NEGOTIABLE INSTRUMENTS

CHAPTER 259.

(S. B. No. 241-Levang.)

PROTESTING NEGOTIABLE INSTRUMENTS.

An Act to Amend and Re-enact Section 7036 of the Compiled Laws of North Dakota for 1913, Relating to Protesting Negotiable Instruments.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. AMENDMENT.) That Section 7036 of the Compiled Laws of North Dakota for 1913, be amended and re-enacted to read as follows:

Sec. 7036. PROTEST FOR NON-PAYMENT.) Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by nonacceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary, and if the same is protested no charge therefor shall be made to any party to the instrument.

Approvel February 26th, 1923.

NOTARY PUBLIC

CHAPTER 260.

(S. B. No. 66-Stevens.)

NOTARY PUBLIC'S SEAL.

An Act to Amend and Re-enact Section 844 of the Compiled Laws of North Dakota for the year 1913.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. AMENDMENT.) That Section 844 of the Compiled Laws of North Dakota for the year 1913, relating to the impression of a notarial seal, be amended and re-enacted so as to read as follows:

Ѕес. 844. IMPRESSION OF SEAL. FILING OATH AND BOND.) Each notary public before entering upon the duties of such office shall provide an official seal bearing the name of such notary and deposit an impression of the same together with oath and bond in the office of the Secretary of State.

On and after July 1, 1923, the provisions of this section, prescribing the form of seal shall also apply to notaries now commissioned.

Approved February 3rd, 1923.

ОРТОМЕTRY

CHAPTER 261.

(H. B. No. 65-Dougherty.)

ОРТОМЕTRY.

An Act to Amend and Re-enact Article 19 of Chapter 5 of the Political Code of the State of North Dakota being Section 524 to 539 both inclusive of the Compiled Laws of North Dakota for the year 1913, relative to the practice of optometry, creating a state board of examiners in optometry, providing for the registration of optometrists. defining and regulating the practice of optometry and providing penalties for the violation of the terms of said act.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

That Sections 524 to 539 both inclusive of the Compiled Laws of the State of North Dakota for the year 1913 being article 19 of Section 5 of the Political Code be and the same are hereby amended and re-enacted as follows:

Sec. 524. PRACTICE OF OPTOMETRY DEFINED.) The practice of Optometry is defined as follows:

A. The employment of subjective and objective mechanical means to determine the accommodative and refractive states of the eye and the scope of its functions in general and the applying of lenses as correctives.

B. The examination of the human eye without the use of drugs, medicine or surgery to ascertain the presence of defects or abnormal conditions which may be corrected and remedied or relieved or the effect of which may be corrected, remedied or relieved by the use of lenses or prisms.

C. The adaptation or the adjustment of lenses or prisms and the sale thereof to the public to correct, relieve, or remedy any defect or abnormal condition or to correct, relieve or remedy the effect of any defect or abnormal condition of the human eye. Sec. 525. UNLAWFUL TO PRACTICE WITHOUT CERTIFICATE.) It shall be unlawful for any person to practice optometry in the State of North Dakota unless he shall first have obtained a certificate of registration and unless he shall have complied with the requirements of this act. Any person shall be deemed to be practicing optometry within the meaning of this act who shall display a sign or in any way advertise himself as an optometrist or who shall employ any means for the measurement of the powers of vision or the adaptation of lenses for the aid thereof or who shall otherwise engage in the practice of optometry as defined in this article. It shall be unlawful for eye glasses, spectacles or lenses to be vended as merchandise to any one other than dealers, except from permanently located and established places of business in the State of North Dakota. Provided, however, that any optometrist registered to practice within this may fit and vend eye glasses, spectacles and lenses, at any place in this State.

Sec. 526. BOARD CREATED.) There is hereby created a board whose duties it shall be to carry out the purposes and enforce the provisions of this article and such board shall be styled "North Dakota State Board of Optometry." Said Board shall be appointed by the Governor and shall consist of five resident registered optometrists who shall have an established optometric practice in said state and who shall be members in good standing of the North Dakota Optometric Association and who shall be engaged in the actual practice of optometry in this state.

The members of said board shall be appointed by the Governor on or before July 1, 1923, or as soon thereafter as may be practicable, one for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from July 1, 1923, who shall hold office until their successors are appointed and qualified. Thereafter one member of said board shall be appointed each year for the term of five years and shall hold office until his successor is appointed and qualified. Vacancies in such board shall be filled by like appointment for unexpired terms.

The members of said board before entering upon their duties shall respectively take and subscribe to the oath required to be taken by other state officers which oath shall be filed with the Secretary of said board.

Sec. 527. ORGANIZATION AND APPOINTMENT OF OFFICERS. MEETINGS.) Said board shall elect from among its members a President and a Secretary and may adopt a seal. Said board shall make and enforce such rules and regulations not inconsistent with law as may be necessary for the proper performance of its duties. Any member of said board may, upon being duly designated by the board or a majority thereof, administer oaths or take testimony concerning any matter within the jurisdiction of the board. The president and secretary shall each hold office for the term of one year and until their successors are elected and qualified. Said board shall meet at least once in each year at a place designated by the board and in addition thereto wherever and whenever the president and secretary thereof shall for proper cause call a meeting. Three members of said board in actual attendance at any meeting shall constitute a quorum and be sufficient for the transaction of any business. The president of said board, or, in his absence, some other member selected by the board, shall act as Chairman and preside at all meetings of said board and shall sign on behalf of the members all certificates or other instruments as provided herein, which certificates or instruments shall be attested by the secretary. The secretary of said board shall keep a full record of the proceeaings of said board which record shall, at all reasonable times, be open to public inspection. Such record shall also contain, under permanent binding, a registry list of all persons registered by said board together with renewals and revocations of licenses or certificates, which record shall constitute the official registry of all persons licensed to practice optometry in this state. A true copy of all records of said Board or any part thereof shall be admissable in evidence without further proof of authenticity when accompanied by the Certificate of the secretary of said board that the same is a true copy of the original record on file in his office as secretary of said board.

Sec. 528. EXAMINATIONS.) Every person before beginning to practice optometry in this state, shall pass an examination before said State board of optometry. Such examination may be conducted by two or more members of the board at such times and places as may be prescribed by said board. Any person desiring to take such examination shall, at least, five days before the date of such examination, file with the secretary of said board, a written application for such examination which shall be accompanied by the affidavits of two freeholders of this state to the effect that the person is of good moral character and a resident of this state. Such person shall also furnisn satisfactory proof:

A. That he is of the age of at least 21 years.

B. That he has attended a high school for four years or has the equivalent of such an education.

C. That he is a graduate of an optometry school or college of good standing, requiring an attendance of not less than two thousand hours or two years' course or that he has the equivalent of such an education.

Before beginning such examination, the applicant shall pay to the secretary of said board for the use of said board, the sum of twenty dollars and if he shall successfully pass such examination shall pay to the secretary, for the use of the said board, the additional sum of five dollars on the issuance to him of a certificate. All persons successfully passing such examination shall be registered in the board registry, which shall be kept by said secretary, as licensed to practice optometry and shall receive a certificate of such registration, to be signed by the president and secretary of said board. In the event of failure on the part of the candidate to pass the first examination, he may, within fourteen months thereafter, have another examination upon the payment of five dollars additional, which examination shall be given at such time and place as may be designated by the board. Any applicant may be registered and given a certificate of registration if he shall present a certified copy or an original certificate of registration or license issued to said applicant by any other state where the requirements for registration shall be equivalent to those provided by the laws of this state. The board may give a practical examination of said applicant if deemed necessary, provided that such state shall accord a like privilege to holders of certificates issued under the laws of this State. The fee for issuing certificates to such applicants shall be twenty-five dollars.

Sec. 529. WHO EXEMPT FROM PROVISIONS OF SECTION 528.) Every person who is a resident and engaged in the practice of optometry in the State of North Dakota at the time of the taking effect of this Act and who has received a certificate of registration entitling him to practice optometry under the existing laws of this state, shall be exempt from the provisions of Section 528.

Sec. 530. СOMPENSATION AND EXPENSES.) Out of the fees coming into the possession of said board, each member thereof shall receive as compensation, the sum of five dollars for each day actually engaged in the duties of his office and mileage at the rate of five cents per mile for all distances necessarily traveled in going to and from the meetings of said board and an additional allowance for other necessary expense in attending said meeting, not to exceed five dollars per day. Said expense shall be paid from the fees received by the board under the provisions of this article but that no part thereof shall ever be paid out of the state treasury nor shall the State of North Dakota be obligated for the payment thereof.

Sec. 531. EXPENSE OF SECRETARY.) Out of the fees coming into the possession of said board, the secretary shall receive for clerical expenses and services such compensation and allowance as the board may deem just and proper, not to exceed seventy