PREVENTION OF BLINDNESS IN INFANTS.

[Act approved June 11, 1915. Statutes 1915, p. 1431.]

Ophthalmia neonatorum defined.

§ 1. Any condition of the eye, or eyes, of any infant in which there is any inflammation, swelling or redness in either one or both of eyes of any such infant, either apart from or together with any unnatural discharge from the eye, or eyes, of any such infant, at any time within two weeks after its birth, shall, independent of the nature of the infection, for the purpose of this act, be called ophthalmia neonatorum.

Duty of physicians, etc., to report cases.

§ 2. It shall be the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative, and any person or persons attendant upon, or assisting in any way whatsoever, either the mother or child, or both, at childbirth, in all cases where such child shall develop within two weeks after its birth ophthalmia neonatorum, and such person shall know the same to exist, to report the case within twenty-four hours after knowledge of the same, in such form as the state board of health shall direct, to the local health officer of the county or municipality within which the mother of any such infant may reside.

Duty of local health officer.

§ 3. It shall be the duty of the local health officer:

1. To investigate each case as shall be filed with him in pursuance with this act, and all other such cases as may come to his attention.

2. To report all cases of ophthalmia neonatorum coming to his knowledge, and the result of all such investigations as he shall make to the state board of health, in such form as said board shall direct.

3. To conform to such rules and regulations as the state board of health shall promulgate for the purpose of carrying out the provisions of this act. Duty of state board of health.

§ 4. It shall be the duty of the state board of health:

1. To enforce the provisions of this act.

2. To promulgate such rules and regulations as the state board of health may deem necessary to properly carry out the provisions hereof.

3. To provide for the gratuitous distribution of a scientific prophylactic for ophthalmia neonatorum, together with proper directions for the use and administration thereof, to all physicians, midwives and such other persons as may be lawfully engaged in the practice of obstetrics or assisting at childbirths.

4. To print and publish such further advice and information concerning the dangers of ophthalmia neonatorum and the necessity for prompt and effective treatment thereof, as said board may deem necessary.

5. To furnish without cost copies of this law to all physicians, midwives and such other persons as may be lawfully engaged in the practice of obstetrics or assisting at childbirths.

6. To keep a proper record of any and all cases of ophthalmia neonatorum as shall be filed in their office in pursuance with this law, and as may come to their attention in any way, and to constitute such records a part of the biennial report to the governor and the legislature.

7. To report any and all violations of this act as may come to their attention to the district attorney of the district wherein any violation of any provision of this act may have been committed, for the purpose of prosecution.

Duty of maternity homes.

85. It shall be the duty of all maternity homes, hospitals, and similar institutions wherein childbirths shall occur, to keep a record of all cases of ophthalmia neonatorum occurring or discovered therein. Such records shall be in the form and contain the matters which the state board of health shall prescribe.

Penalty.

§ 6. The failure of any person mentioned in section two hereof to report, or the failure of any maternity home, hospital, or similar institution, to record any and all cases of ophthalmia neonatorum, as herein directed, or the failure or refusal of any person or institution, herein mentioned, to obey any rule or regulation adopted by the state board of health under this act, shall constitute a misdemeanor, and upon conviction thereof shall be fined, for the first offense not to exceed fifty dollars; for a second offense not to exceed one hundred dollars; and for a third offense, and thereafter not to exceed two hundred dollars for each violation; and after the third conviction, if the person be a physician, midwife, or other person professionally employed, such conviction shall be a sufficient cause for the revocation of the license of such person by the board which granted the same. One-half of all fines collected hereunder shall go to the county wherein the prosecution was had, and the remaining one-half thereof shall go into the state treasury and constitute a special fund to be expended by the state board of health for the purposes of carrying out the provisions of this act. Any case of ophthalmia neonatorum, or the resultant blindness therefrom, upon which the accused may have been in attendance as hereinbefore set forth, shall be prima facie evidence of knowledge of such case by the accused.

Repealed.

87. Chapter XIV, Statutes of 1897, entitled "An act to regulate medical practice, to prevent blindness in infants," approved February 17, 1897, and all other acts and parts of acts in conflict herewith, are hereby repealed.

CIVIC CENTERS IN SCHOOLS.

[Act approved June 6, 1913. Statutes 1913, p. 853.]

Public schoolhouse created civic center.

§ 1. There is hereby established a civic center at each and every public schoolhouse within the State of California, where the citizens of the respective public school districts within the said State of California may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any and all subjects and questions which in their judgment, may appertain to the educational, political, economic, artistic and moral interests of the citizens of the respective communities in which they may reside; provided, that such use of said public schoolhouse and grounds for said meetings shall in no wise interfere with such use and occupancy of said public schoolhouse and grounds as is now, or hereafter may be required for the purposes of said public schools of the State of California.

Lighting, heating, janitor service, etc.

§ 2. Lighting, heating, janitor service and the services of a special supervising officer when needed, in connection with such use of public school buildings and grounds as set forth in section one of this act, shall be provided for out of the county or special school funds of the respective school districts in the same manner and by the same authority as such similar services are now provided for. Such use of the said schoolhouses, property and grounds shall be granted free; provided, that in case of entertainments where an admission fee is charged, a charge may be made for the use of said schoolhouses, property and grounds.

Control of civic center.

§ 3. The management, direction and control of said civic center shall be vested in the board of trustees or board of education of the school district. Said board of trustees or board of education shall make all needful rules and regulations for conducting said civic center meetings and for such recreational activities as are provided for in section one of this act; and said board of trustees or board of education may appoint a special supervising officer who shall have charge of the grounds, preserve order, protect the school property and do all things necessary in the capacity of a peace officer to carry out the provisions and the intents and purposes of

this act.

INTOXICATING LIQUORS AT SCHOOLS.

[Act approved April 1, 1915. Statutes 1915, p. 20.1

Sale of liquors at public schools prohibited.

§ 1. Any person, firm, association or corporation that sells, gives or delivers to any person any intoxicating liquor at any public schoolhouse or upon any portion of the grounds thereof, is guilty of a misdemeanor

and shall be punished by a fine not to exceed five hundred dollars or by imprisonment in a county jail not to exceed six months, or by both such fine and imprisonment.

Penalty.

§2. Any person, firm, association or corporation convicted of the violation of any provision of this act shall, for a period of one year from and after such conviction, be barred from having or receiving any privilege accorded by that certain act entitled "An act providing for the free use of all public schools and property, and to establish a civic center at each and every public schoolhouse in the State of California, and to provide for the maintenance, conduct and management of the same," approved June 6, 1913.

UNLAWFUL SALE OF LIQUORS.

[Act approved April 28, 1915. Statutes 1915, p. 236.] Unlawful sale of liquors, nuisance.

81. Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place wherein or upon which such liquors are unlawfully sold, served or given away, is a nuisance which shall be enjoined, abated and prevented as hereinafter provided, whether the same be a public or private nuisance.

District attorney or citizen may bring suit to abate.

82. Whenever there is reason to believe that such nuisance is kept, maintained or exists in any county or city and county, the district attorney of said county or city and county, in the name of the people of the State of California, must, or any citizen of the state resident within said county or city and county, in his own name may, maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the person or persons conducting or maintaining the same, and the owner, lessee or agent of the building, or place, in or upon which such nuisance exists, from directly or indirectly maintaining or permitting such nuisance.

Abatement procedure. Injunction.

83. The complaint in such action must be verified unless filed by the district attorney. Whenever the existence of such nuisance is shown in such action to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, and the court or judge is satisfied that the owner of the property has received written notice of the existence of such nuisance, signed by the complainant or the said district attorney at least two weeks prior to the filing of the complaint, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance. On granting such writ the court or judge must require, except when it is granted on application of the people of the state, written undertaking on the part of the applicant, with sufficient

securities, to the effect that he will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled thereto.

Procedure of actions. Costs.

§ 4. The action when brought shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions. If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff or for want of prosecution except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any such citizen consenting thereto for such plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for said action, the costs shall be taxed against such citizen.

Plaintiff's costs, lien.

§ 5. If the existence of the nuisance be established in an action as provided herein, an order of abatement shall be entered as part of the judgment in the case, and plaintiff's costs in such action shall be a lien upon such building and place, enforceable and collectible by execution issued by order of the court.

Violation of injunction, contempt.

§ 6. Any violation or disobedience of any injunction or order expressly provided for by this act shall be punished as a contempt of court by fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. Fine, lien on building.

§ 7. Whenever the owner of a building or place upon which the act or acts constituting the contempt shall have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined therefor in any proceedings under this act, such fine shall be a lien upon such building and place to the extent of the interest of such person therein, enforceable and collectible by execution issued by order of the

court.

"Person" defined.

§ 8. The term "person," as used in this act, shall be held to mean and include individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees.