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ACT 2130.

Levee indebtedness of, funding of. [Stats. 1875-76, p. 60.]

ACT 2131.

ACT 2132.

To establish a police court in. [Stats. 1889, p. 214.]

Superintendent of public schools, fixing salary of. [Stats. 1873-74,

p. 153.]

TITLE 305.

MASTER AND SERVANT.

See "Laborers"; "Liens," ante.

ACT 2137.

To provide for a day of rest from labor. [Stats. 1893, p. 54.] This act provided that every employee should have one day in seven for rest.

ACT 2138.

To provide for the proper sanitary condition of factories and workshops, and the preservation of the health of the employees. [Stats. 1889, p. 3.]

Amended 1901, p. 571; 1903, p. 16; 1909, p. 43.

Unconstitutional: See Schaezlein v. Cabaniss, 135 Cal. 466.

ACT 2139.

To provide for a lunch hour for laborers in sawmills, shake-mills, shinglemills, and logging camps. [Stats. 1901, p. 75.]

This act appears in full in Appendix, Civil Code, p. 1927.

ACT 2140.

To prevent misrepresentations of conditions of employment, making it a misdemeanor to misrepresent the same, and providing penalties therefor. [Stats. 1903, p. 269.]

This act appears in full in Appendix, Penal Code, p. 2084.

ACT 2141.

An act to provide for temporary floors in buildings more than three stories high in the course of construction and for the protection of the life and limb of workmen employed in such buildings from falling through joists or girders and from falling bricks, rivets, etc. [Approved March 6, 1909. Stats. 1909, p. 107.]

§1. Any building more than three stories high in the course of construction shall have the joists, beams or girders of each and every floor below the floor or level where any work is being done or about to be done, covered with flooring laid close together, or with other suitable material, to protect workmen engaged in such building from falling

joists or girders, and from falling bricks, rivets, tools and other substances whereby life and limb are endangered.

§ 2. It shall be the duty of the contractor having charge of such building to provide the flooring as herein required.

§ 3. It shall be the duty of the owner of such building to see that the contractor carries out the provisions of this act.

§ 4. Should the owner of such building let a contract for the construction of the class of building as herein provided to more than one contractor it shall then be the duty of the owner to provide the flooring as herein required.

§ 5. Failure upon the part of the owner or contractor to comply with the provisions of this act shall be deemed a misdemeanor and shall be punishable as such.

АСТ 2145.

TITLE 306.
MAYORS.

Providing that in cities of over ten thousand inhabitants, the mayor or other chief executive shall not be required to act as city judge or ex-officio judge of the city court or as justice of the peace; to provide for the abolishment of such city court and the transfer of the business and properties of such city court to the justice of the peace of such city, and to require such justice to finish such business. [Stats. 1887, p. 51.]

This act appears in full in Appendix, Code of Civil Procedure.

АСТ 2150.

TITLE 307.
MEADOW LAKE.

Incorporating town of Meadow Lake. [Stats. 1865-66, p. 372.]

TITLE 308.

MECHANICS' INSTITUTES.

See tit. "Chambers of Commerce."

АСТ 2155.

To authorize the Mechanics' Institute of San Francisco to sell, mortgage and convey realty. [Stats. 1863, p. 290.]

ACT 2160.

TITLE 309.
MEDICINE.

An act to regulate medical practice to prevent blindness in infants. [Approved February 17, 1897. Stats. 1897, p. 12.]

§ 1. Should one or both eyes of an infant become reddened or inflamed at any time within two weeks after birth, it shall be the duty

of the midwife, nurse, or person having charge of said infant, to report the condition of the eyes at once to some legally qualified practitioner of medicine of the city, town, or district in which the parents of the infant reside.

§2. Any failure to comply with the provisions of this act shall be punishable by a fine not to exceed one hundred dollars, or imprisonment not to exceed six months, or both.

§ 3. This act shall take effect from and after its passage.

ACT 2161.

Practice of medicine, regulating. [Stats. 1875-76, p. 792.]
Amended 1877-78, p. 918.

Repealed 1901, p. 64. See post, Acts 2162, 2163.
Citations. Cal. 54/95; 71/81; 81/372, 373; 106/296; 122/607.
АСТ 2162.

An act for the regulation of the practice of medicine and surgery in the state of California, and for the appointment of a board of medical examiners in the matter of said regulation. [Became a law under constitutional provision without governor's approval, February 27, 1901. Stats. 1901, p. 56.]

Citations. Cal. 143/413, 419; 144/177; 148/590; 151/501, 503; 153/768,

769.

"Constitutional (Ex parte Gerino, 143 Cal. 412). Unconstitutional in part (Hewitt v. Board of Medical Examiners, 148 Cal. 590). See Arwine v. Board of Medical Examiners, XXXIV Cal. Dec. 45. See, also, 1907, 258."-Code Commissioners' Note.

Probably superseded by the act of 1907, p. 252, regulating the practice of medicine. See this act, post, Act 2163.

АСТ 2163.

An act for the regulation of the practice of medicine and surgery, osteopathy, and other systems or modes of treating the sick or af flicted, in the state of California, and for the appointment of a board of medical examiners in the matter of said regulation.

[Approved March 14, 1907. Stats. 1907, p. 252.]

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§ 1. The governor shall appoint a board of medical examiners to be known as the board of medical examiners of the state of California, consisting of eleven members. Such appointments shall be made from separate lists presented to him every second year; five members from a list of ten names presented by the Medical Society of the State of California, two members from a list of four names presented by the California State Homeopathic Medical Society, two members from a list of four names presented by the Eclectic Medical Society of the State of California, and two members from a list of four names presented by the

Gen. Laws-39

Osteopathic Association of the State of California. Vacancies occurring in the representation of said societies, respectively, shall be filled by appointment from said lists. The appointment of each member shall be for a term of two years, and until his successor is appointed and qualified; provided, however, that no professor, instructor, or other person in any manner connected with, or financially interested in any college or school of medicine or surgery or osteopathy shall be appointed a member of said board. It shall require the affirmative vote of seven members of said board to carry any motion or resolution to adopt any rule to pass any measure or to authorize the issuance of any certificate as in this act provided.

Oath of office.

§ 2. Each member of said board, shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is a graduate in medicine and surgery or osteopathy, and a licensed practitioner of medicine and surgery, or of osteopathy, of this state.

Organization. Meetings. Examinations. Report of proceedings.

§ 3. Said board shall organize on or before the first Tuesday of May, 1907, by electing from its number a president, vice-president, secretary and treasurer, who shall hold their respective positions during the pleasure of said board. Said board shall hold its regular meetings in the city and county of San Francisco on the first Tuesday of April, August, and December of each year, with power of adjournment from time to time until its business is concluded; provided, however, that examinations of applicants for certificates may, in the discretion of the board. be conducted in any part of the state designated by the board. Notice of each regular meeting of the board shall be given by publication twice a week for each of the two weeks next preceding each meeting, in two daily papers published in the city of San Francisco, in one daily paper published in the city of Sacramento, and one daily paper published in the city of Los Angeles, which notice shall also specify the time and place of holding the examination of applicants. Special meetings of the board may be held at such time and place as the board may designate, and the same notice thereof shall be given as in case of regular meetings. Said board shall receive through its secretary applications for the certificates provided to be issued by this act, and shall on or before the first day of January of each year transmit to the governor a full report of all its proceedings, together with a report of its receipts and disbursements.

Office of board.

§ 4. The office of said board shall be in the city and county of San Francisco, and in all legal proceedings against the board the said city and county shall be deemed to be the residence of the members thereof. Rules.

§ 5. Said board may from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this act.

Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have authority to take evidence in any matter cognizable by it.

Forms of certificates. How to procure certificate.

Examination.

§ 6. Three forms of certificate shall be issued by said board under the seal thereof and signed by the president and the secretary; first, a certificate authorizing the holder thereof to practice medicine and surgery; second, a certificate authorizing the holder thereof to practice osteopathy; third, a certificate authorizing the holder thereof to practice any other system or mode of treating the sick or afflicted not referred to in this section.

In order to procure a certificate to practice medicine and surgery, the applicant for such certificate must file with said board at least two weeks prior to a regular meeting thereof, satisfactory testimonials of good moral character, and a diploma issued by some legally chartered medical school, the requirements of which shall have been at the time of granting such diploma in no particular less than those prescribed by the Association of American Medical Colleges for that year, or satisfactory evidence of having possessed such diploma, and he must also file with said diploma an application sworn to before some person authorized to administer oaths, and attested by the hand and seal of such officer, if he have a seal, stating that he is the person named in said diploma, that he is the lawful holder thereof, and that the same was procured in the regular course of instruction and examination, without fraud or misrepresentation. The said application shall be made upon a blank furnished by said board, and it shall contain such information concerning the medical instruction and the preliminary education of the applicant as said board may by rule provide. Applicants who have failed to meet the above requirements must be rejected. Applicants for a certificate to practice osteopathy shall be subject to the above regulations, except that in place of the diploma herein before referred to, they shall be required to file a diploma from a legally chartered college of osteopathy, having a course of instruction of at least twenty months, requiring actual attendance, and after 1908, of three years of nine months each, and including the studies examined upon under this act. Applicants for a certificate to practice any other system or mode of treatment not in this act referred to, shall be subject to the above regulations, except that in place of the diplomas hereinbefore referred to, they shall be required to file a diploma from a legally chartered college of the system or mode of treatment which the applicant claims or intends to follow.

In addition to the requirements above set forth, all applicants for a certificate must be personally examined by said board as to their qualifications. The examination shall be conducted in the English language, shall be practical in character and designed to discover the applicant's fitness to practice his profession, and shall be, in whole or in part, in writing on the following fundamental subjects, to wit: Anatomy, histology, gynecology, pathology, bacteriology, chemistry and toxicology

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