Establishing certain streets au thorized. after established by said Board, and macadamize and culvert the following streets, avenues, and portions thereof, in said city and county, to wit: Pennsylvania Avenue, from its intersection with Seventh Street to its intersection with Tulare Street; Islais Street, from its intersection with a line formed by the prolongation southerly of the westerly line of Pennsylvania Avenue to its intersection with R Street; R Street, from its intersection with Islais Street to its intersection with Twentieth Avenue; Twentieth Avenue, from its intersection with R Street to its intersection with Silver Avenue; Silver Avenue, from its intersection with Twentieth Avenue to its intersection with San Bruno road; also, the intersection of all the aforesaid streets and avenues with each other, and such portion of San Bruno road as to said Board shall seern necessary and useful; said filling, grading, macadamizing, and culverting to be commenced, prosecuted, and completed without unnecessary delay after the passage of this Act, and notwithstanding the protest of any or all the property owners affected thereby, or to be assessed therefor, according to the provisions of this Act. SEC. 2. The said Board of Supervisors is hereby authorof grade on ized and empowered to establish, without unnecessary delay, such an official grade on and for Pennsylvania Avenue and R Street, and such portions of Tulare and Islais Streets, and Twentieth and Silver Avenues, and the intersections of said. streets and avenues mentioned in section one of this Act, and on the streets, alleys, and places intersecting the aforesaid streets and avenues as to said Board may seem necessary, proper, and useful for travel, and the interest and convenience of the public, and may cut, grade, and improve the same to such official grade, notwithstanding the protest of any or all property owners liable to be assessed therefor. Expense of improve ment as what land. SEC. 3. The said Board of Supervisors may, without any petition whatsoever, from any person or persons, commence, sessed upon prosecute, and complete the work contemplated in sections one and two of this Act, and pass all orders and resolutions, and do all things in connection therewith as may be necessary to commence, prosecute, and speedily complete said work, in such manner and with such materials as to said Board may seem proper, and the expense incurred therefor shall be assessed upon the lots of land fronting on the streets, avenues, alleys, and roads, within the following boundaries, to wit: Commencing at the point of intersection of the westerly line of Indiana Street with the southerly line of Santa Clara Street; thence southerly along the westerly line of Indiana Street to the northerly line of Tulare Street; thence easterly along the northerly line of Tulare Street to the easterly line of Tennessee Street; thence southeasterly to the point of intersection of the southerly line of Islais Street with the northeasterly line of First Avenue; thence southeasterly along the northeasterly line of First Avenue to the northerly line of India Street; thence southerly to the point of intersection of the southwesterly line of First Avenue with the northwesterly line of I Street; thence southwesterly along the northwesterly line of I Street to the southwesterly line of Ninth Avenue; thence southeasterly along the southwesterly line of Ninth Avenue to the northwesterly line of F Street; thence southwesterly along the northwesterly line of F Street to the northeasterly line of Twenty-seventh Avenue; thence northwesterly along the northeasterly line of Twenty-seventh Avenue to the southeasterly line of Railroad Avenue; thence southwesterly along the southeasterly line of Railroad Avenue to easterly line of San Bruno road; thence northwesterly along the easterly and northeasterly line of San Bruno road to the southeasterly line of Railroad Avenue; thence northerly along the southeasterly line of Railroad Avenue to a point formed by the intersection of the southeasterly line of said Railroad Avenue with the southerly line of Bernadotte Street; thence easterly along the southerly line of Bernadotte Street to the end thereof; thence northeasterly to the northeasterly corner of Missouri and Tulare Street: thence northerly along the easterly line of Missouri Street to the southerly line of Santa Clara Street; thence easterly along the southerly line of Santa Clara Street to the point of beginning; and all lots fronting on any and all the lines, streets, avenues, and roads mentioned in the above description, shall be included within said assessment; and for the purpose of carrying out the Certain objects and intentions of this Act, all laws, Acts, and parts Acts made of Acts, in force at the time of the passage of this Act, not inconsistent therewith or any of the provisions thereof, regulating or providing for the improvement, grading, and macadamizing of public streets and highways, in the City and County of San Francisco, and the levying, assessing, and collection of assessments for the improvement, grading, and macadamizing of such streets and highways, are hereby made applicable to this Act. applicable. structed. SEC. 4. The said Board of Supervisors are hereby further Draw-bridge authorized and empowered to construct a draw-bridge, of to be consuch capacity, dimensions, and materials as to said Board shall seem proper, across Islais Creek, as laid down upon the official map of said city and county, from the southerly line of Tulare Street to the northerly line of Islais Street, between a prolongation southerly of the easterly and westerly lines of Pennsylvania Avenue; said bridge to be a free public bridge, and to be suitable for all traveling purposes, and all cost and expense for constructing and maintaining the same shall be paid out of the General Fund of the treasury of said City and County of San Francisco; and the space required for said bridge is hereby excepted from the operations of sections one, two, and three of this Act. SEC. 5. All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed. SEC. 6. This Act shall take effect immediately. Persons practicing and surgery present diploma to Board. CHAP. DLXXVI.-An Act supplemental to amendatory of an The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled "An Act to medicine regulate the practice of medicine in the State of California," tory approved April 3d, 1876, is hereby amended so as to read as follows: Section one. Every person in this State practicing medicine or surgery, in any of its departments, shall possess the qualifications required by this Act. Every such person shall present his diploma to one of the Boards of Examiners herein named, together with the affidavit mentioned in section three (3) of this Act. If the Board shall find all the facts required to be stated in said affidavit to be true, the Board of Examiners shall issue its certificate to that effect, signed by all the members thereof, and sealed with the seal of the Board, and such certificate shall be conclusive as to the right of the person named therein to practice medicine and surgery in any part of this State. Board of Examiners appointed by what. SEC. 2. Section two (2) of said Act is hereby amended so as to read as follows: Section two. The Medical Society of the State of California, the Eclectic Medical Society of the State of California, and the California State Homeopathic Medical Society, corporations organized and existing under and by virtue of the laws of this State, and no other corporation, society, persons or person, shall appoint annually a Board of Examiners, consisting of seven members, who shall hold their office for one year and until their successors shall be chosen. The Examiners so appointed shall go before a District or County Judge and make oath that they are regular graduates, and that they will faithfully perform the duties Vacancies; of their office. Vacancies occurring in a Board of Examhow filled. iners shall be filled by the society appointing it, by the selection of alternates, or otherwise. The Board of Examiners. now organized, or existing under and by virtue of their appointments by the aforesaid societies, shall continue to act as such Boards until their successors are appointed at the next annual election. Board to examine diplomas. SEC. 3. Section four (4) of said Act is hereby amended so as to read as follows: Section four. Said Board of Examiners shall examine diplomas as to their genuineness, and if the diploma shall be found genuine, as represented, the Secretary of the Board of Examiners shall receive a fee of five dollars from each graduate or licentiate, and no further charge shall be made to the applicant, but if it be found to be fraudulent, or not lawfully owned by the possessor, the Board shall be entitled to charge and collect twenty dollars of the applicant presenting such diploma. The applicant shall accompany his diploma with an affidavit stating that containing he is the lawful possessor of the same, that he is the person therein named, that the diploma was procured in the regular Applicant to make affidavit what. course of medical instruction, and without fraud or misrepresentation of any kind, and that the medical institution granting the diploma had, at the time of the granting the same, a full corps of medical instructors, and was at the said time a legally incorporated institution, actually and in good faith engaged in the business of medical education, and in good standing as a medical institution, and that the applicant had complied with all the requirements of said institution. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such officer, if he have a seal. In addition to such affidavit, the Board of Examiners may hear such further testimony as in their discretion they may deem proper to hear, as to the verification of any such diploma, or as to the identity of the person named therein, or as to the manner in which any such diploma was procured, and if it should appear from such testimony that any fact stated in said affidavit is untrue, the application of such person for a certificate shall be rejected. None of said Boards shall entertain an application which has been rejected by another of said Boards, nor shall any rejected application be renewed until at least one year after the action of the Board rejecting the same. for unpro conduct. SEC. 4. Section ten (10) of said Act is hereby amended so Refusal of as to read as follows: Section ten. The Board of Examin- certificates ers must refuse certificates to individuals guilty of unpro- fessional fessional conduct. But before any such refusal the applicant must be cited by a citation signed by the Secretary of the Board, and sealed with its seal, to appear before the Board at a time and place certain for the purpose of being heard as to such unprofessional conduct. Said citation shall notify Hearing of the applicant of the time and place, where and when the matters. matter of said unprofessional conduct shall be heard, the particular unprofessional conduct with which the applicant is charged, and that the applicant shall then and there appear in person, and attended with such witnessess to testify on his behalf as he may desire, or default will be taken against him, and his application for a certificate refused. The attendance Attendance of witnesses at such hearing shall be compelled by subpoenas of witnesses. issued by the Secretary of the Board under its seal; and said Secretary shall in no case refuse to issue any such subpoena on a fee of fifty cents being paid him for each subpoena. Said citations and said subpoenas shall be served in accordance with existing provisions of law as to the service of citations and subpoenas generally. At such hearing witnesses shall be examined on the part of the Board and on the part of the applicant as to the fact of the applicant having been guilty of the conduct set out in the citation, and either side may examine medical experts as to whether such conduct is unprofessional, and if it appear to the satisfaction of the Board that the applicant is guilty of the said unprofessional conduct, no certificate shall be issued to him. But no application shall be refused on the ground of unprofessional conduct, unless the applicant has been guilty of unprofessional conduct within one year next preceding his revocation of certificate. Revocation application. If any holder of a certificate be guilty of unproof certificate. fessional conduct, his certificate must be revoked by the Board granting it; but no such revocation shall be valid. without said holder being cited to appear, and the same proceedings be had as is hereinabove provided in this section Duty of Sec- in the case of refusal to grant a certificate. Whenever a cerretary upon tificate is revoked, the Secretary of the Board revoking the same shall certify the fact, under the seal of the Board, to the County Clerk of the county in which the person whose certificate has been revoked is at the time of said revocation practicing his profession, and said Clerk shall thereupon write on the margin, or across the face of his register of the certificate of such person, the fact of such revocation, signing his name thereto, and shall file in his office said certifiAdoption of cate of revocation. Each of said Boards may, from time to time, adopt such rules as may be necessary to the orderly conduct of all proceedings taken and had before it. It shall be the duty of the Secretary of the respective Boards to notify the Secretary of all other Boards provided for under this Act of all applicants to whom licenses may have been refused, together with the reasons of such refusal by such Boards. rules. Practice of medicine defined. License imposed on certain persons. Misde meanor. SEC. 5. Section eleven (11) of said Act is hereby amended so as to read as follows: Section eleven. Any person shall be regarded as practicing medicine, within the meaning of this Act, who shall profess publicly to be a physician, or who shall habitually prescribe for the sick, or who shall append to his name the letters "M. D.;" but nothing herein contained shall be construed to prohibit gratuitous services in cases of emergency. And this Act, and the Act to which this Act is supplemental and amendatory, shall not apply to lawfully commissioned surgeons of the United States Army or Navy practicing their profession within the limits of this State. SEC. 6. Section twelve (12) of said Act is hereby amended so as to read as follows: Section twelve. Any itinerant vender who shall sell, or offer for sale, any drug, nostrum, ointment, or appliance of any kind intended for the treatment of disease or injury, or any person who shall, by writing or printing, or by any other method, publicly profess to cure or treat disease, injury, or deformity by any medicine, drug or drugs, nostrum, manipulation, or other expedient, shall pay a license of one hundred dollars a month. Such license shall be collected as other licenses are. SEC. 7. Any person practicing medicine or surgery in this State, without first having procured a certificate to so practice from one of the Boards of Examiners appointed by one of the societies mentioned in section two of this Act, shall be deemed guilty of a misdemeanor, and shall be subject to the penalties provided in section thirteen of the Act to which this Act is amendatory and supplemental, but no person who holds a certificate from one of such Boards of Examiners, or who holds a certificate heretofore granted by the Board of Examiners heretofore existing by virtue of appointment by the California State Medical Society of |
