steamers from Panama connecting with the Panama Railroad, touching at said port of San Diego, bound to other coast ports, shall be exempt from all charges for pilotage unless a pilot be actually employed. SEC. 15. All pilots absenting themselves from San Diego for more than thirty days shall forfeit his commission, except in case of sickness. SEC. 16. This Act shall take effect and be in force from and after its passage. Number of Port Wardens, term of office. Board Duty of ARTICLE VIII. PORT WARDENS. SECTION 2501. Number of Port Wardens, term of office. 2502. Board 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. 2508. 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 Warden. 2501. 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. 2502. Of the Wardens appointed in San Francisco two or more must be master mariners. They must act in concert in the discharge of their duties, and are known as the Board of Port Wardens for the port of San Francisco. 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. open 2504. They must keep in a book provided for To keep such purpose a record of all surveys, signed by the record. 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 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. Surveys, and what same must set forth. assistance, charge 2506. Whenever a Port Warden deems it neces- May call sary he may call to his assistance, on a survey, a ship but no carpenter, rigger, sailmaker, or other person practically therefor. 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. Sales of wrecks, 2507. All wrecked or damaged vessels, or matevessels, and rials from the same, and all merchandise sold at public merchan dise for foreign under writers. Notice of sale, how given. Wardens not to be with 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. 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, 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 insurance. 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. 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, 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. 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. 2525. Secretary of the Board. Bond and duties of. 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. Commis sioners to SECTION 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. 2553. Appoint Assistant Secretary. 2554. Office rooms. 2521. Each member of the Board of State Hargive bonds. bor 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 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 Legisla ture be accepted as surety on their official bonds. San Francisco water front, and duties of Commissioners. 2522. They have possession of all that portion of 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 |