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vessel when

of San Francisco must refuse or neglect to leave the To leave vessel after having been ordered to do so by the mas-ordered. ter or person having charge of such vessel, except those mentioned in Section 2459 of this Chapter.

keepers

returns.

2596. Every licensed boarding house or hotel Hotel keeper must make a return every Monday of each to make week, to the Marine Board, of the number of men boarding and lodging at his house, the number received, the number shipped during the week, and the number of men ready for shipment.

license

revoked.

2597. Upon satisfactory evidence of the disorderly When character of any licensed sailors' hotel or boarding may be house, or of the keeper or proprietor of any such house, or of maltreatment of any boarder or lodger therein, or of any force, fraud, deceit, or misrepresentation in inviting or soliciting boarders or lodgers for such house, on the part of such keeper or proprietor, or of any of his agents, runners, or employés, or of any attempt to persuade or entice any of the crew to desert from any vessel in the port of San Francisco, or of harboring or concealing any deserter from any vessel, knowing or having good reason to believe him to be such deserter, or of any other illegal or dishonest conduct by such keeper or proprietor, or of any of his agents, runners, or employés, the Board may revoke the license for keeping such house.

NOTE.-See Secs. 644 and 645, Penal Code Cal. "Harboring deserting seamen," etc.

master to

license.

2598. No person must carry on the business of a Shipping shipping master, or the business of shipping seamen procure or crews for vessels in the City and County of San Francisco, or ship or procure to be shipped seamen or crews for vessels lying or being in the harbor of San Francisco, for a compensation paid or to be paid for such service, without first having procured a license as provided for in this Article.

62-VOL. I.

1

No seaman shipped while intoxicated.

Violation

of Article.

Accounts against

seamen.

Deserters, who are,

treated.

2599. No seaman or other person must be shipped while in a state of intoxication, by any shipping mas ter licensed by the Board; and if any seaman comes or is brought to the office of any shipping master in a state of intoxication, the shipping master must cause him to be detained until he is sober and capable of acting intelligently.

2600. If any shipping master, or other person licensed under the provisions of this Article to open or carry on a shipping office, is guilty of a violation of any of the provisions hereof, or if such shipping master or other person, or his agent, servant, or employé, performs any illegal, oppressive, or unjust act in carrying on the business for which he is licensed, the Board, upon satisfactory proof thereof, may revoke the license granted to such person or his employer.

2601. If, at or previous to the time of the shipment of any seaman, any person files with the Board an account against such seaman for board, clothing, or other necessary things furnished him while in port since his last previous voyage, the Board must cause an investigation to be made as to the correctness of such account; and if the same is found correct and proper it is a lien on any wages to be paid for the voy age for which such seaman or person is shipped, and the Board has power to collect the same for the benefit of the party entitled thereto. The Board must make such regulations in regard to allowing accounts so presented as are calculated to prevent seamen in port from being furnished with intoxicating liquors.

2602. If any seaman, after shipping for a voyage and how on any vessel in the port of San Francisco and signing the shipping articles, refuses to render himself on board such vessel according to the terms of his agreement, or deserts from such vessel, he is a deserter, and may be arrested by any police officer on a certificate of the

fact of such shipment, signed by the President of the Board, and countersigned by the Secretary, in such manner as the rules or by-laws of the Board require. The police officer arresting such seaman must immediately carry him before a Justice of the Peace of the City and County of San Francisco, giving notice thereof at the office of the Board; and if such Justice on an investigation of the matter is satisfied that such person is not a deserter, he must discharge him from arrest; if otherwise, he must be turned over to the officers of the vessel.

regula

2603. The Marine Board may make such by-laws, Rules and rules, and regulations concerning the shipment of sea- tions. men, rates for board and lodging, the paying off of crews of vessels, the reference of controversies, and the general transaction of its business, and for the proper and faithful performance of the provisions of this Article as it may deem proper, which are not inconsistent with the Constitution and laws of this State or of the United States. The Chief of Police or City Marshal, with the force at command, must execute all orders of the Board.

violating

2604. Any person who violates any of the provis- Penalty for ions of this Article, and any Commissioner or Secretary Article. who receives any gratuity or reward other than as herein provided for, or on account of any license, must be punished as provided in Section 643 of THE PENAL CODE.

NOTE.-See, also, Secs. 644, 645, Penal Code.

to file

2605. The Board must, within ten days after the Board first day of July in each year, file in the office of the statement. Clerk of the City and County of San Francisco, a statement showing the number of licenses issued for the year next previous thereto, the number of licenses revoked, together with the names of the persons to whom issued, the street and number of the houses

Moneys
paid into
General
Fund.

Print and
distribute
Ponal
Police

Harbor
Laws.

licensed, the names of the persons whose licenses have been revoked, and the statement of the amount of moneys received by it during the year, specifying on what account such moneys have been received, and also an account of its disbursements.

NOTE.-See Sec. 176, Penal Code Cal., punishing omission of official duty.

2606. All fees and moneys for licenses received under this Article must be paid into the Treasury of the City and County of San Francisco to the credit of the General Fund; the salaries of the Commissioners and Secretary of the Board and other necessary expenses must be paid out of the General Fund of the Treasury of the city and county, and the Auditor must audit and the Treasurer pay the same.

NOTE.-See Sec. 425, Penal Code Cal.

2607. The Marine Board must have the penal laws, punishing violations of the preceding sections, and such regulations and instructions as they may prepare, printed and furnished to all the pilots of the harbor, who must deliver one copy thereof to the master of every vessel entering the harbor which he boards.

NOTE.-Stats. 1863-4, p. 446. To comply with this section, this entire Article, together with Secs. 643, 644, and 645, of the Penal Code, must be published together.

CHAPTER II.

HIGHWAYS.

ARTICLE I. ENUMERATION OF HIGHWAYS.

II. RULES AND RESTRICTIONS RESPECTING THEIR USE.
III. POWERS AND DUTIES OF HIGHWAY OFFICERS.

IV. HIGHWAY TAXES.

V. PERFORMANCE OF HIGHWAY LABOR AND COMMUTA

TION.

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highways.

2618. Highways are roads, streets, or alleys, and What are bridges, laid out or erected by the public, or if laid out or erected by others, dedicated or abandoned to the public.

NOTE.-Stats. 1855, p. 192, Sec. 1. A "highway"
"is
defined by Bouv., Vol. 1, p. 667, as a passage, road,
or street which every citizen has a right to use.-1 Bouv.
Inst., n. 442; 3 Kent Comm., p. 432; 3 Yeates, Penn.,
p. 421; the term "highway" is the generic name for all
kinds of public ways, whether they be carriage ways,
bridle ways, foot ways, bridges, turnpike roads, rail-
roads, canals, ferries, or navigable rivers.-6 Mod., p.
255; Angell Highw., Chap. 1; 3 Kent Comm., p. 432.
Highways are created by legislative authority, by dedi-
cation, or by necessity; each is treated separately, with
authorities enumerated, in 1 Bouv. L. Dict., p. 167, et
seq. The highways treated of in this Chapter are
known to our Courts under laws heretofore existing as
"roads and highways," created such by legislation
or action under legislative authority. This Chapter is
applicable only to those counties of the State which
have no local "road law." Whenever a local "road
law" is repealed and no other enacted to take its place,
this Chapter steps in and becomes the road law of
that county. Experience may prove that a general
road law, operating alike in all the counties, will avoid
much litigation and prove of great value to the public.

highways.

2619. Roads laid out and recorded as highways, Origin of by order of the Board of Supervisors, and all roads used as such for a period of five years, are highways. Whenever any corporation owning a toll bridge or a

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