Suit for damages. as may be sufficient to satisfy the execution, may be taken in execution while in the hands of the Justice, or afterwards in the hands of the County Treasurer. SEC. 12 In case the party injured cannot discover the owner of the animals distrained, he may bring an action against him, in the District Court of the county, describing him as unknown, and against the animals in rem. The complaint in said action shall allege that the owner is Publication unknown, and shall be verified. In such action the sumof summons. mons shall be served either by publishing a certified copy of the same in some newspaper, at least once a week, in the City of Los Angeles, or by posting such copy at the door of the Clerk's office of the Court, as the Court or the Judge thereof may direct, and for such time, not less than two weeks, as he may direct. In either case the publication shall be complete at the expiration of the time prescribed. Fee of Disposal of purchase money. SEC. 13. The Justice shall receive for making out any undertaking, as specified in section seven of this Act, fifty cents, and for all other services, one dollar and fifty cents. The Constable shall receive, for selling said animals, the same fee as for selling property under execution. SEC. 14. The purchase money of distrained animals sold under this Act shall be disposed of by the Treasurer, as follows: Upon the presentation to him by the Sheriff or a Constable of an execution issued upon a judgment recovered for the trespasses committed by the animals sold, he shall pay to said Sheriff or Constable so much of the money as may be sufficient to satisfy said execution; upon the order of the person by whom the animals were distrained, or upon presenting a certified copy of a judgment adverse to the said distrainor in an action for the trespassing of said animals, or upon giving an undertaking of two responsible undertakers residents of the county, to be approved by him, in the amount of the sum on hand, that they will pay to the distrainor the amount of any judgment recovered by him for the trespassing of said animals, the Treasurer shall pay said money to the owner of said animals. If not otherwise disposed of for one year, unless notified that a suit is still pending, the Treasurer shall put said money to the account of the School Fund of said county. SEC. 15. This Act shall apply only to the County of Los Angeles and the County of Stanislaus. SEC. 16. This Act shall take effect from and after its passage. CHAP. CXXX.-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.] The People of the State of California, represented in Senate and to be fixed, SECTION 1. That in all cities in the State of California Quality and having a population of one hundred thousand or more, the price of gas local legislative body thereof, whether known and designated by whom. 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 Proviso. authority shall not fix or establish the standard quality and illuminating power of gas in such city at less than sixteencandle 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 apint 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 Term of 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 rea office. Oath of office. Salary. Duty of son 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. SEC. 3. It shall be the duty of such Inspector, immediInspector. ately 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 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 requested thereto by the Mayor or any committee of said Board, he shall report to said Board upon any and all matters con nected 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. declared this Act. SEC. 5. After said Board shall have fixed and established Certain acts the quality and standard illuminating power of the gas, and unlawful. 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 Penalty for Act, or the provisions of any order, resolution, or ordinance violation of 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 consuined, 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 several 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 be injured by any such violation, in double the amount of damages actually sustained. whom. SEC. 6. All actions for penalties under the provisions of Actions this Act shall be tried by the Court, unless a jury be tried, by demanded by either party; and when such action shall be tried by a jury, the jury shall find, as to each violation charged in the complaint, that "the defendant is guilty," or "the defendant is not guilty;" and upon each charge in respect to which the jury has found the defendant guilty, the Court shall fix the penalty, and render judgment for the aggregate amount of such penalties, together with costs of suit. SEC. 7. All penalties recovered under this Act shall be paid into the General Fund of such city. SEC. 8. This Act shall apply to the City and County of San Francisco, as well as to cities whose municipal government is distinct from the county in which they are located. SEC. 9. This Act shall take effect immediately. Transfer of moneys. Payment of expenses. Same. CHAP. CXXXI.-An Act to provide for the transfer of moneys by the Treasurer of Alameda County to and from the State treasury, and for the payment of the necessary expenses thereby incurred. [Approved March 5, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Treasurer of Alameda County shall be required to transfer all school moneys from the State treasury to the county treasury as soon as the same shall be apportioned to said county. SEC. 2. The Board of Supervisors of the County of Alameda is hereby directed to pay to the County Treasurer, out of the County General Fund, all necessary expenses incurred by said Treasurer in the transfer of school moneys from the State treasury to the county treasury. SEC. 3. The Board of Supervisors of the County of Alameda are authorized and empowered to pay to the County Treasurer, out of the County General Fund, all necessary expenses incurred by said Treasurer in the transfer of moneys from the county treasury to the State treasury. SEC. 4. This Act shall take effect on and after its passage. Preamble. dum of agreement. CHAP. CXXXII.-An Act to ratify the contract between the Stockton Gas Company and the City of Stockton, to supply gas to said city and its inhabitants, approved by the acting Mayor of said city on the eighteenth day of December, A. D. eighteen hundred and seventy-seven. [Approved March 6, 1878.] The People of the State of California, represented in Senate and SECTION 1. Whereas, the City Council of the City of Stockton entered into a contract with with the Stockton Gas Company, which was approved by the Acting Mayor of the City of Stockton on the eighteenth day of December, A. D. eighteen hundred and seventy-seven, which contract is, in Memoran- Words and figures, following, to wit: This memorandum of an agreement made and entered into this eighteenth day of December, A. D. eighteen hundred and seventy-seven, by and between the Stockton Gas Company, of the City of Stockton, State of California, party of the first part, and the City of Stockton, a municipal corporation, party of the second part : Witnesseth, that the said Gas Company has heretofore, by Henry Adams, its duly empowered Agent and Superintendent, submitted to the City Council of said city its certain written proposition to furnish illuminating gas for the lighting of the street lamps of the said city, which said proposi |