more than the following rates: For boats over twenty-two feet and under forty feet long, one dollar per week; for boats from sixteen to twenty-two feet long, seventy-five cents per week, and for all boats less than sixteen feet long, twentyfive cents per week. The commissioners may assign suitable places for the landing of horses, cattle, sheep, and swine, and when such places have been assigned it shall be a misdemeanor for a commander of any water-craft to land any greater number than ten at any one time from any water-craft at any other place. The commissioners may set apart for the uses and purposes of drydocks and marine railways such portions of the water-front north-westerly of the northerly end of Kearny street, and southerly of the easterly end of Solano street, as the wants of commerce may require, and lease the same for a period not to exceed ten years. When the commissioners lease premises for marine railways and dry-dock purposes, as provided in this section, they shall advertise for sealed proposals, for a period of not less than ten nor more than twenty days, in one of the daily newspapers of the largest circulation, printed in the city and county of San Francisco, which advertisements shall contain a description of the premises to be leased. On the day named in the advertisement, the commissioners shall open the bids in the presence of such of the bidders as are present, and award the premises to be leased to the highest responsible bidder that shall furnish sufficient sureties to guarantee the payment of the rent, and may negotiate for and accept and cancel any lease of any portion of the premises described in this article, and pay a reasonable compensation for any structures upon any such leased premises as in the opinion of the board and engineer may be useful for such commercial purposes as this article is intended to promote. No person or company shall, without the consent of the board of state harbor commissioners, land or remove any goods, wares, or merchandise, or other thing, upon or from any wharf, pier, quay, landing, or thoroughfare, situate upon the premises described in this article, unless authorized to do so by virtue of valid lease; nor shall any person collect dockage, wharfage, cranage, rent, or toll, within the boundaries of the premises described in this article, except by virtue of valid leases, without first obtaining permission to do so from said commissioners; nor shall any person or company place or caused to be placed any obstructions in that portion of the bay of San Francisco described in this article, nor upon any wharf, pier, quay, landing, or thoroughfare, without the consent of the board. Whenever any wharf, pier, quay, landing, or thoroughfare, in the harbor of San Francisco, shall be incumbered, or their free use interfered with, by goods, wares, merchandise, or other substance, whether loose or built upon, or fixed to any such wharf, pier, quay, landing, or thoroughfare, it shall be the duty of the commissioners to notify, in writing (which notice may be served by a wharfinger or by the secretary or assistant secretary of the board), the owner, agent, occupant, or person, placing or keeping such obstructions thereon, to remove the same within twenty-four hours after the serving of such notice, and in case of failure to comply with such notice, and remove such obstructions, the owner, agent, occupant, or person so notified shall be liable to pay the commissioners the sum of twenty-five dollars for each and every day during which such obstructions shall remain upon any such wharf, pier, quay, landing, or thoroughfare; and the commissioners shall have power, in their discretion, to remove any such incumbering substance and store the same in any suitable, convenient, and safe place, and a sum equal to the amount of the expenses of the removal, together with all other necessary charges, shall be paid by the owner of such incumbering substance to the commissioners, and such sum and necessary charges shall be a lien on such substance until paid. The rates of dockage, wharfage, and tolls, shall not exceed those established by the board of state harbor commissioners July first, eighteen hundred and seventy-four, and dockage shall not be collected on any vessel lying at anchor outside of dock, wharf, or slip. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] Collection of wharfage.—The harbor commissioners sought to collect wharfage from the San Francisco Gas Company for merchandise landed at an isolated projection, approachable, except by water-craft, only from private property in the rear. The court quote from sections 2524 and 2525, and say: "Section 2524 refers to 'streets' which are thoroughfares,' and not to streets covered by water, roadsteads, or otherwise. The authority conferred on the board is to permit the use of the streets for loading and landing merchandise (charging wharfage, etc.), but the 'street' on which the goods are landed is not to be obstructed as a thoroughfare by the merchandise thus landed. The meaning of section 2525 is equally unambiguous. By it the board is empowered to extend' or make wider by constructing or building the outer half of streets lying along the water-front.' Until the extensions are made, the commissioners may have and use as a landing-place, with power to collect, etc., so much of the streets now fronting upon the water-front' as may be so used without 'obstructing the same as thoroughfares.' Therefore the wharfage was not collectible: People v. S. F. Gas Company, 60 Cal. 349; Soule v. Pope, Id. 567. The same principle applies to dockage: People v. S. F. Gas Company, 54 Id. 248. The two decisions were followed in People v. Pacific Rolling Mills, 60 Id. 323. That the state harbor commissioners have control over Channel street as far west as Fifth street in San Francisco, with power to charge dockage, etc., thereon, see People v. Williams, 1 West Coast Rep. 572; S. C., 64 Cal. 498. Whether a private individual or concern holding a lease of a portion of the water-front of San Francisco from the board of state harborcommissioners can collect wharfage, dockage, or tolls was a question raised in People v. S. F. Gas Light Company, 54 Cal. 248, and the court said that as the company had agreed to defray the expense of dredging it might require, it could, by virtue of contract with vessels doing business with it, collect dockage; and that the commissioners had no legal right to collect dockage for vessels landed at the leased premises while engaged in the company's business. Rates of toll fixed by the commissioners were: Coal, ten cents per ton; all merchandise landed upon wharves from vessels, and taken from thence in lighters or other vessels, or warehoused without drayage, must pay six and a quarter cents per ton wharfage. In Soule v. S. F. Gas Light Co., 54 Cal. 241, coal was landed and placed on the wharf from vessels, and removed by defendant on cars run upon a tramway supported by pillars resting on the wharf, and was warehoused without being hauled on drays. The court maintained that it was immaterial whether the conveyance was by wagons, drays, or cars, or whether on a tramway resting on pillars ten feet high or on rails resting immediately on the wharf. "The difference between the two rates was evidently intended to cover the wear and tear of wharves by the passing of loaded means of conveyance." 2525. Extension of streets along the water-front. SEC. 2525. The board of state harbor commissioners are authorized to extend any of the streets lying along the water-front of said city and county, to a width not exceeding one hundred and fifty feet, where they have not been already so extended. The outer half of such streets 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 may have and use as a landing-place, with full power to collect dockage, wharfage, and tolls thereon, so much of the streets now fronting upon the water-front as may be used for such purpose without obstructing the same as a thoroughfare. The inner half of such streets shall be constructed and maintained in good repair by the owners of the lots abutting thereon and the city and county of San Francisco. The commissioners are authorized to construct across the outer half of said streets an extension of the sewers of the said city and county; if it be necessary to take any land for the purpose of widening any such street, the commissioners are hereby authorized to institute and prosecute to final determination proceedings therefor in conformity with the provisions of Part III., Title VII., of the Code of Civil Procedure, and to pay such compensation as may be assessed for such land taken. When it becomes necessary for the commissioners to construct any wharves on the line of the water-front, they are authorized to adopt and pay for any structures which would form part of such wharves and which have been constructed along such line by private parties prior to the passage of this act. [Amendment, approved April, 3, 1876; Amendments, 1875-6, 51; took effect from passage.] 2526. Limit of money to be collected. SEC. 2526. No greater amount of money shall, in the main, ever be collected, by the collection of dockage, wharfage, tolls, rents, and cranage, than shall be necessary to construct and keep in repair such number of wharves, piers, landings, and thoroughfares, construct sheds, dredge such number of slips and docks, construct a sea-wall and harbor embankment, and pay incidental expenses allowed to be paid by this article. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] 2527. Contracts valid only upon what. SEC. 2527. No contract or obligation entered into by the harbor commissioners, which creates a liability or authorizes the payment of money, shall be valid or of binding force unless signed by all three of the commissioners and countersigned by the secretary of the board; nor shall any contract involving the payment of money be made by the said commissioners, unless the amount then to the credit of the harbor improvement fund, together with the revenue estimated to accrue up to the time of the maturity of such contract, over and above the current expenses of the commission, be sufficient to meet the payments to become due thereon; provided, such estimate of revenue shall be limited, as to time, to one year, and as to amount, to the amount of revenue of the preceding year. [Amendment, approved March 19, 1878; Amendments 1877-8, 48; took effect from passage.] This section does not apply to a contract for of March 8, 1878: Talcott v. Blanding, 54 Cal the payment of moneys under the special act 2528. Disposition of moneys collected. 289. SEC. 2528. All moneys collected shall be paid into the state treasury, and be credited to the San Francisco harbor improvement fund, at least once in each month, except so much thereof as may be necessary to pay the salaries of officers, office rent, cost of office furniture, books, stationery, lights, fuel, expense of dredging, cleaning the wharves and bulkheads, legal and other incidental expenses, and in addition, four thousand dollars per month for urgent repairs; which last sum, if so much be required, may be used in repairing the wharves, piers, landings, thoroughfares, sheds, and other structures, and the streets bounding on the water-front under the jurisdiction of the board, without advertising for proposals therefor. Such moneys may be remitted to the state treasurer by express. [Amendment, approved March 7, 1883; Statutes and Amendments 1883, 48; took effect from and after its passage.] See an act approved March 7, 1883, author- struction of his wharf, not to exceed four thou izing the state board of harbor commissioners sand three hundred and fifty dollars: Stats. 1883, to pay Daniel McNeil his claim for the de 2529. Vouchers, drafts, and warrants. 48. SEC. 2529. The commissioners shall take vouchers for all sums of money by them expended under the authority of this article, excepting fifty dollars per month for postage-stamps, express, and other incidental expenses, and safely keep the same on file in the office of the board. For all sums of money paid by the commissioners, excepting those mentioned in section twenty-five hundred and twenty-eight, drafts shall be drawn by them on the controller of state, countersigned by the secretary of the board, and the controller of state shall draw his warrant on the state treasurer, who shall pay the same out of any money in said treasury credited to the San Francisco harbor improvement fund. No warrant shall be drawn by the controller upon the treasurer of the state, as provided in this section, unless the order bears the signatures of all three commissioners, and of the secretary of the board. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] Signatures of three commissioners not necessary to validate obligation entered into under a special act: Talcott v. Blanding, 54 2530. Reports and receipts. Cal. 289. Compare with Talcott v. Harbor SEC. 2530. On the payment to the state treasurer of any sum of money, the board and the state treasurer must report to the state controller the amount so paid, and the treasurer must give the board a receipt for the same. [Amendment, approved March 7, 1883; Statutes and Amendments 1883, 48; took effect from and after its passage.] 2531. Ex officio members of board. SEC. 2531. The governor of the state and the mayor of the city and county of San Francisco are hereby made ex officio additional members of the board of state harbor commissioners, for the special purposes herein mentioned, and shall take part in the action of the board as hereinafter provided. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] 2532. New sea-wall for San Francisco harbor. and SEC. 2532. The board of state harbor commissioners are hereby authorized empowered and directed within six months from and after the passage of this act to employ two consulting civil engineers, to act in concert with the engineers of the board, to make a survey, select, and locate a new line for a harbor embankment or sea-wall, and make a report of their doings to said commissioners, who shall, after receiving the same, appoint a time for holding at the office of the board a special meeting of the board, to consider the question of the adoption or rejection of the same. The board shall, at least ten days previous to said meeting, notify the governor of the state and the mayor of the city and county of San Francisco of the time, place, and object of said meeting of said board, and shall request them to be present and take part in the consideration of the question; and at said meeting, or any adjourned meeting thereof, the governor and mayor shall be deemed additional members of said board, with like powers and rights as the other members thereof. If they are not present at the meeting, the board shall adjourn to a day certain, and notify them anew as before; and if either be present at the adjourned meeting, with three commissioners, action may be had, and an affirmative vote of all four present shall determine the question; any less vote shall be a negative vote. But the board may order new surveys and locations, which may be adopted or rejected in like manner as before. If the vote is in the affirmative, the line adopted shall be thenceforth the line of the harbor embankment and sea-wall of the port of San Francisco. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] 2533. San Francisco harbor improvement fund. SEC. 2533. On and after the passage of this act the treasurer of the state shall keep the money remitted to him by the board of state harbor commissioners, to the credit of a fund to be known as the San Francisco harbor improvement fund; all moneys in the state treasury to the credit of the state wharf and dock fund shall be transferred by the state treasurer to the San Francisco harbor improvement fund, and the state wharf and dock fund account shall be closed, and the state treasurer shall notify the board of such transfer, after which all drafts drawn by the board shall be paid by the treasurer out of the San Francisco harbor improvement fund. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] 2534. Limit of compensation for collecting dockage. Amendments 1883; took effect from and after the passage of the act. 2535. Duties of state treasurer-Accounts and books. SEC. 2535. The state treasurer shall receive all moneys paid by the state harbor commissioners, and keep the same in a separate fund, to be known as the San Francisco harbor improvement fund, and pay out the same as provided for in this article, and shall keep an accurate account of all moneys received by him and paid out under the authority of this article, in books kept solely for that purpose; which said books shall be open at all times to the inspection of the governor and controller of state, and of any committee appointed by the legislature, or by either branch thereof. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took effect from passage.] 2536. Proposals and contracts for construction of new sea-wall. SEC. 2536. When the commissioners determine to construct any part of the sea-wall, they must advertise for sealed proposals for not less than thirty days in not less than two daily papers in San Francisco. The advertisement must give a full and accurate description of the work to be done, the place where to be done, and the material to be used. On the day stated in the advertisement, the bids must be opened in the presence of such bidders as are present, and the contract awarded to the lowest bidder, who shall give a bond, with two or more responsible sureties, to be approved by the commissioners, for the due performance of the work. Their approval must be indorsed on said bond. If, in the opinion of the commissioners, the bids are too high, they shall reject them and advertise anew, in like manner as before. And if, in the opinion of the commissioners, the second bids are also too high, they shall reject them likewise, and may enter into a contract with responsible parties without giving further notice. The parties entering into a private contract with the commissioners must give a bond, with two or more responsible persons as sureties, to be approved by the commissioners, which approval shall be by writing indorsed upon said bond, conditioned for the faithful performance of the contract. But the consideration agreed to be paid in any contract entered into without giving public notice must be five per cent lower than the lowest responsible bid rejected. The work to be performed under any one contract shall not exceed one thousand lineal feet of harbor embankment or sea-wall. But the commissioners may enter into as many contracts at the same time as they deem expedier.t, provided the amount in the harbor improvement fund, together with the revenue estimated to accrue pursuant to section twenty-five hundred and twnty-seven of the |