ACT 2549.

To protect the wages of labor and the salaries and fees of subordinate officers. [Stats. 1871-2, p. 951.]

This act appears in full in the appendix to the Penal Code, p. 634. It made it a felony to receive or retain a portion of the wages of laborers employed upon public works or the fees or salaries allowed to subordinate officers.

ACT 2550.

Concerning officers.

[Stats. 1861, p. 139.]

This act related to the signatures of ex-officio officers.

ACT 2551.

An act forbidding the employment of the inmates of state institutions in the manufacture, or production of articles, for the use of state officers, or the officers and employers of state institutions.

[Approved March 19, 1903. Stats. 1903, p. 210.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. No inmate of any state institution shall be employed in the manufacture or production, of any ar ticle, intended for the private and personal use of any state officer, or officer, or employee, of any state institution; provided, that this act shall not prevent repairing of any kind nor the employment of such inmates in household or domestic work connected with such institution. Sec. 2. All acts or parts of acts in conflict with this act, are hereby repealed.

Sec. 3. This act shall take effect on and after its passage.

ACT 2552.

An act to execute and carry into effect section three of article twenty of the constitution of the state of California.

[Approved March 23, 1901. Stats. 1901, p. 552.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. Whenever any person within this state shall hold any office or position of public trust and shall have taken the oath of office prescribed by section three of article twenty 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 non-compliance 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.

Sec. 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 lastnamed 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 unlawful.

Sec. 3.

This act shall take effect immediately.

TITLE 344.

ACT 2556.

OIL.

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

Section 1. It shall be the duty of the owner of any well that may be drilled in the state of California on lands producing or containing oil or petroleum, to properly case such well with metal casing, in accordance with the best approved methods, landing the casing in the clay or

other water-impervious strata or formation immediately underlying the surface water-bearing sands or strata, and also to, if the well be drilled to a sufficient depth, land the casing in the clay or other water-impervious strata or formation underlying such oil or petroleum-producing or bearing sands or strata, and effectually shut off all water overlying and underlying the oil or petroleum-producing or bearing sands or strata, and effectually prevent any water from penetrating such oil or petroleum-producing or bearing sands or strata.

Sec. 2. It shall be the duty of the owner of any well referred to in section one of this act, before abandoning same, to withdraw the casing therefrom and securely fill such well with clay, earth or mortar, or other good and sufficient materials, used alone or in suitable combination and thoroughly packed and tamped in the well, to a point one hundred feet above the upper oil or petroleum-bearing or producing sand or strata, and while withdrawing the casing therefrom, and effectually shut off and exclude all water underlying and overlying such oil or petroleumbearing or producing sand or strata from penetrating such sand or strata.

Sec. 3. The term "owner" as herein used shall mean and include each and every person, persons, copartner ship, partnership, association or corporation owning, managing, operating, controlling or possessing any well mentioned in sections one and two of this act, either as principal or principals, lessee or lessees of such principal or principals, and their and each of their employees; the term "oil or petroleum-producing or bearing sand or 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.

Sec. 4. Any violation of the provisions of this act shall be deemed a misdemeanor.

To prevent sale of as butter. [Stats. 1877-8, p. 535.]

"Probably repealed by 1883, 20; if not, it is superseded by 1895, 41, chap. CCCLXXXI, and 1897, 65, chap. LXXV."-Code Commissioners' note.

ACT 2562.

To prevent the sale of as butter.

[Stats. 1883, p. 20.]

"Probably repealed by 1895, 41, and 1897, 65."-Code Commissloners' note.

This act appears in full in Penal Code, Appendix, p. 636.

To regulate the sale of olive oil. [Stats. 1891, p. 46.] Repealed 1893, 211.

This act appears in full in the Appendix to the Penal Code, p. 640.

ACT 2568.

To regulate the sale of imitation olive oil. [Stats. 1893,

p. 210.]

This act appears in full in the appendix to the Penal Code,

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.]

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

Section 1. The practice of optometry is defined as follows, namely: The employment of subjective and objective mechanical means to determine the accommodative and refractive states of the eye and the scope of its functions in general.

Sec. 2. It shall be unlawful for any person to practice optometry in the state of California unless he shall first have obtained a certificate of registration and filed the same, or a certified copy thereof, with the clerk of the county of his residence, all as hereinafter provided.

Sec. 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 engaged in the actual practice of optometry, and residing in the state of California. Each member of said board shall hold office for a term of four years, and until his successor is appointed. 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 officers, and filed with the clerk of the county in which said member resides, and said board shall have a common seal.

Sec. 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.

Sec. 5. Every person before beginning to practice op tometry 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 is essential to the practice of optometry. Any person having signified to said board his desire to be examined by them shall appear before them at such time and place as they may designate, and before beginning such examination shall pay to the secretary of said board, for the use of said board, the sum of ten dollars, and if he shall successfully pass such examination, shall pay to said sec retary, for the use of said board, a further sum of five dollars on the issuance to him of a certificate. All per sons successfully passing such examination shall be regis tered in the board register, which shall be kept by said secretary, as licensed to practice optometry, and shall also receive a certificate of such registration, to be signed