warrant or commitment in a criminal case, the prisoner be again arrested on sufficient proof, and committed by legal process for the same offense.(") [Amendment, passed March 31, 1854, 20. issued instead of 3448. SEC. 30. Whenever it shall appear, by satisfactory proof by affidavit, to any Warrant may be court or judge authorized to grant a writ of habeas corpus, that any one is illegally habeas corpus held in custody, confinement, or restraint, and that there is good reason to believe in certain cases. that such person will be carried out of the jurisdiction of such court or judge, before whom the application is made, or will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, such court or judge may cause a warrant to be issued reciting the facts, and directed to the sheriff, coroner, or constable of the county, commanding such officer to take such person, thus held in custody, confinement, or restraint, and forthwith bring him or her before such court or judge, to be dealt with according to law. 3449. SEC. 31. Such court or judge may also, if the same be deemed necessary, Warrant may insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. include person charged with illegal detention. warrant. 8450. SEO. 32. The officer to whom any such warrant is delivered, shall execute Execution of the same, by bringing the person or persons, therein named, before the court or judge, who may have directed the issue of such warrant. 3451. SEC. 33. The person alleged to have such party under illegal confinement or Return to restraint, may make return to such warrant, as in case of a writ of habeas corpus, and warrant. the same may be denied, and like allegations, proofs, and trial, shall be thereon had, as upon a return to a writ of habeas corpus. remanded. 3452. SEO. 34. If such party be held under illegal restraint or custody, he or she Party may be discharged or shall be discharged, and if not, he or she shall be restored to the care or custody of the person entitled thereto, or left at liberty, as the case may require. 3453. SEC. 35. Any writ or process authorized by this act may be issued and Process exccuted on Sunday. served on the first day of the week, commonly called Sunday. 3454. SEC. 36. All writs, warrants, processes, and subpoenas, authorized by the Writs, etc., to bu issued by clerk, provisions of this act, shall be issued by the clerk of the court, and, except subpoenas, and, except subsealed with the seal of such court; and shall be served and returned forthwith, unless pœnas, sealed. the court or judge shall specify a particular time for any such return. 3455. SEC. 37. All such writs and processes, when issued by order of a judge, shall Return of writs be returned before him at the county-seat, and shall be there heard and determined. 3456. SEC. 38. If any judge, after a proper application is made, shall refuse to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed shall refuse obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding five thousand dollars, to be recovered by an action of debt, in any court having cognizance thereof. issued by judge. Judge improperrefusing habeas corpus. 3457. SEC. 39. Any one having in his custody, or under his restraint or power, any Penalty for person for whose relief a writ of habeas corpus shall have been duly issued, pursuant evade this act. attempting to to the provisions of this act, who, with the intent to elude the service of such writ, or to avoid the effect thereof, shall transfer such person to the custody of another; or shall place him or her under the power or control of another; or shall conceal or exchange the place of his or her confinement or restraint; or shall remove him or her without the jurisdiction of such court or judge; shall be deemed guilty of a misdemeanor, and fined in a sum not exceeding five thousand dollars. evade act. 3458. SEC. 40. Every person who shall knowingly aid or assist in the commission Assisting to of any offense specified in the last preceding section, shall be deemed guilty of a misdemeanor, and punished as in the last preceding section mentioned. 3459. SEC. 41. Every person convicted of any offense under the provisions of the Additional last preceding sections, in addition to the punishment therein mentioned, may be also penalty. imprisoned in the county jail for a term not exceeding two years. An Act supplementary to the act concerning the writ of habeas corpus. Approved February 2, 1859, 15. 3460. SECTION 1. Whenever application is made to the supreme court for a writ Writ issued by of habeas corpus, it shall be lawful for said court, if it appear that the writ ought to supreme court. issue, to make the same returnable before one of the justices thereof, at chambers, or before any district or county judge of the State. It shall be the duty of the judge, before whom the writ is thus made returnable, to hear and determine the application thereon. (*) The original section was the same, except that it did not contain the words, "except in the following cases." Hearing. 3461. SEO. 2. Whenever application is made to one of the justices of the supremecourt for a writ of habeas corpus, it shall be lawful for such justice, if it appear that the writ ought to issue, to make the same returnable either before the court, or before one of the other justices thereof, or before any district or county judge of the State. It shall be the duty of the court, or judge, before whom the writ is thus made returnable, to hear and determine the application thereon. Penalty for mooring to buoys. Throwing ballast in harbor. Disposition of fines. Ohstructing channels. Punishment. Disposition of fines. Board of commissioners created. Harbors. An Act for the protection of harbors. Approved April 23, 1861, 224. 3462. SECTION 1. Any person mooring any vessel to, or in any manner hanging on with a boat, or vessel, to any buoy, or beacon, placed by the United States light-house board, or other competent authority, in any port, harbor, or cove, within this State, into which vessels may enter for the purpose of receiving, or discharging, cargo, or any person who shall wilfully remove any such beacon, or buoy, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than fifty, nor more than five hundred, dollars, upon conviction by any court of competent jurisdiction. 3463. SEC. 2. The owner, or master, of any boat, or vessel, who shall, within the anchorage of any port, harbor, or cove, of this State, into which vessels may enter for the purpose of receiving, or discharging, cargo, throw overboard from said boat, or vessel, the ballast, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, by any court of competent jurisdiction, shall be subject to a fine not exceeding five hundred dollars. 3464. SEC. 3. All fines recovered under the provisions of this act, after deducting the costs of prosecution, shall be paid into the county treasury of the county where recovered. An Act to prevent the owners of saw-mills and other persons from obstructing the channels of Humboldt Bay and Harbor. Approved March 6, 1857, 66. 3465. SECTION 1. It shall be unlawful for any owner or owners, lessee or lessees of any saw-mill, or for any other person or persons to place, throw, or deposit, or cause, permit, or suffer any person or persons in their employ, to place, throw, or deposit any saw-dust, slabs, cuttings and other refuse, in any place where the same may be washed, carried, or fall into the waters of said bay, unless it shall be prevented from escaping into the channels of said bay, by piers or bulkheads, dams, or other contrivances, first submitted to, and approved of in writing, by the board of supervisors of Humboldt County. 3466. SEO. 2. Any person or persons violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined for each offense, in a sum not exceeding five hundred dollars, nor less than fifty dollars. 3467. SEC. 3. All fines so collected, one-fourth shall be allowed to the district attorney, the informers shall receive one-fourth, and one-half shall be paid into the county treasury, for county purposes. SEC. 4. This act shall take effect from and after the first day of May next. Harbor Commissioners. An Act to provide for the improvement and protection of the wharves, docks, and water front, in the City and County of San Francisco. Approved April 24, 1863, 406. 3468. SECTION 1. A board of three commissioners is hereby created, which shall be known as the "Board of State Harbor Commissioners" (by which name they may be sued and defend in all cases arising under this act in any court of competent jurisdiction), one of whom shall be elected by the qualified electors of the State, at the same time and in the same manner as members of the assembly are elected; one of them shall be elected by the members of the senate and assembly in joint convention, on 128 such a day and at such an hour as may be agreed to by both houses; and one shall be How olected. the oath of oflice. 3469. SEC. 2. As soon as all three of the commissioners created by this act shall shall take poshave received their commissions, they shall take possession of and hold all that porsession of portion tion of the Bay of San Francisco lying along the water front of said City and County of San Francisco, and adjacent thereto, to the distance of six hundred feet into the waters of said bay from the line of the water front, as defined by an act of the legislature, approved March twenty-sixth, one thousand eight hundred and fifty-one, With improvetogether with all the improvements, rights, privileges, franchises, easements, and ments. appurtenances connected therewith or in any wise appertaining thereto, excepting such portions of said water front as may be held by parties under valid leases; and the commissioners shall also take possession and have control of any and all such portions of said water front, with the improvements, rights, privileges, franchises, easements, and appurtenances, as are held under valid leases as soon as said leases shall respectively expire and become void. The commissioners shall, as soon as may be after entering upon their duties under this act, investigate and ascertain by what authority any portion of said water front is possessed and held by persons or parties adversely to the possession of the State through such commissioners, and shall Parties holding adversely to publish the result of their investigations in one of the newspapers printed and having the largest circulation in said City and County of San Francisco; and if any person or company in the possession of any portion of said water front, holding the same adversely to the State, shall, when required by the commissioners to make known to them the authority by virtue of which such person or company claims to hold such possession, refuse or neglect to make the same known, the commissioners shall insti- Commissioners' tute such legal proceedings as may be necessary to discover the nature of such author- duty. ity; and the costs of such proceedings shall be paid and recovered from the person or company in such adverse possession and so refusing. The said commissioners are hereby authorized and empowered, in the name of the people of the State of California, to institute actions at law or in equity for the possession of any wharf or wharves, or other rights, privileges, franchises, etc., named in this section, or for the recovery of the tolls, dockage, rents, and wharfage thereof; also, for breach of any contract made with them as such commissioners, and for the removal of obstructions, and abatement of any and all nuisances on the water front mentioned in this act, and to prosecute the State. For what purposes commissioners shall hold. Keep in repair. Dredging. New wharves. For safety. Where new sea wall is to be commenced. Collect tolls, etc. Secretary of board. Bond of. Duties of Lease of wharves. Proviso. To ferry-boat owners. Proviso. Shall advertise same to final judgment. [Amendment, approved March 5, 1864; 1863–4, 'A8 took effect from passage. 3470. SEC. 3. The commissioners shall have and hold possession and contro of said water front, with the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith, or in any wise appertaining thereto, for the forlowing purposes and uses: First. To keep in good repair all the sea walls, embankments, wharves, piers, landings, and thoroughfares, for the accommodation and benefit of commerce. Second. To dredge such number of the docks as the commerce of the harbor may require, to a depth that will admit of the easy ingress and egress of the vessels which load and unload at said wharves and piers. Third. To construct such new wharves, piers, landings, and thoroughfares as the wants of commerce may require. Fourth. To construct all works necessary for the protection of wharves, piers, docks, landings, and thoroughfares, and for the safety and convenience of shipping. Fifth. To provide for the construction out of the surplus funds growing out of the revenues arising from said wharves, such sea walls or other structure along the water front of said City and County of San Francisco, as shall, upon accurate surveys made for that purpose, be found to be necessary for the protection of the harbor and water front of said city and county. The said structure or sea wall shall be commenced at some point between Harrison street and Chestnut street, upon said water front, and shall be completed between said streets before any work upon said structure or sea wall is done north of Chestnut street, or south of Harrison street. Sixth. To collect such rents, tolls, wharfage, craneage, and dockage, as may, from time to time, be fixed under the authority of this act, and to disburse and dispose of the revenues arising therefrom, as in this act provided. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. 3471. SEC. 4. The commissioners shall appoint some suitable person to act as secretary of said board, who shall not be a member thereof. The secretary, before entering upon the duties of his office, shall give to the State of California a bond, with two or more sureties, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, under this act, which bond shall be approved by the commissioners, in writing, and filed with the secretary of State. The secretary shall keep, in suitable books, a record of all moneys received and disbursed by said commissioners, and also of all contracts and agreements made and entered into by them, which record shall be open to the inspection of the public during the usual business hours. The secretary shall perform such other duties properly pertaining to the duties of a secretary as may be required of him by the board. He shall, also, on the first Monday of January, April, July, and October, in each year, file, under oath, in the office of the secretary of State, a statement, in the form of a balance-sheet, containing a full exhibit of all moneys received and disbursed, the sources from which the same were received, and the purposes for which such moneys were paid out. 3472. SEC. 5. Whenever any wharf, wharves, or other portion of the water front, shall come into the possession of the commissioners under section two of this act, they may proceed to lease the same, separately, for terms not exceeding three years; provided, that such wharves or other portion of such water front lying between Vallejo street on the north, and Third street on the south, as may be necessary for the use of ferry-boats plying across the waters of the bay of San Francisco shall be designated by said commissioners, who shall thereupon, by lease, grant the use of the same to the owner or owners of said ferry-boats, for a period not exceeding three years, free of rent or charge of any kind whatsoever, but upon the condition that the lessees thereof shall dredge the docks or slips used by them, repair the wharves, and construct all works necessary for the protection of said wharves, docks or landings, pursuant to the regulations prescribed by the commissioners; and conditioned, further, that said lessees shall not make any charge, by way of wharfage, or otherwise, for the use of said wharves, docks, or landings, by passengers traveling or carried upon said ferries, and that said wharves, docks, and landings shall not be used by said ferries for any other purpose than ferriage; provided, that nothing herein contained shall prevent ferry owners or companies from leasing wharves, or slips, or landings, from sail commissioners, upon the same terms and conditions as other persons or companies Before leasing any wharf, wharves, or other portion of the water front, they shall advertise, for at least thirty days, in a daily newspaper published in the City and County of San Francisco having the largest circulation, inviting sealed proposals or bids for leasing, separately, such wharf, or wharves, or other portions of the water front. Such advertisements shall contain all necessary information in regard to the terms of the leases to be made, and such lease or leases shall be awarded to the highest responsible Proviso. bidders; provided that if all such bids are, in the opinion of the commissioners, unreasonably low, they may reject them all, and advertise for further bids in like manner as before. In such leases, the commissioners shall make such provision, not Dredging and repairs. inconsistent with this act, for the proper dredging of the docks, repair of wharves, and construction of all works necessary for the protection of wharves, docks, and landings, as in their opinion the safety and convenience of shipping may require. Collection of Should the commissioners be unable to lease any wharf or other work coming into revenue. their possession, they shall employ some suitable person or persons to collect the revenue which may arise from such wharf or other work, and pay a proper compensation therefor, not exceeding the rate of one hundred doliars per month, to each person so employed, and not, in any case, exceeding the sum of two hundred dollars per month for collecting the revenue as aforesaid, and not exceeding the amount collected from such wharf or other work; and the persons so employed shall be required to file a satisfactory bond with the commissioners, sufficient to cover any amount of revenues which may at any time remain in the hands of such collectors. They shall require each per- Accounts to be kept. son so appointed to keep a correct account of all moneys by him collected, in suitable books to be furnished him by the commissioners, which books shall be open to the. inspection of the public at all reasonable times. They shall require each person so appointed to pay over to them, or to the secretary of the board, all moneys by him collected as often as once in each week; provided, that no wharf or other work capable of Proviso. being leased for a sum greater than one hundred and fifty dollars per month over and above the expense of keeping the same in repair and dredging the docks adjoining the same, shall be retained in the possession of the commissioners by virtue of the last preceding part of this section for a longer time than six months without re-advertising the same. The provisions of this section shall apply to all new wharves and other works constructed under the direction of the commissioners, as soon as the same are completed and ready for use. Neither one of the commissioners, nor the secretary, shall ever be interested in any lease or contract made under the provisions of this act. [Amendment, approved March 5, 1864; 1863 4, 138; took effect from passage. duties. 3473. SEC. 6. The commissioners shall keep an office in the City and County of San Office of aut Francisco, the rent of which shall not exceed fifty dollars per month. The office shall powers and be kept open by the secretary of the board during all business hours. The commissioners shall purchase a suitable safe and office furniture, at a cost not exceeding one thousand dollars, and shall also purchase, from time to time, suitable books for the records of the secretary and accounts of the wharfingers, together with such stationery as may be needed by the board, the cost of which safe, furniture, books, stationery, and office rent, may be paid out of any moneys collected for tolls, rents, wharfage, and dockage. The title to all property purchased by moneys collected under this act, together with all books of record, books of account, and all documents of whatsoever kind connected with the business of the board, and properly pertaining thereto, shall be in the State. ed to be paid into State treasury. 3474. SEC. 7. All moneys collected under this act shall be paid into the State Revenue collecttreasury by the commissioners as often as once in each month, in like currency as received, excepting the salaries of the commissioners, secretary, and the wharfingers, the office rent, cost of the safe, office furniture, books, stationery, lights, and fuel, and all necessary expenses for the improvement and repair of the wharves, not exceeding three thousand dollars per month, which amount the commissioners are authorized to expend only in making repairs demanded by urgent necessity, without advertising for proposals; and it shall be the duty of the commissioners to take vouchers for all sums of money expended by them under this act, and safely keep the same on file in the office of the board. For all sums of money paid by the commissioners, excepting How money to those above named in this section, they shall draw their orders on the controller of State, which orders shall be countersigned by the secretary of the board, and the controller of State shall draw his warrant on the State treasurer, who shall pay the same out of any money in the wharf and dock fund. No warrant shall be drawn by the controller upon the State treasurer, as provided in this section, unless the order shall bear the signatures of all three of the commissioners and the secretary. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. be drawn. 3475. SEC. 8. On the payment of any money into the State treasury, as provided Commissioners in section seven of this act, it shall be the duty of the commissioners to report to the controller. to report to |