before the issuing of the license, satisfactory proof Samo. must be made to the Board that such steam tug pilot boat is of sufficient power to tow vessels of the tonnage for which it is licensed to and from sea, and to and from San Francisco, Vallejo, Mare Island, and Benicia, at ordinary times. Such steam tug pilot boats must have all the appliances needed for the service for which they are to be employed, and must have the certificate of the United States Inspector of Steamboats. A steam tug pilot can only act as pilot for and with the steam tug for which he is licensed, and for piloting and towing vessels of such tonnage, registered measurement, as may be named in his license. If any steam tug pilot boat undertakes to tow or pilot any vessel of a registered tonnage beyond that for which it is licensed, such steam tug pilot boat, her tackle and apparel, and the pilot and owner thereof, are liable for all damages. NOTE.-Stats. 1870, p. 345. pilots to 2459. Every pilot in charge of a vessel arriving Duty of in the port or harbor of San Francisco must safely arrest. moor the vessel in such position as the master of the vessel or Harbormaster may direct. He must prevent all persons (except officers of the State or Federal Governments, owners or consignees of the vessel or cargo, and persons admitted on the express order of the master) from boarding such vessel until she has been safely moored. To enforce the provisions of this section and other police regulations for the harbor, every pilot in charge of a vessel entering the harbor of San Francisco is authorized and empowered to arrest every one who, in opposition to the master's orders, persists in boarding such vessel, or who, having boarded her refuses to leave on the command of such master or pilot; when so arrested he must be immediately 57-VOL. I. To render monthly pilotage. brought before the Police Judge's Court, or admitted to bail, as provided in THE PENAL CODE. NOTE.-Stats. 1870, p. 347, Sec. 11. 2460. Every pilot of the harbors of San Francisco, account of Mare Island, Vallejo, and Benicia, must, once in each month, render to the Board an account of all moneys received by him or by any other person for him or on his account, and pay five per cent thereof to the Board, in full compensation for its official services, for the services of its Secretary and Treasurer, and all incidental expenses. Board may revoke license. Causes for revocation. NOTE.-Stats. 1870, p. 347, Sec. 12. 2461. The Board has power summarily to suspend pilots for misconduct, inattention to their duty, intoxication, or violation of any of the rules and regulations provided by the Board for the government of pilots, and to revoke the license of pilots for the causes hereinafter mentioned, upon due proof thereof, as hereinafter provided. The Board must immediately suspend every pilot complained of until the complaint is investigated and decided. NOTE.-Stats. 1870, p. 347, Sec. 13. 2462. Any pilot may be deprived of his license before its expiration for the following causes only: 1. For neglect, for thirty days after the same becomes due, as provided in the second preceding section, to render an account to the Board of Pilot Commissioners of all moneys received by him for pilotage; 2. For neglect, for thirty days after the same .becomes due, to pay over to the Board the five per cent on the pilotage money received by him; 3. For rendering to the Board a false account of pilotage received; 4. For absenting himself from duty for more than one month at any one time, except upon leave granted by the Board, or by reason of sickness or personal Same. injury; 5. For refusing to exhibit his license when requested to do so by the master of any vessel he may have boarded; 6. For habitual or occasional intoxication, whether the same occurs while in charge of any vessel as pilot or in charge of a pilot boat, or at any other time; 7. For negligently, ignorantly, or willfully running any vessel on shore, or otherwise rendering her liable to injury. Any pilot deprived of his license under this subdivision is thereafter ineligible to receive a license as pilot; 8. For willful violation of the rules and regulations adopted by the Board of Commissioners for the government of pilots. NOTE.-Stats. 1870, p. 347. against pilot to be verified, and how disposed of. 2463. No complaint against any pilot for any of Complaint the charges specified in the preceding section must be entertained by the Board, unless it is within the knowledge of the Commissioners or reduced to writing and verified, as in civil actions. When a written complaint is filed, the pilot accused must be forthwith served with a copy thereof by the Secretary, and required to appear and answer within ten days thereafter. If, upon the hearing of a complaint and the testimony in relation thereto, the Board adjudges the complaint well founded, and the pilot guilty of any of the acts or causes herein declared sufficient for depriving him of his license, the Board must by order so declare, and forthwith revoke his license. Such order must be entered of record in the minutes by the Secretary. NOTE.-Stats. 1870, p. 347. 2464. All the decisions of the Board, touching the revocation of licenses, suspension of pilots, and refusal to reappoint a pilot, as provided in the preceding sec Decision of Boards to be final. tion, are final and without right of review or appeal to any Court of law; but the Board may, in its discretion, grant a rehearing in any case for cause shown in writing, duly verified by the party affected thereby. NOTE.-Stats. 1870, p. 347. 2465. The pilotage inside the Heads to the anchorage opposite San Francisco and about the harbor, or between the harbor of San Francisco and the ports of Mare Island, Vallejo, or Benicia, must be at such rates as agreed on between the parties, not to exceed five dollars per foot draught. NOTE.-Stats. 1870, p. 349, Sec. 19. 2466. The following are the rates of pilotage into or out of the harbor of San Francisco: vessels under five hundred tons, five dollars per foot draught; ves sels over five hundred tons, five dollars per foot draught, and four cents per ton for each and every ton of registered measurement; vessels engaged in the whaling or fishing trades, one dollar per foot draught. When a vessel is spoken and the services of a pilot are declined, one half the rates must be paid. If the vessel is inward bound, the above rates, and one half rates in this section mentioned are chargeable only when the vessel is spoken off the entrance to the harbor, and outside the bar. In all cases where inward bound vessels are not spoken until inside the bar, the rates of pilotage, and one half pilotage, must be reduced fifty per cent. NOTE.-Stats. 1870, p. 349, Sec. 20. In the case of Harrison vs. Green, 18 Cal., p. 94, it was held that the half rates of pilotage, permitted by Section 23 of the Act of 1856 to be demanded and collected by pilots, was not "toll as the term is used in Section 4 of Article VI of the State Constitution. 2467. Any vessel in tow of a steam tug, outward bound, or between the harbor of San Francisco and the ports of Mare Island, Vallejo, or Benicia, is not liable for pilotage unless a licensed pilot is actually employed. If a pilot is employed by any outward bound vessel in tow of a steam tug not licensed, the rates of pilotage are one half the rates specified in the preceding section. NOTE.-Stats. 1870, p. 349, Sec. 21. vessels from 2463. All vessels coasting between San Francisco Certain and any port in Oregon, or in Washington or Alaska exempt Territories, and all vessels coasting between ports of pilotage. this State, are exempt from all charges for pilotage, unless a pilot is actually employed. A steam tug pilot boat is in no case allowed to charge for pilotage or towage unless the service of such boat is actually accepted. NOTE.-Stats. 1870, p. 349. See Field's Drft. Outl. Intern. Code, p. 198, et seq. In the United States a ship is called domestic or foreign in any State, according as it belongs to that State or another.-See id., Secs. 371-2-3-4. Many of the sections of the Act of 1870, enacted for San Francisco, Mare Island, and Benicia, have been made general, for the reason that they are equally pertinent and applicable to other ports, and for that reason are omitted in this, but included in the preceding Article, applicable to all. In note to Sec. 2491, post, will be found Act of 1872, relating to pilots, etc., of San Diego. ARTICLE VII. PILOT REGULATIONS FOR HUMBOLDT BAY AND BAR. SECTION 2476. Board to appoint and remove pilots. 2477. To make rules to govern themselves and pilots. 2479. Pilot having priority. 2480. Pilotage and towage. 2481. Pilot responsible for loss or detention of vessel. 2483. Compensation of Commissioners. 2484. Secretary to publish receipts. 2485. Pilots to observe regulations. 2486. License, how forfeited. 2487. Pilot losing vessel. |