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nuisances on the water front mentioned in this Article,
and to prosecute the same to final judgment.

NOTE.-Stats. 1863-4, p. 139, Sec. 2; 1863, p. 407,
Sec. 2. See note to preceding section.

purposes

the Board

hold this

2524. The Commissioners have possession and The control of the water front, with the improvements, for which rights, privileges, franchises, easements, and appurtenances connected therewith or in anywise appertaining thereto, for the following purposes and uses:

1. To keep in good repair all the seawalls, embankments, wharves, piers, landings, and thoroughfares for the accommodation and benefit of commerce;

2. To dredge such number of the docks as the commerce of the harbor may require to a depth that will admit of the easy ingress and egress of the vessels which load and unload at the wharves and piers;

3. To construct such new wharves, piers, landings, and thoroughfares as the wants of commerce may require;

4. To construct all works necessary for the protection of wharves, piers, docks, landings, and thoroughfares, and for the safety and convenience of shipping;

5. To provide for the construction, out of the surplus funds arising from the wharves, such seawalls or other structures along the water front of the City and County of San Francisco as upon accurate surveys made for that purpose are found necessary for the protection of the harbor and water front of the city and county. The structure must be commenced at some point between Harrison and Chestnut streets, on the water front, and be completed between these streets before any work upon the structure or seawall is done north of Chestnut street or south of Harrison street;

6. To collect such rents, tolls, wharfage, craneage, and dockage as may from time to time be fixed under authority of this Article.

NOTE.-Stats. 1863-4, p. 140, Sec. 3; 1863, p. 408,
Sec. 3.

property.

Secretary of the Board, bond, and duties of

The Board to lease wharves.

2525. They must appoint some suitable person to act as Secretary of the Board who is not a member. thereof. The Secretary, before entering upon the duties of his office, must give to the State of California an official bond, with two or more sureties, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties under this Article; which must be approved by the Commissioners in writing, and filed with the Secretary of State. The Secretary must keep in suitable books a record of all moneys received and disbursed by the Commissioners, and also of all contracts and agreements made and entered into by them; which record must be open to the inspection of the public during the usual business hours. The Secretary must perform such other duties properly pertaining to those of a Secretary as may be required of him by the Board. He must also, on the first Monday in January, April, July, and October in each year, file in the office of the Controller and Secretary of State, a statement, under oath, in the form of a balance sheet, containing a full exhibit of all moneys received and disbursed, the sources from which the same were received, and the purposes for which such moneys were paid out.

NOTE.-Stats. 1863, p. 409, Sec. 4; see Secs. 947-958, ante, inclusive, as to bond.

2526. Any and all wharves or other portions of the water front of the City and County of San Francisco which now are or may hereafter come into the possession of the Board may be by them leased separately for a term not exceeding three years. Before Adverte leasing any wharf or other portion of the water front, they must advertise for at least thirty days in a daily newspaper published in the City and County of San Francisco, inviting sealed proposals or bids therefor. The advertisements must contain all necessary information in regard to the terms of the leases, which

terms.

must be awarded to the highest responsible bidders. Same.
If all the bids are, in the opinion of the Commission-
ers, unreasonably low, they may reject them all, and
advertise for further bids in like manner as before. In
the leases the Commissioners must make provision, not
inconsistent with this Article, for the proper dredging
of the docks, repair of wharves, and construction of
all works necessary for the protection of wharves,
docks, and landings, as in their opinion the safety and
convenience of shipping may require.

NOTE.-Stats. 1863-4, p. 140, Sec. 5.

collecting

2527. Should the Commissioners be unable to lease Provide for any wharf or other work coming into their possession, revenue. they must employ some suitable persons to collect the revenue which may arise therefrom, and must pay a proper compensation therefor, not exceeding the rate of one hundred dollars per month to each person so employed, and not in any case exceeding the sum of two hundred dollars per month for collecting such revenue, and not exceeding the amount collected from such wharf or other work; and the persons so employed are required to file a satisfactory bond with the Commissioners sufficient to cover any amount of revenue which may at any time come into their hands. Each person so appointed must keep a correct account of all moneys by him collected in suitable books to be furnished him by the Commissioners, which books are open to the inspection of the public at all reasonable times; they must pay over to the Commissioners or to the Secretary of the Board all moneys collected as often as once in each week. No wharf or other work capable of being leased for a sum greater than one hundred and fifty dollars per month over and above the expense of keeping the same in repair and dredging the docks adjoining the same must be retained in the possession of the Commissioners, by virtue of the preceding part

Office, powers,

and duties of Board.

Revenue to be paid into State Treasury and how drawn.

of this section, for a longer time than six months without readvertising the same. Neither of the Commissioners nor the Secretary must ever be interested in any lease or contract made under the provisions of this Article.

NOTE.-Stats. 1863-4, p. 409, Sec. 5; 1863-4, p. 140, Sec. 4.

2528. The Commissioners must have an office in the City and County of San Francisco, to be kept open by the Secretary of the Board during business hours, and may purchase from time to time suitable books for the records of the Secretary and accounts of the wharfingers, together with such stationery as may be needed by the Board, the cost of which books, stationery, and office rent may be paid out of any moneys collected for tolls, rents, wharfage, and dockage. The title to all property purchased by moneys collected under this Article is in the State.

NOTE.-Stats. 1863, p. 410, Sec. 6.

2529. All moneys collected must be paid into the State Treasury by the Commissioners, as often as once in each month, in like currency as received, excepting the salaries of the Commissioners, Secretary, and the wharfingers, the office rent, cost of office furniture, books, stationery, lights, and fuel. The Commissioners are also authorized to expend not exceeding three thousand dollars per month in making improvements, repairs of the wharves demanded by urgent necessity, without advertising for proposals. The Commissioners must take vouchers for all sums of money expended by them under this Article, and safely keep the same on file in the office of the Board. For all sums of money paid by the Commissioners, excepting those above named in this section, they must draw their orders on the Controller of State, countersigned by the Secretary of the Board; and the Controller of State must draw his warrant on the State Treasurer,

who must pay the same out of any money in the Wharf and Dock Fund. No warrant must be drawn by the Controller upon the State Treasurer, as provided in this section, unless the order bears the signatures of all three of the Commissioners and the Secretary.

NOTE.-Stats. 1863-4, p. 142, Sec. 5.

2530. On the payment into the State Treasury, as provided in this Article, the Commissioners must report to the Controller of State the total amount of money received and disbursed by them for the period for which such report is made, and the amount to be paid into the State Treasury, and file with the Controller the receipt of the State Treasurer for the money so paid.

NOTE.-Stats. 1863-4, p. 142, Sec. 6; 1863, p. 410,
Sec. 8.

To report to of State.

Controller

2531. The State

Treasurer must receive all Duty of

State

moneys so paid by the State Harbor Commissioners, Treasurer. and keep the same in a separate Fund, to be known as the "State Wharf and Dock Fund," and pay out the same as provided in this Article. The State Treasurer must keep an accurate account of all moneys received and paid out under this Article in books kept solely for that purpose.

NOTE.-Stats. 1863, p. 410, Sec. 8.

for

ments.

2532. The Commissioners must make all improve- Provision ments deemed necessary, and designate the time and improvemanner of making the same. When they determine that repairs must be made, a new wharf constructed, a dock dredged, or other improvements made, they Advertise must advertise for sealed proposals for at least ten days proposals. in one of the newspapers printed and published in the City and County of San Francisco, and let out all contracts made to the lowest responsible bidder. The

60-VOL. I.

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