SECTION 2364. Boats, oars, and signals. 2365. Steamers overtaking. 2360. 2366. Steamers to carry signals at night. 2367. Penalties, what amount. 2368. Vessels at anchor to show lights. 2369. No recovery for collision in case of neglect. 2370. Rafts on the Sacramento and San Joaquin Rivers. 2372. Penalty, what amount. 2373. Racing, penalty for. 2374. Steamboats to wear spark catchers. 2375. Inspectors to supervise and direct spark catchers. 2377. Neglect of duty and penalty therefor. 2378. Owner liable for master's or engineer's penalties. When steamers meet each must turn to the Steamers meeting. right, so as to pass without interference. NOTE. This and the succeeding sections of this Article provide rules of navigation for the waters within the jurisdiction of this State. The rules of maritime navigation prevailing under the general maritime law, where there was no statutory enactments, were derived from the High Court of Admiralty in England and the Supreme Court of the United States, based upon the rules promulgated by the corporation of the Trinity House on the 30th Oct., 1840, to be found in 1 W. Rob. Adm., p. 488, and are set out substantially in 2 Bouv. Law Dic., p. 206, et seq. See, also, 13 U. S. Stat. at Large, p. 58. Acts Canadian Parl., Sept. 1, 1864, 2 Bouv. Law Dict., p. 207, et seq., contains the Act of Congress, supra. The rules given in this Article are not in conflict but thoroughly in accordance with these more general rules, but greatly simplified.-See Chap. VI, Title X, Part II of the Code of Civil Procedure of Cal., "Of actions against steamers, vessels, and boats," Secs. 813 to 827, inclusive. Field's Drft. Outl. Inter. Code, p. 199, contains Rules of Navigation, and other interesting information on this subject. and passengers by small 2361. When a passenger is to be landed from a Landing steamer by means of a small boat, he must not be suf- receiving fered to get into it until it is completely afloat and wholly disengaged from the steamer, except by the painter. boat. Lines used for landing not to be drawn by 2362. No line used for the purpose of landing or receiving passengers must be attached in any way to machinery. the machinery of any steamer, nor must the small boat used for such purpose be hauled in by means of such machinery. The engine to be stopped. Boats, oars, and signals. Steamers overtaking. Steamers to carry signals at night. Penalties, what amount. 2363. During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine must be stopped, and must not be put in motion, except to give sufficient force to keep the steamer in a proper direction and safe position. 2364. In every small boat there must be kept a good and suitable pair of oars; and in the nighttime a signal, by means of a horn or trumpet, must be given to the steamer from the small boat, when having landed or received its passengers, it is ready to leave the shore. 2365. A steamer going in the same direction with another steamer ahead of it must not approach or pass the other within the distance of ten yards; and the steamer ahead must not be so navigated as unneces sarily to bring it within ten yards of the steamer following. 2366. When any steamer is running in the nighttime her master must cause her to carry two conspicu ous lights; one exposed near her bow and the other near her stern; the latter must be at least twenty feet above her deck. 2367. Every master or other person in charge who violates any of the provisions of the preceding seven sections, incurs a penalty of two hundred and fifty dollars for each offense. 2368. When any vessel is at anchor in the nighttime in any of the harbors or ports within the juris diction of this State, the master or other person at the time in the charge of the vessel must cause a conspicuous light shown in her rigging at least twenty feet above her deck, and another light from her taffrail, under penalty of fifty dollars for every neglect. Vessels at anchor to show lights. No recovery for collision in case of 2369. Neither the master or owner of any vessel can recover damages for injuries to the same or to himself by a collision growing out of a non-compliance neglect. upon its part with the provisions of the preceding six sections. Rafts on the Sacra mento and San 2370. Every raft of timber floated on the Sacramento or San Joaquin Rivers at night must show two red lights, one at each end, and at least ten feet above Joaquin the upper logs or plank of such raft, under penalty of fifty dollars for every neglect. 2371. Every vessel propelled by steam, navigating any waters of this State and carrying passengers, must be provided with boats as follows: 1. If of five hundred tons measurement, one first class life boat; one row boat, twenty-five feet long by seven wide, capable of carrying fifty persons each; and at least one other good row boat; 2. If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary row boats; 3. If of less than two hundred and fifty tons burden, at least one small row boat. All which boats must be attached in such manner that they can be launched at any time for immediate use. Rivers. Vessels to boats. carry what what 2372. The master and owners, and each of them, Penalty, of any vessel not provided with boats as required in amount. the preceding section, are subject to a penalty of not exceeding two hundred and fifty dollars. Racing, penalty for. Steamboats to wear spark catchers. Inspectors to supervise 2373. If the master or other person in charge of a steamer navigating any of the waters of this State and used for the conveyance of passengers, or if the engineer or other person in charge of the boiler or other apparatus for the generation of steam does, for the purpose of increasing speed or excelling any other vessel in speed, suffer to be created an undue or an unsafe quantity of steam, he is subject to a penalty of five hundred dollars. 2374. All high pressure steamboats navigating the Sacramento and San Joaquin Rivers, or any of their tributaries above the mouth of the San Joaquin River or the City of Sacramento, must have securely attached to their chimneys metal bonnets or spark catchers. NOTE.-Stats. 1857, p. 149, Sec. 1. 2375. All such bonnets or spark catchers must be and direct constructed under the direction and supervision of the United States Inspectors of Steamboats for the District of San Francisco. spark catchers. Compensa tion of NOTE.-Stats. 1857, p. 149, Sec. 2. 2376. For each bonnet or spark catcher worn by Inspectors. any steamboat inspected or constructed under the direction of and certified to by the Inspector, he may receive from the owner thereof ten dollars as a compensation for his services for such direction, supervision, or inspection and certificate. Neglect of duty and penalty herefor. NOTE.-Stats. 1857, p. 149, Sec. 4. 2377. Every owner or master who navigates a steamboat without bonnets or spark catchers inspected and attached as required by the preceding three sections, is subject to a penalty of twenty dollars for each day he navigates his boat without the same. The owner of such boat is further liable for all damage done by reason of such neglect. 2378. St. Nav. Co., 9 Cal., p. 251. The facts upon which The owners of Owner liable for master's or steamboat are responevery sible for the good conduct of the master or other per- engineer's son in charge employed by them, and they are jointly penalties. and severally liable for any penalty incurred by the master, engineer, or other person in charge, which cannot be collected from him by due course of law, as if they were his sureties. NOTE.-Stats. 1857, p. 150, Secs. 5, 6. how 2379. The penalties given by this Article may be Penalties, recovered by the District Attorney of any county bor- recovered. dering on the water where the offense was committed or the penalty incurred, to whom notice is first given, and when recovered are to be equally divided between the Common School and Indigent Sick Fund of the county whose District Attorney recovers the same. Any judgment recovered hereunder is a lien on the vessel against whose owners or master it is recovered. NOTE.-Stats. 1857, p. 150, Secs. 6, 7, 8. ARTICLE III. FLOATING LUMBER. SECTION 2389. Definition of lumber. 2390. Owner may reclaim lumber. 2391. If not taken away to be turned over to Sheriff. 2392. Application of proceeds when sold.. 2393. Subsequent disposition of proceeds. 2389. The word "lumber" is used in this Article Definition to designate all timber, whether in logs, boards, planks, of lumber. 55-VOL. I. |