Duty of treasurer. "State Wharf an Dock Fund." Provision for improvements. Shall advertiso for proposals. controller of State the total amount of money received and disbursed by them for the period for which such report is made, and the amount to be paid into the State treasury, and to file with the controller the receipt of the State treasurer for the money paid into the treasury. It shall be the duty of the State treasurer to receive all moneys paid into the State treasury by the State harbor commissioners, and keep the same in a separate fund, to be known as the "State Wharf and Dock Fund," and to pay out the same as provided in section seven of this act. The State treasurer shall keep an accurate account of all moneys received into the State treasury and paid out under this act, in books kept solely for that purpose. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. 3476. SEC. 9. It shall be the duty of the commissioners to make all improvements deemed necessary, and to designate the time and manner of making the same. When they shall determine that repairs shall be made, a new wharf constructed, a dock dredged, or other improvements made, they shall advertise for sealed proposals, for at least ten days, in one of the newspapers printed and published in the City and County of San Francisco having the largest local circulation, and let out all contracts made to the lowest responsible bidder. The advertisements for proposals for contracts shall contain an accurate description of the work to be done, with a full description of the materials to be used, and such other details as may be necessary to a correct understanding of the entire work to be performed. The commissioners shall have the power For purposes of to set apart for the uses and purposes of dry-docks or marine railways such portion of dry docks. the water front of the City and County of San Francisco (not included between Chestnut and Harrison streets) as the wants of commerce may require, and shall lease the same, for a period not exceeding twenty years, in the same manner as herein provided for the lease of wharves. On a certain day, to be named in the publication, the commissioners shall open the bids in the presence of such of the bidders as may be present, and award the contract to the lowest responsible bidder, who shall furnish sufficient sureties to guarantee a performance of the work; provided, that if, in the opinion of the commissioners, the bids are unreasonably high, they may reject them all, and advertise anew, in like manner as before. And if, in the opinion of the commissioners, the second set of bids are also unreasonably high, they may reject them likewise, and enter into a contract with responsible parties, without giving further public notice; provided, further, however, that any such contract entered into without giving public notice, shall be at least five per cent. less than the lowest bid rejected as provided in this section. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. Proviso Proviso. Where wharves shall commence. Proviso. 3477. SEC. 10. Every wharf hereafter constructed shall commence at the foot of some street, as laid down on the official map of the City and County of San Francisco, and shall extend into the bay in a direct line with such street. No wharf hereafter constructed shall ever be extended into the bay more than six hundred feet beyond the water front of said City and County of San Francisco, as established by an act of the legislature, approved March twenty-sixth, one thousand eight hundred and fiftyone. All of the spaces bounded by the said water front and a line parallel thereto, and How far extend. six hundred feet therefrom, in said bay, and lines running from the termination of the lines of said streets and in a straight course with said lines to the line in the bay six hundred feet from said water front, shall be used solely and exclusively for docks, quays, landing places, and thoroughfares, forever, and said spaces are hereby dedicated to the aforesaid uses forever; provided, that all the streets of the City and County of San Francisco lying along the water front shall be extended to a uniform width of one hundred and fifty feet, the outer half of which shall be constructed or built and maintained in good repair by the commissioners created under this act, or parties holding under them, and may be used as a landing place, or pier, on which dockage, wharfage, and tolls may be collected; and until such extensions are made, the commissioners shall have and use as a landing place, with full power to collect dockage, wharfage, and tolls upon the same, so much of the streets now fronting upon the Bay of San Francisco as may be used for such purpose without obstructing the same as a thoroughfare; and provided, further, that the commissioners shall have no authority to construct any works in the slips between the streets which shall extend beyond the line of the streets as defined in this section, except such as may be necessary for ferry uses; and provided, further, that a street shall be laid out and constructed along the water front from Market to Pacific street, which shall have its whole width of one hundred and fifty feet outside or easterly of the water front boundary-line, as established by an act entitled an act to provide for the disposition of certain property of the Proviso. Proviso. State, approved March twenty-sixth, eighteen hundred and fifty-one. And all the space inside or westerly of the said line between Market and Clay streets, heretofore laid out and designated on the official map of the city as a public street, and heretofore used as such, and the space between Jackson and Pacific streets, and between the easterly line of the water lots or private property, as already granted and disposed of by the State or city, and the westerly line of the street as herein defined and established, are hereby reserved and dedicated, and shall forever continue open to common public use as a street or thoroughfare. The commissioners shall within one year after the passage of this act make out and file with the surveyor of the City and County of San Francisco, an accurate plot of survey, showing the location and lines of the streets along the water front, as the same are extended, established, and defined in this act. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. to fix tolls. raised. 3478. SEC. 11. The commissioners shall, from time to time, fix the rates of tolls, Commissioners wharfage, and dockage (which wharfage shall not at any time exceed twenty cents per ton on merchandise landed on or shipped from the wharves, and not less than ten cents on any load less than half a ton carried on or off the wharves by any vehicle at any one time, and not otherwise charged with wharfage, and which dockage shall neither be increased nor diminished more than twenty-five per cent. from present rates), to be collected, keeping in view that no more money is to be raised therefrom Amount to be than is necessary, with the amount of money derived from the rental of wharves and other works, to keep the wharves, piers, landing places, and thoroughfares in good repair, to construct such new wharves, piers, landing places, thoroughfares, and other works, as the convenience of commerce and protection of the harbor may require, and to protect and dredge the docks and quays. The rates of tolls, wharfage, and dockage, fixed as provided in this section, shall be subject to revision by the legislature; provided, that all tolls, wharfage, and dockage charges by this act authorized and re- Proviso as to gold and silver quired to be collected, shall be due and collectable exclusively in gold and silver money Coin. of the United States; and the wages of all laborers employed by the commissioners on any public works under their charge or otherwise, in the execution of their powers and duties under the provisions of this act, shall be deemed to be payable in gold and silver coin, unless otherwise specially agreed. No greater amount of money shall, in the main, ever be raised by the collection of tolls, rents, wharfage, and dockage, than is necessary to keep the sea walls, embankments, wharves, piers, landing places, and thoroughfares, in good repair, construct new ones, dredge and protect the harbor, docks, and quays, and pay the incidental expenses connected therewith. No tolls shall ever be collected of pedestrians, or upon any baggage or package they may carry. The Wharfage to be a charge of wharfage is hereby made a lien upon any goods, wares, or merchandise, landed upon any of the wharves, piers, or landings, in the City and County of San Francisco, and the commissioners created under this act, their agents or lessees, are hereby authorized to hold possession of goods, wares, or merchandise, landed as aforesaid, as security for the payment of wharfage. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. lien. missioners to sign contract. 3479. SEC. 12. No contract or obligation entered into by the commissioners under All three comthis act, which creates a liability or authorizes the payment of money, shall be valid and of binding force unless the same shall be signed by all three of said commissioners, and countersigned by the secretary of the board; and no obligation or contract, of any kind whatsoever, involving an expenditure of money, shall ever be entered into or contracted by the commissioners unless there is money in the wharf and dock fund or harbor protection fund sufficient to pay the same; provided, that the commissioners shall have power, whenever they find it necessary in order to provide for the construction or repair of any work deemed necessary for the convenience of commerce, and authorized by this act, to pledge the revenue of such work for and during a period not exceeding three years from the date of such contract. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. 3480. SEC. 13. The commissioners shall, on or before the first Monday of November Report by commissioners in each year, make to the governor a full report of all moneys by them received and disbursements made under this act, stating specifically for what the same was received, and for what purpose the same was expended, and shall give an account of all improvements made, and the general condition of the property under their charge, which reports shall be transmitted by the governor to the legislature at the time of making the annual report, as provided in this section. It shall be the duty of the secretary to estimate the surplus money growing out of the revenues from said wharves, over and above the requirements of the first four subdivisions of section three of this act, and when such surplus is ascertained, the same shall be set apart by the State treasurer "San Francisco as a special fund, to be called the "San Francisco Harbor Protection Fund," to be used Harbor Protec tion Fund." Erection of sea wall. Vacancy. Dnty of attorney general. Salaries Eligibility of officers. Lessees of wharves. Liability of. No person except commissioners to collect tolls. exclusively in the building and construction of such sea wall along the line of the water front of said city and county as shall hereafter, upon accurate survey, be found necessary for the protection and security of the harbor and water front of said city and county. 3481. SEC. 14. Upon the accumulation of the sum of twenty-five thousand dollars in said "Harbor Protection Fund," the commissioners shall cause a survey and estimates to be made for the construction of a sea wall, and the expense of such survey and the costs of constructing said sea wall shall be paid out of the "Harbor Protection Fund." Such sea wall shall be constructed by contract, in sections of not more than two blocks in one contract, and all contracts for that purpose shall be made in accordance with the provisions of section nine of this act. 3482. SEC. 15. In the event of the death or resignation of either of the commissioners elected under this act, the governor shall fill the vacancy by appointment, and the appointee shall hold the office until the next general or municipal election, or meeting of the legislature, as the case may be. Any person so appointed to fill a vacancy in the board of commissioners shall give a like bond and subscribe to a like oath as those required of commissioners elected under this act, before he receives a commission from the governor. If any one of said commissioners, or the secretary of the board, shall absent himself from the State for a space of sixty days, he shall be deemed to have vacated the office held under this act, and the governor shall appoint his successor, who shall hold the office until the next general or municipal election, or meeting of the legislature, as the case may be, at which time his successor shall be elected, and hold his office for the balance of the unexpired term. And such appointee shall give a like bond and subscribe to a like oath as those required of his predecessor. 3483. SEC. 16. It shall be and is hereby made the duty of the attorney general of the State to give such legal advice and render such legal services as may, from time to time, be required of him by the commissioners, in connection with their duties under this act. 3484. SEC. 17. The salary of each commissioner shall be two hundred and fifty dollars per month. The salary of the secretary shall be two hundred dollars per month. The said salaries shall be payable monthly, out of any moneys collected under this act. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. 3485. SEC. 18. No person shall be eligible to any office under this act unless he has been a resident and citizen of this State at least two years next prior to the time of his election or appointment. 3486. SEC. 19. Should any personal injury or loss of property occur in consequence of the neglect of the lessees to keep the wharves, docks, and landing places in good repair, the party receiving the personal injury or losing the property may proceed against the said lessees in any court of competent jurisdiction; and the said lessees shall be responsible on the bonds given to the State harbor commissioners for the faithful performance of their contract, for all judgments obtained against them for losses or injuries sustained in consequence of such neglect. 3487. SEC. 20. No person or company shall, after the commissioners elected under this act shall have been commissioned as herein provided, collect any tolls, wharfage, or dockage, or land, ship, or remove any goods, wares, or merchandise, or other thing upon or from any portion of the said water front of said City and County of San Francisco, or from or upon any of the wharves, piers, or landing places placed under the control of said commissioners by this act, unless authorized so to do by the said No obstructions. commissioners. Nor shall any person or persons place or cause to be placed any obstructions in the said harbor, or on or upon the said piers, wharves, or landing places, to the detriment of the harbor, or of the revenues created by this act. Any person violating or offending against the prohibition in this section contained shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail of the City and County of San Francisco not exceeding six months, or by both such fine and imprisonment. [Amendment, approved March 5, 1864; 1863-4, 138; took effect from passage. Dredging docks, etc. 3488. SEC. 21. Whenever, in this act, authority is given to dredge docks, repair wharves, or make other improvements, it shall be deemed to apply only to such wharves, docks, or other improvements as are not leased, as provided in section five SEC. 22. All acts and parts of acts in conflict with this act are hereby repealed. An Act amendatory of and supplementary to the foregoing act of April 24, 1863. Approved March 5, 1864; 1863-4, 138. [SECTIONS 1 to 12, inclusive, contain the amendments to Secs. 1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 17, and 20 of the foregoing act of April 24, 1863, therein inserted.] 3489. SEC. 13. Nothing in this act shall affect the duration of the terms of office Terms of office. of the present board of State harbor commissioners, but the present incumbents shall hold their said offices for the term or terms for which they have been elected. SEC. 14. All acts and parts of acts in conflict with this act are hereby repealed. An Act to authorize the board of State harbor commissioners to employ counsel in San Approved March 28, 1864; 1868-4, 260. 3490. SECTION 1. The board of State harbor commissioners are hereby authorized, Commissioners with the advice and consent of the attorney general, to employ such counsel as they counsel may employ shall deem necessary in the prosecution and defense of all suits brought under their direction and against them and in other matters in which they require legal assistance and advice, and to pay the necessary and proper expense thereof, not exceeding three thousand dollars per annum, in the same manner as their other expenses are paid. SEC. 2. This act shall take effect from and after its passage. Harbor Police Kegulations. An Act to establish police regulations for the harbor of the City and County of San Fran. cisco, and to authorize and empower the board of supervisors to regulate the same. Approved April 4, 1864; 1863-4, 446. made fast to a 3491. SECTION 1. No person shall board or attempt to board any vessel arriving in Vessels not to be the harbor of the City and County of San Francisco before said vessel has been made boarded until fast to the wharf, without obtaining leave from the master or person having charge of wharf. said vessel, or permission, in writing, from the owner or owners, or the agent thereof, or having boarded such vessel, shall refuse or neglect to leave the same upon request of the master or other person in charge thereof, under the penalty prescribed in the next succeeding section of this act. 3492. SEC. 2. Any person violating section one of this act shall be deemed guilty of Violations of act. a misdemeanor, and upon conviction thereof before the police judge's court of said city and county, shall be punished for each offense by a fine not exceeding one hundred dollars, or imprisonment in the county jail of the City and County of San Francisco for a term not exceeding fifty days, or both, in the discretion of the judge of the said police judge's court, which court shall have jurisdiction in such cases. 3493. SEC. 3. The provisions of the last two foregoing sections shall not apply to Pilots, etc., any pilot or public officer visiting a vessel in discharge of his duty. excepted. to desert. 3494. SEC. 4. No person shall entice or persuade nor attempt to entice or persuade Penalty for any member of the crew of any vessel arriving in said harbor, or of any vessel in said enticing a sailor harbor, to leave or desert said vessel before the expiration of his terin of service in such vessel. Any person guilty of so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty prescribed in section two of this act. shipped for 3495. SEO. 5. No person shall knowingly and wilfully persuade or aid any person For a man who shall have shipped on any vessel for a voyage from said port, and received any a voyage. advance wages therefor, to desert or wilfully neglect to proceed on such voyage. Any person guilty of so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof before the police judge's court of said city and county shall be punished for each offense by a fine not exceeding one hundred dollars, or imprisonment in the county jail of the City and County of San Francisco for a term not exceeding fifty days, or both, in the discretion of the judge of the said police judge's court, which court shall have jurisdiction in such cases. 3496. SEC. 6. Any person offending against any provision of this act may be arrested, without warrant. Proviso. Arrests with or with or without warrant, as provided in other cases of misdemeanor, by any officer qualified to serve criminal process in the said City and County of San Francisco; provided, the person so arrested shall be forthwith brought before said police judge's court or admitted to bail as in other cases of misdemeanor committed in said City and County of San Francisco. Terms defined. Pilots to circulate act. Penalty for neglect. 3497. SEC. 7. The word "harbor," as used in this act, shall be held to mean and include all the waters of the Bay of San Francisco within the limits of the said City and County of San Francisco; and the word "vessel," as used in this act, shall be held to mean and include all vesels propelled by steam or sails plying or bound on a voyage between the said port of San Francisco and any other port in this State, or in any other state of the United States, or in any foreign country. 3498. SEC. 8. The board of supervisors of said City and County of San Francisco shall cause this act to be printed in cheap pamphlet form, and it shall be the duty of each and every branch pilot of the port of San Francisco to obtain from the clerk of the board of supervisors of said city and county a reasonable supply of said pamphlets, and to deliver one copy of the same to the master or person in charge of each and every vessel boarded by him as a pilot, whether the said pilot is employed to bring such vessel into said port or not. 3499. SEC. 9. Any branch pilot refusing or neglecting to perform the requirements set forth in the last preceding section shall be deemed guilty of a misdemeanor, and shall upon conviction thereof before the police judge's court of said city and county be fined in the sum of ten dollars, or be imprisoned in the county jail for the term of twenty-five days, or both, in the discretion of the judge of said police judge's court, which said court is hereby given jurisdiction in such cases. Retention of hides of cattle. To exhibit hides to certain officers. Brand and counter brand. Duties of slaughterers. Hides of Cattle. [An Act to provide for the retention of the hides of cattle killed or slaughtered in San Mateo County, approved April 8, 1862, 118, was superseded by the following act:] An Act to provide for the retention of the hides of cattle killed or slaughtered in certain counties in this State. Approved April 20, 1863, 359. 3500. SECTION 1. Any person or persons who shall at any time in the Counties of Santa Clara, Los Angeles, San Diego, San Bernardino, San Luis Obispo, Contra Costa, San Mateo, Alameda, Santa Barbara, and Marin, kill or slaughter, or who shall cause to be killed or slaughtered any cattle, either for his or their own use and consumption, or for sale, shall retain or cause to be retained in their possession the hides taken off said animal, with the ear-marks attached thereto, without any alteration or disfiguration of the brand or marks on said hides or ears, for the period of eight days. [Amendment, approved March 28, 1864; 1863-4, 261; took effect from passage; repealed all acts in conflict. 3501. SEC. 2. Any justice of the peace, constable, owner of cattle, or any other person, may, within the period of time mentioned in the first section of this act, demand an exhibit of the hide or hides of any cattle so killed or slaughtered (as herein provided), by the person so killing or slaughtering the same, or by any other person for whose use and benefit said animal was killed; and upon such demand being made, he or they shall produce the same for the inspection of said justice of the peace, constable, owner, of cattle, or any other person. 3502. SEC. 3. All persons, owners of cattle, shall, when he or they sell any hide or hides of his or their own mark or brand, place his or their counter brand upon the same; and it shall not be lawful for any person to purchase any hide or hides without such counter brand thereon. 3503. SEC. 4. All persons killing or slaughtering any cattle, or causing the same to be killed or slaughtered, shall keep at the place of slaughter a book, in which shall be entered, at the time of the killing or slaughtering of any animal, the number and class of cattle killed or slaughtered, the name of the person or persons from whom such cattle were purchased, the marks or brands of such cattle, and whether counter branded or not, and if not counter branded, such person or persons killing or slaughtering such cattle shall enter in the book herein mentioned a copy of the bill of sale received by him from the person who sold him such cattle, with a certificate attached thereto; such books shall be at all times subject to the examination of all persons who may desire to examine the same. |