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examiners, such deputy to hold office at the pleasure of the commissioner. The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioner, the deputy and inspectors appointed by him. The said quarantine guardians, local inspectors, deputies or the said county horticultural commissioner, have full authority to enter into any orchard, nursery, place or places where trees or plants or fruit are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. [Amendment ap. proved 1911; Stats. 1911, p. 493.]

Legislation § 2322b. 1. Added by Stats. 1907, p. 803. 2. Amended by Stats. 1909, p. 189. 3. By Stats. 1911, p. 493.

§ 2322c. Record and report of commissioner. Diseases, scales, etc. Annual meeting. It is the duty of the said county horticultural commissioner to keep a record of his official doings and to make a report to the state commissioner of horticulture on or before the first day of October of each year of the condition of the horticultural interests in their several districts, what is being done to eradicate insect pests, also as to disinfecting, and as to quarantine against insect pests and diseases, and as to the carrying out of all laws relative to the greatest good of the horticultural interests, and to furnish from time to time to the state commissioner of horticulture such other information as he may require. Said state commissioner of horticulture may publish such reports in bulletin form or may incorporate so much of the same in his annual report as may be of general interest. It is also made the duty of the county horticultural commissioner to advise himself with reference to all infectious diseases, scale insects or codlin moth or other pests injurious to fruit, plants, vegetables, trees or vines, and with their eggs or larvae and all noxious weeds or grasses that may exist in his county or be likely to exist therein and for the purpose of so advising himself and of eradicating and preventing injury from such causes, and for the purpose of advising himself on the best and most efficacious methods of performing his duties and conducting his office he shall attend the annual meeting of the state association of county horticultural commissioners, and such other meetings as the state commissioner of horticulture may require, and he shall be paid his per diem compensation and traveling expenses while so engaged. [Amendment approved 1911; Stats. 1911, p. 493.]

Legislation & 2322c. 1. Added by Stats. 1907, p. 803. 2. Amended by Stats. 1909, p. 189. 3. By Stats. 1911, p. 493.

§ 2322d. Salary of inspectors, deputy and commissioner. The salary of all inspectors working under the county horticultural commissioner is three dollars and fifty cents per day. The salary of the deputy shall be five dollars per day when in the actual performance of his duties and the necessary traveling expenses. In the case of the commissioner himself his compensation shall be six dollars per day when actually en. gaged in the performance of his duties, and the necessary traveling expenses incurred in the discharge of his regular duties as prescribed in this chapter. [Amendment approved 1911; Stats. 1911, p. 493.]

Legislation & 2322d. 1. Added by Stats. 1907, p. 803. 2. Amended by Stats. 1909, p. 190. 3. By Stats. 1911, p. 193.

§ 2322e. Report to supervisors. It is the duty of the county horti. cultural commissioner to keep a record of his official acts, and make a monthly report to the board of supervisors; and the board of supervisors may withhold warrants for salary of said commissioner, deputy and inspectors until such time as such report is made. [Amendment approved 1911; Stats. 1911, p. 494.]

Legislation § 2322e. 1. Added by Stats. 1907, p. 803. 2. Amended by Stats. 1909, p. 190. 3. By Stats. 1911, p. 494.

CHAPTER V.

Other Public Institutions.
§ 2326. State agricultural society.
§ 2327. University of California. Normal school.

$ 2328. State prison. § 2326. State agricultural society. The powers, duties, privileges, and rights of the California state agricultural society are fixed by “An Act to incorporate the state agricultural society, and to appropriate money for its support," approved May thirteenth, eighteen hundred and fiftyfour, and the acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three.

Board of agriculture: See ante, $ 705. See, also, Gen. Laws, tit. "Agriculture.”

Agricultural fair corporations: Civ. Code, $$ 620-622.
Horticulture: See Gen. Laws, tit. “Horticulture.”

Legislation & 2326. Enacted March 12, 1872. $ 2327. University of California. Normal school. The control and management of the University of California and the state normal school are provided for in title three of part three of this code.

University of California: Ante, $$ 1385-1486d.
State normal school: Ante, s§ 1487-1507.

Legislation § 2327. Enacted March 12, 1872. § 2328. State prison. The control and management of the state prison is provided for in part three of the Penal Code.

State prison, acts relating to: See Pen. Code, Appendix, tit. “State Prisons."

Legislation & 2328. Enacted March 12, 1872.

TITLE VI.

Public Ways.
Chapter I. Public Waters. Articles I-XI. $ $ 2348-2608.

II. Highways. Articles I-IX. $8 2618–2773.
III. Toll-roads. Articles I-III. 88 2779-2832.
IV. Public Ferries and Toll-bridges. Articles I-III. $8 2843–

2896.

Wharves, Chutes, and Piers. $$ 2906-2921.
VI. Miscellaneous Provisions Relating to Public Ways. $$ 2931–

2938.

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CHAPTER I.

Public Waters.
Article I. General Provisions Respecting Public Waters and Obstruc-

tions Therein. 88 2348-2351.
II. Navigation. 88 2360–2379.
III. Floating Lumber. $8 2389–2393.
IV. Wrecks and Wrecked Property. $$ 2403-2418.

V. Pilots and Pilot Commissioners. $$ 2429-2447.
VI. Pilot Regulations for San Francisco, Mare Island, and Beni-

cia. 88 2457-2470.
VII. Pilot Regulations for Humboldt Bay and Bar. $$ 2476–2491.
VIII. Port Wardens. $$ 2501-2511.
IX. San Francisco Harbor and State Harbor Commissioners.

88 2520-2554.
X. Harbor Commissioners for the Port of Eureka. $8 2567-2572.
XI. Harbor Commissioners for the Bay of San iego.

$ $ 25752608.

ARTICLE I.
General Provisions Respecting Public Waters and Obstructions Therein.

$ 2348. What waters are public ways.
$ 2349. Streams declared navigable and public ways.
§ 2350. Penalty for felling trees into public waters.

$ 2351. Napa Creeks declared navigable. [Repealed.] § 2348. What waters are public ways. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation.

Navigable waters. Constitutional provisions: 1. Frontages on, subject to right of eminent domain: Const., art.

XV, $ 1. 2. Provision against obstruction of: Const., art. XV, § 2. Navigable streams:

1. Obstructing navigation of, is misdemeanor: Pen. Code, $ 611. 2. Tow-paths along banks of, authorized: Stats. 1871-72, p. 940. 3. Bridges across, and other waters: Stats. 1881, p. 76.

4. Repair and construction of bridges across: Stats, 1897, p. 21. Watercourses as boundaries: See Civ. Code, $ 830.

Declaring innavigable streams highways for floating lumber: See Gen. Laws, tit. “Waters," Act 4361.

Appointment of examining commission on rivers and harbors: See Gen. Laws, tit. “Waters," Act 4364.

Legislation § 2348. Enacted March 12, 1872.

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593 STREAMS DECLARED NAVIGABLE AND PUBLIC WAYS. $ 2349

§ 2349. Streams declared navigable and public ways. Certain streams and waters declared navigable and are declared public ways: The following streams and waters are declared public ways: So much of a slough as lies between Simonds Canal in the town of Alviso and the bay of San Francisco; all of the Coyote River between the bay of San Francisco and the place where the same is now crossed by the tracks of the Southern Pacific railroad company; all of the slough known as the Alviso Slough, sometimes called Steamboat Slough, lying between the bay of San Francisco and the place where the same is now crossed by the tracks of the Southern Pacific railroad company; all of the slough known as the Guadelupe Slough, and being the outlet or mouth of the Guadelupe River, lying between San Francisco Bay and its junction with Alviso Slough; all of Devil's Slough lying within the corporate limits of the city of San Jose, or of the town of Sunnyvale in Santa Clara County, and extending thence to San Francisco Bay; Petaluma River, from its mouth to the southerly line of Washington street, in the city of Petaluma; the Sonoma River, between its mouth and a point opposite Fowler's hotel in the town of San Luis; the Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence street in the city of Napa; the Suisun River, between its mouth and the town of Suisun embarcadero; the Sacramento River, between its mouth and a point one hundred feet below Reid's Ferry, in Shasta County; the Feather River, between its mouth and a point fifty feet below the bridge crossing Feather River first above the mouth of the Yuba River; the Yuba River, between its mouth and a point at the mouth of the slough at the foot of F street, in the city of Marysville; the San Joaquin River, between its mouth and Sycamore Point; the Stockton Slough, between its mouth and the west line of El Dorado street in Stockton; the Mokelumne River, between its mouth and the first falls; the Tuolumne River, between its mouth and Dickinson's Ferry; Deer Creek, between the house of Peter Lassen and its mouth; Big River, three miles from its mouth; Noyo River, three miles from its mouth; Albion River, three miles from its mouth; San Antonio Creek, in the county of Alameda, from its mouth to the old embarcadero of San Antonio; the Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven; Mission Creek, in the county of San Francisco; that portion of Channel street, in the city of San Francisco, lying easterly of the northeasterly line of Seventh street, the width thereof to be one hundred forty feet; that certain creek running through the tide-land survey numbered 68, and swamp and overflowed land survey numbered 145, from its mouth to the head of the tide water therein; San Leandro Creek, from its mouth at San Francisco Bay to Andrew's Landing; San Lorenzo Creek, from its mouth at San Fran. cisco Bay to Robert's Landing; Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Landing; the north branch of Alameda Creek, from its mouth to Eden Landing; San Rafael and Corte Madera Creeks, in Marin County, from their mouths as far up as tidewater flows therein; the Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks; Diablo Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa County; the Arroyo de San Antonio, or Keys Creek in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys embarcadero; all the streams and sloughs emptying into

Pol. Code-38

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Eel River; and all the streams and sloughs south of Eureka, in Hum. boldt County, which are now or at any time have been used for the purpose of floating logs or timber, and all the sloughs south of Humboldt Point, in said county, that at high water have a depth of two feet of water, and wide enough to float and admit a boat carrying five tons or more freight; Novato Creek, or Estuary, in Marin County from its mouth to Sweetzer's Landing; Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth as far up as tidewater flows; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma Rivers; Moro Cojo Slough, in Monterey County, from Salinas River to tidewater; Galinas, or Guyanas Slough or Creek, in Marin County, from its mouth to the line of the Sonoma and Marin railroad; Clear Lake, in Lake County; provided, that nothing herein contained shall be deemed to interfere with rights of owners and claimants of swamp or overflowed land around the margin of said Clear Lake to reclaim the same; Newport Bay, in the county of Orange, and all arms thereof, the sloughs connecting therewith in which the tide ebbs and flows, including the Santa Ana River from a point where said Santa Ana River empties into said bay, up to a point where said Santa Ana River is intersected by the east boundary of section 19, township 6 south, range 10 west, San Bernardino base and meridian.

Urgency measure. This act is hereby declared to be an urgency measure within the meaning of section 1 of article 4 of the constitution of the state of California, and shall take effect immediately. • The following is a statement of the facts constituting such urgency: Section 2349 of the Political Code of this state, of which this act is amendatory, now declares certain rivers and streams navigable in instances where such rivers and streams are not navigable in fact, thereby preventing the bridging of such rivers and streams by county or municipal authority where it is necessary for the traveling public to cross the same, which said condition is dangerous to public safety, and will be obviated by section 1 of this act. (Amendment approved 1913; Stats. 1913, p. 538.]

Acts declaring streams navigable: See Gen. Laws, tit. “Waters."

Legislation § 2319. 1. Enacted March 12, 1872. The code commissioners say: "This section is based upon Stats. 1861, p. 274; Stats. 1852, p. 182; Stats. '1852, p. 223; Stats. 1854, p. 18; Stats. 1867-68, p. 356; Stats. 1867-68, p. 355; Stats. 1867–68, p. 486; Stats. 1867-68, p. 680; Stats. 1869-70, p. 721; Stats. 1869–70, p. 663; Stats. 1858, p. 127; Stats. 1860, p. 126; Stats. 1860, p. 159; Stats. 1860, p. 257; Stats. 1861, p. 49." 2. Amended by Stats. 1885, p. 220. 3. Amended by Stats. 1891, p. 96. 4. Amended by Stats. 1907, p. 594; the code commissioner saying, “The amendment of § 2319, as recommended by the commissioner and as originally introduced, consisted of adding all after the words 'in Monterey County, from its mouth as far up as tide-water flows.' This amalgamated into it the provisions of $ 2351, which was repealed, and a codification of the act of March 30, 1871 (Stats. 1873-74, p. 790), the act of March 25, 1876 (Stats. 1875–76, p. 485), and the act of March 29, 1878 (Stats. 1877-78, P. 630). On February 14, 1907, however, without the suggestion of the commissioner, on the floor of the assembly, the following additional amendment of g 2319 was made: after the words 'that portion of Channel Street in the city of San Francisco,' the following words were stricken out; and lying east of and between the easterly line of Harrison Street and the water-front of the bay of

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