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aminers, or in any public clinic under the supervision of the authorized superintendent of such clinic, organized under the authority and general direction of the board of health or school board of any city or town in Indiana: Provided, further, That legally licensed druggists of this state may fill prescriptions of legally licensed dentists of this state for any drug necessary to the practice of dentistry.

This section amends section 6123 Revision of 1914.

6124. Violating act, penalties, definition.-21. Any person, firm or corporation shall be guilty of a misdemeanor, and upon each and every conviction thereof shall be subject to a fine of not less than fifty dollars ($50) nor more than one hundred and fifty dollars ($150), or by imprisonment for not less than thirty (30) days, or by both such fine and imprisonment, in the discretion of the court who:

(1) Shall practice dentistry, in any county of the state, not being at the time of such practice a dentist, duly licensed to practice, as such in this state, and registered in the office of the clerk of the circuit court of such county, pursuant to the provisions of this act; or

(2) Shall employ, hire, procure or induce one who is not duly licensed and registered as a dentist to practice dentistry, or shall aid or abet one not so licensed and registered in such practice; Provided, That a person practiced upon by an unlicensed or unregistered dentist shall not be deemed an accomplice, employer, hirer, procurer, inducer, aider, or abettor within the meaning of this act; or

(3) Shall sell or barter, or offer to sell or barter, or not being lawfully authorized so to do, shall issue or confer, or offer to issue or confer, any dental degree, license, or any diploma or document conferring, or purporting to confer, any dental degree or license, or any certificate or transcript made, or purporting to be made, pursuant to the provisions of this act regulating the licensing and registration of dentists; or

(4) Shall purchase, or procure by barter, any diploma, certificate or transcript, with the intent that the same shall be used as evidence of the qualifications to practice dentistry of any person other than the one upon, or to whom, it was lawfully conferred or issued, or in fraud of the laws regulating such practice; or

(5) Shall use, or attempt to use, any diploma, certificate or transcript which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license, to practice dentistry, or in order to procure registration as a dentist; or

(6) Shall practice dentistry under a false or assumed name, or under the license or registration of another person of the same name, or under a corporate, firm, association, parlor or trade name, or shall hold himself out to the public under such name, or names, as a prac

titioner of dentistry as defined in this act: Provided, That it shall not be unlawful for any one duly licensed so to do, to practice dentistry, or to hold himself out as a practitioner of dentistry, under the name of any legally incorporated dental company, existing and in operation prior to the taking effect of this act: Provided, further, however, That corporations which shall have ceased to exist or operate prior to the taking effect of this act, or shall thereafter cease to exist or operate, for any reason whatsoever, shall not be revived or permitted to resume operation; or

(7) Shall assume the degree of "Bachelor of Dental Surgery," "Doctor of Dental Surgery," or to append the letters "B. D. S.," "D. D. S.," "M. D. S." or "D. M. D." to his name, or make use of the same, or shall prefix to his name the title of "Doctor," or any abbreviation thereof, not having had duly conferred upon him by diploma from some college, school or board of examiners, legally empowered to confer the same, the right to assume such or any such titles; or shall assume any title or append or prefix any words to his name, with the intent to represent falsely that he has received a dental degree, or license; or not having been licensed to practice dentistry under the laws of this state, shall represent that he is entitled so to practice: Provided, That any licentiate may use the prefix "Doctor" or "Dr." to his name; or

(8) Shall falsely personate another at any examination held by the board to ascertain the preliminary professional education of candidates for dental students' certificates, dental degrees, or licenses; or shall induce another to make or aid and abet in the making of such false personation, or who shall knowingly avail himself of the benefit of such false personation, or who shall knowingly and wilfully make or induce another to make, falsely, any certificate required by the board in connection with their examinations; or

(9) Shall violate any of the provisions of this act for which no specific penalty has been provided herein.

This section amends section 6124 Revision of 1914.

CHAPTER 56

DRAINAGE.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

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6140. Drainage commissioner, term, bond, pay.

The sureties on the bond of a county surveyor executed to secure the performance of his duties as ex officio drainage commissioner, are not liable for the negligent or improper acts of such surveyor when he is appointed a commissioner to construct a drain. Houser v. State ex rel., 184 Ind. 88, 110 N. E. 665.

In view of this section and sections 6142, 6143, where the county surveyor executes a bond as ex officio drainage commissioner, conditioned for the performance of his duties as drainage commissioner, such bond does not cover a default as commissioner of construction, since the two offices are distinct and separate. Houser v. State ex rel. Bent, 184 Ind. 88, 110 N. E. 665.

This section is not unconstitutional as denying the equal protection of the law to one affected by a proposed drainage project, not reported by the drainage commissioner as benefited or damaged thereby, since such person may intervene and remonstrate. Vandalia R. Co. v. Mizer, 184 Ind. 680, 112 N. E. 522.

In view of these sections, the provisions of section 6141, requiring a court to appoint one commissioner from each county were held to apply only when the petition is for a drain extending into another county, but that commissioners

appointed from that county may extend a drain a short distance into another county without ousting the jurisdiction of the court or making their report contrary to law. McCleery v. Zintsmaster, 187 Ind. 37, 114 N. E. 625.

Drainage proceedings for the construction of a ditch which in part follows the line of an old ditch, but being much longer and differing from the former ditch in other particulars was properly brought under these sections instead of under the Drainage Act of 1915. Grow v. Davisson, 187 Ind. 304, 119 N. E. 145. 6141. Petition to court, contents, bond.

Petitions to courts for the establishment and construction of drains are sufficient to give the court jurisdiction over lands when they are described as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfer. Seybold v. Rehwald, 177 Ind. 301, 95 N. E. 235.

Petitions for drains need not allege that all the lands to be benefited lie outside of cities and towns. Shields v. Pyles, 180 Ind. 71, 99 N. E. 742; Hardin v. Cook, 181 Ind. 698, 105 N. E. 231.

Circuit courts have jurisdiction over proceedings for the construction of a new drain on the line of a drain previously constructed under the direction of the board of county commissioners. Woodring v. McCaslin, 182 Ind. 134, 104 N. E. 759; Clifton v. McMains, 184 Ind. 539, 111 N. E. 801.

When a drain will affect lands in more than one county, the circuit or superior court of the county having the greatest length of the proposed drain has jurisdiction over the proceedings. Croxton v. Fair, 181 Ind. 361, 104 N. E. 643; Woodring v. McCaslin, 182 Ind. 134, 104 N. E. 759; Lake Shore etc. R. Co. v. Clough, 182 Ind. 178, 104 N. E. 975, 105 N. E. 905.

Proceedings for the improvement or extension of an existing public drain must be commenced before the court or board of commissioners of the county in which the proceedings were had for the construction of the original drain. Woodring v. McCaslin, 182 Ind. 134, 104 N. E. 759.

When a drain will affect lands in more than one county, the petitioners for the drain need not own lands in the county in which the proceedings are commenced if they own lands in another county that will be affected by the drain. Lake Shore etc. R. Co. v. Clough, 182 Ind. 178, 104 N. E. 975, 105 N. E. 905.

Under the Act of 1907, boards of county commissioners do not have jurisdiction over proceedings to construct drains that extend into more than one county. Murray v. Gault, 179 Ind. 658, 101 N. E. 632.

This section was not repealed by Acts 1915, ch. 88, relating to drainage associations. Lake Agricultural Co. v. Brown, 186 Ind. 30, 114 N. E. 755.

Objection to the jurisdiction of a court on the ground that the petition was not filed in duplicate, as required by this section, was held a matter of defense to be presented by an issue properly tendered. Lake Agricultural Co. v. Brown, 186 Ind. 30, 114 N. E. 755.

Where remonstrators in a drainage proceeding moved to dismiss the proceeding because not filed in duplicate, as required by this section, and the ruling of the court refusing such motion being all that is contained in the record on that subject, it is not sufficient to warrant the appellate court in declaring that the issue was not properly heard or that a proper conclusion was not reached. Lake Agricultural Co. v. Brown, 186 Ind. 30, 114 N. E. 755.

Under this section and section 6142, where the amendment of a complaint relates back to the filing of the original one, the amended complaint is not barred by the statute of limitations, unless the original complaint was also barred. Wilson v. Tevis, 184 Ind. 712, 111 N. E. 181.

Under this section and section 6142, 6143, 6144, the defendant's thirteen-acre tract included with her forty-acre tract in the land which the petitioners allege will be benefited by the proposed ditch, and which was included in the commissioners' report as land in need of additional drainage, and assessed for benefits, is not deprived of the right of the use of such ditch merely because it is on the opposite side of the watershed, and naturally drains in the opposite direction. Meyer v. Plotner, 64 App. 74, 112 N. E. 901.

Under this section a report delegating to the commissioner of construction the power to hold the payment of such part of the contract price as he might elect is unlawful, and under section 6143 the petition will be referred back to the commissioners for amended or new report. Moore v. Ryan, 188 Ind. 345, 123 N. E. 642.

A drainage ditch laid out and established as a new ditch under these sections is a new drain though established along the line of an old one. Steenburg v. Kyle, 188 Ind. 26, 121 N. E. 537.

In a proceeding under these sections (6141-6143) to establish a drain along the line of an old ditch, the judgment of the court having jurisdiction of the proceeding is conclusive where not set aside or modified on appeal or direct proceeding. Steenburg v. Kyle, 188 Ind. 26, 121 N. E. 537.

The court will not determine when changes or extensions of drains cease to be repairs and become the new independent work provided for by this section. Huffman v. Newlee, Ind. 124 N. E. 731.

Under these sections (6141-6143) the drainage commissioners' discretion as to the location of drain is limited to the general object and purpose of the petition. Northern Indiana Land Co. v. Carlin, Ind. 127 N. E. 197. On the court's jurisdiction of a drainage petition. City of Princeton v. Williams, Ind. -, 128 N. E. 601.

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[Acts July special session 1920, p. 108. In force July 27, 1920.] 6142. Docketing, notice, hearing, report, procedure.-3. Whenever the petitioner or petitioners shall file their petition in the clerk's office of the circuit or superior court, he or they shall fix or note thereon the day set for the docketing thereof and shall give the owner or occupant of each tract of land described in said petition, who is a resident of the county or counties in which said land is situated, and to the trustee of the township, mayor of the city, president of the board of trustees of every town or city, and the agent of any railroad company or corporation or company, public or private, to be affected by the proposed work, notice thereof by serving upon such owner or occupant, persons or party, a written or printed notice setting forth the route of such drain as described in the petition, the fact of the filing and pendency of such petition, and when the same shall be docketed, which notice may be served by the petitioner or petitioners, or either of them, or by any person for them, by delivering a copy to the person to be notified, or by leaving such copy at his last and usual place of residence, and proof thereof made by the affidavit of the person making such service. The service of such notice upon the station agent of any railroad company in the county in which the

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