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 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 injunc tion 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. 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 elay 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 oth sufficient materials, used alone or in suitable and thoroughly packed and tamped in the we one hundred feet above the upper oil or petr or producing sand or strata, and while wit casing therefrom, and effectually shut off an water underlying and overlying such oil or p ing or producing sand or strata from penetrati or strata. Sec. 3. The term "owner" as herein used and include each and every person, person ship, partnership, association or corporation aging, operating, controlling or possessing a tioned in sections one and two of this act, e cipal or principals, lessee or lessees of such principals, and their and each of their employ 'oil or petroleum-producing or bearing sand herein used shall mean and include any bed, se of rock or sand or other material which cont or yields earth oil, rock oil, or petroleum gas or either of them. Sec. 4. Any violation of the provisions of be deemed a misdemeanor. ACT 2561. TITLE 345. To prevent sale of as butter. [Stats. 1877 "Probably repealed by 1883, 20; if not, it is su 41, chap. CCCLXXXI, and 1897, 65, chap. LXXV."—C ers' Note. ACT 2562. To prevent the sale of as butter. [Stats. "Probably repealed by 1895, 41, and 1897, 65."-C ers' Note. This act appears in full in Penal Code, Appendi TITLE 346. OLIVE OIL. ACT 2567. To regulate the sale of olive oil. [Stats. Repealed 1893, 211. This act appears in full in the Apepndix to the F 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, p. 638. ACT 2573. TITLE 347. 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 objec tive 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 mer bers president, and one secretary thereof, who severally shall have the power during their term of office to administ affidavits, certifying thereto under their of the board. Said board shall meet at year at the state capitol, and in addition and wherever the president and secretary a meeting; a majority of said board sha stitute a quorum. The secretary of sai a full record of the proceedings of said b shall at all reasonable times be open to p Sec. 5. Every person before beginni tometry in this state, after the passage pass an examination before said bo Such examination shall be confined to is essential to the practice of optom having signified to said board his desi by them shall appear before them at s as they may designate, and before amination shall pay to the secretary of use of said board, the sum of ten dolla successfully pass such examination, sha retary, for the use of said board, a f dollars on the issuance to him of a C sons successfully passing such examinat tered in the board register, which shal secretary, as licensed to practice opt also receive a certificate of such registr by the president and secretary of said bo filed as herein before provided. Sec. 6. Every person who is actually e tice of optometry in the state of Califor the passage of this act, shall, within six file an affidavit in proof thereof with sa make and keep record of such person, an sideration of the sum of five dollars, issue of registration. Sec. 7. All persons entitled to a certif under the full provisions of section six, s the provisions of section five of this act. Sec. 8. Recipients of said certificate present the same for record to the clerk which they reside, and shall pay a fee o clerk for recording the same. Said cler certificate in a book to be provided by h Any person so licensed removing his reside to another in this state shall, before enga of optometry in such other county, obtai the county in which said certificate of registration is recorded, a certified copy of such record, or else obtain a new certificate of registration from the board of examiners, 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 thereof for recording the same, a fee of fifty cents. Any failure, neglect or refusal on the part of the person holding such certificate or copy of record to file the same for record, as hereinbefore provided, for six months after the issuance thereof, shall forfeit the same. Such board shall be entitled to a fee of one dollar for the reissue of any certificate, and the clerk of any county shall be entitled to a fee of one dollar for making and certifying a copy of the record of any such certificate. Sec. 9. Any person entitled to a certificate, as provided for in section six 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 record, as hereinbefore provided, for six months after the issuance thereof, shall forfeit the same. Sec. 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. Sec. 11. Out of the funds coming into the possession of said board, each member thereof may receive, as compensation, the sum of five dollars for each day actually engaged in the duties of his office, and mileage at three cents per mile for all distance necessarily traveled in going to and coming from the meetings of the board. Said expenses 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 expenses 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 expenses of said board and carrying out the provisions of this act, and he shall |