and retirement fund in any county or consolidated city and county, and all those who became contributors thereto within the first five years after the creation of said fund shall be known as unclassified contributors. All who become contributors during the first decade after the fund shall have been in existence for five years shall be known as class A, and those who become contributors to said fund during each decade thereafter shall be known as classes B, C, D, respectively; each of said classes shall exist for four periods, the first three being for ten years each and the fourth for five years. When the term for which any class has been formed shall have elapsed, all contributors to such classes who continue to contribute, shall be considered as unclassified. (2) The distribution fund. The distribution fund shall not be formed in any county or consolidated city and county, until the said public school teachers' annuity and retirement fund shall have been in existence for five years. It shall then consist of (a) The income not herein before set aside and declared a part of the reserve fund. (b) After the said fund shall have been in existence for twenty years, in addition to the income not heretofore set aside for the reserve fund, there shall be transferred quarterly, during the next five years, from the reserve fund to the distribution fund, sixty (60) dollars; provided, that the earnings of the reserve fund for that period shall be equal to, or shall exceed, two hundred and forty (240) dollars per annum. If the earnings of the reserve fund shall not equal two hundred and forty (240) dollars per annum, the amount transferred quarterly from the reserve fund to the distribution fund shall be equal to the quarterly interest of the reserve fund. (c) After the said fund shall have been in existence for twenty-five (25) years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund, and one hundred and sixty (160) dollars to be transferred quarterly, during the next five years from the reserve fund to the distribution fund; provided, however, that this amount does not exceed the quarterly earnings of the reserve fund for that period. Should the one hundred and sixty (160.00) dollars exceed the said quarterly earnings, then an amount equal to the quarterly earnings of the reserve fund shall be so transferred. (d) After the said fund shall have been in existence for thirty years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund and all of the interest of the reserve fund during the next five years. And should the aforesaid fail to give sufficient funds to pay half of the annuities due, then there shall be transferred quarterly from the reserve fund, over and above the earnings of the reserve fund, thirty (30) dollars per quarter. (e) After the said fund shall have been in existence for thirty-five years, the distribution fund shall consist of the Distribution fund. Binding clause. income not heretofore set aside for the reserve fund. Also the (f) After the said fund shall have been in existence for forty All disbursements shall be from the distribution fund, except as otherwise provided in section four. SEC. 7. Section twelve of the act designated in section one hereof is hereby amended to read as follows, viz.: Section 12. This act shall be binding upon such public school teachers, and such officers mentioned in said subdivision four of section twelve as shall sign and deliver to the public school teachers' retirement fund commissioners, and to the secretary of the board of education of the incorporated city or town, or consolidated city and county, or to the clerk of the board of trustees of the school district, in which they are employed, a notice in substantially the following form: 19-. To the Public School Teachers' Retirement Fund Commis- Signed Provided, that at least thirty public school teachers within the (2) In consolidated cities and counties it shall be binding 1 1 (3) Annuities heretofore granted under the provisions of the act of which this act is amendatory shall be continued for the same amount as heretofore paid, subject, however, to the conditions imposed by sections nine (9) and eleven (11) of this act. (4) Any county, consolidated city and county, or city superintendent of schools of this state, and any deputy superintendent of schools for any county, consolidated city and county, or city of this state, and any person engaged in any other educational work, required by law to have the qualifications of a teacher in the public schools of this state, may avail himself of the provisions of this act; and wherever the word "teacher" is used in this act it shall be deemed to include such officer or officers. SEC. 8. Section thirteen of the act designated in section one hereof, is hereby amended to read as follows, viz.: money,etc. Section 13. Every public officer who shall issue, or receive Record of in his official capacity, any warrant, or who shall receive or pay out any money, in any manner connected with, pursuant to, or dependent upon, the provisions of this act, shall keep a full, accurate and public record of all his transactions appertaining to the same. SEC. 9. This act shall take effect immediately. CHAPTER CCXXXII. An act to provide for the covering or fencing of abandoned mining shafts, pits or excavations, the penalty, and also the penalty for removing or destroying the covering or fencing from same. [Approved March 20, 1903.] The people of the State of California, represented in senate ana assembly, do enact as follows: land must abandoned pits, etc. SECTION 1. All abandoned mining shafts, pits or other Owners of abandoned excavations dangerous to passers-by or live stock cover shall be securely covered or fenced, and kept so, by the owners of the land or persons in charge of the same, on which such shafts, pits or other excavations are located. Any person or persons failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor. pervisors. SEC. 2. All abandoned mining shafts, pits or other excava- Duty of sutions situated on unoccupied public lands may be securely covered or fenced by order of the board of supervisors of the county wherein the same is situated, and it shall be the duty of the board of supervisors to keep the same securely fenced or covered whenever it appears to them, by proof submitted, that the same is dangerous or unsafe to man or beast. The cost of said covering or fencing to be a county charge. covers a Removing SEC. 3. Any person or persons maliciously removing or destroying any covering or fencing placed around or over any shaft, pit or other excavation, as herein before provided, shall be deemed guilty of a misdemeanor. misdemeanor. SEC. 4. This act shall take effect six months from the day of passage. Drug ped dlers must obtain license. Annual CHAPTER CCXXXIII. An act imposing a license tax upon itinerant vendors of drugs, nostrums, ointments, or appliances sold for the cure of disease, injuries, or deformities. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. No person, as principal or agent, shall conduct as an itinerant vendor the business of selling drugs, nostrums, ointments, or any appliances for the treatment of disease, deformities, or injuries, within this state, without previously obtaining a license therefor as herein provided. SEC. 2. An annual license fee of two hundred dollars is license fee. hereby levied upon all such itinerant vendors doing business in this state. Said tax shall be paid to the state board of pharmacy, for the use and benefit of the State of California, and shall constitute a special fund for the payment of the expense of said board of pharmacy, and for the enforcement of this act, and of the provisions of the act or acts creating such board of pharmacy. Upon the receipt of said sum from any persons desiring to conduct such business within this state, the secretary of said board of pharmacy shall issue a license to such person to carry on such business within this state until the first day of July, next ensuing; provided, that nothing in this act shall be construed to prevent the collection of any tax that may be imposed by any county or municipal authorities; and provided, further, that nothing herein contained shall prevent manufacturing pharmaceutical firms from placing their products on the market through their agents and managers subject to the provisions of section three of this act. Itinerant vendors defined. Statement to controller. SEC. 3. Itinerant vendors under the meaning of this act shall include all persons who carry on the business above described by passing from house to house, or by haranguing the people on the public streets or in public places, or use the various customary devices for attracting crowds and therewith recommending their wares, and offering them for sale. SEC. 4. Said board of pharmacy shall on the first day of July of each year make a verified and itemized statement in writing to the controller of this state, of all receipts and disbursements of money coming into their hands by reason of this act. violation SEC. 5. Any person violating any of the provisions of this Penalty for act, who shall without such license, sell or offer for sale any of of this act. the above described drugs, nostrums, ointments, or appliances, shall be deemed guilty of a misdemeanor, and for such breach of this act upon conviction therefor, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail for not less than fifty days or more than one hundred and twenty days, or both such fine and imprisonment. All fines recovered under this act, shall be paid by the magistrate receiving the same, to the state board of pharmacy, and by said board placed in the special fund created by section two of this act. required. SEC. 6. In all actions or prosecutions under this act it need Proof not be alleged in the complaint nor proved by the prosecution that the defendant has not a license as required in this act, but the fact that he has such license may be plead as a matter of defense. SEC. 7. All acts or parts of acts conflicting with this act hereby repealed, in and so far as they conflict. SEC. 8. This act shall take effect and be in force sixty days after its passage. CHAPTER CCXXXIV. 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.] The people of the State of California, represented in senate and assembly, do enact as follows: optometry SECTION 1. The practice of optometry is defined as follows, Practice of namely: The employment of subjective and objective mechani- defined. cal means to determine the accommodative and refractive states of the eye and the scope of its functions in general. of registra SEC. 2. It shall be unlawful for any person to practice Certificate optometry in the State of California unless he shall first have tion. 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. examiners SEC. 3. There is hereby created a board, whose duty it shall Board of be to carry out the purposes and enforce the provisions of this in optomact, and shall be styled the California State Board of Examiners etry. 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 |