in the waters of Humboldt Bay or of any creek or slough emptying into the same, so far as the tide ebbs and flows, without having complied with the rules and regulations of the board and the provisions of this section, and obtained permission of said board of harbor commissioners as berein provided, shall be guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine not to exceed five. hundred dollars ($500.00), or by imprisonment in the county jail of the county of Humboldt, state of California. En. Stats. 1901, 67. § 2570. Harbormaster, duties and powers of. The harbormaster of the port of Eureka, which office is hereby created, shall be appointed by the governor of this state on or before the first day of April, eighteen hundred and ninety-nine (1899), and shall hold office for the term of four years from and after the date of his appointment, and until his successor is appointed and qualified. He must enforce and carry into effect such rules and regulations as the board of harbor commissioners may from time to time adopt. It shall be the duty of the harbormaster to collect, from day to day, all data necessary to enable the secretary of the board of harbor commissioners to compile the reports mentioned in section twenty-five hundred and seventy-one (2571) of this code. If any master, agent, or owner of any watercraft shall refuse or neglect to obey the lawful orders or directions of the harbormaster in any matter pertaining to the regulations of said harbor, such master, agent, or owner so refusing or neglecting is guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed six months in the county jail of the county of Humboldt. March 12, 1872. Am'd. 1899, 89; 1901, 65. Cal.Rep.Cit. 121, 549; 121, 551. En. $ 2571. Compensation and expenses. Secretary and engineer. The members of the board of harbor commissioners shall receive a salary of four hundred dollars ($400.00) per year, to be paid from the treasury of the county of Humboldt, state of California, in the same manner as cther claims against said county are paid; provided, the salary of the harbor commissioners herein mentioned shall not affect the present members of the board of harbor commissioners. The board, within thirty (30) days after the passage of this act, shall appoint a secretary, whose duty it shall be to keep the office of the board open every day, legal holidays excepted. He shall safely keep and be responsible for all the books, papers, and records of the board, attend all of their meetings, keep a perfect record of their proceedings, with the names of the commissioners present thereat and keep a record of all steam and sail vessels entering and arriving or clearing and departing to and from Humboldt Bay, with a complete detailed record of their cargoes, with the port to which they sail or from which they have sailed, and he shall make reports monthly thereof in tabulated form and record the same in the records of the office, and make such other reports as directed by the board. The secretary shall perform all of the duties required of him by law or by the rules and regulations of the board of harbor commissioners. He shall hold office for four (4) years from the date of his appointment, but may be removed by the board at any time after due investigation for causes affecting his official character or competency. The order for such removal stating distinctly the causes therefor must be entered upon their minutes. In case of a vacancy in such office, the board must fill the same by appointment for four (4) years, subject to removal as herein provided in this section. The salary or fees of the secretary shall be fixed by the board of harbor commissioners and shall be paid from the treasury of the county of Humboldt, state of California, in the same manner as other claims against the said county are paid. The board shall secure the services of a competent civil engineer at such times as in their opinion they deem it necessary. The fees or salary of such engineer not to exceed ten dollars ($10) per day for each day actually employed, and shall be paid from the treasury of the county of Humboldt, state of California, in the same manner as other claims against the said county are paid. Nothing herein contained shall be construed as creating the office of engineer, nor shall his employment extend beyond the particular service for which he is employed. All expenses necessarily incurred by the board of harbor commissioners in the performance of their duties, must be paid in the same manner, out of said treasury of said. county of Humboldt, state of California, as the members of the board and the secretary are herein required to be paid. En. March 12, 1872. Am'd. 1889, 88; 1899, 90; 1901, 65. Cal.Rep.Cit. 121, 549. § 2572. Fees of harbormaster. The fees of the harbormaster are prescribed by the board of commissioners, and paid monthly by the board of trustees of the town of Eureka, upon the certificate of the board of commissioners, except such fees as may be provided to be otherwise paid by the board. En. March 12, 1872. Cal.Rep.Cit. 121, 549; 121, 551; 121, 553. ARTICLE XI. HARBOR COMMISSIONERS FOR THE BAY OF SAN DIEGO. Constitution of board and appointment of commissioners. Bonds and officers. Duties of employees. Prosecution of actions. Control of bay. lations. Construction of wharves. Dockage. Regu Extending streets. Right of eminent domain. § 2575. § 2576. § 2577. § 2578. § 2579. 2580. 2581. § 2582. Limit on collections. 2589. 2590. 2591. Contract, validity of. § 2592. 2593. 2594. § 2595. § 2596. § 2597. 2598. § 2599. § 2600. § 2601. § 2602. § 2603. § 2604. $ 2605. § 2606. 2607. § 2608. Ex-officio members of board. Harbor improvement fund. Moneys to be kept separate by state treasurer. Advertising for bids. Reports to governor. Map showing change of survey. Refusal to obey orders of wharfinger. Obstructions to navigation. Speed of horses and vehicles on wharves. Bonds, obligees in. Seal. When no tolls or wharfage to be collected. Collections to be made in coin. Wharfingers and collectors as special policemen. Who liable for wharfage. Plats. Leasing of lands. Private wharves, docks, etc. Salaries and compensation. Attorney-general, duties of. [Sections 2583 to 2607, relating to sailors and sailor boarding-houses, were repealed by act approved December 22, 1875. Amendments 1875-6, p. 52. In effect immediately.] 2575. Constitution of board and appointment of commissioners. A board of state harbor commissioners for the bay of San Diego, to consist of three persons, is hereby constituted with such powers and duties as are prescribed by law. On the passage of this act the governor must nominate and by and with the consent of the senate appoint one of said commissioners to hold office for two years, and one for three years, and one for four years from the dates of their respective commissions, and until their successors are qualified. The said officers must thereafter be nominated by the governor, and by and with the consent of the senate, be appointed for four years from the dates of their respective commissions, and until their successors are qualified. All persons appointed commissioners by virtue of this act must be qualified electors of the county of San Diego. If the term of office of any commissioner expire during the recess of the senate, the governor must grant a commission to his successor, which shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session. If a vacancy occurs from any cause in the office of a commis sioner before the expiration of his term, his successor must be appointed and hold office only for the unexpired portion of such term. In case the senate, during its session, fail to act on or refuse its consent to any nomination the governor may make of persons to constitute the board herein first provided for, or to fill a vacancy occurring thereafter by expiration of the term or otherwise, he must, after the adjournment of the senate, grant a commission for the terms herein provided for, or for the unexpired portion of such term, as the case may be, subject, however, to the consent of the senate at its next regular session. In all cases, however, where the senate fails or refuses to confirm a nomination so made by the governor, the official acts of the person so nominated, up to the time of his nonconfirmation, shall be legal and valid to all intents and purposes, and he shall be entitled to his salary up to that time for his services rendered, but no further; provided, that upon the passage of this act, the governor shall nominate three persons to fill such offices for the first term and submit them to the senate at least one day before its final adjournment. The commissioner first appointed for four years shall be the president and executive officer of the board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officers and employees, especially in the collection, custody, and disbursement of the revenues, and to require that all the books, papers, and accounts be accurately kept, and in proper form, and all the provisions of law and the regulations of the board be enforced and observed. He may 'administer official oaths to the officers and employees of the board, except the other commissioners, and to all persons in relation to the business of the board. After the expiration of the first four years, the commissioners must elect their president from amongst themselves. En. Stats. 1889, 305. Cal. Rep. Cit. 132, 219. § 2576. Bonds and officers. The president of the board must give an official bond in the sum of ten thousand dollars, and each of the other commissioners in the sum of ten thousand dollars, which must be approved by the governor, and state treasurer, by written indorsement thereon, and within fifteen days after the date of their respective commissions must be filed and recorded in the office of the secretary of state, together with the official oath prescribed by law. The commissioners shall not be sureties for one another, nor shall any officer of the state, nor any officer or member of the legislature be accepted as surety on said bonds. The board, on entering upon the duties of their office, may, as soon as they deem it necessary for the performance of the duties required by this act, and have funds at their disposal to pay the salaries or compensation for services rendered, appoint the following officers, viz: A secretary, an assistant secretary, an attorney, a chief engineer, a chief wharfinger, and such assistant wharfingers and collectors as they may deem necessary. Such officers shall hold for a term of four years from the date of their respective appointments, but may be removed by the board at any time when their respective services are not required, or after due investigation for causes affecting their official character or competency. The order for such removal, stating distinctly the causes therefor, must be Pol. Code-26 |