2412. Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, must present to the claimant exhibiting it a written statement of the claims for salvage and expenses. If the claimant refuses to allow such amount, it must be adjusted as hereinafter provided. NOTE. It has been a mooted question in the United States whether salvage should be awarded to wrecking parties, organized and employing paid servants at regular wages, to rescue wrecks and vessels in distress.-1 Abbott's Jurisdiction and Practice of the U. S. Courts, p. 583. But sound policy would recognize such claims. Comanche, 8 Wallace U. S. Rep. Supreme Court, p. 448. In the case of the Island City, 1 Blackst. U. S. Rep. Supreme Court, p. 121, it was held that an unsuccessful and abandoned attempt does not give the maker a right to share in the salvage of a subsequent successful rescue. See Undaunted, 29 Law. Jour. Adm., p. 176; Lushington's Rep., p. 90; see Jones on Salvage, p. 1. There must be dangers beyond extraordinary exposures.-See Abbott's Jurs. and Prac. U. S. Courts, p. 574; The Charlotte, 3 W. Robn. Rep., p. 71; Field's Drft. Outl. Inter. Code, p. 223, et seq. It is equally a salvage service whether rendered at sea or upon property wrecked at sea, but then upon the land.--Stephen vs. Bales of Cotton, Bee, p. 170. Valuable papers, etc., and life are not the subjects of salvage.-The Emblem, Davies Rep., p. 61; The Mulhouse, 12 Am. Law Rep. (N. S.), p. 276. But a higher salvage or remuneration is awarded for a joint rescue of life and property than that of property alone.-The Clarisse, Swabey's Rep., p. 129; The Coromandel, id., p. 205; The Bartley, id., p. 198; The Alma, Lushington's Rep., p. 378. And owners of cargoes must bear their proportion of salvage awarded for saving the lives of passengers, and this whether the efforts of the salvors were directed to the cargo at all or not.-The Fusilier, 34 Law Jour. Ad., p. 25. Salvage to be stated in writing. ings to disputed claims to 2413. If in any case the amount of salvage and Proceedexpenses are not settled by agreement, the County settle Court of the county, on the application of the owner or consignee of the property, or the master or supercargo having charge thereof at the time of the wreck, salvage. Costs of contest. Wrecked property claimed or of a claimant having an order therefor, or of a person claiming salvage or expenses, must determine the same in a summary way, either by itself hearing the allegations and proofs of the party, or by referring the questions to three disinterested freeholders of the county, who must have the same powers and must proceed in the same manner as referees in civil actions, and whose decisions as to the whole amount and as to the sums to be paid to each person interested must be entered as the judgment of the County Court. 2414. The fees and expenses of the contest must be paid by the person upon whose application it was had, and are a charge on the property saved. Each referee is entitled to such per diem and expenses as the County Judge may deem just. 2415. If within a year after saving wrecked proptos erty no claimant of the property or its proceeds appears, or if within three months after a claim the salvage and expenses have not been paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be must sell it at public auction, if not already sold, and pay the proceeds of such sale, deducting salvage and expenses, into the Treasury of this State, for the benefit of the parties interested; but in no case must any deduction of salvage and expenses be made unless the amount has been determined by the County Court of the county, a copy of whose order and of the evidence in support thereof must be transmitted by the Judge to the Controller. If any money paid to a County Treasurer under Section 2407 remains in his hands more than a year after it has been paid to him, the same must be paid into the State Treasury. NOTE.-See Secs. 544, 545, Penal Code Cal. sale. 2416. Public notice of every sale of wrecked Notice of property under the provisions of this Chapter must be published by the officer making the sale for at least two weeks in succession in one or more newspapers printed in the county, or if none is printed therein, then by written or printed notices in three of the most public places in such county, posted up at least fifteen days previous to such sale. Every notice must state the time and place of the sale and contain a particular. description of the property to be sold. wrecked 2417. Every Sheriff into whose possession any Notice of wrecked property comes must immediately thereafter property. publish, for at least two weeks in succession, in one or more of the newspapers printed in this State, a notice directed to all parties interested, giving a minute description of the property, and of every bale, box, case, piece, or parcel thereof, and of the marks, brands, letters, and figures on each, and stating where the same then is and its actual condition, and the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition. NOTE.-Changing or obliterating marks, etc., see notice. 2418. The expense of publishing notices under Expense of the provisions of this Chapter is a charge upon the property or proceeds to which it relates. NOTE. This Article is based upon an Act concerning wrecks and wrecked property. Stats. 1850, p. 173. The language has been materially modified, and some slight changes have been made in the substance. The penal provisions of the Act have been placed in the Penal Code Cal. Sec. 485 makes conversion of lost property under certain circumstances larceny, on the authority of The People vs. Anderson, 14 Johnson, p. 294; State vs. McCann, 19 Miss., p. 249; Tanner's Case, 14 Gratt., p. 635. See possession of goods from ship56-VOL. I. wreck, Civil Code Cal., Vol. I, Sec. 1815; see, also, as to obligations of the "finder," Civil Code Cal., Secs. 1864-1872, inclusive; see, also, Secs. 3136-3142, post, as to finding goods. This Code makes a distinction between "wrecked" and "lost" property. Qualifica tions of pilots. ARTICLE V. PILOTS AND PILOT COMMISSIONERS. SECTION 2429. Qualifications of pilots. 2431. Pilots to take official oath and give bond. 2433. Owners to compensate pilots for loss. 2434. Pilot to show commission or license, when. 2435. Pilots carried to sea or detained. 2436. Pilots for ports other than San Francisco, Mare Island, Benicia, and Humboldt Bay. 2437. Further duties of pilots. 2438. Violating regulations. 2439. Piloting vessels without license. 2440. Pilot Commissioners for San Francisco, Mare Island, and Benicia, how appointed. 2441. Pilot Commissioners for Humboldt Bay and Bar, how appointed. 2442. Term of office. 2443. Boards to organize, and meetings. 2444. Powers of President. 2445. Powers of the Boards. 2446. Secretaries of Boards, and records. 2447. Not to be interested in pilot boats. 2429. No person must be appointed a pilot unless he is an American citizen, over the age of twenty-one years, with a practical knowledge of the management of sailing vessels and steamboats, and of the tides, soundings, bearings, and distances of the several shoals, bars, rocks, points of land, lighthouses, and fog signals of the ports and harbors for which he is appointed, of good moral character, and temperate, with the skill and ability necessary to discharge the duties of pilot. NOTE.-Stats. 1850, p. 46; 1870, p. 344, Sec. 8; 1860, p. 74. In the case of The People ex rel. Palmer vs. Woodbury, 14 Cal., p. 43, it was held that a "pilot' sions and 2430. Pilots appointed by Commissioners must be Commiscarefully examined as to their qualifications, and if license. found to be qualified and worthy, must receive licenses as pilots for the term of twelve months. Whenever the Commissioners have cause for withholding a renewal of such license, notice thereof must be given to such pilot by the Commissioners ten days prior to the expiration of his license. NOTE.-Stats. 1850, p. 46, Sec. 8; 1860, p. 74, Sec. 7; 1870, p. 344, Sec. 8. 2431. Every pilot must execute an official bond in the sum of five thousand dollars, to be approved by the officer or Board appointing him. The bonds of pilots appointed by Commissioners must be filed with. such Commissioners. NOTE.-Stats. 1850, p. 46, Sec. 2; 1860, p. 74, Sec. 8; 1870, p. 344, Sec. 9. See Sec. 947, et seq., ante, as to bond. Pilots to take official oath and give bond. owner, etc., liable for pilotage. 2432. All vessels, their tackle, apparel, and furni- Vessel, ture, and the master and owners thereof, are jointly and severally liable for pilotage fees, to be recovered in any Court of competent jurisdiction. NOTE.-Stats. 1870, p. 349, Sec. 22. compen for loss. 2433. If any pilot, in endeavoring to assist or Owners to relieve any vessel in distress, suffers loss or damage in sate pilots his boats, sails, tackle, rigging, or appurtenances, the master, owner, or consignee of such vessel must pay the value of such loss or damage, to be ascertained by the Commissioners. NOTE.-Stats. 1860, p. 78, Sec. 33. |