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TITLE VI.

CHAPTER I.

PUBLIC WATERS.

ARTICLE I.

GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND

OBSTRUCTIONS THEREIN.

SECTION 2348. Navigable waters and all streams of suffi- What waters cient capacity to transport the products of the country are public ways. public ways for the purposes of navigation and of such transportation.

ARTICLE II.

NAVIGATION.

receiving passengers by small

SECTION 2360. When steamers meet each must turn to the Steamers

meeting. right, so as to pass without interference.

SEC. 2361. When a passenger is to be landed from a Landing and steamer by means of a small boat, he must not be suffered to get into it until it is completely afloat and wholly disen- boat. gaged from the steamer, except by the painter.

SEC. 2362. No line used for the purpose of landing or Lines used receiving passengers must be attached in any way to the not to be machinery of any steamer, nor must the small boat used for machinery. such purpose be hauled in by means of such machinery.

SEC. 2363. During the landing and receiving of a passen- Thu engine ger, and the going and returning of the small boat for the stopped. purpose, the engine must be stopped, and must not be put in motion, except to give sufficient force to keep the steamer in a proper direction and safe position. SEC. 2364. In every small boat there must be kept a good Boats, oars,

and signals. and suitable pair of oars; and in the night time a signal, by means of a horn or trumpet, must be given to the steamer from the small boat, when, having landed or received its passengers, it is ready to leave the shore. Sec. 2365. A steamer going in the same direction with

overtaking another steamer ahead of it inust not approach or pass the other within the distance of ten yards; and the steamer ahead must not be so navigated as unnecessarily to bring it within ten yards of the steamer following. SEC. 2366. When any steamer is running in the night at night.

Steamers

11*

Steamers to

Penalties, what amount,

Vessels
at anchor
to show
lights.

for collision in case of neglect.

time her master must cause her to carry two conspicuous lights, one exposed near her bow and the other near her stern; the latter must be at least twenty feet above her deck.

SEC. 2367. Every master or other person in charge who violates any of the provisions of the preceding seven sections incurs a penalty of two hundred and fifty dollars for each offense.

SEC. 2368. When any vessel is at anchor in the night time in any of the harbors or ports within the jurisdiction of this State, the master or other person at the time in the charge of the vessel must cause a conspicuous light shown in her rigging at least twenty feet above her deck, and another light from

her taffrail, under penalty of fifty dollars for every neglect. No recovery SEC. 2369. Neither the master or owner of any vessel can

recover damages for injuries to the same or to himself by a collision growing out of a non-compliance upon its part with

the provisions of the preceding six sections. Vessels SEC. 2371. Every vessel propelled by steam, navigating to carry what boats. any waters of this State and carrying passengers, must be

provided with boats as follows:

1. If of five hundred tons measurement, one first-class lifeboat; one row boat, twenty-five feet long by seven wide, capable of carrying fifty persons each; and at least one other good row boat;

2. If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary row boats;

3. If of less than two hundred and fifty tons burden, at least one small row boat.

All which boats must be attached in such manner that

they can be launched at any time for immediate use. Penalty, SEC. 2372. The master and owners, and each of them, of

any vessel not provided with boats as required in the preceding section, are subject to a penalty of not exceeding two

hundred and fifty dollars. Racing, SEC. 2373. If the master or other person in charge of a

steamer navigating any of the waters of this State and used for the conveyance of passengers, or if the engineer or other person in charge of the boiler or other apparatus for the generation of steam does, for the purpose of increasing speed or excelling any other vessel in speed, suffer to be created an undue or an unsafe quantity of steam, he is subject to a penalty of five hundred dollars.

what amount.

penalty for.

catchers.

duty, and

therefor.

SEC. 2374. All high-pressure steamboats navigating the steamboats Sacramento and San Joaquin Rivers, or any of their tribu- spark taries above the mouth of the San Joaquin River or the City of Sacramento, must have securely attached to their chimneys metal bonnets or spark-catchers.

Sec. 2375. All such bonnets or spark-catchers must be con- Inspectors structed under the direction and supervision of the United and direct States Inspectors of Steamboats for the District of San Fran-catchers. cisco.

SEC. 2376. For each bonnet or spark-catcher worn by any Compensasteamboat inspected or constructed under the direction of Inspectors. and certified to by the Inspector, he may receive from the owner thereof ten dollars as a compensation for his services for such direction, supervision, or inspection and certificate.

SEC. 2377. Every owner or master who navigates a steam- Neglect of boat without bonnets or spark-catchers inspected and at-penalty tached, as required by the preceding three sections, is subject to a penalty of twenty dollars for each day he navigates his boat without the same. The owner of such boat is further liable for all damage done by reason of such neglect.

SEC. 2378. The owners of every steamboat are responsible owner liable for the good conduct of the master or other person in charge or engineer's employed by them, and they are jointly and severally liable for any penalty incurred by the master, engineer, or other person in charge, which cannot be collected from him by due course of law, as if they were his sureties. SEC. 2379. The penalties given by this article may be Penalties,

, recovered by the District Attorney of any county bordering recovered. on the water where the offense was committed or the penalty incurred, to whom notice is first given, and when recovered are to be equally divided between the Common School and Indigent Sick Fund of the county whose District Attorney recovers the same. Any judgment recovered hereunder is a lien on the vessel against whose owners or master it is recovered.

for master's penalties.

ARTICLE V.

PILOTS AND PILOT COMMISSIONERS.

SECTION 2429. No person must be appointed a pilot unless Qualificahe is an American citizen, over the age of twenty-one years, pilots.

tions of

and license.

with a practical knowledge of the management of sailing vessels and steamboats, and of the tides, soundings, bearings, and distances of the several shoals, bars, rocks, points of land, light-houses, and fog signals of the ports and harbors for which he is appointed, of good moral character, and temperate, with the skill and ability necessary to discharge the

duties of pilot. Commissions SEC. 2430. Pilots appointed by Commissioners must be

carefully examined as to their qualifications, and if found to be qualified and worthy, must receive licenses as pilots for the term of twelve months, which license shall be thereafter annually renewed, until the Commissioners have good cause to withhold such renewal ; and whenever the Commissioners deem they have such cause, or intend for any reason to withhold such renewal, the Secretary of the Board of Commissioners shall serve notice, in writing, on such pilot, specifying the causes, at least ten days before the expiration of his license; and such pilot shall thereupon be entitled to a full hearing before said Board. (Amendment, approved March 29, 1879; Amendments, 1877–8, 46; took effect immediately).

SEC. 2431. Every pilot must execute an official bond in

the sum of five thousand dollars, to be approved by the offigive bonds.

cer or Board appointing him. The bonds of pilots appointed by Commissioners must be filed with such Commissioners.

Pilots to take official oath and

ARTICLE IX.

SAN FRANCISCO HARBOR AND STATE HARBOR COMMISSIONERS.

Appoint-
ment of
State
Harbor Com-

SECTION 2520. As soon as may be after the passage of this

Act, the Governor, by and with the consent of the Senate, missioners. shall appoint three State Harbor Commissioners, who shall

hold office, one for two years, one for three years, and one for four years, from the date of their respective commissions. The Governor shall, in like manner, at the expiration of their respective terms, appoint and commission their successors, for a full term of four years, excepting in case of a vacancy occurring in the Board by resignation, or otherwise, to fill which he shall appoint a Commissioner for the unexpired portion of the term. (New section, approved February 28, 1876; Amendments, 1875-6, 32; took effect from passage).

and their

SEC. 2522. The Commissioners may appoint a Chief Engi- Employés neer, whose duty it shall be to superintend the construction duties. of all embankments and sea-walls, the dredging of slips and docks, the building of wharves, piers, quays, and landings, thoroughfares, and other necessary structures, upon the premises and under the control of said Commissioners, by virtue of this article. They may also, in their discretion, employ assistant engineers and draughtsmen, who shall be under the control and subject to the directions of the Chief Engineer, and pay a reasonable compensation for such services. They may appoint an attorney at law, who shall attend to the prosecution and defense of all suits and other matters requiring his professional services, and give counsel and advice when required by the Board. They shall appoint as Chief Wharfinger a competent man, who must, before entering upon the duties of his office, file in the office of the Board a bond, with two or more sureties, in a sum sufficient to cover any amount of money that shall come into his hands, conditioned for the faithful performance of his duties as such Chief Wharfinger, which bond, if satisfactory, shall be approved by the Board by writing indorsed thereon. Such Chief Wharfinger shall, under the direction of the Commissioners, furnish to all ship-masters, consignees, and pilots of all ships and other water-craft, a printed copy of the harbor regulations of the Harbor of San Francisco, which shall contain the rates of dockage, wharfage, and tolls, and such other matters as said Commissioners shall deem proper to furnish to ship-masters, consignees, and pilots, to give them a correct knowledge of the regulations of said harbor; such printed copies of harbor regulations to be furnished to said Chief Wharfinger by said Commissioners. The Chief Wharfinger shall also, subject to the directions of the Board, superintend and direct the removal of all incumbrances and obstructions from the docks, slips, wharves, landings, and thoroughfares, and shall have, subject to the directions of the Commissioners as aforesaid, authority to station, berth, and regulate the position of all classes of water-craft navigating said harbor, and to remove, from time to time, and from place to place, such water-craft as the wants of commerce and good order may require; provided, however, that said Chief Wharfinger shall have no control over such portions of the water front of said city and county as are held

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