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signed by the president and secretary of said board, upon the payment to the secretary of said board of the sum of five dollars, which said sum shall be for the use of said board. [Amendment approved March 25, 1909. Stats. 1909, p. 775.]

Also amended in 1907, Stats. 1907, p. 64.

§ 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.

§ 7. All persons entitled to a certificate of registration under the full provisions of section 6, shall be exempt from the provisions of section 5 of this act.

§ 8. All recipients of said certificate of registration shall present the same for filing 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 certificate of registration, 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 of said county for recording the same a fee of fifty cents. Any failure, neglect, or refusal on the part of any person holding such certificate of registration, or certified copy of such certificate of registration, to record the same, as herein before provided, for six months after the issuance of said certificate of registration, or from the date of removal of residence shall ipso facto work the forfeiture of his certificate of registration, and it shall not be restored except upon the payment of twenty-five dollars to the California state board of examiners in optometry. [Amendment approved March 25, 1909. Stats. 1909, p. 776.]

§9. Any person entitled to a certificate, as provided for in section 6 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 rec

ord, as herein before provided, for six months after the issuance thereof, shall forfeit the same.

§ 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.

§ 11. Out of the funds coming into the possession of said board, each member thereof may receive as compensation, the sum of ten dollars for each day actually engaged in the duties of his office, and mileage at five cents per mile for all distances necessarily traveled in going to and coming from the meetings of the board. Said expense 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 expense 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 the expense 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 [Amendment approved March 25, 1909. Stats. 1909, p. 776.]

act.

§ 12. Every registered optometrist who desires to continue the practice of optometry in this state, shall annually, on or before the first day of August of each year, pay to the secretary of said board a registration fee to be fixed by the board, and which shall in no case exceed the sum of five dollars per annum, for which he shall receive a renewal of such registration, and in case of the default of such payment by any person, his certificate shall be revoked by the board of examiners, on twenty days' notice in writing by the secretary of the time and place of considering such revocation, and the deposit of said notice in the United States postoffice, addressed to the person at his last known place of residence or business, and the postage prepaid thereon, shall be due and legal service of such notice, but no certificate shall be revoked for such nonpayment if the person so notified shall pay before or at the time of consideration of said revocation his fee and such penalty as may be imposed by said board; provided that said board may impose a penalty not exceeding ten dollars upon persons so notified as a condition for allowing certificates to stand valid. Any person whose certificate of registration has been revoked for failure to pay his renewal fee, as herein provided, may apply to have the same regranted, and the same shall be regranted to him upon his paying to the board all renewal fees that should have been paid had the certificate of registration not been revoked, together with a penalty of twenty five dollars. [Amendment approved March 25, 1909. Stats. 1909, p. 777.]

Also amended in 1907, Stats. 1907, p. 65.

§ 13. Any person registered as provided for in this act may have his certificate of registration revoked or suspended by the California State Board of Examiners in Optometry for any of the following clauses:

1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction, or a certified copy thereof certified by the clerk of the court, or by the judge in whose court the conviction is had, shall be conclusive evidence.

2. When his certificate of registration has been secured by fraud or deceit practiced upon the board.

3. For unprofessional conduct, or for gross ignorance or inefficiency in his profession. Unprofessional conduct shall mean employing what are known as "cappers" or "steerers" to obtain business; the obtaining of any fee by fraud or misrepresentation; employing, directly or indirectly, any suspended or unlicensed optician or optometrist to perform any work covered by this act; the advertising of optical business or treatment or advice in which untruthful, improbable, or impossible statements are made; or habitual intemperance, or gross immorality.

4. When the holder is suffering from a contagious or infectious disease. Provided, however, that before any certificate shall be so revoked or suspended the holder thereof shall have notice in writing of the charge or charges against him, and at a date specified in said notice at least five days after the service thereof, be given a public hearing, and have an opportunity to produce testimony in his favor, and to confront the witnesses against him. Any person whose certificate has been suspended 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. [Amendment approved March 25, 1909. Stats. 1909, p. 777.]

§ 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 fifty dollars, nor more than two hundred dollars, or shall be confined not less than one month, nor more than three months in the county jail; or fined not less than fifty dollars, nor more than two hundred dollars, and imprisoned 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 to the secretary of the board for the purposes of the enforcement of this act. [Amendment approved February 28, 1907. Stats. 1907, p. 65.]

§ 15. All 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, and it shall be the duty of police officers, sheriffs, constables and mar shals to report any violations of this act to the secretary of the California State Board of Examiners in Optometry, and render such assistance to the board, or an officer thereof, as they may be called upon to perform. [Amendment approved March 25, 1909. Stats. 1909, p. 778.]

§ 16. Nothing in this act shall be construed to apply to physicians or surgeons authorized to practice under the laws of the state of California, nor to persons who sell spectacles or eye-glasses, or lenses as merchandise. [Amendment approved March 25, 1909. Stats. 1909, p. 778.]

Also amended in 1907, Stats. 1907, p. 65.

§ 17. It shall be unlawful for the board of examiners in optometry to grant a certificate to any one in the state of California under legal age. [Amendment approved February 28, 1907. Stats. 1907, p. 65.]

ACT 2578.

TITLE 363.

ORANGE COUNTY.

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.] Citations. Cal. 81/491, 501; 104/236; 152/228.

AUT 2583.

TITLE 364.
ORDINANCES.

An act to require ordinances and resolutions passed by the city council or other legislative body of any municipality 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.]

Citations. Cal. 118/486, 487; 123/460; 150/64. App. 8/499, 500, 501, 503,
Unconstitutional as to cities having charters: Morton v. Broderick, 118 Cal.

504.

486.

§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. he disapprove it he shall specify his objections thereto in writing. If he do not return it with such disapproval within the time above 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, re

If

consider 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 threefourths 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.

§ 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.

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

§ 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.

§ 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 2588.

TITLE 365
OROVILLE.

To supply the town of Oroville with water for fire purposes. [Stats.

ACT 2593.

1877-78, p. 796.]

TITLE 366.

ORPHAN ASYLUM.

Appropriation for relief of. [Stats. 1871-72, p. 903.]
Apparently superseded by 1880, p. 13.

ACT 2594.

In relation to the care of orphan and abandoned children. [Stats. 1873-74, p. 297.]

Amended 1877-78, p. 72.

Partly codified by amendment of the Penal Code 1905: See § 271a of the Penal Code. See, also, § 246, subd. 4, of the Civil Code.

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