Wardens not to be with insurance. then a written notice of such sale must be posted up in the vicinity. 2509. No Port Warden must, either directly or connected indirectly, have any connection with insurers of this State, or of any other of the States, or of foreign countries, or with the agents or representatives of such insurers, so far as his duties as Port Warden are concerned. He must not in any manner be interested, directly or indirectly, in any repairs he may recommend, nor in any vessel, cargo, or portion of cargo he may be required to survey. Fees for surveys and certificates. Penalty for any one to who is not a Port Warden. 2510. For each and every survey the Port Warden is entitled to fifteen dollars, to be paid by the owners, masters, or consignees, the amount not to exceed altogether for any one vessel the sum of seventyfive dollars. Foreign vessels, not admitted by treaty on terms of equality with American bottoms, must pay fifty per cent advance on this rate. For all separate certificates of surveys required by different consignees he is entitled to a fee of two dollars and a half, and for each order of sale he is entitled to ten dollars. 2511. Any person other than a Port Warden, act as such appointed according to law, who performs any of the duties of such officer prescribed in this Article is liable to a penalty of not less than five hundred dollars nor more than one thousand dollars for each offense, to be recovered in any Court of competent jurisdiction by the Warden or Board of Port Wardens, in the name of the people of the State of California. NOTE.-Stats. 1853, p. 44. See Penal Code Cal., Secs. 65-75, exercising functions of an office without qualifying, or otherwise wrongfully. ARTICLE IX. SAN FRANCISCO HARBOR AND STATE HARBOR COMMISSIONERS. SECTION 2521. Commissioners to give bonds. 2522. San Francisco water front, and duties of Commis- 2523. Further duties of Commissioners. 2524. The purposes for which the Board hold this property. 2526. The Board to lease wharves. Advertise terms. 2527. Provide for collecting revenue. 2528. Office, powers, and duties of Board. 2529. Revenue to be paid into State Treasury, and how drawn. 2530. To report to Controller of State. 2531. Duty of State Treasurer. 2532. Provision for improvements. Advertise for proposals. 2533. Open bids and award contracts. 2534. Commencement and extent of wharves. 2535. What to be used for docks, etc. 2536. Not to use slips and must lay out street. 2537. What devoted to public use. 2538. To make and file map. 2539. Commissioners to fix tolls. 2540. Wharfage to be a lien. 2541. All Commissioners to sign contracts. 2542. Report of Commissioners. 2543. Secretary to estimate surplus fund. 2544. Erection of seawall. 2545. Vacancies. 2546. Duty of Attorney General. 2547. Salaries of Commissioners and Secretary. 2548. Eligibility of officers. 2549. Lessees of wharves. 2550. Dredging docks not leased. 2551. Commissioners may employ counsel. 2552. To appoint Engineer to superintend seawall. 2554. Office rooms. 2521. Each member of the Board of State Harbor Commissioners must give to the State of California a bond in the sum of fifty thousand dollars, with two or more sufficient sureties, conditioned for the faithful 59-VOL. I. Commisgive bonds. sioners to performance of the duties required of him under this Article, which bond must be approved by the Governor and State Treasurer, by writing indorsed thereon. The Commissioners must not be sureties for each other, nor must any State officer or member of the Legislature be accepted as surety on their official bonds. NOTE.-Stats. 1863, p. 406, Sec. 1; 1863-4, p. 138, Sec. 1; see Secs. 947-958, ante, inclusive, as to the bond. The Stats. 1863-4, p. 138, Sec. 1, provided for the election of three Harbor Commissioners, "one of whom shall be elected by the qualified electors of the State, at the same time and in the same manner as members of the Assembly are elected; one of them shall be elected by the members of the Senate and Assembly in Joint Convention, on such a day and at such an hour as may be agreed to by both Houses; and one shall be elected by the qualified electors of the City and County of San Francisco, at the same time and in the same manner as municipal officers are elected in said city and county. Each of said Commissioners shall hold his office for the term of four years, and until his successor is elected, commissioned, and qualified, as in this Act provided, except the Commissioners first elected, who shall hold their offices as follows: The first Commissioner elected by the Legislature in Joint Convention shall be elected at the present session, and shall hold his office for one year from the date of the first meeting of the Board as in this Act provided, and until his successor is elected and qualified; the first Commissioner elected by the qualified electors of the City and County of San Francisco shall hold his office for two years from the date of the first meeting of the Board, and until his successor is elected and qualified; and the first Commissioner elected by the qualified electors of the State shall hold his office for four years, and until his successor is elected and qualified. The first Commissioner elected by the qualified electors of the State shall be elected at the general election in eighteen hundred and sixty-three, and the first Commissioner elected by the qualified electors of the City and County of San Francisco shall be elected at the election for municipal officers in said city and county in eighteen hundred and sixty-three." This Code omitted to provide for the future elections of Harbor Commissioners. The section above given being repealed the present incumbents will, by the provisions of the Code and of the Constitution, hold their offices until their successors are elected and Francisco water duties of front, and Commissioners. 2522. They have possession of all that portion of San the Bay of San Francisco along the water front of the City and County of San Francisco and adjacent thereto, to the distance of six hundred feet into the waters of the bay, from the line of the water front, as defined by an Act of the Legislature of this State, approved March twenty-sixth, eighteen hundred and fifty-one, together with all the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith or in anywise appertaining thereto, excepting such portions of the water front as are held under valid leases; and must also take possession and have control of any and all such portions of the water front, with the improvements, rights, privileges, franchises, easements, and appurtenances as are held under valid leases, if any exist, as soon as the leases respectively expire or become void. NOTE-Stats. 1863, p. 406, Sec. 2; 1863, p. 4, Sec. 2. The water front of the City of San Francisco and the tide lands of San Francisco harbor have been the subject of much legislation and numerous decisions thereon by our Supreme Court. As the various Acts made different provisions for the protection of the harbor and disposition of the lands for that purpose, nothing more will be here attempted than to call attention to the various Acts. Numerous decisions are here referred to arising under the Act of March 26, 1851, defining the water front. The title of the State, how acquired, and construction of the grant by the State, see Chapin vs. Bourne, 8 Cal., p. 294. No conditions were imposed Further duties of Commissioners. by this Act. See Holladay vs. Frisbie, 15 Cal., ante. 2523. They must investigate and ascertain by what authority any portion of the water front is possessed and held by persons adversely to the possession of the State, and must publish the result of their investigations in one of the newspapers printed and having the largest circulation in the City and County of San Francisco; and if any person in the possession of any portion of the water front, holding the same adversely to the State, when required by the Commissioners to make known to them the authority by virtue of which he claims to hold such possession, refuses or neglects to make the same known, the Commissioners must institute the proceedings necessary to discover and determine the nature of such authority; and the costs of such proceedings must be paid and recovered from the person in such adverse possession and so refusing. The Commissioners may institute actions for the possession of any portion of the water front, or of any wharf or other right, privilege, franchise, rent, or wharfage thereof; for breach of any lease or contract made with them as such Commissioners, or for the removal of obstructions and abatement of any and all |