Bonslett

This is an appeal from a judgment in favor of the defendant in a proceeding instituted by the petitioner to obtain a writ of mandate. The facts are undisputed.

The town of Antioch is a municipal corporation of the sixth class in the county of Contra Costa. On February 14, 1910, the board of trustees of said town passed an ordinance, accepting certain streets therein after their improvement under the provisions of the Vrooman Act, the said ordinance being enacted under section 20 of said act (Stats. 1885, p. 147). This ordinance of acceptance recited that the streets therein mentioned had been improved by petrolithie process of paving, and curbs had been laid therein, and that said streets were in good condition throughout, and had sewers and gas-mains laid therein. Section 20 of the Vrooman Act as it then read provided that “Whenever any streets or portion of a street has been or shall hereafter be fully constructed to the satisfaction of the superintendent of streets and of the city council, and is in good condition throughout, and a sewer, gas-pipes and water-pipes are laid therein, under such regulations as the city council shall adopt, the same shall be accepted by the city…