and adjourn from time to time, according to adjournment or appointment. SEC. 5. The Commissioners may organize as a Board at any time after their appointment and qualification. After their organization they shall proceed to examine and license, in the manner prescribed herein, not more than four pilots, for the port of San Diego; provided, that nothing in this section shall be so construed as to remove any pilot until his commission shall expire. SEC. 6. No person shall 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, lighthouse, and fog signals of the port and harbor of San Diego. SEC. 7. Every pilot receiving a license shall, before entering on the discharge of his duties, take the oath prescribed by the Constitution of this State, which shall be indorsed upon his license, signed by him, and certified by the President of the Board; and shall give a bond in the sum of twenty-five hundred dollars, with two sureties, to be approved by the Board and recorded in the County Recorder's office of San Diego County, made payable to the State of California, and conditioned that he will faithfully perform all the duties required of him as a pilot under this Act, and will observe the rules and regulations and decisions of the Board. The pilots shall renew their bonds whenever the Board may deem it necessary and shall so order. In all cases where a pilot shall have been deprived of his license before the expiration thereof for any of the causes hereinafter specified, it shall be the duty of the President of the Board, provided a majority of the Board shall instruct, to place the bond of such pilot in the hands of the Attorney General of the State of California for collection. If any amount be collected thereon in such suit, it shall be paid to the Board and shall constitute a Fund out of which it shall be the duty of the Board to provide rewards to encourage the relief of vessels and passengers in distress, and generally to encourage the pilots in the energetic performance of their duties. NOTE.-See Sec. 947, et seq., anté, as to the bond. SEC. 8. It shall be the duty of every pilot in charge of a vessel arriving in the harbor of San Diego to have the vessel safely moored in such a position as the master may direct. SEC. 9. Every pilot carried to sea against his will, when a pilot boat is in attendance to receive him, shall be entitled to receive the sum of eight dollars per day while absent, which sum may be recovered from the master or owner of the vessel so taking him away; provided, the amount herein allowed to be recovered shall in no case exceed one thousand dollars. SEC. 10. Any pilot may be deprived of his license before the expiration thereof for the following causes: First-For refusing to exhibit his license when requested to do so by the master of any vessel he may have boarded. Second-For habitual or occasional intoxication, whether the same shall occur while in charge of a pilot boat or at any other time. Third-For negligently, ignorantly, or willfully running any vessel on shore or otherwise rendering her liable to injury; provided, that any pilot deprived of his license under this subdivision shall thereafter be ineligible to a license as a pilot under this Act. SEC. 11. Any person not being the master or owner, not holding a license as pilot, who shall pilot any vesvel into or out of the harbor of San Diego shall be deemed guilty of a misdemeanor, and on conviction in any Court of competent jurisdiction shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding ninety days. SEC. 12. All vessels, their tackle, apparel, and furniture, and the master and owners thereof, shall be jointly and severally liable for pilotage fees, to be recovered in any Court of competent jurisdiction. SEC. 13. When two or more pilots shall offer their services to a vessel outside of a line from Punto Lomas and the southeast end of Zuinga Shoal, the pilot first offering his services shall have the preference; and if the master of any vessel shall refuse to observe such rule of preference, and to take the pilot entitled to be preferred on board, the vessel, her appurtenances, the master and owner thereof, shall be jointly and severally liable to the pilot entitled to such preference for one half of the amount of pilotage he would have been entitled to claim had his services been accepted. SEC. 14. The following shall be the rates of pilotage into and out of the harbor of San Diego: all vessels under five hundred tons, five dollars per foot draught; all vessels over five hundred tons, five dollars per foot draught, and four cents per ton for each and every ton of registered measurement; all vessels engaged in the SEC. 15. All pilots absenting themselves from San SEC. 16. This Act shall take effect and be in force from and after its passage. ARTICLE VIII. PORT WARDENS. SECTION 2501. Number of Port Wardens, term of office. 2501. 2502. Bonid for San Francisco. 2503. Duty of Wardens. 2504. To keep open record. 2505. Surveys, and what same must set forth. 2506. May call assistance, but no charge therefor. 2507. Sales of wrecks, vessels, and merchandise for foreign underwriters. 2:08. Notice of sale, how given. 2509. Wardens not to be connected with insurance. 2510. Fees for surveys and certificates. 2511. Penalty for any one to act as such who is not a Port There are four Port Wardens for the port and harbor of San Francisco, and one for each and every other port of entry within this State. Foard for San 2502. Of the Wardens appointed in San Francisco two or more must be master mariners. They must Francisco. act in concert in the discharge of their duties, and are known as the Board of Port Wardens for the port of San Francisco. Duty of To keep open record. Surveys, and what set forth. 2503. The Port Wardens, when required by any person interested in either vessel or cargo, must survey any vessel arriving in distress, or which has sustained damage or injury at sea, and survey in whole or in part the cargo thereof; and must survey the hatches, stowage, and cargo of all vessels laden with general or assorted merchandise belonging or consigned to various parties. 2504. They must keep in a book provided for such purpose a record of all surveys, signed by the Warden making the survey, at all times open for inspection by any person interested in the vessel or cargo surveyed, of which all persons requiring them must be furnished with copies certified under the hand of the Warden or one of the Board of Wardens and seal of the Board, on payment of the fee therefor. 2505. In all surveys made by a Port Warden he same must must set forth clearly and fully the nature of the damage; if of merchandise, whether from actual contact with sea water or through the excess of water in the hold of the vessel, or from the humidity or sweat of the hold, bad stowage, or from such other cause by which in his judgment the damage has been occasioned. If the survey is of a damaged vessel he must give a full account of all the loss and injury which she has sustained, and recommend the repairs. He must state the value of the vessel in her damaged condition, and also the value of the repairs recommended, setting forth what parts are to be supplied anew and what parts to be put in repair. May call assistance, but no charge therefor. 2506. Whenever a Port Warden deems it necessary he may call to his assistance, on a survey, a ship carpenter, rigger, sailmaker, or other person practically acquainted with the merchandise to be surveyed or parts of the vessel to be repaired, who must be sworn to examine properly and to render with the Warden a correct and faithful report of the surveys. No additional charge must be made therefor to the vessel unless their survey is required by the owner or agent thereof. 2507. All wrecked or damaged vessels, or materials from the same, and all merchandise sold at public auction for account of underwriters residing abroad, when required by any party having an interest in the same, or for account of whom it may concern, or upon which claims are to be made against underwriters residing abroad, must be sold under the inspection of a Warden of the port where such sale is made. And the Warden must separate sound goods from those damaged, and certify specially the nature, and, as far as can be done, the extent of such damage. No Port Warden has authority to sell or dispose of any property that may have been surveyed by him without the consent of the owner or agent of the same; nor when the settlement of losses has been agreed upon in writing by the parties interested and a copy thereof given to the Warden. NOTE-See "Marine Insurance," Vol. 2, Civil Code 2508. In case sales are made at auction under the direction of the Port Warden, he must give at least three days notice of the same by publication in some newspaper published in the county where the survey is made, describing the articles to be sold; and if merchandise, the vessel by which imported; and if a wrecked or damaged vessel or materials of the same, the name of the vessel and where from. If no newspaper is published in the place where the sale is made, |