by the president and secretary of said board, which shall be filed as hereinbefore 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 present the same for record to the clerk of the county in which 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 hereinbefore 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 reissue 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 certifi cate.

Sec. 9. Any person entitled to a certificate, as provided ior in section six of this act, who shall not within six months 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 hereinbefore provided, for six months after the issuance thereof, shall forfeit the same.

Sec. 10. Every person to whom a certificate of examination or registration is granted shall display the same in a conspicuous part of his office wherein the practice of optometry is conducted.

Sec. 11. Out of the funds coming into the possession of said board, each member thereof may receive, as compensation, the sum of five dollars for each day actually engaged in the 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.

Sec. 12. Every registered optometrist who desires to continue the practice of optometry in this state shall annually on 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 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 certificate 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 ceased.

has

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.

To create the county of Orange, to define the boundaries thereof, to determine the county seat by an election, and to provide for its organization and election of officers, and to classify said county. [Approved March 11, 1889. Stats. 1889, p. 123.]

An act to require ordinances and resolutions passed by the city council or other legislative body of any mu nicipality to be presented to the mayor or other chief executive officer of such municipality for his approval. [Approved March 27, 1897. Stats. 1897, p. 190.] Cal.Rep.Cit. 123, 460.

Unconstitutional as to cities having charters. Morton v. Broderick, 118 Cal. 486.

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

Section 1. Every ordinance and every resolution of the city council of any municipality providing for any specific improvement, or the granting of any franchise, or other privilege, or affecting real property interests, or the expenditure of more than one hundred dollars of the public moneys, or levying tax or assessment, or establishing rates for artificial light, and every ordinance or resolution imposing a duty or penalty, which shall have passed the city council, shall, before it takes effect, be presented to the mayor for his approval. The mayor shall return such ordinance or resolution to the city council within ten days after receiving it. If he approve it he shall sign it. and it shall then take effect. If he disapprove it he shall specify his objections thereto in writing. If he do not return it with such disapproval within the time abové specified, it shall take effect as if he had approved it. The

objections of the mayor shall be entered at large on the journal of the city council, and the city council shall cause the same to be immediately published. The city council shall, after five, and within thirty days after such ordinance or resolution shall have been returned with the mayor's disapproval, reconsider and vote upon the same; and if the same shall, upon reconsideration, be again passed by the affirmative vote of not less than three fourths of all the members, the presiding officer shall certify that fact on the ordinance or resolution, and when so certified, it shall take effect as if it had received the approval of the mayor; but if the ordinance or resolution shall fail to receive upon the first vote thereon after its return with the mayor's disapproval, the affirmative votes of three fourths of all the members, it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes, and the names of the members voting for or against the same shall be entered in the journal; provided, that the provisions of this section shall not apply to cities in which the mayor is a member of the city council, or other governing body.

Sec. 2. The word "municipality," and the word "city," as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized, for municipal purposes.

Sec. 3. The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city.

Sec. 4. In municipalities in which there is no mayor, then the duties imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees, or other chief executive officer of the municipality.

Sec. 5. This act shall take effect and be in force from and after its passage, and all acts and parts of acts in conflict with this act are hereby repealed.

ACT 25SS.

To supply the town

poses.

TITLE 350.

OROVILLE.

of Oroville with water for fire pur[Stats. 1877-8, p. 796.]