Board to appoint

pilots.

SECTION 2488. Extra services.

2489. Full pilotage.

2490. Further fees.

2491. Claims against Board.

2476. The Humboldt Board may appoint for Hum

and remove boldt Bay and Bar such number of pilots as are necessary, subject to be removed by the Board at any time. NOTE.-Stats. 1860, p. 75, Secs. 5-9.

To make rules to govern themselves and pilots.

Pilots to be attached to

2477. The Commissioners may make by-laws and rules for their own government and for the government of the pilots, and fix penalties for the breach of the same a copy whereof they must furnish each pilot appointed. They may also suspend or revoke the licenses of pilots appointed by them, for incapacity or misconduct.

NOTE.-Stats. 1860, pp. 76, 77, Secs. 6, 9, 25.

2478. All pilots licensed or appointed for Humsteam boats boldt Bay must be attached to a steamboat well furnished and fitted for the service, having the necessary hawsers and spring lines suitable to cross and tow vessels over Humboldt Bar in ordinarily rough weather. Damages. Any damage to a vessel in tow of a pilot boat, resulting from negligence or carelessness, may be recovered of the pilot boat, its owners, or the pilots in charge thereof at the time the injury occurred; they are jointly and severally liable therefor.

Pilot having priority.

NOTE.-Stats. 1860, p. 75, Sec. 10.

2479. The pilot who brings any vessel into the port has priority in piloting or towing the same out, and the master of the vessel outward bound must

apply for pilotage or towage on board the pilot boat which brought the vessel in, and tender the pilotage or towage fee. Such pilot, or a suitable substitute, must immediately render the required service, and for a failure so to do forfeits his appointment. If the pilot,

in bringing the vessel in, was guilty of negligence or carelessness, he thereby forfeits his right of priority.

NOTE.-Stats. 1860, p. 75, Sec. 11.

2480. The following fees are collectable by the Pilotage pilots of Humboldt Bay:

1. For piloting vessels, eight dollars per foot draught;

2. For towage, an amount to be agreed upon between the parties.

NOTE.-Stats. 1860, p. 76, Secs. 11, 12.

2481. If any vessel bound for Humboldt Bay is lost or unnecessarily detained for want of a pilot or steam tug boat after raising a signal for a pilot within eight miles of the bar at the entrance of the bay, the pilots may be suspended or displaced by the Commissioners, and those guilty of negligence or inattention must pay to the Commissioners a sum not exceeding five hundred dollars, to be recovered in a suit by them, and are liable to the owners of the lost or detained vessel in the amount of damage resulting from such negligence or inattention. The Commissioners must publish all proceedings had in such cases.

NOTE.-Stats. 1860, p. 76, Sec. 13.

and towage.

Pilot

responsible

for loss or

detention

of vessel.

sioners to

forfeitures,

2482. The Commissioners must sue for and recover Commisall penalties and forfeitures from pilots, masters, or recover owners of vessels, or other persons, or from the vessels etc. violating any of the provisions of this Article. The money so collected must be paid into the County Treasury of Humboldt County, for the use of the public schools, the Commissioners first deducting therefrom, if sufficient, enough to defray their salaries and necessary expenses.

2483.

NOTE.-Stats. 1860, p. 76, Secs. 14-17.

The Commissioners must each receive the sum of four dollars per day for each day actually em

Compensa ployed in the discharge of their duties, and all neces

tion of Commis

sioners.

Secretary to publish receipts.

Pilots to observe

regula

tions.

License, how forfeited.

sary expenses for stationery, lights, and fuel used in their office, which sum must be deducted from the money's received by them before depositing the same in the County Treasury.

NOTE.-Stats. 1860, p. 76, Sec. 15.

2484. On the first week in January of each year the Secretary of the Board must cause to be published in a newspaper published in Humboldt County a full account of all the receipts and expenditures for the year previous.

NOTE.-Stats. 1860, p. 76, Sec. 18.

2485. The Commissioners of Humboldt Bay and Bar must strictly observe and enforce the following regulations:

1. A pilot absenting himself from his duty for more than two months forfeits his license;

2. Each pilot must apply for a renewal of his license ten days before the expiration thereof, otherwise it must not necessarily be renewed;

3. If a pilot becomes intoxicated while in charge of a vessel as pilot he must be suspended or dismissed and his license withdrawn.

NOTE.-Stats. 1860, p. 77, Secs. 20-24.

2486. Licenses of pilots are forfeited and must be withdrawn by the Board of Commissioners in the fol lowing cases:

1. A failure to renew his bond or sureties when required by the Board;

2. Willful violation of any duty prescribed by law or a regulation of the Board;

3. Negligently losing a vessel;

4. Mental derangement;

5. Habitual drunkenness.

Notice of any charge must be given to the pilot

accused, and an opportunity to defend himself given before his removal.

NOTE.-Stats. 1860, p. 77, Secs. 23, 24.

vessel.

2487. A pilot negligently losing a vessel must not Pilot losing thereafter receive a license as a pilot, and is liable for all damages sustained in consequence of such neglect. If a pilot negligently runs a vessel on shore, he must receive no pilotage; and he is liable on his bond for all damages sustained.

NOTE.-Stats. 1860, p. 77, Sec. 24.

services.

2488. The master, owner, or consignee of any Extra vessel to whom any pilot may have rendered, upon request of either of them, any extra service for the preservation of such vessel while in distress, must pay such pilot, in addition to his regular fees, such amount as the Commissioners determine to be a reasonable and just reward, if no special agreement has been made between such master, owner, or consignee of such vessel and the pilot.

2489.

NOTE.-Stats. 1860, p. 77, Sec. 29.

pilotage.

A pilot boarding any vessel displaying a Full signal for a pilot is entitled to receive full pilotage.

NOTE.-Stats. 1860, p. 78, Sec. 30.

fees.

2490. The Commissioners are entitled to charge Further for each license to a pilot a sum not exceeding fifty dollars; and any master of a coasting vessel, being an American citizen, can, upon application to the Pilot Commissioners, obtain a special license for the use of such vessel only, by paying the Commissioners for the same at the rate of one dollar per ton; all such vessels must be under one hundred and seventy-five tons burden.

58-VOL. I.

NOTE.-Stats. 1860, p. 78, Sec. 31.

Claims

against Board.

2491. All claims against the Commissioners must be considered at a stated meeting, and if correct must

be allowed and paid.

NOTE.-Stats. 1860, p. 78, Sec. 32.

Stats. 1871-2, pp. 650-652.

An Act to establish pilots and pilot regulations for the port of San Diego.

[Approved March 26, 1872.]

[Enacting clause.]

SECTION 1. It shall be the duty of the Governor to appoint one citizen, resident of San Diego, as Pilot Commissioner. The President of the Board of Trustees and the President of the Chamber of Commerce of said city shall be ex officio Pilot Commissioners. The three persons named shall constitute a Board of Pilot Commissioners, with the powers and duties as hereinafter provided.

SEC. 2. Each Commissioner shall, before entering upon his official duties, take the following oath or affirmation, which shall be indorsed on his commission, and shall be signed by him, and certified by the County Judge of the County of San Diego: "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of Pilot Commissioner, without fear, favor, or affection, according to the best of my ability."

SEC. 3. The Board of Pilot Commissioners shall hold their offices during the pleasure of the power appointing them, not exceeding four years.

SEC. 4. The Board of Pilot Commissioners shall meet at least once in each month. They shall elect one of their number President, who shall be authorized to administer oaths, and under his hand and private seal to issue subpoenas for the attendance of witnesses in all cases arising before the Board under this Act. A witness disobeying such subpoena shall forfeit and pay a sum not exceeding one hundred dollars, which may be sued for and recovered in a civil action, in the name of the President of the Board. It shall make by-laws and rules for its own government of the pilots, not inconsistent with the laws of this State or of the United States. A majority of such Board shall constitute a quorum for the transaction of business, and may meet