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Sec. 16. Definition. The following persons shall be deemed as practicing medicine or surgery within the meaning of this act:

1. Those who profess to be, or hold themselves out as being, engaged as doctors, physicians or surgeons in the treatment of disease, injury, or deformity of human beings.

2. Those who, for pecuniary or valuable consideration, shall prescribe medicine, magnetism, or electricity, in the treatment of disease, injury, or deformity of human beings.

3. Those who, for pecuniary or valuable consideration, shall employ surgical or medical means or appliances for the treatment of disease, injury, or deformity of human beings, except dealers in surgical, dental and optical appliances.

4. Those who, for a pecuniary or valuable consideration, prescribe or use any drug or medicine, appliance, or medical or surgical treatment, or perform any operation for the relief or cure of any bodily injury or disease.

The doing of any of the acts in this section mentioned shall be taken to be prima facie evidence of an intent on the part of the person doing any of said acts to represent himself as engaged in the practice of medicine or surgery, or both; but nothing in this act shall be so construed as to inhibit service in the case of emergency, or the domestic administration of family remedies; nor shall this act apply to any commissioned medical officer in the United States army, navy, or marine hospital service, in the discharge of his professional duties, nor to any legally qualified dentist when engaged exclusively in the practice of dentistry, nor to any physician or surgeon from another state or territory, when in actual consultation with a legal practitioner of this state, if such physician or surgeon is, at the time of such consultation, a legal practitioner of medicine or surgery in the state or territory in which he resides; nor to any physician or surgeon residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine or surgery therein, whose practice extends within the limits of this state; provided, that such practitioner shall not open an office or appoint a place to meet patients or receive calls within the limits of this state.

Sec. 17. Repeal. An act entitled "An act to regulate the practice of medicine in the State of California," ap

proved April third, eighteen hundred and seventy-six; and an act entitled "An act supplemental to and amendatory of an act entitled 'An act to regulate the practice of medicine in the state of California,' April third, eighteen hundred and seventy-six," which became a law April first, eighteen hundred and seventy-eight, and all acts, and parts of acts, in conflict with this act, are hereby repealed.

Sec. 18. This act shall take effect from and after the first day of August, nineteen hundred and one.

ACT 2162a.

An act appropriating twenty-five hundred ($2500) dollars to enable the Board of Medical Examiners of the State of California to restore certain property and records destroyed by fire which said property and records are necessary for the business of the office of the Board of Medical Examiners of the State of California.

[Approved June 14, 1906.]

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

Section 1. There is hereby appropriatel for the office of the Board of Medical Examiners of the State of California out of any money in the state treasury not otherwise appropriated, the sum of twenty-five hundred ($2500) dollars to enable the Board of Medical Examiners of the State of California to restore certain records and property destroyed by fire, which said records and property are necessary for the business of the Board of Medical Examiners of the State of California.

Sec. 2. The state controller is hereby directed to draw his warrant for the sum in this act appropriated in favor of the Board of Medical Examiners of the State of California upon their requisition for the same and the state treasurer is hereby directed to pay said warrant. Sec. 3. This act shall take effect immediately.

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ACT 2168.

Purchase and erection of bridges in, building and improvement of roads. [Stats. 1875-6, p. 376.]

АСТ 2169.

Providing for disposal of lots in towns on the public lands in. [Stats. 1860, p. 287.]

Superseded by 1867-8, 487.

This act was passed to carry out the provisions of an act of congress for the relief of citizens of towns on the public lands.

АСТ 2170.

Fixing salaries of certain officers of. [Stats. 1873-4, p.

174.]

Amended 1877-8, 183. Repealed by County Government Act, 1897, 525, sec. 174.

This act fixed the salaries of sheriff, county clerk, and recorder. ACT 2171.

Regulating fees of certain officers of. [Stats. 1873-4, p.

539.]

Repealed by County Government Acts, 1897, 525, sec. 174, and fee bill of 1895, 267.

АСТ 2172,

Repealing all special road laws in. [Stats. 1873-4, p. 359.] АСТ 2173.

To provide for the election of supervisors in. [Stats. 1877-8, p. 1021.]

Repealed by the County Government Acts, 1897, 452.

ACT 2178.

TITLE 299.

MENLO PARK.

Incorporation. [Stats. 1873-4, p. 533.]

Repealed 1875-6, 400.

АСТ 2183.

TITLE 300.

MERCED CITY.

Protection against fire in. [Stats. 1877-8, p. 214]

ACT 2188.

TITLE 301.

MERCED COUNTY.

Separating office of county recorder from county clerk, and regulating the salaries of certain officers in. [Stats. 1873-4, p. 660.]

Amended 1877-8, 107, 137. Repealed by County Government Acts, 1897, 557, sec. 198.

АСТ 2189.

Licenses, collection of. [Stats. 1875-6, p. 508.] Repealed by County Government Acts, 1897, 452.

ACT 2190.

Collection of poll taxes in. [Stats. 1877-8, p. 837.]
Repealed by Political Code, sec. 2652.

ACT 2191.

Public administrator, bonds of. [Stats. 1871-2, p. 21.]
Superseded by County Government Act, 1897, 475.

ACT 2192.

Authorizing the supervisors to sell and convey the courthouse block and buildings in the town of Snelling. [Stats. 1873-4, p. 239.]

АСТ 2193.

Witness fees in. [Stats. 1873-4, p. 732.]

Repealed 1875-6, 493.

Gen. Laws-39

4

TITLE 302.
MEXICAN WAR.

ACT 2197.

Authorizing trustees of Associated Veterans of, to exchange certain lands for certain other property belonging to the city and county of San Francisco, or for a lease of such property. [Stats. 1871-2, p. 363.]

Amended 1881, 66.

АСТ 2200.

TITLE 303.

MILITARY ACADEMY.

An act to furnish arms for the use of military academies in the state.

[Approved February 20, 1872. Stats. 1871-2, p. 121.]

Military academies-Majors.

Section 1. That when a military academy has been established within the state, having not less than eighty boys, uniformed, drilled, and instructed in strict accordance with the tactics of the regular United States army service, and all its course of education and economy conducted upon strict military principles, the military instructor of such academy, when regularly elected by the board of trustees or other lawful authority of the academy, be commissioned in the National Guard of California, with the rank of major.

Bond and issue of arms, etc.

Sec. 2. That upon giving bond, with good security, to be approved by the county judge of the county where the academy is situated, conditioned for the safe-keeping against fire, loss and against all damages, in twice the value, that arms and accoutrements, the property of the state, be issued for the use of such military academy.

Requisition,

Sec. 3. The adjutant-general of the state is hereby authorized to issue such arms and accoutrements as may

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