To keep open record. Surveys, and what same must set forth. May call assistance, but no charge therefor. age, and cargo of all vessels laden with general or assorted merchandise belonging or consigned to various parties. SEC. 2504. They must keep in a book provided for such purpose a record of all surveys, signed by the Warden making the survey, at all times open for inspection by any person interested in the vessel or cargo surveyed, of which all persons requiring them must be furnished with copies certified under the hand of the Warden or one of the Board of Wardens and scal of the Board, on payment of the fee therefor. SEC. 2505. In all surveys made by a Port Warden he must set forth clearly and fully the nature of the damage; if of merchandise, whether from actual contact with sea water or through the excess of water in the hold of the vessel, or from the humidity or sweat of the hold, bad stowage, or from such other cause which in his judgment the damage has been occasioned by. If the survey is of a damaged vessel he must give a full account of all the loss and injury which she has sustained, and recommend the repairs. He must state the value of the vessel in her damaged condition, and also the value of the repairs recommended necessary to be made upon her, setting forth what parts are to be supplied anew and what parts to be put in repair. SEC. 2506. Whenever a Port Warden deems it necessary he may call to his assistance, on a survey, a ship carpenter, rigger, sailmaker, or other person practically acquainted with the merchandise to be surveyed or parts of the vessel to be repaired, who must be sworn to examine properly and to render with the Warden a correct and faithful report of the surveys. No additional charge must be made therefor to the vessel unless their survey is required by the owner or agent thereof. SEC. 2507. All wrecked or damaged vessels, or materials from the same, and all merchandise sold at public auction for account of underwriters residing abroad, wrecks, vessels, and merchan dise for forwriters. eign under when required by any party having an interest in the Sales of same, or for account of whom it may concern, or upon which claims are to be made against underwriters residing abroad, must be sold under the inspection of a Warden of the port where such sale is made. And the Warden must separate sound goods from those damaged, and certify specially the nature, and, as far as can be done, the extent of such damage. No Port Warden has authority to sell or dispose of any property that may have been surveyed by him without the consent of the owner or agent of the same; nor when the settlement of losses has. been agreed upon in writing by the parties interested and a copy thereof given to the Warden. SEC. 2508. In case sales are made at auction under the direction of the Port Warden, he must give at least three days notice of the same by publication in some newspaper published in the county where the survey is made, describing the articles to be sold; and if merchandise, the vessel by which imported; and if a wrecked or damaged vessel or materials of the same, the name of the vessel and where from. If no newspaper is published in the place where the sale is made, then a written notice of such sale must be posted up in the vicinity. Notice of sale, how given. not to be with SEC. 2509. No Port Warden must, either directly or Wardens indirectly, have any connection with insurers of this connected State, or of any other of the States, or of foreign coun- insurance. tries, or with the agents or representatives of such insurers, so far as his duties as Port Warden are concerned. He must not in any manner be interested, directly or indirectly, in any repairs he may recommend, nor in any vessel, cargo, or portion of cargo he may be required to survey. surveys and SEC. 2510. For each and every survey the Port War- Fees for den is entitled to fifteen dollars, to be paid by the owners, certificatos. masters, or consignees, the amount not to exceed altogether for any one vessel the sum of seventy-five dollars. Foreign vessels, not admitted by treaty on terms. of equality with American bottoms, must pay fifty per Penalty for any one to who is not a Port Warden. cent advance on this rate. For all separate certificates of surveys required by different consignees he is entitled to a fee of two dollars and a half, and for each order of sale he is entitled to ten dollars. SEC. 2511. No person other than a Port Warden, act as such appointed according to law, must perform any of the duties of such officer prescribed in this Article; and one who does is liable to a penalty of not less than five hundred dollars nor more than one thousand dollars for each offence, to be recovered in any Court of competent jurisdiction by the Warden or Board of Port Wardens, in the name of the people of the State of California. Stats. 1853, p. 44. ARTICLE IX. SAN FRANCISCO HARBOR AND STATE HARBOR COMMISSIONERS. SECTION 2521. Commissioners to give bonds. 2522. San Francisco water front, and duties of Commissioners. 2523. Further duties of Commissioners. 2524. The purposes for which the Board hold this property. 2525. Secretary of the Board. Bond and duties of. 2526. The Board to lease wharves. Advertise terms. 2527. Provide for collecting revenue. 2528. Office, powers, and duties of Board. 2529. Revenue to be paid into State Treasury, and how drawn. 2530. To report to Controller of State. 2531. Duty of State Treasurer. 2532. Provision for improvements. Advertise for proposals. 2533. Open bids and award contracts. 2534. Commencement and extent of wharves. 2535. What to be used for docks, etc. 2536. Not to use slips and must lay out street. 2537. What devoted to public use. 2538. To make and file map. 2539. Commissioners to fix tolls. 2540. Wharfage to be a lien. 2541. All Commissioners to sign contracts. 2542. Report of Commissioners. 2543. Secretary to estimate surplus fund. 2544. Erection of sea wall. SECTION 2545. Vacancies. 2546. Duty of Attorney General. 2547. Salaries of Commissioners and Secretary. 2548. Eligibility of officers. 2549. Lessees of wharves. 2550. Dredging docks not leased. 2551. Commissioners may employ counsel. 2552. To appoint Engineer to superintend sea wall. 2554. Office rooms. SEC. 2521. Each member of the Board of State Harbor Commissioners must give to the State of California a bond in the sum of fifty thousand dollars, with two or more sufficient sureties, conditioned for the faithful performance of the duties required of him under this Article, which bond must be approved by the Governor and State Treasurer, by writing indorsed thereon. The Commissioners must not be sureties for each other, nor must any State officer or member of the Legislature be accepted as surety on their official bonds. Stats. 1863, p. 406, Sec. 1; 1863-4, p. 138, Sec. 1. SEC. 2522. They have possession of all that portion of the bay of San Francisco along the water front of the City and County of San Francisco and adjacent thereto, to the distance of six hundred feet into the waters of the bay, from the line of the water front, as defined by an Act of the Legislature of this State, approved March twenty-sixth, eighteen hundred and fiftyone, together with all the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith or in anywise appertaining thereto, excepting such portions of the water front as are held under valid leases; and must also take possession and have control of any and all such portions of the water front, with the improvements, rights, privileges, franchises, easements, and appurtenances as are held under valid leases, if any exist, as soon as the leases respectively expire' or become void. Same, Sec. 2. Further duties of Commissioners. The purposes for which the Board hold this property. SEC. 2523. They must investigate and ascertain by what authority any portion of the water front is possessed and held by persons adversely to the possession of the State, and must publish the result of their investigations in one of the newspapers printed and having the largest circulation in the City and County of San Francisco; and if any person in the possession of any portion of the water front, holding the same adversely to the State, when required by the Commissioners to make known to them the authority by virtue of which he claims to hold such possession, refuses or neglects to make the same known, the Commissioners must institute the proceedings necessary to discover and determine the nature of such authority; and the costs of such proceedings must be paid and recovered from the person in such adverse possession and so refusing. The Commissioners may institute actions for the possession of any portion of the water front, or of any wharf or other right, privilege, franchise, rent, or wharfage thereof; for breach of any lease or contract made with them as such Commissioners, or for the removal of obstructions and abatement of any and all nuisances on the water front mentioned in this Article, and to prosecute the same to final judg ment. Stats. 1863-4, p. 139, Sec. 2; 1863, p. 407, Sec. 2. SEC. 2524. The Commissioners have possession and control of the water front, with the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith or in anywise appertaining thereto, for the following purposes and uses: 1. To keep in good repair all the sea walls, embankments, wharves, piers, landings, and thoroughfares for the accommodation and benefit of commerce; 2. 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 the wharves and piers; 3. To construct such new wharves, piers, landings, and thoroughfares as the wants of commerce may require; 4. To construct all works necessary for the protection |