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not to exceed in amount the moneys collected in the year Water front eighteen hundred and seventy-five, collecting as near as cisco in

charge of possible equal amounts from dockage and wharfage. When Commissionsuch modification has been made, the collection of tolls must of Commisbe abolished, and the Toll Collectors discharged. The Commissioners shall construct such number of wharves as the wants of commerce shall require, and shall locate such wharves, at such points and upon such lines, as the Board may deem most suitable for the best interest of commerce, and shall repair and maintain all the wharves, piers, quays, landings, and thoroughfares the wants of commerce may require, and generally to erect all such improvements as may be necessary for the safe landing, loading, and unloading, and protection of all classes of merchandise, and for the safety and convenience of passengers passing into and out of the City and County of San Francisco by water. But no wharf shall be extended into the bay more than six hundred feet beyond the inside line, or line nearest the shore of the City and County of San Francisco, described in this article, or more than six hundred feet beyond the permanent waterfront line when established under the provisions of this article, nor shall any such wharf be constructed upon such place or line as will cause any slip or dock to be less than one hundred and thirty-six feet wide at the most narrow point between the wharves.

All classes of watercraft that uses or makes fast to any wharf, pier, quay, landing, or thoroughfare, and lands upon or loads therefrom any goods, wares, or merchandise, shall be liable and must pay to the Commissioners such rates of dockage as shall be fixed by authority of this article; and all such water-craft as shall discharge or receive any goods, wares, or merchandise, while moored in any slip, dock, or basin, within the jurisdiction of the Commissioners, shall pay onehalf the regular rates of dockage. Any water-craft that shall leave any wharf, pier, quay, landing, thoroughfare, slip, dock, or basin, unless forced to do so by stress of weather, without first paying the dockage due from such vessel, shall be liable to pay double the regular rates. The charge for wharfage and tolls shall be a lien upon all goods, wares, and merchandise landed upon any of the wharves, piers, quays, landings, or thoroughfares, upon the premises described in this article; and the Commissioners, their agents

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Water front or lessees, may hold possession of any such goods, wares, or

merchandise, so landed as aforesaid, to secure the payment charge of Commission of such wharfage and tolls; and for the purpose of such of Commis- lien, are deemed to have possession of such goods, wares,

and merchandise, so landed, until such charges for wharfage and tolls are paid. The Commissioners shall have power to make reasonable rules and regulations concerning the control and management of the property of the State, which is intrusted to them by virtue of this article, and said Commissioners are hereby authorized and required to make without delay, and from time to time, and publish not less than thirty days, in a daily newspaper of general circulation, published in the City and County of San Francisco, all needful rules and regulations, not inconsistent with the laws of the State or of the United States, in relation to the moving and anchoring of vessels in said harbor, providing and maintaining free, open, and unobstructed passage-ways for steam ferry boats and other steamers navigating the waters of the bay of San Francisco and the fresh water tributaries of said bay, so that such steamers can conveniently make their trips without impediment from vessels at anchor or other obstacles. And said Commissioners may also make all needful rules and regulations governing the removal of such vessels from the wharves and other landings, and from slips and docks, as are not engaged in receiving or discharging cargo, prescribing the time during which goods, wares, and merchandise, landed upon any wharf, pier, quay, landing, or thoroughfare, shall be permitted to remain thereon, and may divide the same into several classes, and may, by such rules and regulations, provide that in case any such goods, wares, or merchandise remain upon any wharf, pier, quay, landing, or thoroughfare beyond the term so prescribed, the respective Wharfinger may, under the order of the Commissioners, remove and deposit the same in a suitable place, at the charge, risk, and expense of the owner thereof. When any goods, wares, or merchandise shall have remained upon any wharf, pier, quay, landing, or thoroughfare more than twenty-four hours, the Commissioners may, in their discretion, charge such additional rates for each subsequent day as in their opinion is just and equitable. The Commissioners may, in their discretion,

set apart and assign for the exclusive use of steam ferry boats, suitable slips, in which such

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structures may be erected as will secure the safe and conve- Water front nient landing of passengers, and safe landing and delivery of cisco in freight; set apart and assign suitable wharves, berths, or Commissionlandings for the exclusive use of sea-going steamers, to con- of Commisstruct suitable sheds, gates, and other temporary structures as may be necessary for the safe and convenient landing of passengers, and safe landing and delivery of freight.

The Commissioners may assign suitable places for the landing of horses, cattle, sheep, and swine, and when such places have been assigned it shall be a misdemeanor for a commander of any water-craft to land any greater number than ten at any one time from any water-craft at any other place. * No person or company shall, without the consent of the Board of State Harbor Commissioners, land or remove any goods, wares, or merchandise, or other thing, upon or from any wharf, pier, quay, landing, or thoroughfare, situate upon the premises described in this article, unless authorized to do so by virtue of valid lease; nor shall any person collect dockage, wharfage, cranage, rent, or toll, within the boundaries of the premises described in this article, except by virtue of valid leases, without first obtaining permission to do so from said Commissioners; nor shall any person or company place or cause to be placed any obstructions in that portion of the Bay of San Francisco described in this article, nor upon any wharf, pier, quay, landing, or thoroughfare, without the consent of the Board. Whenever any wharf, pier, quay, landing, or thoroughfare, in the Harbor of San Francisco, shall be encumbered, or their free use interfered with, by goods, wares, merchandise, or other substance, whether loose or built upon, or fixed to any such wharf, pier, quay, landing, or thoroughfare, it shall be the duty of the Commissioners to notify, in writing (which notice may be served by a Wharfinger, or by the Secretary or Assistant Secretary of the Board), the owner, agent, occupant, or person placing or keeping such obstructions thereon, to remove the same within twenty-four hours after the serving of such notice, and in case of failure to comply with such notice, and remove such obstructions, the owner, agent, occupant, or person so notified, shall be liable to pay the Commissioners the sum of twenty-five dollars for each and every day during which such obstruction shall remain upon any such wharf, pier, quay, landing, or thorough

of San Francisco in

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duties of Chief

Water front fare; and the Commissioners shall have power, in their dis

cretion, to remove any such encumbering substance, and store charge of Commission- the same in any suitable, convenient, and safe place, and a

sum equal to the amount of the expenses of the removal, together with all other necessary charges, shall be paid by the owner of such encumbering substance to the Commissioners, and such sum and necessary charges shall be a lien on such substance until paid. The rates of dockage, wharfage, and tolls shall not exceed those established by the Board of State Harbor Commissioners, July first, eighteen hundred and seventyfour, and dockage shall not be collected on any vessel lying at anchor outside of dock, wharf, or slip. (Amendment, approved February 28, 1876; Amendments 1875–6, 32; took

effect from passage.) Office and SEC. 2539. The Chief Wharfinger shall keep an office in

some convenient place upon the city front, between Market Wharfinger.

and Pacific Streets, which shall be kept open every day (Sundays and holidays excepted), from seven A. M. till six P. M. The Commissioners shall furnish a suitable building for an office, for the exclusive use of said Chief Wharfinger and Assistant Chief Wharfinger, with suitable office furniture. It shall be the duty of the Chief Wharfinger to execute and enforce the rules and regulations which may be established by said Board of State Harbor Commissioners pursuant to the provisions of this article. And it shall be the duty of all pilots, masters of tug-boats, masters, owners, and consignees of vessels, to obey all lawful orders and directions of the Chief Wharfinger in relation to the stationing, anchoring, and removing of vessels under and pursuant to such rules and regulations. The Chief Wharfinger is empowered to determine cases of collision by consent of all parties interested, and where damages do not exceed three hundred dollars the decision is final. (Amendment, approved February 28, 1876; Amendments, 1875-6, 32; took effect from passage.)

SEC. 2540. In addition to the duties required to be peringer as to formed by the Chief Wharfinger, by any section in this water-craft article preceding this section, he shall take in charge all

abandoned water-craft and all boats picked up adrift, and secure the same, after which he shall advertise, for one week, in one of the daily newspapers printed in the City and County of San Francisco, giving the full particulars pertain

Duties of
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and boats adrift.

ing to the same, and request all parties interested to appear and establish their title or claim thereto, within twenty days from the last publication. If claimed within said period, such property shall be delivered to the owner on payment of all costs of removing, securing, and advertising the same. If not claimed within said period, or if the owner fails to pay the charges, such property shall be sold by the Chief Wharfinger, to the highest bidder, at public auction, and the proceeds, less the costs, shall be paid the owner, if claimed by him, or, if not claimed by the owner, shall be paid to the Board of State Harbor Commissioners; but the owner shall be entitled to receive from said Board the amount so paid, if he shall claim the same within one year from the date of said payment. For the purposes of this section the Harbor of San Francisco shall be the tide-waters of the City and County of San Francisco, and the jurisdiction of the Chief Wharfinger shall, when performing the duties required by this section, be co-extensive with such tide-waters. (Amendment, approved February 28, 1876; Amendments, 1875–6,32; took effect from passage.)

SEC. 2541. If any master, agent, or owner of any water- Refusal to craft, shall refuse or neglect to obey the lawful orders or orders of directions of the Chief Wharfinger in any matter pertaining Wharfinger. to the regulations of said harbor, or the removal or stationing of any water-craft, such master, agent, or owner, so refusing or neglecting, is guilty of a misdemeanor, and upon conviction thereof before any Court of competent jurisdiction shall be punished by a fine not to exceed three hundred dollars, or by imprisonment not to exceed one hundred days in the jail of the City and County of San Francisco. (Amendment, approved February 28, 1876; Amendments, 1875-6, 32; took effect from passage.)

Sec. 2542. All persons are forbidden to deposit, or cause Obstructo be deposited, in the waters of the Harbor of San Francisco, navigation. as described in the preceding sections, any substance that will sink and form an obstruction to navigation, without first obtaining permission in writing of the Board of State Harbor Commissioners, which permission shall describe, with an ordinary degree of certainty, the place where such deposit may be made, and the Secretary of the Board shall record such permission. Any person violating the prohibition contained in this section is guilty of a misdemeanor, and upon

obey lawful

Chief

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