Examiners consisting of five reputable practising dentists shall be appointed on or before the last Tuesday of June, 1899, and biennially thereafter, one by the Governor, one by the State Board of Health, and three by the Indiana State Dental Association, said Board to serve for the term of two years from the date of such appointment. When convened said Board shall examine all applications, issue certificates thereon, and also may examine all applicants for certificates of qualification and issue such certificates to all such applicants as shall pass a satisfactory examina

tion.

The legislature has power to provide that persons who practice dentistry shall undergo an examination and obtain a certificate as to their qualifications. Wilkins r. State, 113 Ind. 514; Eastman v. State, 109 Ind. 278; State r. Green, 112 Ind. 462.

This section does not violate the provision of the Constitution prohibiting the creation of corporations by special act. Wilkins v. State, 113 Ind. 514.

Persons desiring to make application to the board of examiners for a license to practice dentistry, must take notice of the time and place for the meetings of such board. Wilkins v. State, 113 Ind. 514.

4251. Board continued. 3. The State Board of Dental Examiners now in existence shall continue as now constituted until said Board shall have been reorganized, as provided in Section 2 of this act.

4252. Diploma and affidavit. 4. After this law goes into effect any person desiring to begin the practice of dentistry shall procure from the State Board of Dental Examiners a certificate that such person is entitled to praetice dentistry in the State of Indiana, and in order to procure such certificate the applicant shall submit to the State Board of Dental Examiners his diploma with an affidavit setting forth the time and under what circumstances said diploma was received, and that the affiant is the person to whom such diploma was issued. Such application shall be accompanied by the affidavits of two freeholders, resident in the same county in which the applicant resides or intends to locate, stating that the applicant is the person named in the accompanying diploma and application for a certificate. The diplomas received by the Board shall be returned to the person owning the same. Such applicant shall pay to said Board the sum of six dollars at the time of making such application.

4253. Certificate of registration. 5. All persons practicing dentistry in the State of Indiana, when this law goes into effect and desiring to continue the same shall within ninety days thereafter obtain a license by tendering to the Clerk of the Circuit Court of the county in which they reside the certificate of registration, or permit issued by the State Board of Dental Examiners held by them, or by exhibiting to such clerk the record of such

Certificate in the Recorder's office of the county of their residence, which certificate or record, when presented to the clerk shall entitle the holder to a license to practice dentistry in the State of Indiana.

4254. Examination of applicant when, 6. In the event an applicant for a certificate from the State Board of Dental Examiners shall present a diploma from a dental college which is not recognized as maintaining a sufficiently high grade or standard of dental education as defined and fixed in the records of the Board, the applicant shall have the privilege of being examined as to his qualifications to practice dentistry in such manner as the Board shall provide, and if he shall pass such examination satisfactorily to the Board he shall receive a certificate the same as if he presented a satisfactory diploma and other evidences of qualifications for the practice of dentistry. But if he should fail to pass such examination he shall be permitted to submit to another examination within twelve months from the time of the first examination. He shall pay to the State Board of Dental Examiners the sum of twenty dollars for such examination. Provided, however, That the fee for a re-examination or for any subsequent examination shall be only ten dollars: And, Provided, further, That if such applicant shall fail to pass the examination prescribed by said Board of Dental Examiners he shall have the right to an appeal to the Circuit or Superior Court of the county in which such examination shall have been held, requiring said Board to show cause why such applicant should not be permitted to practice dentistry. upon the applicant giving a good and satisfactory bond in the sum of two hundred dollars, to be approved by said Court, to secure the costs of such appeal should the appeal be determined against him.

4255. License issued on presentation of certificate. 7. Upon the receipt of the certificate by the applicant from the State Board, the applicant shall upon presentation thereof to the Clerk of the Circuit Court of the county in which he resides receive from such Clerk a license to practice dentistry in the State of Indiana. The person receiving such license shall pay to the Clerk fifty cents as his fee for issuing and recording such license as hereinafter provided.

4256. Change of residence.

8. In case of change of residence from one county to another within this State the holder of a dentist's license shall obtain a new license in the county where he proposes to reside by filing with the Clerk of the Circuit Court the license obtained by him in the county in which he last resided in the same manner as provided for on the presentation of his certificate from the State Board of Dental Examiners, and the Clerk shall issue him a new license.

4257. Form of license. 9. It shall be the duty of the Clerk of the Circuit Court of the County in which an applicant resides or proposes to locate to issue to the person presenting such certificate as hereinbefore provided a license over his official seal in the following form:

State of Indiana, County of

SS.

Circuit Court, in the State has complied with the laws of

Indiana, relating to the practice of dentistry, in the county aforesaid. Witness my hand and the seal of said Court, this

day of

Clerk.

4257a. Clerk's record. 10. The Clerk shall enter of record, the name, age, place of birth, and address of the applicant, and the person so registering shall subscribe to and verify by oath before the Clerk an affidavit concerning such facts, which if wilfully false shall subject the affiant to conviction for perjury.

4257b. Duplicate list to state board. 11. The Clerk shall furnish annually, on the first day of January, to the State Board of Dental Examiners, upon blanks furnished by such Board, a duplicate list of all certificates received and licenses issued by him during the preceding year, and shall include

therein the date of issue of such license, and the name, age and residence of the person receiving the same.

4257c. Removal from state board. 12. The Governor shall have power to remove any member of the Board for incompetency, gross immorality, for any abuse of his official power, or for any other good cause and may fill any vacancy occasioned by removal, death, resignation or otherwise by appointment. Any person appointed to fill any vacancy on such Board, whether caused by death, resignation, removal or otherwise shall hold for the unexpired term of the member whose place he is appointed to fill.

4257d. Meetings of board-Organization. 13. The Board of Dental Examiners shall hold regular meetings, at such place as may be fixed by the Board, on the second Tuesday of January and the second Tuesday of June of each year, and as often in addition as may be necessary for the transaction of such business as may properly come under the provisions of this Act, and it shall have power to make all necessary rules and regulations in accordance with this Act. Special meetings may be called at any time by any three members of the Board to be held at such time and place as may be designated in the call. The Board shall elect a President and Secretary, and the Secretary shall be ex officio Treasurer of the Board. For their services the members shall receive the sum of ten dollars per day and their traveling expenses necessarily incurred in attendance upon meetings. It shall be the duty of the Board to keep a record of all applications for certificates, and such record shall contain all the facts set forth in such applications, including the action of the Board thereon, and said Board may employ a Clerk and allow a reasonable compensation for such work.

4257e. Oaths, members of board may administer.

14. The mem

bers of the State Board of Dental Examiners are authorized to administer oaths in matters regarding the discharge of their official duties. The said Board is charged with the duty of enforcing this Act, and it shall be the duty of the Prosecuting Attorney, on the complaint of the Board or any member thereof, to prosecute any violation of this Act. And any Prosecuting Attorney who upon receipt from the Board, or any member thereof, of an affidavit charging any person within his jurisdiction of a violation of the dental laws of the State of Indiana, or any of them, who shall fail to prosecute such offender criminally, shall be guilty of a breach of official duty.

4257f. Schedule of minimum requirements.

15. The Board shall

from time to time establish and record in a record kept by them for that purpose, a schedule of the minimum requirements which must be complied with by applicants for certificates to practice dentistry before they shall be entitled

to receive a certificate.

4257g. Record of rules, etc. 16. The Board shall also, in like manner, establish and cause to be recorded in such record a schedule of the minimum requirements and rules for the recognition of dental colleges, so as to keep these requirements not lower than the average standard of dental education in other States. After the year 1899, no change shall be made in such schedule of requirements in any year after the month of January of such year. Nor shall any change be made to have any ret [ro] active effect, or that shall affect students theretofore matriculated. Such record shall at all times be open to examination by the public.

4257h. Reciprocal recognition. 17. The Board shall have the power to make and establish all necessary rules and regulations for reciprocal recognition of certificates issued by other States, and to prevent unjust and arbitrary examinations by other States of graduates in dentistry from dental colleges in this State who have fulfilled its requirements.

42571. Board determines fitness of applicant. 18. Where an application for a certificate is made and a diploma submitted as herein provided, it shall be the duty of the Board to determine from the evidence presented whether such diploma rightfully belongs to and was issued to the person mak