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ARTICLE IV.

Wrecks and Wrecked Property. $ 2403. Duties of officers and citizens. § 2404. Officers, etc., entitled to salvage. Salvage not to exceed half

value of property saved. § 2405. Owners of wrecked property may reclaim it. § 2406. Sheriff to keep possession until owner found. $ 2407. Perishable property. $ 2408. Order for surrender to claimant. § 2409. Claimant to first give bond. $ 2410. Action on bond. § 2411. Owner may sue, although claim rejected. § 2412. Salvage to be stated in writing. $ 2413. Proceedings to settle disputed claims to salvage. § 2414. Costs of contest. § 2415. Wrecked property not claimed to be sold. $ 2416. Notice of sale. § 2417. Notice of wrecked property. § 2418. Expense of notice.

§ 2403. Duties of officers and citizens. The sheriff in each county must give all possible aid and assistance to vessels stranded on its coast, and to the persons on board the same, and exert himself to save and preserve such persons, vessels, and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and to this end may employ as many persons as he may think proper. All citizens must aid the sheriff when required.

Wrecked property distinguished from lost and unclaimed property: Post, 88 3136–3157.

Legislation § 2403. Enacted March 12, 1872; based on Stats. 1850, p. 174, § 10.

§ 2404. Officers, etc., entitled to salvage. Salvage not to exceed half value of property saved. Sheriffs and all persons employed by them or aiding in the recovery and preservation of wrecked property, are en: titled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved; and the officer having the custody of such property must detain it until the same are paid or tendered. But the whole salvage claimed must not exceed one half of the value of the property or proceeds on which it is charged; and every agreement, order, or adjustment allowing a greater salvage is void, unless ordered and allowed by the county judge.

Salvage:

1. Seaman's right to: Civ. Code, $ $ 2052, 2058, 2059.
2. Deduction for: Civ. Code, $ 2060.
3. To other persons than mariners: Civ. Code, $ 2079.

4. In marine insurance: Civ. Code, $ 2725. Legislation § 2404. Enacted March 12, 1872; based on Stats. 1850, p. 174, 88 12, 13.

$ 2405. Owners of wrecked property may reclaim it. Wrecked prop. erty may be kept or reclaimed, at the time of the wreck, by the owner, consignee, or other person entitled to the possession; but if any person

has a just claim for salvage and necessary expenses incurred in saving it, he must be paid before the property is reclaimed.

Detaining wrecked property after salvage paid, punishment for: Pen. Code, $ 544.

Legislation & 2405. Enacted March 12, 1872. § 2406. Sheriff to keep possession until owner found. The sheriff of every county in which any wrecked property is found, when no owner or other person entitled to possession appears, must take possession of it in the name of the people, cause the value thereof to be appraised by disinterested persons, and keep it in some safe place to answer the owner's claims.

Wrecked property, taking or retaining, and failing to deliver to or notify sheriff, is misdemeanor: Pen. Code, $ 545.

Obligation of finder of property, in general: Civ. Code, $$ 1864 et seq., and post, § 3136.

Legislation 2406. Enacted March 12, 1872; based on Stats. 1850, p. 173, $ 2.

§ 2407. Perishable property. If it is in a perishable state, the sheriff must apply to the judge of the superior court, upon a verified petition, for an order authorizing him to sell it. If the judge is satisfied that a sale of the property would be beneficial to the parties interested, he must make the order applied for, and the property must then be sold at public auction, at the time and in the manner specified in the order; and the proceeds, deducting the expenses of sale, as the same is settled and allowed by such judge, must be paid to the treasurer of the county. [Amendment approved 1880; Code Amdts. 1880, p. 21.]

Legislation § 2407. 1. Enacted March 12, 1872; based on Stats. 1850, p. 174, 88 3, 4. 2. Amended by Code Amdts. 1880, p. 21.

$ 2408. Order for surrender to claimant. If, within a year after the finding, any person claims the property, or its proceeds, and establishes his claim by evidence satisfactory to the judge of the superior court, such judge must make an order directing the officer in whose possession the property or its proceeds may be, to deliver the same to the claimant, upon the payment of a reasonable salvage and the necessary expenses of preservation. (Amendment approved 1880; Code Amdts. 1880, p. 22.]

Time to make claim: See post, § 2415.

Legislation & 2408. 1. Enacted March 12, 1872; based Stats. 1850,

, p. 174, § 5. 2. Amended by Code Amdts. 1880, p. 22. § 2409. Claimant to first give bond. Before making the order, the judge must require from the claimant a bond to the people, with one or more sufficient sureties, to be approved by the judge and filed with the county clerk, in a penalty double the value of the property or proceeds, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within three years after its date, by any person establishing title to the property or proceeds.

Legislation § 2409. Enacted March 12, 1872; based on Stats. 1850, p. 174, $ 5.

§ 2410. Action on bond. If the bond becomes forfeited, the judge of the superior court, upon the application, supported by proof of the person

on

entitled to the benefit of it, must make an order for its prosecution for such person's benefit, and at his risk and expense. (Amendment approved 1880; Code Amdts, 1880, p. 22.]

Legislation § 2410. 1. Enacted March 12, 1872; based on Stats. 1850, p. 174, $ 7. 2. Amended by Code Amdts. 1880, p. 22.

§ 2411. Owner may sue, although claim rejected. The rejection by the judge of any claim does not preclude the claimant from maintaining an action for the recovery of such property or its proceeds against the officer. If the plaintiff in any such action prevails, there must be deducted from the damages, in addition to salvage and expenses, all the defendant's costs.

Legislation § 2411, Enacted March 12, 1872; based on Stats. 1850, p. 174, $ 8.

§ 2412. Salvage to be stated in writing. Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, must present to the claimant exhibiting it a written statement of the claims for salvage and expenses. If the claimant refuses to allow such amount, it must be adjusted as hereinafter provided.

Legislation § 2412. Enacted March 12, 1872; based on Stats: 1850, p. 174, $ 9.

§ 2413. Proceedings to settle disputed claims to salvage. If, in any case, the amount of salvage and expenses are not settled by agreement, the superior court of the county, on the application of the owner or consignee of the property, or the master or supercargo having charge thereof at the time of the wreck, or of a claimant having an order therefor, or of a person claiming salvage or expenses, must determine the same in a summary way, either by itself hearing the allegations and proofs of the party, or by referring the questions to three disinterested freeholders of the county, who must have the same powers and must proceed in the same manner as referees in civil actions, and whose decisions as to the whole amount, and as to the sums to be paid to each person interested, must be entered as the judgment of the court. (Amendment approved 1880; Code Amdts. 1880, p. 22.]

Referees in civil actions: Code Civ. Proc., $$ 638–645.

Legislation § 2413. 1. Enacted March 12, 1872; based on Stats. 1850, p. 175, $ $ 14–16. 2. Amended by Code Amdts. 1880, p. 22.

§ 2414. Costs of contest. The fees and expenses of the contest must be paid by the person upon whose application it was had, and are a charge on the property saved. Each referee is entitled to such per diem and expenses as the county judge may deem just.

Legislation § 2414. Enacted March 12, 1872; based on Stats. 1850, p. 175, $ 17.

§ 2415. Wrecked property not claimed to be sold. If, within a year after saving wrecked property, no claimant of the property or its proceeds appears, or, if within three months after a claim, the salvage and expenses have not been paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be must sell it at public auction, if not already sold, and pay the proceeds of such sale, deducting salvage and expenses, into the treasury

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of this state for the benefit of the parties interested; but in no case must any deduction of salvage and expenses be made, unless the amount has been determined by the superior court of the county, a copy of whose order, and of the evidence in support thereof, must be transmitted by the judge to the controller. If any money paid to a county treasurer, under section twenty-four hundred and seven, remains in his hands more than a year after has been paid to him, the same must be paid into the state treasury. [Amendment approved 1880; Code Amdts. 1880, p. 22.]

Time to make claim: See ante, ß 2408.

Legislation & 2415. 1. Enacted March 12, 1872; based on Stats. 1850), p. 175, $$ 18, 19. 2. Amended by Code Amdts. 1880, p. 22.

§ 2416. Notice of sale. Public notice of every sale of wrecked property under the provisions of this chapter must be published by the officer making the sale for at least two weeks in succession in one or more newspapers printed in the county, or if none is printed therein, then by written or printed notices in three of the most public places in such county, posted up at least fifteen days previous to such sale. Every notice must state the time and place of the sale and contain a particular description of the property to be sold.

Legislation & 2416. Enacted March 12, 1872; based on Stats. 1850, p. 175, $ 20.

§ 2417. Notice of wrecked property. Every sheriff into whose possession any wrecked property comes must immediately thereafter publish, for at least two weeks in succession, in one or more of the newspapers printed in this state, a notice directed to all parties interested, giving a minute description of the property, and of every bale, box, case, piece, or parcel thereof, and of the marks, brands, letters, and figures on each, and stating wbere the same then is and its actual condition, and the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition,

Defacing marks upon wrecked property: Pen. Code, S$ 355, 356.

Legislation § 2417. Enacted March 12, 1872; based on Stats. 1850, p. 175, $ $ 21, 22.

§ 2418. Expense of notice. The expense of publishing notices under the provisions of this chapter is a charge upon the property or proceeds to which it relates.

Legislation § 2418. Enacted March 12, 1872; based on Stats. 1850, p. 176, $ 23.

ARTICLE V.

Pilots and Pilot Commissioners. $ 2429. Qualifications of pilots. $ 2430. Commissions and license. § 2431. Pilots to take official oath and give bond. $ 24 Vessel, owner, etc., lial for pilotage. § 2433. Owners to compensate pilots for loss. § 2434. • Pilot to show commission or license, when. § 2435. Pilots carried to sea or detained. $ 2436. Pilots for ports other than San Francisco, Mare Island, Benicia,

and Humboldt Bay. § 2437. Further duties of pilots. $ 2438. Violating regulations. § 2439. Piloting vessels without license. § 2440. Pilot commissioners for San Francisco, Mare Island, and Benicia,

how appointed. $ 2441. Pilot commissioners for Humboldt Bay and bar, how appointed. § 2442. Term of office. $ 2443. Boards to organize, and meetings. § 2444. Powers of president. § 2445. Powers of the boards.

2446. Secretaries of boards, and records. § 2447. Not to be interested in pilot-boats.

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

Examination as to qualifications: Post, $ 2430.

Legislation § 2429. Enacted Marcb 12, 1872; based on Stats. 1869–70, p. 346, $ 8.

$ 2430. Commissions and license. Pilots appointed by commissioners must be carefully examined as to their qualifications, and, if found to be qualified and worthy, must receive license 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 commis. sioners 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 1878; Code Amdts. 1877-78, p. 46.]

Qualifications: Ante, $ 2429.
Hearing before board: Post, $ 2464.

Legislation & 2430. 1. Enacted March 12, 1872; based on Stats. 1850, p. 46, $ 8; Stats. 1860, p. 74, $ 7; Stats. 1869-70, p. 346, $ 8. 2. Amended by Code Amdts. 1877-78, p. 46.

§ 2431. Pilots to take official oath and give bond. Every pilot must execute an official bond in the sum of five thousand dollars, to be ap

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