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What to be used for docks, etc.

Not to use slips, and must lay out street.

What

devoted to public use.

SEC. 2535. All of the spaces bounded by the water front and a line parallel thereto and six hundred feet therefrom in the bay, and lines running from the termination of the lines of the streets and in a straight course with the lines to the line in the bay six hundred feet from the water front, must be used solely and exclusively for docks, quays, landing places, and thoroughfares forever, and the spaces are hereby dedicated to such uses forever. All the streets of the City and County of San Francisco lying along the water front must be extended to a uniform width of one hundred and fifty feet, the outer half of which must be constructed or built and maintained in good repair by the State Harbor Commissioners, 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 must 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.

SEC. 2536. The Commissioners must not construct any works in the slips between the streets extending beyond the line of the streets as defined in the preceding section, except such as may be necessary for ferry uses. A street must be laid out and constructed along the water front from market to Pacific streets, which must 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 State, approved March twenty-sixth, eighteen hundred and fifty-one."

SEC. 2537. All the space inside or westerly of the 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 must forever continue open to common public use as a street or thoroughfare.

SEC. 2538. The Commissioners must make out and file with the Surveyor of the City and County of San Francisco an accurate plat of survey, showing the location and lines of the streets along the water front, as the same are extended, established, and defined in this Arti cle, unless the same has been heretofore done.

Stats. 1853-4, p. 144, Sec. 8.

SEC. 2539. The Commissioners must, from time to time, fix the rate of tolls, wharfage, and dockage, to be collected in gold and silver coin of the United States, which wharfage must not at any time exceed twenty cents per ton on merchandise landed upon 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, which dockage must neither be increased nor diminished more than twenty-five per cent from the present rates.

Stats. 1863-4, p. 144, Sec. 9.

To make and file

map.

Commis

sioners to

fix tolls.

to be a lien

SEC. 2540. No greater amount of money must in the Wharfage 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 toll must ever be collected on pedestrians, or upon any baggage or package they carry. The charge of wharfage is 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, their agents or lessees, may hold possession of goods, wares, or mer

All Commissioners to sign

contracts.

Report of Commissioners.

Secretary

to estimate surplus fund.

chandise landed as aforesaid, as security for the payment of wharfage.

Stats. 1863-4, p. 144, Sec. 9.

SEC. 2541. No contract or obligation entered into by the Commissioners which creates a liability or authorizes the payment of money is valid and of binding force unless the same is signed by all three Commissioners, and countersigned by the Secretary of the Board; and no obligation or contract of any kind whatsoever involving an expenditure of money is ever to 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. The Commissioners may, 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 Article, pledge the revenue of such work for and during a period not exceeding three years from the date of such

contract.

Stats. 1863-4, p. 145, Sec. 10.

SEC. 2542. The Commissioners must on or before the first day of August, in the year eighteen hundred and seventy-two, and every year thereafter, make to the Governor a full report of all moneys by them received and disbursements made, stating specifically for what the same was received, and for what purpose the same was expended, and give an account of all improvements made. and the general condition of the property under their charge.

Stats. 1863, p. 412, Sec. 13; 1870, p. 333, Sec. 1.

SEC. 2543. The Secretary must estimate the surplus money growing out of the revenues from the wharves over and above the requirements of the first four subdivisions of section two thousand five hundred and twentyfour, and when such surplus is ascertained, the same must be set apart by the State Treasurer as a special Fund, to be called the "San Francisco Harbor Protection Fund," to be used exclusively in the building and con

struction of such sea wall along the line of the water front of the city and county as may, upon accurate survey, be found necessary for the protection and security of the harbor and water front thereof.

Stats. 1863, p. 412, Sec. 13.

SEC. 2544. The Commissioners must cause surveys and estimates to be made for the construction of a sea wall, and the expenses of such surveys and the cost of constructing the sea wall must be paid out of the Harbor Protection Fund. The sea wall must be constructed by contract, in sections of not more than two blocks in one contract, and all contracts for that purpose must be made in accordance with the provisions of section two thousand five hundred and forty-one of this Article.

Stats. 1863, p. 412, Sec. 14.

SEC. 2545. If any Commissioner or the Secretary of the Board absents himself from the State for a space of sixty days his office is vacated.

Stats. 1863, p. 413, Sec. 15.

Erection of

sea wall.

Vacancies.

SEC. 2546. The Attorney General of the State must give such legal advice and render such legal services as Duty of may from time to time be required of him by the Commissioners in connection with their duties.

Stats. 1863, p. 413, Sec. 16.

Attorney
General.

SEC. 2547. The salary of each Commissioner is two hundred and fifty dollars per month, and of the Secretary two hundred dollars per month, and is payable monthly sioners and out of any moneys collected under this Article.

Salaries of

Commis

Secretary.

Stats. 1863-4, p. 145, Sec. 12.

SEC. 2548. No person is eligible to any office under this Article unless he has been a resident and citizen of of officers.

Eligibility

this State at least two years next preceding the time of

his election or appointment.

Stats. 1863, p. 413, Sec. 18.

SEC. 2549. Should any personal injury or loss of prop

Lessees of wharves.

Dredging

docks not leased.

Commis

sioners may employ counsel.

To appoint
Engineer to

sea wall.

erty 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 lessees thereof in any Court of competent jurisdiction; and the lessees are responsible on the bonds given to the State Harbor Commissioners for the faithful performance of their contract, and for all judgments obtained against them for losses or injuries sustained in consequence of such neglect.

NOTE.-Section twenty of the original Act of 1863-4,

p. 145, is omitted. It being a prohibition and penalty, is placed in the Penal Code.

SEC. 2550. Whenever in this Article authority is given to dredge docks, repair wharves, or make other improvements, it applies only to such wharves, docks, or other improvements as are not leased as provided for in section. two thousand five hundred and twenty-six.

Stats. 1863, p. 413, Sec. 21.

SEC. 2551. The Board may, with the advice and consent of the Attorney General, employ counsel in the prosecution and defence of all suits and other matters in which it requires legal assistance and advice, and pay the necessary and proper expense thereof, not exceeding three thousand dollars per annum, in the same manner as their other expenses are paid.

Stats. 1863-4, p. 260, Sec. 1.

SEC. 2552. The Board may appoint a competent civil superintond engineer to superintend the construction of the sea wall along the water front of the City of San Francisco, at a salary not to exceed four thousand dollars per annum, payable monthly in the same manner as is now provided by law for the payment of the salaries of the Commissioners and Secretary, whose appointment continues during the pleasure of the Board.

Appoint Assistant Secretary.

Stats. 1867, p. 217, Sec. 1.

SEC. 2553. The Board may employ an Assistant Secretary, who must give an official bond in the sum of five thousand dollars, with two or more suretics, to be

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