§ 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. ACT 2583. TITLE 364. 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.] 504. Citations. Cal. 118/486, 487; 123/460; 150/64. App. 8/499, 500, 501, 503,' 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. If 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 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 To supply the town of Oroville with water for fire purposes. [Stats. 796.] 1877-78, p. Appropriation for relief of. [Stats. 1871-72, p. 903.] АСТ 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 Penal Code 1905: See note to § 271a, Penal Code. See, also, § 246, subd. 4, of the Civil Code. This act required the quarterly publication of the names of children admitted and also provided as to what constituted an abandonment of children. ACT 2595. Appropriating money for support of orphans, half-orphans, and abandoned children. [Stats. 1880, p. 13.] Amended 1883, p. 57; 1907, p. 856. Citations. Cal. 115/535; 123/151; 136/64; 139/400, 402, 406, 407, 408. ACT 2596. To authorize managers of orphan asylums to give their consent to the adoption of certain children under their care. [Approved April 1, 1878. Stats. 1877-78, p. 963.] See Civil Code, § 224. АСТ 2597. To provide for the appointment of guardians of children in orphan asylums maintained in any orphans' home or orphan asylum in this state. [Stats. 1893, p. 203.] This act appears in full in Civil Code, Appendix, p. 811. ACT 2602. TITLE 367. An act to regulate the practice of osteopathy in the state of California, and to provide for a state board of osteopathic examiners, and to license osteopaths to practice in this state, and punish persons violating the provisions of this act. [Became a law under constitutional provision without governor's approval, March 9, 1901. Stats. 1901, p. 113.] Amended 1909, p. 418. Probably superseded by the act of March 14, 1907, regulating the practice of medicine, surgery, osteopathy and other modes of treating the sick or afflicted: See ante, Act 2163. ACT 2607. TITLE 368. Concerning oysters. [Stats. 1851, p. 432.] Continued in force by codes,-Penal Code, § 23; Political Code, § 19,-and later repealed, Stats. 1873-74, p. 941. ACT 2608. Concerning oyster-beds. [Stats. 1865-66, p. 848.] Continued in force, Penal Code, § 23; Political Code, § 19, and later repealed, Stats. 1873-74, p. 940. ACT 2609. Encouraging planting and cultivation of. [Stats. 1873-74, p. 940.] Citations. Cal. 150/894. TITLE 369. PARIS GREEN. ACT 2614. An act to prevent fraud in the sale of paris green used as an insecticide, [Became a law under constitutional provision without governor's approval, February 28, 1901. Stats. 1901, p. 69.] § 1. It shall be the duty of each and every manufacturer of paris green (commercial aceto arsenite of copper) to be used as an insecticide within this state, and of every dealer in original packages of said paris green manufactured outside of this state, before the said paris green is offered or exposed for sale, or sold within this state as an insecticide, to submit to the director of the California agricultural experiment station at Berkeley, samples of said paris green, and a written or printed statement setting forth: First, the brands of said paris green to be sold, the number of pounds contained in each package in which it is put on the market for sale, the name or names of the manufacturers and the place of manufacturing the same; second, the statement shall set forth the amount of combined arsenic which the said paris green contains, and the statement so furnished shall be considered as constituting a guarantee to the purchaser that every package of such paris green contains not less than the amount of combined arsenic set forth in the statement. § 2. Every purchaser of said paris green in original packages, which is manufactured outside of this state, who intends to sell or expose the same for sale, and every manufacturer of said paris green within this state, shall, after filing the statement above provided for, with the director of the California agricultural experiment station at Berkeley, receive from the said director a certificate stating that he has complied with the foregoing statement, which certificate shall be furnished without charge therefor; said certificate when furnished shall authorize the party when receiving the same to deal in this state in the said paris green. Any person who fails to comply with the terms of section 1 of this act shall not be entitled to such certificate and shall not be entitled to deal in said paris green within this state. Nothing in this section shall be construed as applying to retail dealers selling said paris green which has already been labeled and guaranteed. § 3. Paris green, when sold, offered or exposed for sale, as an insecticide, in this state, shall contain at least fifty per centum of arsenious oxide and shall not contain more than four per centum of the same in the uncombined state. § 4. The director of the California state agricultural station at Berkeley shall examine or cause to be examined different brands of paris green sold, offered or exposed for sale within the state, and cause samples of the same to be analyzed, and shall report results of analyses forthwith to the secretary of the state board of horticulture and to the party or parties submitting said samples, and such report shall be final as regards its quality. § 5. Any person or persons, firm, association, company or corporation violating any of the provisions of this act, and any person who shall sell any package of paris green or any part thereof which has not been labeled as herein provided, shall be guilty of a misdemeanor, and shall be fined not less than fifty dollars nor more than two hundred dollars, together with the costs of the suit in an action caused to be brought by the state board of horticulture through its secretary in the name of the people of the state of California. § 6. The attorney general of the state of California is charged with the prosecution of all such suits. § 7. This act shall take effect immediately. TITLE 370. ACT 2619. PAROLE COMMISSIONERS. To establish board of parole commissioners for the parole of and government of paroled prisoners. [Stats. 1893, p. 183.] Amended 1901, p. 82. This act appears in full in Penal Code, Appendix, p. 897. ACT 2620. An act to provide for the creation of a board of parole commissioners for each county in this state, for the paroling of prisoners confined in county jails, and authorizing and empowering such boards to make rules and regulations in relation thereto. [Approved March 25, 1909. Stats. 1909, p. 783.] §1. A board of parole commissioners consisting of the sheriff and district attorney is hereby created for each county in this state, who shall establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the county jail of said county after judgment of conviction for the commission of a misdemeanor, may be allowed to go upon parole outside of the said jail, but to remain while on parole in the legal custody and under the control of the board establishing said rules and regulations, and subject at any time to be taken back within the enclosure of said jail; and full power to make and enforce such rules and regulations and retake and imprison any prisoner so upon parole is hereby conferred upon the said board herein before mentioned, whose written order shall be a sufficient warrant for all officers named therein to authorize such officer to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and villages, and sheriffs of counties, and all police and peace officers and constables to execute any such order in like manner as ordinary criminal process. If any prisoner so paroled shall leave the county in which he was so imprisoned without permission from the board granting his parole, he shall be held as an escaped prisoner and arrested as such. § 2. This act shall take effect immediately from and after its passage. |