5. Habitual drunkenness. Notice of any charge must be given to the pilot accused, and an opportunity to defend himself given before his removal. License, suspension or revocation of: See ante, §§ 2477, 2481, 2485. p. 77, §§ 23, 24. § 2487. Pilot losing vessel. A pilot negligently losing a vessel must not thereafter receive a license as a pilot, and is liable for all damages sustained in consequence of such neglect. If a pilot negligently runs a vessel on shore, he must receive no pilotage; and he is liable on his bond for all damages sustained. Legislation § 2487. Enacted March 12, 1872; based on Stats. 1860, p. 77, § 24. § 2488. Extra services. The master, owner, or consignee of any vessel to whom any pilot may have rendered, upon request of either of them, any extra service for the preservation of such vessel while in distress, must pay such pilot, in addition to his regular fees, such amount as the commissioners determine to be a reasonable and just reward, if no special agreement has been made between such master, owner, or consignee of such vessel and the pilot. Legislation § 2488. p. 77, § 29. Enacted March 12, 1872; based on Stats. 1860,1 § 2489. Full pilotage. A pilot boarding any vessel displaying a signal for a pilot is entitled to receive full pilotage. Legislation § 2489. Enacted March 12, 1872; based on Stats. 1860, p. 78, § 30. § 2490. Further fees. The commissioners are entitled to charge for each license to a pilot a sum not exceeding fifty dollars; and ang master of a coasting-vessel, being an American citizen, can, upon application to the pilot commissioners, obtain a special license for the use of such vessel only, by paying the commissioners for the same at the rate of one dollar per ton; all such vessels must be under one hundred and seventyfive tons burden. Legislation § 2490. Enacted March 12, 1872; based on Stats. 1860, p. 78, § 31. § 2491. Claims against board. All claims against the commissioners must be considered at a stated meeting, and if correct must be allowed and paid. Legislation § 2491. Enacted March 12, 1872; based on Stats. 1860, p. 78, § 32. § 2510. Fees for surveys and certificates. § 2511. § 2507. May call assistance, but no charge therefor. Sales of wrecks, etc., and merchandise for foreign underwriters. Wardens not to be connected with insurance. Penalty for acting as port warden, by one who is not such. § 2501. Number of port wardens. There shall be four port wardens of the port of San Francisco, and such number for each and every other port of entry within this state as may be prescribed by law; provided, however, that there shall be at least one port warden for each such port. The port wardens shall be appointed by the governor, except the port wardens of ports whose appointment is otherwise provided for by law. [Amendment approved 1913; Stats. 1913, p. 413.] Legislation § 2501. 1. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 1. 2. Amended by Stats. 1913, p. 413. § 2502. Board for San Francisco. Of the wardens appointed in San Francisco two or more must be master mariners. They must act in concert in the discharge of their duties, and are known as the board of port wardens for the port of San Francisco. Legislation § 2502. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 2. § 2503. Duty of wardens. The port wardens, when required by any person interested in either vessel or cargo, must survey any vessel arriving in distress, or which has sustained damage or injury at sea, and survey in whole or in part the cargo thereof; and must survey the hatches, stowage, and cargo of all vessels laden with general or assorted merchandise belonging or consigned to various parties. Legislation § 2503. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 3. § 2504. To keep open record. They must keep in a book provided for such purpose a record of all surveys, signed by the warden making the survey, at all times open for inspection by any person interested in the vessel or cargo surveyed, of which all persons requiring them must be furnished with copies certified under the hand of the warden or one of the board of wardens and seal of the board, on payment of the fee therefor. Legislation § 2504. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 4. In all surveys made § 2505. Surveys, and what same must set forth. by a port warden he must set forth clearly and fully the nature of the damage; if of merchandise, whether from actual contact with sea-water or through the excess of water in the hold of the vessel, or from the humidity or sweat of the hold, bad stowage, or from such other cause by which in his judgment the damage has been occasioned. If the survey is of a damaged vessel he must give a full account of all the loss and injury which she has sustained, and recommend the repairs. He must state the value of the vessel in her damaged condition, and also the value of the repairs recommended, setting forth what parts are to be supplied anew and what parts to be put in repair. Legislation § 2505. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 5. Whenever a port § 2506. May call assistance, but no charge therefor. warden deems it necessary he may call to his assistance, on a survey, a ship-carpenter, rigger, sailmaker, or other person practically acquainted with the merchandise to be surveyed or parts of the vessel to be repaired, who must be sworn to examine properly and to render with the warden a correct and faithful report of the surveys. No additional charge must be made therefor to the vessel unless their survey is required by the owner or agent thereof. Legislation § 2506. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 6. § 2507. Sales of wrecks, etc., and merchandise for foreign underwriters. All wrecked or damaged vessels, or materials from the same, and all merchandise sold at public auction for account of underwriters residing abroad, when required by any party having an interest in the same, or for account of whom it may concern, or upon which claims are to be made against underwriters residing abroad, must be sold under the inspection of a warden of the port where such sale is made. And the warden must separate sound goods from those damaged, and certify specially the nature, and, as far as can be done, the extent of such damage. No port warden has authority to sell or dispose of any property that may have been surveyed by him without the consent of the owner or agent of the same; nor when the settlement of losses has been agreed upon in writing by the parties interested and a copy thereof given to the warden. Marine insurance: Civ. Code, §§ 2655-2746. Loss: Civ. Code, §§ 2701-2712. Abandonment: Civ. Code, §§ 2716-2732. Measure of indemnity: Civ. Code, §§ 2736-2746. Wrecks and wrecked property: See ante, §§ 2403 et seq. Legislation § 2507. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 7. § 2508. Notice of sale, how given. In case sales are made at auction under the direction of the port warden, he must give at least three days' notice of the same by publication in some newspaper published in the county where the survey is made, describing the articles to be sold; and if merchandise, the vessel by which imported; and if a wrecked or damaged vessel or materials of the same, the name of the vessel and where from. If no newspaper is published in the place where the sale is made, then a written notice of such sale must be posted up in the vicinity. Legislation § 2508. p. 44, § 8. Enacted March 12, 1872; based on Stats. 1853, § 2509. Wardens not to be connected with insurance. No port warden must, either directly or indirectly, have any connection with insurers of this state, or of any other of the states, or of foreign countries, or with the agents or representatives of such insurers, so far as his duties as port warden are concerned. He must not in any manner be interested, directly or indirectly, in any repairs he may recommend, nor in any vessel, cargo, or portion of cargo he may be required to survey. Legislation § 2509. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 9. § 2510. Fees for surveys and certificates. For each and every survey the port warden is entitled to fifteen dollars, to be paid by the owners, masters, or consignees, the amount not to exceed altogether for any one vessel the sum of seventy-five dollars. Foreign vessels, not admitted by treaty on terms of equality with American bottoms, must pay fifty per cent advance on this rate. For all separate certificates of surveys required by different consignees he is entitled to a fee of two dollars and a half, and for each order of sale he is entitled to ten dollars. Legislation § 2510. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 10. § 2511. Penalty for acting as port warden, by one who is not such. Any person other than a port warden, appointed according to law, who performs any of the duties of such officer prescribed in this article is liable to a penalty of not less than five hundred dollars nor more than one thousand dollars for each offense, to be recovered in any court of competent jurisdiction by the warden or board of port wardens, in the name of the people of the state of California. Exercising functions of office wrongfully: Pen. Code, § 75. Legislation § 2511. Enacted March 12, 1872; based on Stats. 1853, p. 44, § 11. ARTICLE IX. San Francisco Harbor and State Harbor Commissioners. § 2520. Board of state harbor commissioners. Actions for property, money, and removal of obstructions. Power to set apart property for aquatic sports. Extension and supervision of streets along water-front. § 2521. Bonds. Appointment of assistants. Term of office. § 2522. Employees and their duties. § 2523. § 2524. § 2524a. § 2525. § 2526. $2527. Requisites of valid contract. § 2528. Disposition of moneys collected. § 2529. Vouchers, drafts, and warrants. § 2531. Ex officio members of board. § 2532. § 2533. § 2534. § 2535. New sea-wall for San Francisco harbor. San Francisco harbor improvement fund. Limit of compensation for collecting dockage, etc. [Repealed.] $2536. State treasurer's receipts, disbursements, and account-books. § 2537. Report of commissioners to governor. § 2538. Maps of changes in lines of water-front or streets. § 2539. Office and duties of chief wharfinger. Duties of chief wharfinger as to abandoned water-craft and boats Failure to obey orders of chief wharfinger. Fast driving on wharves prohibited. Police judge's court to try misdemeanors hereunder. Obligee on official bonds. Seal. When no tolls or wharfage to be collected. Collections and payments in gold and silver coin only. Salaries of harbor commissioners, etc. Duties of attorney-general. Office-rooms. [Repealed.] Legislation Article IX. This is an original code article, but at the session of the legislature in 1875-76 was subjected to a drastic reconstruction, as will be seen by a comparison of the titles of the original code sections with those of the amendments of 1875-76. § 2520. Board of state harbor commissioners. A board of state harbor commissioners, to consist of three persons is hereby created, with such powers and duties as are prescribed by law. On the passage of this act the governor must nominate, and, by and with the consent of the senate, appoint three state harbor commissioners. Any and all harbor commissioners heretofore or hereafter appointed shall hold office at the pleasure of the governor. When any appointment of any successor to any commissioner is made by the governor, such appointment shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session, and, until such time, the person so appointed shall have as full and ample power and authority as though confirmed by the senate. In case the senate, during its session, fail to act on or refuse its consent to any nomination the governor may make of any person or persons to constitute the board herein provided for, he must, after the adjournment of the senate, grant a commission or commissions to such person or persons as he may desire to appoint, which appointment or appointments shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session, and until such time the person or persons so appointed shall have as full and ample power and authority as though confirmed by the senate. The board of state harbor, commissioners hereby created shall be the legal successor to any and all previous boards. When the board herein provided for is appointed, it shall organize and elect a president and executive officer of the board. It shall be his duty to preside at its meetings, to supervise the official conduct of its officers and employees, especially in the collection, custody and disbursements of the revenues, and to require that all the books, papers and accounts be accurately kept and in proper form, and all the provisions of law and the regulations of the board be enforced and observed. He may administer official oaths to the officers and employees of the board, except the other commissioners, and to all other persons in relation to the business of the board. [Amendment approved 1911; Stats. 1911, p. 313.] Harbor commissioners, ex officio members of board of: Post, § 2531. |