by section 3 of article 20 of the state constitution upon entering upon such office, or shall, after his election or appointment, have offered to take such oath, it shall be unlawful to remove such person from such office or position of public trust because such person has not complied with some or any provision of any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, and any person who is removed or threatened with removal from any office or position of public trust under any pretense or device whatever, if the real reason be because of noncompliance with provisions requiring such additional test or qualification, shall be entitled to restrain such unlawful removal or to enforce restoration by process of injunction, both prohibitory and mandatory. § 2. It shall be unlawful for any person having the power of removal from office of any public official, state or local, to remove or threaten to remove such official from his office because such official in the appointment of any person to a position of public trust under such last-named official, refuses to require any test or additional qualification than the oath referred to in section one of this act as a condition of permitting such appointee to enter upon or remain in such position of public trust; and such person making or threatening such unlawful removal from office may be restrained by prohibitory and mandatory injunction from effecting such removal under any pretense or device if the real reason of such removal or threatened removal be or was such as herein declared unlaw ful. § 3. This act shall take effect immediately. ACT 2553. An act providing for vacations for certain employees of the state. [Approved March 15, 1909. Stats. 1909, p. 383.] § 1. Each employee regularly employed at the state hospitals and each employee regularly employed in the service of any of the state commissions, or state boards or in the state printing office who shall have been employed for a period of not less than six months shall be allowed, during each year of his service, a vacation of not less than fifteen days' duration; said vacation to be without loss of pay, and the time allowed for said vacation to be designated by the management of such state hospitals, and by the members of the state commissions and state boards and by the superintendent of state printing. §2. This act shall take effect immediately. Gen. Laws-59 TITLE 359. АСТ 2556. An act to prevent injury to oil or petroleum-bearing strata or formations by the infiltration or intrusion of water therein. [Approved March 24, 1903. Stats. 1903, p. 399.] Repealed 1909, p. 586. ACT 2557. An act to prevent injury to oil, gas or petroleum-bearing strata or for mations by the penetration or infiltration of water therein. [Approved March 20, 1909. Stats. 1909, p. 586.] § 1. It shall be the duty of the owner of any well now drilled or that may be drilled in the state of California on lands producing or containing oil, gas or petroleum, to properly case such well or wells, with metal casing in accordance with most approved methods, and to effectually shut off all water overlying or underlying the oil-bearing strata and to effectually prevent any water from penetrating such oil-bearing strata. § 2. It shall be the duty of the owner of any well referred to in section 1 of this act, before abandoning the same to withdraw the casing therefrom, and to securely fill such well with clay, earth or cement mortar, or other good and sufficient materials, used alone or in suitable combination, and thoroughly pack and tamp the same into such well to a point as far above the upper oil-bearing strata as the commissioner hereinafter provided for may decide shall be necessary, and while withdrawing the casing therefrom to effectually and permanently shut off and exclude all water underlying and overylying said oil-bearing strata, and to the satisfaction of the commissioner, whether any oil-bearing strata has been encountered or not. § 3. It shall be the duty of the owner of any well referred to in sec tion 1 of this act, to keep a careful and accurate log of the drilling of such well, such log to show the character and depth of the formations passed through or encountered in the drilling of such well, and particularly to show the location and depth of the water-bearing strata, together with the character of the water encountered from time to time, and to show at what point such water was shut off, if at all, and if not to so state in such log, and show the depth at which oil-bearing strata is encountered, the depth and character of the same, and whether all water overlying and underlying such oil-bearing strata was successfully and permanently shut off so as to prevent the percolation or penetration into such oil-bearing strata; said record of well to be kept on file and subject to the inspection of hereinafter mentioned commissioner at any time during business hours. § 4. The term "owner" as herein used shall mean and include each and every person, persons, partnership, copartnership, association or corpora tion owning, leasing, managing, operating, drilling or possessing any well mentioned in sections 1 and 2 of this act, either as principal or principals, lessee or lessees of such principal or principals, contractor or contractors, and their and each of their employees. The term "oil-bearing strata" as herein used shall mean and include any bed, seam or stratum of rock or sand or other material which contains, includes, or yields earth oil, rock oil, or petroleum oil or natural gas or either of them. In order to carry out the provision of sections 1 and 2 of this act, upon petition of three or more operating oil companies, within the county, it shall be the duty of the board of supervisors of said county to appoint a commissioner who shall be a practical oil man, whose term of office shall be until December 31st of the year following time of appointment or until his successor is appointed. The duties of said commissioner shall be to see that the provisions of this act shall be enforced. The compensation of said commissioner shall be fixed by the board of supervisors and shall be paid out of the general county fund. Upon the filing of a complaint with said commissioner alleging the violation of any of the provisions of sections 1 or 2 of this act, it shall be the duty of the herein before mentioned commissioner of the county, if so requested by the complainants, to make or cause to be made, a thorough investigation of the well in question, to determine whether or not any of the provisions of this act have been violated and for such purpose he is hereby empowered to appoint all necessary agents and assistants to conduct such examination and such agents and assistants may enter upon the premises where such well is situated and may take charge of such well for the purpose of making such investigations. If the defendant in the action shall be convicted of a violation of any of the provisions of sections 1 or 2 of this act, he shall, in addition to the penalties hereafter set forth, pay all reasonable and proper costs incident to the making of such investigations. Any well drilled and abandoned, in violation of sections 1 or 2 of this act is hereby declared a public nuisance. If any well, under the provision of sections 1 or 2 of this act be declared a public nuisance, it shall be the duty of commissioner of the county in which such well is situated to enter upon the premises, take possession of such well and to abate said nuisance and to take all necessary steps to prevent the percolation or penetration of water into the oil-bearing strata. He shall keep an accurate account of the expense of such work and all expenses so incurred shall be a charge against the owner of such well and a lien upon the same. Any person violating the provisions of this act shall be guilty of a misdemeanor. Any owner of any well referred to in sections 1 or 2 of this act, who refuses to permit the commissioner to inspect the same or who willfully hinders or delays the commissioner in the performance of his duty is guilty of a misdemeanor. An "act" to prevent injury to oil, or petroleum-bearing strata, or formations by infiltration or intrusion of water therein approved March 24, 1903, is hereby appealed. АСТ 2561. TITLE 360. To prevent sale of as butter. [Stats. 1877-78, p. 535.] "Probably repealed by 1883, p. 20; if not, it is superseded by 1895, p. 41, c. CCCLXXXI, and 1897, p. 65, c. LXXV."-Code Commissioners' Note. ACT 2562. To prevent the sale of as butter. [Stats. 1883, p. 20.] "Probably repealed by 1895, p. 41. See 1897, p. 65; 1907, p. 265."-Code Commissioners' Note. TITLE 361. ACT 2567. To regulate the sale of olive oil. [Stats. 1891, p. 46.] АСТ 2568. To regulate the sale of imitation olive oil. [Stats. 1893, p. 210.] This act appears in full in Appendix, Penal Code, p. 2085. TITLE 362. ACT 2573. An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation. [Approved March 20, 1903. Stats. 1903, p. 285.] Amended 1907, p. 63; 1909, p. 775. § 1. Any person shall be deemed to be practicing optometry within the meaning of this act who shall display a sign, or in any way advertise himself as an optician or optometrist, or who shall employ any means for the measurement of the powers of vision, or the adaption of lenses for the aid thereof, or who shall, in the sale of spectacles or eye-glasses or lenses, use in the testing of the eyes therefor, lenses other than the lenses actually sold. [Amendment approved March 25, 1909. Stats. 1909, p. 775.] § 2. It shall be unlawful for any person to engage in the practice of optometry in the state of California unless such person shall have obtained a certificate of registration from the California state board of examiners in optometry, as hereinafter provided. [Amendment approved March 25, 1909. Stats. 1909, p. 775.] § 3. There is hereby created a board, whose duty it shall be to carry out the purposes and enforce the provisions of this act, and shall be styled the California State Board of Examiners in Optometry. Said board shall be appointed by the governor as soon as practicable after the passage of this act, and shall consist of three persons actually engaged in the practice of optometry and residing in the state of California. Each member of said board shall hold office for a term of six years, one member of the board to retire every two years, but members shall hold office until their successors are appointed and qualified. Appointments to fill vacancies caused by death, resignation or removal, shall be 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 state officers, and filed with the clerk of the county in which said member resides and said board shall have a common seal. [Amendment approved February 28, 1907, Stats. 1907, p. 64.] § 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. § 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 said board deems essential to the practice of optometry. Examinations shall be given by the board at least four times in each year, the first examination to begin on the second Monday in March, and to be hel in San Francisco, California; the second to begin on the second Monday in June, and to be held in Los Angeles, California; the third examination to begin on the second Monday in September, and to be held in San Francisco, California, and the fourth examination to begin on the second Monday in December, and to be held in Los Angeles, California. Any person desiring to be examined by said board must fill out and swear to an application furnished by the board, and must file the same with the secretary of said board at least two weeks prior to the holding of an examination which the applicant is desirous of taking. Each applicant on making application shall pay to the secretary of the board a fee of twenty dollars, which shall be for the use of said board. All persons enccessfully passing such examinations shall be registered in the board register, which shall be kept by said secretary, as licensed to pracice optometry, and shall receive a certificate of such registration, to be |