proved by the officer or board appointing him. The bonds of pilots appointed by commissioners must be filed with such commissioners. Official bond: 1. Generally: Ante, §§ 947-987. 2. Liability of pilot on his: Post, § 2438. Legislation § 2431. Enacted March 12, 1872; based on Stats. 1850, p. 46, § 2; Stats. 1860, p. 75, § 8; Stats. 1869-70, p. 346, § 9. § 2432. Vessel, owner, etc., liable for pilotage. All vessels, their tackle, apparel, and furniture, and the master and owners thereof, are jointly and severally liable for pilotage fees, to be recovered in any court of competent jurisdiction. Legislation § 2432. Enacted March 12, 1872; based on Stats. 1869-70, p. 349, § 22. § 2433. Owners to compensate pilots for loss. If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or damage in his boats, sails, tackle, rigging, or appurtenances, the master, owner, or consignee of such vessel must pay the value of such loss or damage, to be ascertained by the commissioners. Legislation § 2433. Enacted March 12, 1872; based on Stats. 1860, p. 78, § 33. § 2434. Pilot to show commission or license, when. Every pilot, on boarding a vessel, when required by the master thereof, must exhibit his commission or license as pilot. A refusal so to do subjects him to a forfeiture of his commission or license, and to a recovery of fifty dollars on his bond in a suit instituted for that purpose by the authority appointing him. License as pilot: Ante, § 2430. Legislation § 2434. Enacted March 12, 1872; based on Stats. 1860, p. 77, § 19; Stats. 1869-70, p. 349, § 23. § 2435. Pilots carried to sea or detained. Every pilot carried to sea against his will, or unnecessarily detained on board of a vessel when a pilot-boat is in attendance to receive him, is entitled to receive the sum of eight dollars per day while necessarily absent or detained, not to exceed in the aggregate the sum of one thousand dollars in any one case, which sum may be recovered by action against the master or owner of the vessel so taking him away. Act providing for appointment, etc., of pilots for port of Wilmington and bay of San Pedro: Stats. 1889, p. 416. This act was repealed in 1911; Stats. 1911, p. 1269. Legislation § 2435. Enacted March 12, 1872; based on Stats. 1850, p. 46, §7; Stats. 1860, p. 77, §§ 26, 28; Stats. 1869-70, p. 348, § 18. § 2436. Pilots for ports other than San Francisco, Mare Island, Benicia, and Humboldt Bay. Pilots for all the ports in this state, other than San Francisco, Mare Island, Benicia, and Humboldt Bay, are governed by the following regulations: 1. They must keep, for the purpose of piloting, at least one boat for every six pilots, in good condition, and seaworthy, sufficiently large to cruise in heavy weather, to be exclusively used as a pilot-boat; 2. They must cruise at least ten marine miles seaward from the headlands at the entrance of the port; 3. They shall receive for piloting every vessel into or out of port the sum of eight dollars per foot draft; 4. When the person commanding any vessel refuses to take a pilot, the pilot first offering his services is entitled to half-pilotage; 5. For incompetency, neglect of duty, or other good cause, the governor may suspend or remove any pilot appointed by him; 6. They must strictly observe and obey all legally established quarantine regulations. Act to establish pilots and pilot regulations for San Diego: Stats. 1911, p. 267, see General Laws, Act 3158. Legislation § 2436. Enacted March 12, 1872; based on Stats. 1850, p. 46, § 3. § 2437. Further duties of pilots. When cruising off or standing out to sea, pilots must go to a vessel nearest to shore, or in the most distress, under a penalty of one hundred dollars; for refusing to go on board a vessel when required, a like penalty of one hundred dollars may be imposed; in either case, upon conviction, the pilot may be suspended or expelled, at the discretion of the commissioners. Legislation § 2437. Enacted March 12, 1872; based on Stats. 1860, p. 78, § 33. § 2438. Violating regulations. For every violation of the duties and regulations herein specified, the pilot so violating is liable on his official bond to the party aggrieved to the amount of the damages sustained. Official bond of pilot: Ante, § 2431. Legislation § 2438. Enacted March 12, 1872. § 2439. Piloting vessels without license. Any person not the master or owner, and not holding a commission or license as a pilot, who pilots any vessel into or out of any harbor or port of this state for which there are commissioned or licensed pilots, must be punished therefor as provided in the Penal Code, section three hundred and seventy-nine, and must pay to the pilot entitled to pilot such vessel the amount of pilotage or towage collected by him. Unlicensed piloting is misdemeanor: Pen. Code, § 379. Legislation § 2439. Enacted March 12, 1872; based on Stats. 1860, p. 75, § 11; Stats. 1869-70, p. 348, § 17. § 2440. Pilot commissioners for San Francisco, Mare Island, and Benicia, how appointed. There must be appointed by the governor, by and with the advice of the senate, three experienced and competent shipmasters or nautical men, citizens of the United States, and residents in either of the cities of San Francisco, Oakland, Vallejo, or Benicia, or of the towns of Brooklyn or Alameda, a board of pilot commissioners for the ports of San Francisco, Mare Island, and Benicia. Pilots for San Diego: Stats. 1911, p. 267; Gen. Laws, Act 3158. Pilot regulations for San Francisco, Mare Island, and Benicia: Post, 88 2457-2470. Legislation § 2440. Enacted March 12, 1872; based on Stats. 1869-70, p. 344, §§ 1-23. § 2441. Pilot commissioners for Humboldt Bay and bar, how appointed. There must be appointed by the governor three pilot commissioners for Humboldt Bay and bar. Two of the persons so appointed must be resident business men and the other a shipmaster or nautical man, and a resident of Eureka, Humboldt County, who must constitute a board of pilot commissioners for Humboldt Bay and bar. - Pilot regulations for Humboldt Bay and bar: Post, §§ 2476-2491. San Diego pilots and pilot regulations: Stats. 1911, p. 267; Gen. Laws, Act 3158. Legislation § 2441. Enacted March 12, 1872; based on Stats. 1860, p. 74, §§ 1, 5. § 2442. Term of office. The commissioners hold their offices during the pleasure of the power appointing them, not exceeding four years from the date of their commissions. Legislation § 2442. Enacted March 12, 1872; based on Stats. 1860, p. 74, § 2; Stats. 1869-70, p. 345, § 3. § 2443. Boards to organize, and meetings. The commissioners must organize as boards respectively by the election of presidents, secretaries, and treasurers. They must provide for themselves offices, in which they must meet as follows: The "San Francisco board" must meet once a month in the city of San Francisco, and the "Humboldt board" must meet at Eureka on the first Mondays in January, April, July, and October. Legislation § 2443. Enacted March 12, 1872; based on Stats. 1860, p. 75, § 3; Stats. 1869-70, p. 345, § 4. § 2444. Powers of president. The president of each board is authorized to administer oaths in regard to any matter properly before it and to issue subpoenas in like cases for witnesses. A witness disobeying such subpoena served on him must pay to the board one hundred dollars, for which judgment may be recovered by the president in a civil action. Administration of oaths, etc.: Code Civ. Proc., §§ 2093 et seq.' Subpoenas for witnesses, etc.: Code Civ. Proc., §§ 1985 et seq. Legislation § 2444. Enacted March 12, 1872; based on Stats. 1869-70, p. 345, § 4. § 2445. Powers of the boards. Each board must make by-laws and rules for the government of pilots appointed by it; and may adjourn their regular meetings from time to time. The Humboldt board must hold a special meeting on notice of one member, published in a newspaper in Humboldt County five days prior to the proposed meeting. The San Francisco board may appoint a secretary and fix his compensation, not to exceed the sum of two hundred and fifty dollars per month. The secretary of the Humboldt board must be one of the members thereof. Legislation § 2445. Enacted March 12, 1872; based on Stats. 1860, p. 75, § 4; Stats. 1869-70, p. 345, §§ 4, 5. § 2446. Secretaries of boards, and records. The secretary of each board must keep a journal of all its proceedings and acts, and a register of all pilots appointed, their residence and date of license; and must, under order of the board, issue licenses to be signed by the president, and countersign the same. treasurer thereof. The secretary of the Humboldt board is the Duties of secretary: See post, § 2484. Legislation § 2446. Enacted March 12, 1872; based on Stats. 1860, p. 75, § 4; Stats. 1869-70, p. 345, § 5. § 2447. Not to be interested in pilot-boats. Neither the commissioners nor their secretaries must have any interest in any pilot-boat or steamtug, nor in the earnings thereof, other than for compensation as herein provided. Any one violating this section forfeits his office. Legislation § 2447. Enacted March 12, 1872; based on Stats. 1869–70, p. 345, § 6. ARTICLE VI. Pilot Regulations for San Francisco, Mare Island, and Benicia. § 2457. Commisioners to examine and license pilots. $2458. Pilots to keep boats. $2459. Pilots to prevent premature boarding. Arrest of offenders. To render monthly account of pilotage. § 2460. Board may revoke license and suspend pilots. § 2461. § 2462. § 2463. Causes for revocation. § 2464. $2465. Complaint against pilot to be verified, and how disposed of. § 2466. Rates of pilotage, San Francisco. Inward bound vessels inside the bar. § 2466a. Rates in case of distress or entry for repairs. § 2467. Exemptions from pilotage of certain vessels. § 2468. Same. Pilotage and half-pilotage. § 2469. When two pilots offer services. § 2470. Pilot bringing in vessel entitled to take her out. § 2457. Commissioners to examine and license pilots. The board of commissioners must examine and license, in the manner prescribed, not less than fifteen nor more than twenty pilots for the port of San Francisco, and not more than two pilots for the ports of Mare Island, Vallejo, and Benicia. [Amendment approved 1878; Code Amdts. 1877-78, p. 46.] San Diego pilots and pilot regulations: Stats. 1911, p. 267; Gen. Laws, Act 3158. Legislation § 2457. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 345, § 7. 2. Amended by Code Amdts. 1877-78, p. 46. § 2458. Pilots to keep boats. Pilots must at all times keep, for their exclusive use, boats of such description and good condition as directed by the board. [Amendment approved 1878; Code Amdts. 1877-78, p. 46.] Legislation § 2458. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 346, § 10. 2. Amended by Code Amdts. 1877-78, p. 46. § 2459. Pilots to prevent premature boarding. Arrest of offenders. Every pilot in charge of a vessel arriving in the port or harbor of San Francisco must safely moor the vessel in such position as the master of the vessel or harbor-master may direct. He must prevent all persons (except officers of the state or Federal governments, owners or consignees of the vessel or cargo, and persons admitted on the express order of the master) from boarding such vessel until she has been safely moored. To enforce the provisions of this section and other police regulations for the harbor, every pilot in charge of a vessel entering the harbor of San Francisco is authorized and empowered to arrest every one who, in opposition to the master's orders, persists in boarding such vessel, or who, having boarded her refuses to leave on the command of such master or pilot; when so arrested he must be immediately brought before the police judge's court, or admitted to bail, as provided in the Penal Code. Legislation § 2459. Enacted March 12, 1872; based on Stats 1869-70, p. 347, § 11. § 2460. To render monthly account of pilotage. Every pilot of the harbor of San Francisco, Mare Island, Vallejo, and Benicia must, once in each month, upon blanks to be furnished to them by the board of pilot commissioners, render a verified account to the board of all moneys received by him, or by any other person for him, or on his account, and pay five per cent thereof to the board, in full compensation for its official services, for the services of its secretary and treasurer, and all incidental expenses. Such account shall give the name of each vessel piloted, and the master thereof, and of each vessel for which pilotage has been charged or collected, and the amount charged to or collected from each, and any rebates made and allowed and the amounts thereof, where the same is registered, the depth of its draft, its tonnage, whether inward or outward bound, and whether the amount so received, collected, or charged is for full pilotage or half-pilotage, and the secretary shall record such account in full detail in a book prepared for that purpose, which book shall at all times be open to public inspection. [Amendment approved 1899; Stats. 1899, p. 6.] Legislation § 2460. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 347, § 12. 2. Amended by Stats. 1899, p. 6. § 2461. Board may revoke license and suspend pilots. The board has power summarily to suspend pilots for misconduct, inattention to their duty, intoxication, or violation of any of the rules and regulations provided by the board for the government of pilots, and to revoke the license of pilots for the causes hereinafter mentioned, upon due proof thereof, as hereinafter provided. The board must immediately suspend every pilot complained of until the complaint is investigated and decided. Legislation § 2461. Enacted March 12, 1872; based on Stats. 1869–70, p. 347, § 13. § 2462. Causes for revocation. Any pilot may be deprived of his license before its expiration for the following causes only: 1. For neglect, for thirty days after the same becomes due, as provided in the second preceding section, to render an account to the board of pilot commissioners of all moneys received by him for pilotage; 2. For neglect, for thirty days after the same becomes due, to pay over to the board the five per cent on the pilotage money received by him; 3, For rendering to the board a false account of pilotage received; 4. For absenting himself from duty for more than one month at any one time, except upon leave granted by the board, or by reason of sickness or personal injury; Pol. Code-39 |