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tion of the property, and of every bale, box, case, piece, or parcel thereof, and of the marks, brands, letters, and figures on each, and stating where the same then is and its actual condition, and the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition.

notice.

SEC. 2418. The expense of publishing notices under Expense of the provisions of this Chapter is a charge upon the property or proceeds to which it relates.

NOTE. This Article is based upon an Act concerning wrecks and wrecked property. (Stats. 1850, p. 173.) The language has been materially modified, and some slight changes have been made in the substance. The penal provisions of the Act have been placed in the Penal Code.

ARTICLE V.

PILOTS AND PILOT COMMISSIONERS.

SECTION 2428. Qualifications of pilots.
2429. Commissions and license.

2430. Pilots to take official oath and give bond.
2431. Certain vessels exempt from pilotage.

2432. Vessel, owner, etc., liable for pilotage.

2433. Owners to compensate pilots for loss.

2434. Pilot to show commission or license, when.

2435. Pilots carried to sea or detained.

2436. Pilots for ports other than San Francisco, Mare Island,
Benicia, and Humboldt Bay.

2437. Further duties of pilots.

2438. Violating regulations.

2439. Piloting vessels without license.

2440. Pilot Commissioners for San Francisco, Mare Island,

and Benicia, how appointed.

2441. Pilot Commissioners for Humboldt Bay and Bar, how
appointed.

2442. Term of office.

2443. Boards to organize, and meetings.

2444. Powers of President.

2445. Powers of the Boards.

2446. Secretaries of Boards, and records.

2447. Not to be interested in pilot boats.

SEC. 2428. No person must be appointed a pilot unless

Qualifications of pilots.

Commissions and license.

Pilots to

take off cial oath and

give bond.

Certain

Vessels exempt from pilotage.

Vessol,

owner. etc., liable for pilotage.

he is an American citizen, over the age of twenty-one years, with a practical knowledge of the management of sailing vessels and steamboats, and of the tides, soundings, bearings, and distances of the several shoals, bars, rocks, points of land, lighthouses, and fog signals of the ports and harbors for which he is appointed, of good moral character, and temperate, with the skill and ability necessary to discharge the duties of pilot.

Stats. 1850, p. 46; 1870, p. 344, Sec. 8; 1860, p. 74.

SEC. 2429. Pilots appointed by Commissioners must be carefully examined as to their qualifications, and if found to be qualified and worthy, must receive licenses as pilots. for the term of twelve months. Whenever the Commissioners have cause for withholding a renewal of such license, notice thereof must be given to such pilot by the Commissioners ten days prior to the expiration of his license.

SEC. 2430.

Stats. 1850, p. 46, Sec. 8; 1860, p. 74, Sec. 7; 1870, p. 344, Sec. 8.

Every pilot must execute an official bond in the sum of five thousand dollars, to be approved by the officer or Board appointing him. The bonds of pilots appointed by Commissioners must be filed with such Commissioners.

Stats. 1850, p. 46, Sec. 2; 1860, p. 74, Sec. 8; 1870, p. 344, Sec. 9.

SEC. 2431. All vessels coasting betwen San Francisco and any port in Oregon, or in Washington or Alaska Territories, and all vessels coasting between ports of this State, are exempt from all charges for pilotage unless a pilot is actually employed. A steamtug pilot boat is in no case allowed to charge for pilotage or towage unless the service of such boat is actually accepted.

Stats. 1870, p. 349.

SEC. 2432. All vessels, their tackle, apparel, and furniture, and the master and owners thereof, are jointly and severally liable for pilotage fees, to be recovered in any Court of competent jurisdiction.

Stats. 1870, p. 349, Sec. 22.

SEC. 2433. If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or damage in his boats, sails, tackle, rigging, or appurtenances, the master, owner, or consignee of such vessel must pay the value of such loss or damage, to be ascertained by the Commissioners.

Stats. 1860, p. 78, Sec. 33.

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Pilot to

show com

mission or

license,

SEC. 2434. Every pilot, on boarding a vessel, when required by the master thereof, must exhibit his commission or license as pilot. A refusal so to do subjects when. him to a forfeiture of his commission or license, and to a recovery of fifty dollars on his bond in a suit instituted for that purpose by the authority appointing him.

Stats. 1870, p. 344, Sec. 23; 1860, p. 74, Sec. 19.

ried to sea or detained,

SEC. 2435. Every pilot carried to sea against his will, Pilots caror unnecessarily detained on board of a vessel when a pilot boat is in attendance to receive him, is entitled. to receive the sum of eight dollars per day while necessarily absent or detained, not to exceed in the aggregate the sum of one thousand dollars in any one case, which sum may be recovered by action against the master or owner of the vessel so taking him away.

Stats. 1850, p. 46, Sec. 7; 1860, p. 74, Sec. 28; 1870,

p. 344, Sec. 18; 1860, p. 77, Sec. 26.

SEC. 2436. Pilots for all the ports in this State, other than San Francisco, Mare Island, Benicia, and Humboldt

Bay, are governed by the following regulations:

Pilots for ports other than San Francisco, Mare Island,

and Humboldt Bay.

1. They must keep, for the purpose of piloting, at least Benicia, one boat for every six pilots, in good condition and seaworthy, sufficiently large to cruise in heavy weather, to be exclusively used as a pilot boat;

2. They must cruise at least ten marine miles seaward from the headlands at the entrance of the port;

3. They shall receive for piloting every vessel into or out of port the sum of eight dollars per foot draught; 4. When the person commanding any vessel refuses to

Further duties of

pilots.

Violating regulations.

Piloting vessels without license.

Pilot Commissioners for San Francisco, Mare

Island, and Benicia, how

take a pilot, the pilot first offering his services is entitled to half pilotage;

5. For incompetency, neglect of duty, or other good cause, the Governor may suspend or remove any pilot appointed by him;

6. They must strictly observe and obey all legally established quarantine regulations.

Stats. 1850, p. 46, Sec. 3.

SEC. 2437. When cruising off or standing out to sea, pilots must go to a vessel nearest to shore or in the most distress, under a penalty of one hundred dollars; for refusing to go on board a vessel when required, a like penalty of one hundred dollars may be imposed; in either case, upon conviction, the pilot may be suspended or expelled, at the discretion of the Commissioners.

Stats. 1860, p. 78, Sec. 33.

SEC. 2438. For every violation of the duties and regulations herein specified, the pilot so violating is liable on his official bond to the party aggrieved to the amount of the damages sustained.

SEC. 2439. Any person not the master or owner, and not holding a commission or license as a pilot, who pilots any vessel into or out of any harbor or port of this State for which there are commissioned or licensed pilots, must be punished therefor as provided in the Penal Code, section three hundred and seventy-nine, and must pay to the pilot entitled to pilot such vessel the amount of pilotage or towage collected by him.

Stats, 1870, p. 345, Sec. 17; 1860, p. 77, Sec. 11.

SEC. 2440. There must be appointed by the Governor, by and with the advice of the Senate, three experienced and competent shipmasters or nautical men, citizens of the United States and resident in either of the Cities of appointed. San Francisco, Oakland, Vallejo, or Benicia, or of the Towns of Brooklyn or Alameda, a Board of Pilot Commissioners for the ports of San Francisco, Mare Island, and Benicia.

Stats. 1870, p. 344, Secs. 1-23.

Pilot Com

missioners

for Humand Bar,

boldt Bay

how

SEC. 2441. There must be appointed by the Governor three Pilot Commissioners for Humboldt Bay and Bar. Two of the persons so appointed must be resident business men and the other a shipmaster or nautical man, appointed. and a resident of Eureka, Humboldt County, who must constitute a Board of Pilot Commissioners for Humboldt Bay and Bar.

Stats. 1860, p. 74.

office.

SEC. 2442. The Commissioners hold their offices during Term of the pleasure of the power appointing them, not exceeding four years from the date of their commissions.

Stats. 1870, p. 344, Sec. 3; 1860, p. 74, Sec. 2.

organize,

SEC. 2443. The Commissioners must organize as Boards Boards to respectively by the election of Presidents, Secretaries, and "meetings. and Treasurers. They must provide for themselves offices, in which they must meet as follows: The "San Francisco Board" must meet once a month in the City of San Francisco, and the "Humboldt Board" must meet at Eureka on the first Mondays in January, April, July, and October.

Stats. 1860, p. 75, Sec. 3; 1870, p. 345, Sec. 4.

SEC. 2444. The President of each Board is authorized to administer oaths in regard to any matter properly before it and to issue subpoenas in like cases for witnesses. A witness disobeying such subpoena served on him must pay to the Board one hundred dollars, for which judgment may be recovered by the President in a civil action.

Stats. 1870, p. 345, Sec. 4.

Powers of
President.

the Boards.

SEC. 2445. Each Board must make by-laws and rules Powers of for the government of pilots appointed by it; and may adjourn their regular meetings from time to time. The Humboldt Board must hold a special meeting on notice of one member, published in a newspaper in Humboldt County five days prior to the proposed meeting. Each Board may appoint a Secretary and fix his compensation, not to exceed the sum of two hundred and fifty dollars

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