CHAPTER V.

Other Public Institutions.

$2326. State Agricultural Society.

$2327. University of California, Normal School.
$2328. State Prison.

2326. The powers, duties, privileges, and rights of the California State Agricultural Society are fixed by An Act to incorporate the State Agricultural Society, and to appropriate money for its support," approved May thirteenth, eighteen hundred and fifty-four, and the Acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three.

Board of Agriculture-§ 705.

Acts relating to State Agricultural Society-Stats. 1854, p. 163; 1858, p. 80. Supplementary Acts, Stats. 1863, pp. 49, 259. Act for encouragement of agriculture and other industries, Stats. 1872, p. 442. Special Acts, Stats. 1859, p. 20; 1861, pp. 228, 272, 501; 1864, p. 313; 1870, n. 820; 1874, p. 619; 1876, p. 574; 1878, p. 332. State management and control, Stats. 1980, p. 212 or 49.

Agricultural societies-agricultural districts and agricultural associations therein under State control, Stats. 1880, p. 238 or 62. Former Act on like subject, Stats. 1859. p. 104; amd. by Stats. 1878, p. 84. Agricultural Fair Corporations, Civil Code, $$ 620-622, and see § 288 of same.

Horticultural Commissioners-County Boards of, Stats. 1881, p. 88.

2327. The control and management of the University of California and the State Normal School are provided for in Title III, of Part III, of this Code.

University of California-SS 1385-1477.
State Normal School-§§ 1487-1507.

2328. The control and management of the State Prison is provided for in Part III of the Penal Code.

State Prison-Control and management of, see Act in Stats. 1880, p. 243 or 67; amd. by Stats. 1881, p. 81. Appropriations for deficiencies for completion of Branch State Prison at Folsom, Stats. 1881, p. 33; for manufacture of jute at State Prison in San Quentin, Stats. 1881, p. 34.

Other public institutions-State Hospital and Asylum for Miners created, Stats. 1881, p. 83.

III. FLOATING LUMBER.

IV. WRECKS AND WRECKED PROPERTY.

V. PILOTS AND PILOT COMMISSIONERS.

VI. PILOT REGULATIONS FOR SAN FRANCISCO,

BENICIA, AND MARE ISLAND.

VII. PILOT REGULATIONS FOR HUMBOLDT BAY AND

BAR.

VIII. PORT WARDENS.

IX. SAN FRANCISCO HARBOR AND STATE HARBOR

COMMISSIONERS.

X. HARBOR COMMISSIONERS FOR PORT OF EUREKA
XI. SAILORS AND SAILOR BOARDING HOUSES.

ARTICLE I.

GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND OBSTRUC TIONS THEREIN.

§ 2348. What waters are public ways.

2349. Certain streams and waters déclared navigable, and are public ways.

$2350. Penalty for felling trees into public waters.

$ 2351.

Napa creek declared navigable.

2348. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation.

Navigable waters-frontages on, subject to right of eminent domain, Const. Cal. 1879, art. 15, § 1; prohibition against obstruction, Const. Cal. 1879, art. 15, § 2.

Navigable stream-obstructing is misdemeanor, Penal Code, § 612; obstruction must be shown to be unreasonable, in action to abate it as a nuisance, 50 Cal. 129.

Capacity to transport-products of the country, as test of navigability, 6 Cal. 446.

Bridges-across navigable streams and other waters, Stats. 1881, p. 78. Towpaths-along banks of navigable streams, authorized, Stats. 1872, p. 940.

Public way-All that part of a bay or river below low water or low tide, held public highway in 1 Cal. 468.

2349. The following streams and waters are declared public ways:

So much of a slough as lies between Simon's Canal, in the Town of Alviso, and the Bay of San Francisco.

Petaluma River, from its mouth to a distance one-third of one mile above Washington street, in the City of Petaluma. The Sonoma River, between its mouth and a point opposite Fowler's Hotel, in the Town of San Luis.

The Napa River, between its mouth and the toll bridge. The Suisun River, between its mouth and the Town of Suisun embarcadero.

The Sacramento River, between its mouth and the mouth of Middle Creek.

Feather River, between its mouth and a point fifty feet below the bridge crossing Feather River first above the mouth of the Yuba River.

The Yuba River, between its mouth and a point at the mouth of the slough at the foot of F street, in the City of Marysville. The San Joaquin River, between its mouth and Sycamore Point.

The Stockton Slough, between its mouth and the west line of El Dorado street, in Stockton.

The Mokelumne River, between its mouth and the first falls.

The Tuolumne River, between its mouth and Dickinson's Ferry.

Deer Creek, between the house of Peter Lassen and its mouth.

Big River, three miles from its mouth.

Noyo River, three miles from its mouth.
Albion River, three miles from its mouth.

San Antonio Creek, in the County of Alameda, from its mouth to the old embarcadero of San Antonio.

The Arroyo del Medo, in the County of Santa Clara, from its mouth to the upper line of the Town of New Haven.

Mission Creek, in the County of San Francisco.

Islais Creek, in the County of San Francisco, from Franconia Landing, near Bay View Turnpike, to its outlet into the Bay of San Francisco, and thence easterly along the southerly line of Tulare street to the city water front on Massachusetts street, of the width of the channel of said creek.

That portion of Channel street, in the City of San Francisco, and lying east of and between the easterly line of Harrison street and the water front of the Bay of San Francisco, the width thereof to be sixty feet from Harrison to the northeasterly line of Seventh street, and one hundred and forty feet from the northeasterly line of Seventh street to the city front.

That certain creek running through tide land survey numbered sixty-eight, and swamp and overflowed land survey numbered one hundred and forty-five, from its mouth to the head of tide water therein.

San Leandro Creek, from its mouth at San Francisco Bay to Andrews' Landing.

San Lorenzo Creek, from its mouth at San Francisco Bay to Roberts' Landing.

Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Landing.

The north branch of Alameda Creek, from its mouth to Eden Landing.

San Rafael and Corte Madera Creeks, in Marin County, from their mouths as far up as tide water flows therein.

The Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks.

Diablo Creek, from its junction with the Neuces to a point opposite the warehouse of Frank Such, in Contra Costa County.

The Arroyo de San Antonio, or Keys Creek, in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys' embarcadero.

All the streams and sloughs emptying into Elk River, and all streams and sloughs south of Eureka, in Humboldt County,

which are now or at any time have been used for the purpose of floating logs of timber, and all the sloughs south of Humboldt Point, in said county, that at high water have a depth of two feet of water and wide enough to float and admit a boat carrying five tons or more freight.

Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer's Landing.

Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth as far up as tide water flows.

Basis of section-Stats. 1852, pp. 182, 223; 1854, p. 18; 1858, p. 127; 1860. pp. 126, 159, 257; 1861, pp. 49, 274; 1868, pp. 355, 356, 436, 680; 1870, pp. 663, 721. Other streams and waters declared navigable-Alameda County, creek in Washington Township of, Stats. 1872, p. 307, Alameda creek in, declared navigable stream, and removal of obstructions therefrom provided for, Stats. 1874, p. 308. Del Norte County, Lake Earl in, Stats. 1874, p. 59; Smith river in, Stats. 1878, p. 799. Klamath river, Stats. 1880, p. 402 or 136. Lake County, Clear lake in, Stats. 1878, p. 630. Marin County, Arroyo de San Antonio, or Keyes creek (amdt. of statute on which provision in section founded), Stats. 1874, p. 564; Gallinas or Guyanas slough or creek, Stats. 1876, p. 485. Mokelumne river, Stats. 1880. p. 115 or 22. Monterey County, Moro Caja slough in, Stats. 1874, p. 790. Napa creeks, see § 2351; San Joaquin river and Stockton slough, Stats. 1872, p. 117. Sonoma County, Sonoma river in, Stats. 1878, p. 72.

Obstruction of river-declared navigable stream by Act prohibiting erection of a dam or bridge upon it, could not be authorized by Court, in violation of permissive clause of statute, 4 Cal. 181.

2350. Whoever cuts or causes to be cut down any tree, so that it falls into any stream or other waters declared by statute to be a public way, and does not remove it therefrom within twenty-four hours thereafter, is liable to a penalty of five dollars for each tree.

Malicious injuries to public highways-private ways, and bridges upon either, punishment for, Penal Code, § 588.

Causing obstruction to harbor-by throwing ballast overboard, or otherwise, is misdemeanor, Penal Code, § 613.

2351. The streams known as First Napa Creek, Second Napa Creek, and Third Napa Creek, in the County of Sonoma, and between the Napa and Sonoma Rivers, in the County of Sonoma, are hereby declared navigable waters of the State, in pursuance of Title Sixth. Chapter One, Article One, of Part Three, of said Code. [Approved March 26, 1878.]