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library must be kept open every day from nine o'clock A. M. until nine o'clock P. M., and at other times during such hours as the trustees may direct. En. March 12, 1872.

§ 2302. Salary of librarian. The annual salary of the librarian is three thousand dollars. En. March 12, 1872.

$2303. Salary of deputies. The deputy is eighteen hundred dollars.

Bond of librarian.

annual salary of each En. March 12, 1872.

§ 2304. The librarian must execute an official bond in the sum of three thousand dollars. En. March 12, 1872.

Official bonds: Secs. 947 et seq.

§ 2305. When this chapter takes effect. This chapter shall be in force and effect from and after the first day of May, eighteen hundred and seventy-two. En. March 12, 1872.

CHAPTER IV.

SUPREME COURT LIBRARY.

2313. § 2314.

Who may use.

Librarian, duties and salary.

§ 2315. Who may take books.

§ 2316. Fund for support of.

§ 2313. Who may use. This library is for the use of the justices and counselors-at-law of the supreme court. En. March 12, 1872.

§ 2314. Librarian, duties and salary. The justices of the supreme court are hereby authorized to appoint a librarian for the supreme court library, who, under their direction, shall conduct its affairs and be responsible for its care. He shall receive the salary provided for in section seven hundred and thirty-nine of this code. En. March 12, 1872. Am'd. 1897, 209.

§ 2315. Who may take books. Books may be taken from this library by the justices of the supreme court. At the request of a counselor of the court, the bailiff must take from the library to the courtroom books for use in the argument of any cause. En. March 12, 1872.

§ 2316. Fund for support of. The supreme court library fund consists of fees collected by the clerk of the

court, as provided in section 753 of this code, and is under the control of the court. Upon its order the controller must, without the approval of any board, draw his warrant upon the treasurer for the amount specified, and in favor of the person designated in such order, which warrant must be paid out of such fund. En. March 12, 1872.

§ 2326.

§ 2327.

CHAPTER

OTHER PUBLIC INSTITUTIONS.

State agricultural society.

University of California, normal school. § 2328. State prison.

§ 2326. State agricultural society. The powers, duties, privileges, and rights of the California state agricultural society are fixed by "An act to incorporate the state agricultural society, and to appropriate money for its support," approved May thirteenth, eighteen hundred and fifty-four, and the acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three. En. March 12, 1872.

Board of agriculture: See ante, sec. 705.

See also General Laws, title Agriculture.”
Agricultural fair corporations:

Civ. Code, secs. 620-622.

Horticulture: See General Laws, title Horticulture.

§ 2327. University of California, normal school. The control and management of the university of California and the state normal school are provided for in title III, of part III, of this code. En. March 12, 1872.

University of California: Ante, secs. 1385-1477.
State normal school: Ante, secs. 1487-1507.

§ 2328. State prison. The control and management of the state prison is provided for in part III of the Penal Code. En. March 12, 1872.

State prison, acts relating to: See Pen. Code, Appendix, title State Prisons.

TITLE VI.

PUBLIC WAYS.

Chapter I. Public Waters, §§ 2348-2608.

Highways, §§ 2618-2772.

II.

III.

Toll Roads, §§ 2779-2832.

IV. Toll Bridges and Ferries, §§ 2843-2895.
V. Wharves, Chutes, and Piers, §§ 2906-2921.
Miscellaneous Provisions Relating to Public
Ways, $§ 2931-2938.

VI.

Article I.

II.

III.

IV.

V.

VI.

VII.

VIII.
IX.

X.

XI.

CHAPTER I.

PUBLIC WATERS.

General Provisions respecting Public Waters, §§ 23482351.

Navigation, §§ 2360-2379.

Floating Lumber, §§ 2389-2393.

Wrecks and Wrecked Property, §§ 2403-2418.

Pilots and Pilot Commissioners, §§ 2429-2447.

Pilot Regulations for San Francisco, Benicia, and Mare
Island, §§ 2457-2470.

Pilot Regulations for Humboldt Bay and Bar, §§ 2476-
2491.

Port Wardens, §§ 2501-2511.

San Francisco Harbor and State Harbor Commissioners, §§ 2520-2554.

Harbor Commissioners for Port of Eureka, §§ 2567-2572. Harbor Commissioners for Bay of San Diego, §§ 25752608.

ARTICLE I.

GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND OBSTRUCTIONS THEREIN.

§ 2348.

§ 2349.

2350. § 2351.

What waters are public ways.

Certain streams and waters declared navigable, and are public ways.

Penalty for felling trees into public waters.

Napa creeks declared navigable.

§ 2348. What waters are public ways. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation. En. March 12, 1872.

Cal.Rep. Cit. 67, 545.

Navigable waters, frontages on, subject to right of eminent domain: Const. Cal., art. XV, sec. 1. Prohibition against obstruction: Const. Cal., art. XV, sec. 2.

Navigable stream, obstructing is misdemeanor: Code, sec. 611.

Pen.

Bridges across navigable streams and other waters: Stats. 1881, p. 76. As to repairing and constructing: Stats. 1897, p. 21.

Towpaths along banks of navigable streams, authorized: Stats. 1872, p. 940.

Watercourses as boundaries:

See Civ. Code, sec. 830.

Improving streams not navigable: Sec. 4085, post. Declaring streams innavigable for floating lumber: See General Laws, title Waters.

Appointment of examining commission on rivers and harbors: See General Laws, title Waters.

§ 2349. Certain streams and waters declared navigable, and are public ways. The following streams and waters are declared public ways: So much of a slough as lies between Simons Canal, in the town of Alviso, and the bay of San Francisco; Petaluma River, from its mouth to the southerly line of Washington Street, in the city of Petaluma; the Sonoma River, between its mouth and a point opposite Fowler's Hotel, in the town of San Luis; the Napa River, between its mouth and the toll-bridge; the Suisun River, between its mouth and the town of Suisun embarcadero; the Sacramento River, between its mouth and the mouth of Middle Creek; the Feather River, between its mouth and a point fifty feet below the bridge crossing Feather River first above the mouth of the Yuba River; the Yuba River, between its mouth and a point at the mouth of the slough at the foot of F Street, in the city of Marysville; the San Joaquin River, between its mouth and Sycamore Point; the Stockton Slough, between its mouth and the west line of El Dorado Street in Stockton; the Mokelumne River, between its mouth and the first falls; the Tuolumne River, between its mouth and Dickinson's Ferry; Deer Creek, between the house of Peter Lassen and its mouth; Big River, three miles from its mouth; Noyo River, three miles from its mouth; Albion River, three miles from its mouth; San Antonio Creek, in the county of Alameda, from its mouth to the old embarcadero of San Antonio; the Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven; Mission Creek,

in the county of San Francisco; that portion of Channel Street in the city of San Francisco, and lying east of and between the easterly line of Harrison Street and the water-front of the bay of San Francisco, the width thereof to be sixty feet from Harrison to the northeasterly line of Seventh Street, and one hundred and forty feet from the northeasterly line of Seventh to the city front; that certain creek running through tide-land survey numbered sixty-eight, and swamp and overflowed land survey numbered one hundred and forty-five, from its mouth to the head of tide-water therein; San Leandro Creek, from its mouth at San Francisco Bay to Andrews' Landing; San Lorenzo Creek, from its mouth at San Francisco Bay to Roberts's Landing; Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Landing; the north branch of Alameda Creek, from its mouth to Eden Landing; San Rafael and Corte Madera creeks, in Marin County, from their mouths as far up as tide-water flows therein; the Neuces Creek, from its mouth at Suisun Bay to a point one half mile above the warehouse of George P. 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 or 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. En. March 12, 1872. Am'd. 1885, 220; 1891, 96.

Cal.Rep.Cit. 79, 350; 107, 223; 123, 180.

Acts declaring streams navigable: See General Laws,

title Waters.

$ 2350.

Penalty for felling trees into public waters. Whoever cuts or causes to be cut down any tree so that it falls into any stream or other waters declared

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