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Pilot to show commission or license, when.

Pilots carried to

sea or

detained.

Pilots for
ports other
than San
Francisco,

Mare
Island,
Benicia,
and
Humboldt
Bay.

2434. Every pilot, on boarding a vessel, when required by the master thereof, must exhibit his commission or license as pilot. A refusal so to do subjects him to a forfeiture of his commission or license, and to a recovery of fifty dollars on his bond in a suit instituted for that purpose by the authority appointing him.

NOTE.-Stats. 1870, p. 344, Sec. 23; 1860, p. 74, Sec. 19.

2435. Every pilot carried to sea against his will, or unnecessarily detained on board of a vessel when a pilot boat is in attendance to receive him, is entitled to receive the sum of eight dollars per day while necessarily absent or detained, not to exceed in the aggregate the sum of one thousand dollars in any one case, which sum may be recovered by action against the master or owner of the vessel so taking him away. NOTE.-Stats. 1850, p. 46, Sec. 7; 1860, p. 74, Sec. 28;

1870, p. 344, Sec. 18; 1860, p. 77, Sec. 26.

2436. Pilots for all the ports in this State, other than San Francisco, Mare Island, Benicia, and Humboldt Bay, are governed by the following regulations:

1. They must keep, for the purpose of piloting, at least one boat for every six pilots, in good condition, and seaworthy, sufficiently large to cruise in heavy weather, to be exclusively used as a pilot boat;

2. They must cruise at least ten marine miles seaward from the headlands at the entrance of the port;

3. They shall receive for piloting every vessel into or out of port the sum of eight dollars per foot draught;

4. When the person commanding any vessel refuses to take a pilot, the pilot first offering his services is entitled to half pilotage;

5. For incompetency, neglect of duty, or other good cause, the Governor may suspend or remove any pilot appointed by him;

6. They must strictly observe and obey all legally established quarantine regulations.

NOTE.-Stats. 1850, p. 46, Sec. 3.

2437. When cruising off or standing out to sea, pilots must go to a vessel nearest to shore, or in the most distress, under a penalty of one hundred dollars; for refusing to go on board a vessel when required, a like penalty of one hundred dollars may be imposed; in either case, upon conviction, the pilot may be suspended or expelled, at the discretion of the Commissioners.

NOTE.-Stats. 1860, p. 78, Sec. 33.

Further pilots.

duties of

regula

2438. For every violation of the duties and regu- Violating lations herein specified, the pilot so violating is liable tions. on his official bond to the party aggrieved to the amount of the damages sustained.

NOTE.-See Sec. 176, Penal Code Cal.

Vessels

license.

2439. Any person not the master or owner, and Piloting not holding a commission or license as a pilot, who without pilots any vessel into or out of any harbor or port of this State for which there are commissioned or licensed pilots, must be punished therefor as provided in THE PENAL CODE, Section 379, and must pay to the pilot entitled to pilot such vessel the amount of pilotage or towage collected by him.

NOTE.-Stats. 1870, p. 345, Sec. 17; 1860, p. 77, Sec. 11. See Sec. 379, Penal Code Cal.

missioners

Pilot Com-
for San

Francisco,
Mare

and, and

how

2440. There must be appointed by the Governor, by and with the advice of the Senate, three experienced and competent shipmasters or nautical men, citizens of the United States, and residents in either Benicia, of the Cities of San Francisco, Oakland, Vallejo, appointed. or Benicia, or of the Towns of Brooklyn or Alameda, a Board of Pilot Commissioners for the ports of San Francisco, Mare Island, and Benicia.

Pilot Commissioners for Humboldt Bay and Bar, how appointed.

Term of office.

Boards to organize, and

meetings.

Powers of
President.

NOTE.-Stats. 1870, p. 344, Secs. 1-23. The Board of Pilot Commissioners being entrusted with discretionary duties are in the nature of judicial officers, and are not as such civilly responsible for their official acts. Donner vs. Lent, 6 Cal., p. 94. In making appointments of pilots the Board must select from the persons having the required qualifications.-People ex rel. Palmer vs. Woodbury, 14 Cal., p. 43; see, also, Flynn vs. Abbott, 16 Cal., p. 358; Harrison vs. Green, 18 Cal., p. 94.

2441. There must be appointed by the Governor three Pilot Commissioners for Humboldt Bay and Bar. Two of the persons so appointed must be resident business men and the other a shipmaster or nautical man, and a resident of Eureka, Humboldt County, who must constitute a Board of Pilot Commissioners for Humboldt Bay and Bar.

NOTE.-Stats. 1860, p. 74.

2442. The Commissioners hold their offices during the pleasure of the power appointing them, not exceeding four years from the date of their commissions.

NOTE.-Stats. 1870, p. 344, Sec 3; 1860, p. 74, Sec. 2.

2443. The Commissioners must organize as Boards respectively by the election of Presidents, Secretaries, and Treasurers. They must provide for themselves offices, in which they must meet as follows: The "San Francisco Board" must meet once a month in the City of San Francisco, and the "Humboldt Board" must meet at Eureka on the first Mondays in January, April, July, and October.

NOTE.-Stats. 1860, p. 75, Sec. 3; 1870, p. 345, Sec. 4.

2444. The President of each Board is authorized to administer oaths in regard to any matter properly before it and to issue subpoenas in like cases for witA witness disobeying such subpoena served on him must pay to the Board one hundred dollars,

nesses.

for which judgment may be recovered by the President in a civil action.

NOTE.-Stats. 1870, p. 345, Sec. 4.

the Boards.

2445. Each Board must make by-laws and rules Powers of for the government of pilots appointed by it; and may adjourn their regular meetings from time to time. The Humboldt Board must hold a special meeting on notice of one member, published in a newspaper in Humboldt County five days prior to the proposed meeting. The San Francisco Board may appoint a Secretary and fix his compensation, not to exceed the sum of two hundred and fifty dollars per month. The Secretary of the Humboldt Board must be one of the members thereof.

NOTE.-Stats. 1870, p. 345, Secs. 4, 5; 1860, p. 75,
Sec. 4.

2446. The Secretary of each Board must keep a journal of all its proceedings and acts, and a register of all pilots appointed, their residence and date of license; and must, under order of the Board, issue licenses to be signed by the President, and countersign the same. The Secretary of the Humboldt Board is the Treasurer thereof.

NOTE.-Stats. 1870, p. 345, Sec. 5; 1860, p. 75, Sec. 4.

2447. Neither the Commissioners nor their Secretaries must have any interest in any pilot boat or steam tug, nor in the earnings thereof, other than for compensation as herein provided. Any one violating this section forfeits his office.

NOTE.-Stats. 1870, p. 345, Sec. 6.

Secretaries

of Boards,

and records

Not to be interested

in pilot

boats.

To examine and license pilots and tug boats.

Steam tug boat license.

ARTICLE VI.

PILOT REGULATIONS FOR SAN FRANCISCO, MARE ISLAND, AND

BENICIA.

SECTION 2457. To examine and license pilots and tug boats.

2458. Steam tug boat license.

2459. Duty of pilots to arrest.

2460. To render monthly account of pilotage.

2461. Board may revoke license.

2462. Causes for revocation.

2463. Complaint against pilot to be verified, and how dis

posed of.

2464. Decision of Boards to be final.

2465. Certain pilotage to be agreed on.

2466. Rates of pilotage.

2467. Pilotage of outward bound vessels.

2468. Certain vessels exempt from pilotage.

2457. The Board of Commissioner must examine and license, in the manner prescribed, not less than fifteen nor more than twenty pilots for the port of San Francisco, and not more than two pilots for the ports of Mare Island, Vallejo, and Benicia, exclusive of steam tug pilots. They must also license for the same ports pilots solely for the purpose of being attached to steam tug pilot boats, capable of towing and piloting vessels of such registered tonnage as may be specified in the license. Whenever a steam tug pilot boat is licensed, the license must state whether it is limited or unlimited. If it is limited to a class of

vessels, it must specify the maximum of tons regis tered measurement of vessels it is licensed to tow or pilot.

NOTE.-Stats. 1870, p. 345, Sec. 7.

2458. Pilots must at all times keep for their exclusive use boats of such description and good condition as directed by the Board. Whenever a pilot is licensed to be attached to a steam tug pilot boat, the license must contain the name of the pilot and the name and steam power of such boat; and in all cases,

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