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Officers of board.

Examinations.

Persons

now en

gaged in practice.

Who exempt from examination.

Certificates to be

clerk for record.

made for the residue of such term by the governor. The members of said board, before entering upon their duties, shall respectively take and subscribe to the oath required to be taken by other officers, and filed with the clerk of the county in which said member resides, and said board shall have a common seal.

SEC. 4. Said board shall choose at its first regular meeting, and annually thereafter, one of its members president, and one secretary thereof, who severally shall have the power during their term of office to administer oaths and take affidavits, certifying thereto under their hand and the seal of the board. Said board shall meet at least once in each year at the state capitol, and in addition thereto, whenever and wherever the president and secretary thereof shall call a meeting; a majority of said board shall at all times constitute a quorum. The secretary of said board shall keep a full record of the proceedings of said board, which records shall at all reasonable times be open to public inspection.

SEC. 5. Every person before beginning to practice optometry in this state, after the passage of this act, shall pass an examination before said board of examiners. Such examination shall be confined to such knowledge as is essential to the practice of optometry. Any person having signified to said board his desire to be examined by them shall appear before them at such time and place as they may designate, and before beginning such examination shall pay to the secretary of said board, for the use of said board, the sum of ten dollars, and if he shall successfully pass such examination, shall pay to said secretary, for the use of said board, a further sum of five dollars on the issuance to him of a certificate. All persons successfully passing such examination shall be registered in the board register, which shall be kept by said secretary, as licensed to practice optometry, and shall also receive a certificate of such registration, to be signed by the president and secretary of said board, which shall be filed as herein before provided.

SEC. 6. Every person who is actually engaged in the practice of optometry in the State of California, at the time of the passage of this act, shall, within six months thereafter, file an affidavit in proof thereof with said board, who shall make and keep record of such person, and shall, in the consideration of the sum of five dollars, issue to him a certificate of registration.

SEC. 7. All persons entitled to a certificate of registration under the full provisions of section six, shall be exempt from the provisions of section five of this act.

SEC. 8. Recipients of said certificate of registration shall presented present the same for record to the clerk of the county in which to county they reside, and shall pay a fee of fifty cents to the clerk for recording the same. Said clerk shall record said certificate in a book to be provided by him for that purpose. Any person so licensed removing his residence from one county to another in this state shall, before engaging in the practice of optometry in such other county, obtain from the clerk of the county in which said certificate of registration is recorded, a certified

copy of such record, or else obtain a new certificate of registration from the board of examiners, and shall, before commencing practice in such county file the same for record with the clerk of the county to which he removes, and pay the clerk thereof for recording the same, a fee of fifty cents. Any failure, neglect or refusal on the part of the person holding such certificate or copy of record to file the same for record, as herein before provided, for six months after the issuance thereof, shall forfeit the same. Such board shall be entitled to a fee of one dollar for the re-issue of any certificate, and the clerk of any county shall be entitled to a fee of one dollar for making and certifying a copy of the record of any such certificate.

right to

SEC. 9. Any person entitled to a certificate, as provided for Waiver of in section six of this act, who shall not within six months certificate. after the passage thereof make written application to the board of examiners for a certificate of registration, accompanied by a written statement, signed by him, and duly verified before an officer authorized to administer oaths within this state, fully setting forth the grounds upon which he claims such certificate, shall be deemed to have waived his right to a certificate under the provisions or refusal on the part of any person holding such certificate under the provisions of such section. Any failure, neglect or refusal on the part of any person holding such certificate to file the same for record, as herein before provided, for six months after the issuance thereof, shall forfeit the same.

shall be

SEC. 10. Every person to whom a certificate of examination Certificate or registration is granted shall display the same in a conspicu- displayed. ous part of his office wherein the practice of optometry is conducted.

sation of

SEC. 11. Out of the funds coming into the possession of Compen said board, each member thereof may receive, as compensation, members the sum of five dollars for each day actually engaged in the of board. duties of his office, and mileage at three cents per mile for all distance necessarily traveled in going to and coming from the meetings of the board. Said expenses shall be paid from the fees and assessments received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall ever be paid out of the state treasury. All moneys received in excess of said per diem allowance and mileage, as above provided for, shall be held by the secretary as a special fund for meeting expenses of said board and carrying out the provisions of this act, and he shall give such bonds as the board shall from time to time direct, and the said board shall make an annual report of its proceedings to the governor on the first Monday in January of each year, which report shall contain an account of all moneys received and disbursed by them pursuant to this act.

tion fee.

SEC. 12. Every registered optometrist who desires to con- Annual tinue the practice of optometry in this state shall annually on registra such date as the board of optometry may determine, pay to the secretary of said board a registration fee to be fixed by the board, but which shall in no case exceed the sum of two dollars per annum, for which he shall receive a renewal of said

Power to revoke cer

registration; and in case of default in such payment, by any person, his certificate may be revoked by the board of examiners, under twenty days' notice of the time and place of considering such revocation. But no certificate shall be revoked for such non-payment if the person so notified shall pay before or at such time of consideration his fee and such penalty as may be imposed by said board; provided, that said board may impose a penalty of five dollars and no more on any one person so notified, as a condition of allowing his certificate to stand; provided, further, that said board of examiners may collect any such fees by suit.

SEC. 13. Said board shall have power to revoke any certifitificates. cate of registration granted by it under this act for conviction of crime, habitual drunkenness for six months immediately before a charge to be made, gross incompetency, or contagious or infectious disease; provided, that before any certificate shall be so revoked, the holder thereof shall have notice in writing of the charge or charges against him, and at a day specified in said notice, at least five days after the service thereof, be given a public hearing, and have opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person whose certificate has been so revoked, may, after the expiration of ninety days, apply to have the same regranted, and the same shall be regranted him, upon a satisfactory showing that the disqualification has ceased.

Violations of act.

Jurisdiction of courts.

Does not apply to physi

cians, etc.

SEC. 14. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty dollars, nor not more than one hundred dollars, or to be confined not less than one month, nor more than three months in the county jail, and in default of payment of said fine shall be imprisoned in the county jail at the rate of one day for every two dollars of the fine so imposed. And all fines thus received shall be paid into the common school fund of the county in which such conviction takes place.

SEC. 15. Justices of the peace and the respective municipal courts shall have jurisdiction of violations of this act. It shall be the duty of the respective district attorneys to prosecute all violations of this act.

SEC. 16. Nothing in this act shall be construed to apply to physicians and surgeons authorized to practice under the laws of the State of California, nor to persons who sell spectacles or eye-glasses in the ordinary course of trade, and who do not attempt to employ subjective and objective mechanical means to determine the accommodative and refractive states of the eye.

SEC. 17. This act shall take effect and be in force from and after its passage.

CHAPTER CCXXXV.

An act to limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunctions," as applied to disputes between employers and employés in the State of California.

[Approved March 20, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

tions in

criminal;

SECTION 1. No agreement, combination, or contract by or combinabetween two or more persons to do or procure to be done, or trade disnot to do or procure not to be done, any act in contemplation putes not or furtherance of any trade dispute between employers and when. employés in the State of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein excepted, any persons guilty of conspiracy, for which punishment is now provided by any act of the legislature, but such act of the legislature shall, as to the agreements, combinations, and contracts herein before referred to, be construed as if this act were therein contained; provided, that nothing in this act shall be construed to authorize force or violence, or threats thereof.

SEC. 2. This act shall take effect immediately.

CHAPTER CCXXXVI.

An act to regulate the use of illuminating gas.

[Approved March 20, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

be turned

SECTION 1. Every hotel-keeper, lodging-house keeper, and Gas not to inn-keeper, or keeper of any place where rooms are let to lodgers off at in which, or any of which such places illuminating gas is used, meter. who shall turn off, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persons shall have connected every exit orifice upon the gas fixtures used in

such place or places with a practical and safe automatic gas igniter.

SEC. 2. This act shall take effect and be in force immediately from and after its passage.

Water front of city of Monterey shall be held for benefit of

city; may be leased.

CHAPTER CCXXXVII.

An act to amend an act entitled "An act granting to the city of
Monterey the title to the water front of said city in the bay of
Monterey."

[Approved March 20, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section 2 of an act entitled "An act granting to the city of Monterey the title to the water front of said city in the bay of Monterey, approved March 21, 1868, is amended so as to read as follows:

Section 2. The entire water front hereby granted shall be held by trustees of the city of Monterey and their lawful successors forever, for the use and benefit of said city, and shall not be subject to execution upon any judgment against said city, but may be, from time to time let or leased for a term not exceeding fifty years, as the trustees thereof or their successors may deem to be most advantageous to said city; provided, that not more than three hundred feet frontage of said water front shall be leased to one lessee; and provided further, that at and upon any wharf erected or built upon property so leased any and all vessels shall have a right to dock, land and discharge passengers or merchandise upon payment to such lessee or lessees of reasonable dockage and wharfage. The dockage and wharfage to be regulated and prescribed in such lease, and as may, thereafter, from time to time be determined by ordinance of said city of Monterey or by statute of the State of California. SEC. 2. This act shall take effect from and after its passage.

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