streams declared San Rafael and Corte Madera Creeks, in Marin County, Certain from their mouths as far up as tide water flows therein; and waters The Neuces Creek, from its mouth at Suisun Bay to a navigable, point one half mile above the warehouse of George P. public 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. NOTE. This section is based upon Stats. 1861, p. 274; 1852, p. 182; 1852, p. 223; 1854, p. 18; 1867-8, p. 356; 1867-8, p. 355; 1867-8, p. 486; 1867-8, p. 680; 1870, p. 721; 1870, p. 663; 1858, p. 127; 1860, p. 126; 1860, p. 159; 1860, p. 257; 1861, p. 49. SEC. 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. and are ways. Steamers meeting. Landing and receiving passengers by small boat. Lines used for landing not to be ARTICLE II. NAVIGATION. SECTION 2360. Steamers meeting. 2361. Landing and receiving passengers by small boat. 2362. Lines used for landing not to be drawn by machinery. 2363. The engine to be stopped. 2364. Boats, oars, and signals. 2365. Steamers overtaking. 2366. Steamers to carry signals at night. 2367. Penalties, what amount. 2368. Vessels at anchor to show lights. 2369. No recovery for collision in case of neglect. 2370. Rafts on the Sacramento and San Joaquin Rivers. 2371. Vessels to carry what boats. 2372. Penalty, what amount. 2373. Racing, penalty for. 2374. Steamboats to wear spark catchers. 2375. Inspectors to supervise and direct spark catchers. 2377. Neglect of duty and penalty therefor. 2378. Owner liable for master's or engineer's penalties. SEC. 2360. When steamers meet each must turn to the right, so as to pass without interference. SEC. 2361. When a passenger is to be landed from a steamer by means of a small boat he must not be suffered to get into it until it is completely afloat and wholly disengaged from the steamer except by the painter. SEC. 2362. No line used for the purpose of landing or receiving passengers must be attached in any way to the machinery. machinery of any steamer, nor must the small boat used for such purpose be hauled in by means of such machinery. drawn by The engine to be stopped. Boats, oars, and signals. SEC. 2363. During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine must be stopped, and must not be put in motion except to give sufficient force to keep the steamer in a proper direction and safe position. SEC. 2364. In every small boat there must be kept a good and suitable pair of oars; and in the nighttime a signal, by means of a horn or trumpet, must be given to the steamer from the small boat, when having landed or received its passengers, it is ready to leave the shore. SEC. 2365. A steamer going in the same direction with Steamers overtaking. another steamer ahead of it must not approach or pass the other within the distance of ten yards; and the steamer ahead must not be so navigated as unnecessarily to bring it within ten yards of the steamer following. to carry night. SEC. 2366. When any steamer is running in the night- Steamers time her master must cause her to carry two conspicuous signals at lights; one exposed near her bow and the other near her stern; the latter must be at least twenty feet above her deck. what SEC. 2367. Every master or other person in charge Penalties, who violates any of the provisions of the preceding seven amount. sections incurs a penalty of two hundred and fifty dollars for each offence. at anchor lights. SEC. 2368. When any vessel is at anchor in the night- Vessels time in any of the harbors or ports within the jurisdic- to show tion of this State, the master or other person at the time in the charge of the vessel must cause a conspicuous light shown in her rigging at least twenty feet above her deck, and another light from her taffrail, under penalty of fifty dollars for every neglect. SEC. 2369. Neither the master or owner of any vessel can recover damages for injuries to the same or to himself by a collision growing out of a non-compliance upon its part with the provisions of the preceding six sections. SEC. 2370. Every raft of timber floated on the Sacramento or San Joaquin Rivers at night must show two red lights, one at each end, and at least ten feet above the upper logs or plank of such raft, under penalty of fifty dollars for every neglect. No recovcollision in neglect. ery for case of Vessels to carry what SEC. 2371. Every vessel propelled by steam navigating any waters of this State and carrying passengers must boats. be provided with boats, as follows: Penalty, what amount. Racing, penalty for. Steamboats to wear spark catchers, Inspectors to supervise and direct spark catchers. Compensa tion of 1. If of five hundred tons measurement, one first-class life boat; one row boat, twenty-five feet long by seven wide, capable of carrying fifty persons each, and at least one other good row boat; 2. If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary row boats; 3. If of less than two hundred and fifty tons burden, at least one small row boat. All which boats must be attached in such manner that they can be launched at any time for immediate use. SEC. 2372. The master and owners, and each of them, of any vessel not provided with boats as required in the preceding section, are subject to a penalty of not exceed ing two hundred and fifty dollars. SEC. 2373. If the master or other person in charge of a steamer navigating any of the waters of this State and used for the conveyance of passengers, or if the engineer or other person in charge of the boiler or other apparatus for the generation of steam does, for the purpose of increasing speed or excelling any other vessel in speed, suffer to be created an undue or an unsafe quantity of steam, he is subject to a penalty of five hundred dollars. SEC. 2374. All high pressure steamboats navigating the Sacramento and San Joaquin Rivers, or any of their tributaries above the mouth of the San Joaquin River or the City of Sacramento, must have securely attached to their chimneys metal bonnets or spark catchers. Stats. 1857, p. 149, Sec. 1. SEC. 2375. All such bonnets or spark catchers must be constructed under the direction and supervision of the United States Inspectors of Steamboats for the District of San Francisco. Stats. 1857, p. 149, Sec. 2. SEC. 2376. For each bonnet or spark catcher worn by Inspectors. any steamboat inspected or constructed under the direction of and certified to by the Inspector, he may receive from the owner thereof ten dollars, as a compensation for his services for such direction, supervision, or inspection and certificate. Stats. 1857, p. 149, Sec. 4. Neglect of duty and therefor. SEC. 2377. Every owner or master who navigates a steamboat without bonnets or spark catchers inspected penalty and attached as required by the preceding three sections, is subject to a penalty of twenty dollars for each day he navigates his boat without the same. The owner of such boat is further liable for all damage done by reason of such neglect. Stats. 1857, p. 150, Sec. 5. Owner liable for master's or engineer's SEC. 2378. The owners of every steamboat are responsible for the good conduct of the master or other person in charge employed by them, and they are jointly and penalties. severally liable for any penalty incurred by the master, engineer, or other person in charge, which cannot be collected from him by due course of law, as if they were his sureties. Stats. 1857, p. 150, Secs. 5, 6. how SEC. 2379. The penalties given by this Article may be Penalties, recovered by the District Attorney of any county border- recovered. ing on the water where the offence was committed or the penalty incurred, to whom notice is first given, and when recovered are to be equally divided between the Common School and Indigent Sick Fund of the county whose District Attorney recovers the same. Any judgment recovered hereunder is a lien on the vessel against whose owners or master it is recovered. Stats. 1857, p. 150, Secs. 6, 7, 8. ARTICLE III. FLOATING LUMBER. SECTION 2389. Definition of lumber. 2390. Owner may reclaim lumber. 2391. If not taken away to be turned over to Sheriff. 2392. Application of proceeds when sold. 2393. Subsequent disposition of proceeds. |