and freights; and provided further, that whenever a railroad corporation, which has purchased any line of road under this act, shall for the purposes of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate fares and freights; and provided further, that for every violation of the provisions Penalty. of this act on the part of directors or governing officers of said corporation, the state shall be entitled to recover from such. offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the attorney-general of Duty of the state, in the event of any such violation, to demand and attorneycollect from such company the said penalty; and he is hereby authorized and empowered to prosecute all the necessary actions in the name of the people of the State of California against such company in the courts of the state. All money so collected shall be paid into the general fund of this state. SEC. 2. This act shall take effect immediately.

general.

CHAPTER XLVI.

An act regulating the hours of service on regular duty by members of the police department of cities of the first class, cities and counties, cities of the first and one half class, and cities of the second class.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

duty by

SECTION 1. In all cities of the first class, cities and counties, Hours of cities of the first and one half class, and cities of the second police class of this state where a regular police department is officers. maintained, patrol captains, lieutenants, sergeants, and regular officers shall be required to serve on duty not longer than eight hours in every twenty-four hours; provided, that in case of riot or other emergency, every attaché of the police department shall perform such duty and for such time as the directing authority of the department shall require.

SEC. 2. This act shall take effect immediately.

Appropriation for improvements.

Board of examiners, duty of.

Moneys to be used as

CHAPTER XLVII.

An act to appropriate $8,000.00 for the extension of the laundry building, and purchase of additional machinery therefor; for the purchase and erection of new boilers; for the construction of a reservoir and pipe-line for domestic water supply for the Southern California State Hospital.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of eight thousand dollars, to be paid to the order of the board of managers of the Southern California State Hospital, for the extension of the laundry building and purchase of additional machinery therefor; for the purchase and erection of new boilers; and for the construction of a reservoir and pipe-line for domestic water supply. Of which sum two thousand dollars shall be paid for the extension of the laundry building and purchase of additional machinery therefor; three thousand dollars for the purchase and erection of new boilers; and three thousand for the construction of a reservoir and pipe-line for domestic water supply.

SEC. 2. State board of examiners shall examine, audit, and allow all demands arising under this act, and the acts herein mentioned, and the state controller shall thereupon draw his warrant therefor, payable out of the general fund, and the state treasurer is hereby authorized to pay the same.

SEC. 3. In no case shall the board of managers of said specified. hospital use any moneys herein specifically appropriated for any purpose other than the one for which such appropriation is made.

SEC. 4. This act shall take effect and be in force from and after its passage.

CHAPTER XLVIII.

An act to amend section one thousand seven hundred and fiftyeight of the Code of Civil Procedure of the State of California, relating to testamentary guardians.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section one thousand seven hundred and fiftyeight of the Code of Civil Procedure of the State of California is hereby amended so as to read as follows:

tion and

testa

1758. Every testamentary guardian must qualify and Qualifica has the same powers and must perform the same duties powers of with regard to the person and estate of his ward as guardians mentary appointed by the court, except so far as his powers and duties guardian. are legally modified, enlarged, or changed by the will by which such guardian was appointed, and except that such guardian need not give bond unless directed to do so by the court from which the letters of guardianship issue.

CHAPTER XLIX.

An act to repeal an act entitled "An act relative to unpaid warrants and assessments in reclamation district number one hundred and eight," approved March 29, 1872.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

tive to

SECTION 1. An act entitled "An act relative to unpaid war- Act relarants and assessments in reclamation district number one unpaid hundred and eight," approved March twenty-ninth, eighteen warrants hundred and seventy-two, is hereby repealed.

SEC. 2. This act shall take effect from and after its passage.

Appropriation for

fuel, etc.,

for fiftyfourth

fiscal year.

CHAPTER L.

An act to appropriate the sum of two thousand (2,000) dollars to pay for stationery, fuel, lighting and other necessary supplies, for the legislature and state officers, to be used during the remainder of the fifty-fourth fiscal year.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of two thousand (2,000) dollars is hereby appropriated out of any money not otherwise appropriated, for stationery, fuel, lighting, and other necessary supplies for the legislature and state officers, to be used during the remainder of the fifty-fourth fiscal year.

SEC. 2. The controller is hereby authorized to draw his warrant for the amount herein appropriated, and the treasurer is hereby directed to pay the same.

SEC. 3. This act shall take effect immediately.

Killing

CHAPTER LI.

An act to amend section 3341 of the Civil Code, relating to damages committed by dogs or other animals to sheep, angora or cashmere goats, or poultry, and for the better protection of the same against the ravages of dogs or other animals.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section thirty-three hundred and forty-one of the Civil Code is hereby amended so as to read as follows: 3341. The owner, possessor, or harborer of any dog or other sheep, etc., animal, that shall kill, worry, or wound any sheep, angora goat, or cashmere goat, or poultry, shall be liable to the owner of the same for the damages and costs of suit, to be recovered in any court of competent jurisdiction:

by dogs.

1. In the prosecution of actions under the provisions of this chapter, it shall not be necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal, had knowledge of the fact that such dog or other animal would kill, wound or worry sheep, goats, or poultry.

2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any sheep, angora or cashmere goats, may, at the time of finding such dog

or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal.

SEC. 2. This act shall take effect immediately.

CHAPTER LII.

An act to amend an act, entitled an act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of the proceeds, approved March 23, 1893, and all acts amendatory thereof, by adding thereto a new section, to be known as section twenty and one half relating to the employment of special counsel.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to said act, which section shall be numbered twenty and one half and shall read as follows:

treasurer

Section 204. The treasurer of each county, in his discretion, County for the better furtherance of the purposes of this act, shall be may allowed to employ such special attorney or attorneys, as he may employ special deem necessary, who shall have all the authority conferred attorney. upon the district attorney by sections 14 and 15 of this act, and such attorney shall be paid (for his services) out of the fees now allowed the treasurer as provided in section 20 of this act, and that in no case shall such compensation exceed the per centum allowed as such fees.

SEC. 2. This act shall take effect from and after its passage.

CHAPTER LIII.

An act making an appropriation for the purchase of law books for the attorney-general's office for the remainder of the fiftyfourth fiscal year.

[Approved February 28, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

for

SECTION 1. The sum of two hundred and fifty dollars ($250) Law books is hereby appropriated out of any money in the state treasury attorneynot otherwise appropriated, for the purchase of law books for general's the attorney-general's office, for the remainder of the fiftyfourth fiscal year.

SEC. 2. This act shall take effect immediately.