or plants of any variety are infested with any serious infectious diseases, or scale insects of any kind injurious to fruit, fruit trees, vines, or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort, (Salsoli kali, variety tragus), or other noxious weeds, codlin moth, or other insects that are destructive to trees, and praying that a commission be appointed by them, whose duty it shall be to supervise the destruction of said scale insects, diseases or Russian thistle or saltwort, or other noxious weeds as herein provided, the board of supervisors shall, within twenty days thereafter, appoint a board of horticultural commissioners, consisting of three members, who shall be qualified for the duties of horticultural commissioner. [Removal of members.] Upon the petition of twenty-five resident freeholders and possessors of an orchard, the board of supervisors may remove any of said commissioners for cause, after a hearing of the petition. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 801. § 2322a. INSPECTION OF PLACES INFESTED BY FRUIT PESTS, AND PROCEEDINGS TO ABATE NUISANCE CREATED THEREBY. It shall be the duty of the county board of horticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any premises, orchards or nursery, or trees, plants, vegetables, vines, or fruits, or any fruit-packing house, storeroom, salesroom, or any other place or articles in their jurisdiction, and if found infested with infectious diseases, scale insects, or codlin moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with their eggs, or larvæ, or if there is found growing thereon the Russian thistle or saltwort, or other noxious weeds, [Notice to owners to destroy pests.] They shall notify the owner or owners, or person or persons in charge, or in possession of the said places or orchards or nurseries, or trees, or plants, vegetables, vines, or fruit, or article as aforesaid, that the same are infested with said diseases, insects, or other pests, or any of them, or their eggs or larvæ, or that the Russian thistle or saltwort or other noxious weeds is growing thereon, and they shall require such person or persons, to eradicate or destroy the said insects, or other pests, or their eggs or larvæ, or Russian thistle or saltwort, or other noxious weeds within a certain time to be specified. [Service of notice.] Said notices may be served upon the person or persons, or either of them, owning or having charge, or having possession of such infested place or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as aforesaid, or premises where the Russian thistle or saltwort or other noxious weeds shall be growing, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. [What declared public nuisance.] Any and all such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, or premises where the Russian thistle or saltwort or other noxious weeds shall be growing, are hereby adjudged and declared to be a public nuisance; and whenever any such nuisance shall exist at any place within their jurisdiction, or on the property of any non-resident, or on any property the owner or owners of which cannot be found by the county board of horticul tural commissioners, after diligent search, within the county, or on the property of any owner or owners, upon which the notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time specified, it shall be the duty of the county board of horticultural commissioners to cause said nuisance to be at once abated, by eradicating or destroying said diseases, insects, or other pests, or their eggs, or larvæ, or Russian thistle or saltwort or other noxious weeds. [Expense of abating, how paid.] The expense thereof shall be a county charge, and the board of supervisors shall allow and pay the same out of the general fund of the county. Any and all sum or sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated in pursuance of this chapter. A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the said property and premises are situated, within thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold, enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs; and the overplus, if any there be, shall be paid to the owner of the property, if he be known, and if not, into the court for his use when ascertained. The county board of horticulture [al] commissioners is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary manner. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 801. § 2322b. LOCAL DISTRICTS AND INSPECTORS. QUARANTINE GUARDIANS. Said county boards of horticultural commissioners have power to divide the county into districts, and to appoint a local inspector, to hold office at the pleasure of the commissioners, for each of said districts. The state board of horticulture may issue commissions as quarantine guardians to the members of said county board of horticultural commissioners and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural commissioners, have full authority to enter into any orchard, nursery, place or places where trees or plants are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. History: Enacted March 21, 1907, Stats. and Amdts 1907, p. 803, § 2322c. REPORTS OF BOARDS. It is the duty of said county board of horticultural commissioners to keep a record of its official doings, and to make a report to the state board of horticulture, on or before the first day of October of each year, of the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also as to disinfecting, and as to quarantine against insect pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Such board may publish such reports in bulletin form, or may incorporate so much of the same in its annual reports as may be of general interest. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 803. § 2322d. SALARIES AND EXPENSES. The salary of all inspectors working under the county board of horticultural commissioners is two dollars and fifty cents per day. In the case of the commissioners themselves, their compensation is four dollars per day, when actually engaged in the performance of their duties, and itemized necessary traveling expenses incurred in the discharge of their regular duties as prescribed in this chapter. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 803. § 2322e. RECORDS OF BOARDS. It is the duty of the county board of horticultural commissioners to keep a record of its official doings, and make a monthly report to the board of supervisors; and the board of supervisors may withhold warrants for salaries of said members and inspectors thereof until such time as such report is made. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 803. $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 Simonds 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, lying easterly of the northeasterly line of Seventh Street, the width thereof to be one hundred forty feet; 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 tidewater 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' 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; Diabio Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Sontra 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; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma rivers; Moro Cojo Slough, in Monterey County, from Salinas River to tide-water; Gallinas, or Guyanas, Slough or Creek, in Marin County, from its mouth to the line of the Sonoma and Marin Railroad; Clear Lake, in Lake County, provided that nothing herein contained shall be deemed to interfere with rights of owners and claimants of swamp or overflowed land around the margin of said Clear Lake to reclaim the same. [Repeal.] Sec. 2. Section twenty-three hundred and fifty-one is hereby repealed. History: Amended March 18, 1907, Stats. and Amdts. 1907, p. 594. § 2351. NAPA CREEK DECLARED NAVIGABLE (repealed). History: Repealed March 18, 1907, Stats. and Amdts. 1907, p. 596. $2521. COMMISSIONERS TO GIVE BONDS. EMPLOYEES. The president of the board must give an official bond in the sum of fifty thousand dollars, and each of the other commissioners in the sum of fifty 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. As soon as the commissioners first appointed under this act have qualified, the offices of the present commissioners shall be and are hereby declared to be vacant. [Appointment of assistants.] The board, on entering on the duties of their office. must appoint the following officers, viz.: A secretary, an assistant secretary, an attorney, a chief wharfinger, and such number of wharfingers and collectors as they deem necessary. [Term of office.] Such officers shall hold for a term of four years from the dates of their respective appointments, but may be removed by the board at any time, after due investigation, for causes affecting their official character or competency. The order for such removal, stating distinctly the causes therefor, must be entered on their minutes. In case of a vacancy in such offices by the expiration of a term, or for any other cause, the board must fill the same by an appointment for four years. History: Amended March 11, 1907, Stats. and Amdts. 1907, p. 224. $ 2524. HARBOR COMMISSIONERS STATE JURISDICTION OF BOARD. The commissioners shall have possession and control of that portion of the bay of San Francisco, together with all the improvements, rights, privileges, easements, appurtenances connected therewith, or in anywise appertaining thereto, for the purposes in this article provided (excepting such parcels thereof as are held by the lessees, or their assigns, on valid leases, which parcels so held it is hereby made the duty of the commissioners to take possession of, together with the improvements thereon, as soon as said leases terminate, and also to see that the lessees, or their successors or assigns, do not exercise rights and privileges that are not conferred by said leases), bounded as follows, to-wit: [Boundaries.] Commencing at the point where the easterly line of the Presidio reservation intersects the water-line front, as established by the board of state tide land commissioners; thence easterly along said water-line front to the center of Webster Street; thence southerly along the center of Webster Street to the center of Lewis Street; thence easterly along the center of Lewis Street to the center of Polk Street; thence southerly along the center of Polk Street to the center of Tonquin Street; thence easterly along the center of Tonquin Street to the center of Larkin Street; thence southerly along the center of Larkin Street to the center of Jefferson Street; thence easterly along the center of Jefferson Street to the center of Powell Street; thence southerly along the center of Powell Street to the center of Beach Street; thence easterly along the center of Beach Street to the center of Dupont Street; thence southerly along the center of Dupont Street to the center of North Point Street; thence easterly along the center of North Point Street to the center of Kearny Street; thence southerly along the center of Kearny Street to the center of Francisco Street; thence easterly along the center of Francisco Street to the center of Montgomery Street; thence southerly along the center of Montgomery Street to the center of Chestnut Street; thence easterly along the center of Chestnut Street to the center of Sansome Street; thence southerly along the center of Sansome Street to the center of Lombard Street; thence easterly along the center of Lombard Street to the center of Battery Street; thence southerly along the center of Battery Street to the center of Greenwich Street; thence easterly along the center of Greenwich Street to the center of Front Street; thence southerly along the center of Front Street to the center of Vallejo Street; thence easterly along the center of Vallejo Street to the center of Davis Street; thence southerly along the center of Davis Street to the center of Pacific Street; thence easterly along the center of Pacific Street to the westerly line of East Street; thence southerly along the westerly line of East Street to the center of Folsom Street; thence westerly along the center of Folsom Street to the center of Steuart Street; thence southerly along the center of Steuart Street to the center of Harrison Street; thence southerly on a direct line with said Steuart Street two hundred and fifty-three feet nine inches, to the center of a street the name of which is not on the map; thence at right angles westerly along the center of said street to the center of Spear Street; thence southerly along the center of Spear Street to the center of Bryant Street; thence westerly along the center of Bryant Street to the center of Beale Street; thence southerly along the center of Beale Street to the center of Brannan Street; thence westerly |