by disease known to be injurious to fruit or fruittrees, and liable to spread contagion, must be cleaned or disinfected before the first day of April, eighteen hundred and eighty-five, and on or before the first day of April of every succeeding year thereafter. All owners or occupants of lands on which fruit-trees are grown, failing to comply with the provisions of this section, shall be guilty of a misdemeanor, and fined as provided for in section six of this act. All fruit, packages, trees, plants, cuttings, grafts, and scions that shall not be disinfected within twenty-four hours after notice by the inspector of fruit pests, or a duly appointed quarantine guardian, or any member of the board of horticulture, shall be liable to be proceeded against as a public nuisance. Penalty.

Sec. 6. Any person or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punishable by a fine of not less than twentyfive dollars nor more than one hundred dollars for every offense.

TITLE 97.

FUNDS.

See Public Debt, post.

The Political Code, sec. 19, continued in force all acts for funding the state debt, or any part thereof, and for issuing state bonds and acts amending or supplementing such acts.

For a list of these acts, see Deering's Annotated Penal Code, p. 565, et seq.

TITLE 98.
GAME.

See Fish.

For a reference to acts relating to this subject see Deering's Annotated Penal Code, pp. 576, 596

TITLE 99.

GAME LAWS.

Acts relating to, see Penal Code, Appendix, title Game Laws, p. 561.

TITLE 100.

GAS.

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; 1877-8, 107.]

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 qual ities 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 experi ence to enable him properly to discharge the du ties 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 in habitants, or any of them. The person so ap pointed shall, before he enters upon the duties of said office, and within ten days after his appoint ment and confirmation, take and subscribe ar oath or affirmation before the county judge of the county in which such city is situated, that he wil faithfully and impartially perform and discharge all the duties required by this act and the ordi nances or resolutions of said board passed o 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 th

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 s 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 inhabitants 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 Gen. Laws 30.

requested thereto by the mayor or any committee of said boards, 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 cu bic feet, as in this act provided to be charged therefor, it shall be unlawful for any person, com pany, or corporation to furnish to such city, or any inhabitant thereof, or other person therein, for illuminating purposes, gas of a lower standard o quality, or to charge or receive therefor a highe price than is provided by said board, under the au thority and subject to the limitations of this act and for every violation of the provisions of thi act, or the provisions of any order, resolution, o ordinance of said board made in pursuance thereof every such person, company, or corporation shal incur a penalty of not less than one hundred no more than one thousand dollars, to be recovere in a civil action in the name and for the use o such city, in any court of competent jurisdiction and each day upon which such person, company or corporation shall, without reasonable cause o excuse therefor, furnish gas of a lower quality o standard illuminating power than that fixed b said board, shall constitute and be considered an held one violation thereof, and each month o shorter period for which said person, company, o corporation shall take an account of gas cor sumed, and for which they shall charge or receiv a price greater than that fixed by said boar shall be held and regarded as one offense, and an number of such offenses of either class, or bot may be joined in the same action, and the severs penalties for the several violations proved or cor fessed in said action may be united and recovere in the same judgment; and such person, company or corporation shall also be liable to such city an to any and each person or corporation who sha be injured by any such violation, in double th amount of damages actually sustained.