ACT 1328.

Kings River, to prevent destruction of fish in. [Stats 1877-8, p. 601.]

This act appears in the Penal Code, Appendix, 606.

ACT 1329.

To prevent destruction of fish in Napa River and Sonoma Creek. [Stats. 1867-8, p. 13.]

Amended 1871-2, 441.

Continued in force by Political Code, sec. 19, and Penal Code sec. 23.

ACT 1330.

San Antonio Creek, preventing catching of fish in, by seines, nets, or weirs. [Stats. 1875-6, p. 362.]

This act appears in the Penal Code, Appendix, p. 605.

See Penal Code, secs. 636, 636a.

ACT 1331.

Plumas and Sierra counties, protecting fish in waters of. [Stats. 1871-2, p. 794.]

Repealed 1873-4, 154,

ACT 1332.

Plumas and Sierra counties, protecting fish in. [Stats. 1873-4, p. 154.]

Repealed 1875-6, 725.

ACT 1333.

Siskiyou County, preservation of fish in waters of. [Stats. 1871-2, p. 385.]

"Probably superseded by the general laws upon the subject. See Penal Code, secs. 635, 636, 636a."-Code Commissioners' note.

ACT 1334.

Concerning trout in Siskiyou County. [Stats. 1865-6, p. 857.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23.

note.

"Modified by Penal Code, secs. 628, 632."-Code Commissioners'

ACT 1335.

Concerning the payment of costs of trials of persons charged with violation of the laws for the preservation of fish. [Stats. 1887, p. 5.]

Amended 1903, 20.

This act provided that the expense should be borne by the state. It is in the Penal Code, Appendix, p. 602.

For the protection of gas-light companies. [Stats. 1859,

p. 309.]

Superseded by Penal Code, sec. 498.

ACT 1342.

nies.

Concerning gas companies. [Stats. 1869-70, p. 815.]

This act provided for the granting of franchises to gas compaIt was continued in force by sec. 19, Pol. Code, but was superseded by the constitution of 1879, art. XI, sec. 19.

ACT 1343.

To regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, p. 289.]

This act appears in full in Penal Code, Appendix, p. 610. It provided gas should not be turned off at meter by hotel or lodginghouse keepers.

ACT 1344.

An act to regulate the quality and standard illuminating power and the price of gas in all cities within the state of California having a population of one hundred thousand or more.

[Approved March 4, 1878. Stats. 1877-8, p. 167.]

Repealed as to San Francisco by chap. 2 of art. I of the charter. Cal.Rep. Cit. 62, 591; 76, 326.

Quality and price of gas to be fixed by whom.

Section 1. That in all cities in the state of California having a population of one hundred thousand or more, the local legislative body thereof, whether known and designated as the board of supervisors, or board of aldermen, or common council, or board of trustees, or otherwise, are hereby authorized and required to fix the standard quality and illuminating power of gas to be furnished, and the rate and price for each one thousand cubic feet to be charged therefor by any person, company, or corporation whose pipes or mains are or shall be laid down in the streets or highways of such city, for the purpose of supplying gas for the use of such city, or for the inhabitants thereof, or for such city and its inhabitants; provided, however, that said board or local authority shall not fix or establish the standard quality and illuminating power of

gas in such city at less than sixteen-candle power, or such that five cubic feet of gas per hour so furnished shall give light at least equal to that afforded by the combustion of sixteen standard sperm candles consuming one hundred and twenty grains of sperm each per hour, the burner to be used in making such test to be that best adapted to the economical consumption of gas; and provided further, that such board of supervisors, or local legislative authority, by whatever name it may be known, shall not fix or establish the rate or price of gas so furnished to such city or its inhabitants at any greater price or rate than three dollars per thousand cubic feet.

Mayor to appoint an inspector.

Sec. 2. It shall be the duty of the mayor of each city having the population mentioned in section one of this act, and such mayor is hereby required, within thirty days after the passage and approval of this act, to appoint, subject to the approval of the board of supervisors, or other local legislative body aforesaid, a person of competent experience and knowledge of and concerning the proper qualities and illuminating power of gas, and who shall not be directly or indirectly interested in or connected with any person, company, or corporation engaged in the manufacture or furnishing of illuminating gas in such city, or elsewhere, either to such city or its inhabitants, or any of them, either as a stockholder or otherwise, who shall be known and designated as gas inspector of such city, who shall hold his said office for the term of two years, or until his successor shall be appointed and qualified; subject, however, to removal from his said office by the mayor, with the concurrence of a majority of the board of supervisors, or other local legislative board aforesaid, for any one of the following causes, to wit: by reason of any interest in the manufacture or furnishing of gas in such city, whether such interest existed at the date of his appointment or was afterward acquired, or for want of competent knowledge, skill, or experience to enable him properly to discharge the duties of said office, or for any neglect, misconduct, or inefficiency in the discharge of the duties of said office, to the prejudice of such city, or its inhabitants, or any of them. The person so appointed shall, before he enters upon the duties of said office, and within ten days after his appointment and confirmation, take and subscribe an oath

or affirmation before the county judge of the county in which such city is situated, that he will faithfully and impartially perform and discharge all the duties required by this act and the ordinances or resolutions of said board passed or adopted under and pursuant to the provisions thereof, as such gas inspector of such city, and shall also, within the same time, give bond to the city in and for which he is appointed, in the sum of ten thousand dollars, with sureties to be approved by said board, conditioned for the faithful performance of the duties of said office, which said oath and bond shall be filed with the clerk of said board. Such gas inspector shall be entitled to a salary to be fixed and allowed by said board, which shall be paid monthly out of the general fund of such city.

Duty of inspector.

Sec. 3. It shall be the duty of such inspector, immediately upon his appointment and qualification as such officer, as aforesaid, to make a careful examination and inquiry by inspection, letter, or otherwise, as to the quality and illuminating power of the gas furnished and used in the principal cities of the United States, and the prices charged therefor, and also the comparative cost of the manufacture and supply of gas in other cities of the United States, with the cost of the manufacture and supply of the same in the city for which he is such inspector, and report fully the result of such examination and information to said board within six months after his appointment and qualification; and upon receiving such reports, said board shall proceed to fix and establish the quality and standard illuminating power of gas to be used in such city, and the maximum price to be charged therefor; and such standard and price may be changed by said board from time to time, not oftener than once every year, as increased consumption or other circumstances may in their judgment require. Same.

Sec. 4. After said board shall have fixed and established the quality and illuminating power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to examine and inspect, from time to time, at least once every week, without notice to the person, company, or corporation furnishing the same, the quality and illuminating power of the gas furnished to such city and the in

habitants thereof, and in case the same shall fall below the standard fixed by said board, the said inspector shall forthwith report the same to said board; and at such other times as he may be requested thereto by the mayor or any committee of said board, he shall report to said board upon any and all matters connected with the manufacture, supply, and consumption of gas coming within the scope of his official duties, and specially upon any subject or subjects, matters or things, connected therewith and specified in such request.

Certain acts declared unlawful.

Sec. 5. After said board shall have fixed and established the quality and standard illuminating power of the gas, and the price per thousand cubic feet, as in this act provided to be charged therefor, it shall be unlawful for any person, company, or corporation to furnish to such city, or any inhabitant thereof, or other person therein, for illuminating purposes, gas of a lower standard or quality, or to charge or receive therefor a higher price than is provided by said board, under the authority and subject to the limitations of this act; and for every violation of the provisions of this act, or the provisions of any order, resolution, or ordinance of said board made in pursuance thereof, every such person, company, or corporation shall incur a penalty of not less than one hundred nor more than one thousand dollars, to be recovered in a civil action in the name and for the use of such city, in any court of competent jurisdiction; and each day upon which such person, company, or corporation shall, without reasonable cause or excuse therefor, furnish gas of a lower quality or standard illuminating power than that fixed by said board, shall constitute and be considered and held one violation thereof, and each month or shorter period for which said person, company, or corporation shall take an account of gas consumed, and for which they shall charge or receive a price greater than that fixed by said board, shall be held and regarded as one offense, and any number of such offenses of either class, or both, may be joined in the same action, and the several penalties for the sev eral violations proved or confessed in said action may be united and recovered in the same judgment; and such person, company, or corporation shall also be liable to such city and to any and each person or corporation who shall