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Penalty for acting as ferry keeper without license.

-how fixed.

forfeit the sum of one hundred dollars for such offence, to be recovero ed before any justice of the peace of the county where such offence shall be committed; said action to be brought upon complaint; and if the party charged with the offence aforesaid shall be convicted of the same, said justice shall require the amount of the judgment to be immediately paid into court; or secured to the satisfaction of the justice. And if the party convicted shall fail to comply with either of the above requirements, he, she, or they, shall stand committed until said judgment and costs of prosecution are paid. Said justice may likewise order the boat, or boats, so used as aforesaid, to be seized and secured, so as to prevent their being used for the purpose of ferrying. And if any licensed ferry keeper shall be damaged in consequence of the running of a ferry boat, without authority of law, he, she, or they, running said boat, or participating in any manner in the same, shall be liable to such ferry keeper in an action, instituted

before any tribunal having jurisdiction of the same. (1) Rates of ferriage Sec. 19. The rates of ferriage shall be fixed by the court of ses.

sions at the time of licensing the ferry; and from time to time there

after as they shall think proper. Revoking license

Sec. 20. If any ferry or ferries, which now are or may hereafter to keep a ferry.

be established, shall not be furnished with the necessary boat or boats and ferrymen within one month after the establishment thereof, and continue to be so furnished, or if the proprietor shall, at any time thereafter, wilfully neglect to attend to the same, it shall and may be lawful for the court of sessions for the county wherein such ferry or ferries may be situate, on complaint to them made, to cause the proprietor or proprietors of such ferry to be summoned to show cause, at the next sitting of the court of sessions, why the license to the proprietor of such ferry should not be revoked; and the court of sessions shall revoke such license, or dismiss such complaint, according to the testimony adduced, and may award costs against the complaint, if such complaint is dismissed, or against the proprietor or proprietors, if the ferry be vacated.

Sec. 21. If any person shall think himself or herself aggrieved aggrieved by

by the establishment or vacation of a public ferry by the court of ferry may appeal sessions, under this act, he or she shall have the right to appeal to

the district court of the district in which the county is situated, upon filing bond within thirty days, payable to the treasurer of the county, with security to be approved by the county judge, and conditioned for the due prosecution of said appeal, and payment of all costs, if

Persons

establishment or vacation of a

to district court.

(1) Amendment inserted from Stat., 1851, p. 183.

judgment be rendered against such appellant; and the county judge shall cause said bond, with a certified copy of the proceedings of said court, and all the original papers filed in the cause, to be filed in the office of the clerk of the district court, within twenty days thereafter; and the cause shall be docketed for the ensuing term, and further proceedings had and judgment rendered therein as in other cases of appeal.

Sec. 22. Any licensed ferry keeper who shall neglect or refuse to Penalty on ferry set over at his ferry, during the hours of daylight, any person or ing to set over property, without unnecessary delay, shall be fined in any sum not property. exceeding one hundred dollars, and shall, moreover, be liable to the party injured in a civil action.

Sec. 23. Any person having a license to keep a ferry, and who Renewal of has kept such ferry in accordance with the law, shall be entitled to have such license renewed for one year, from the date of the expiration of the same. (1)

CHAPTER CXXXV.

AN ACT Supplementary to an Act creating and regulating Public

Ferries, passed March eighteenth, one thousand eight hundred and fifty. (2)—[Passed April 14, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 1. The second section of the act entitled An act creating Former act and regulating public ferries, passed March eighteenth, one thousand explained. eight hundred and fifty, shall not be construed so as in any wise to apply to the Bay of San Pablo, Suisun, San Francisco and Monterey, or any other bay or arm of the sea within the limits of the state, or their shores, and so much of said section as can be so construed is hereby repealed, and the navigation of said bays, and the transporta- Bays or arms tion of freight, or passengers, across, through, and over the same exempted. shall be free and cxempt from the restriction of any ferry laws now in force in this state : Provided, that nothing in this act shall be so Proviso. construed as to affect any ferry now established, or that may be hereafter established on the straits of Carquines, between Mare Island and Navy Point.

(1) This 23d section is added from Stat., 1851, p. 184, where it occurs as section 4 of an amendatory act.

(2) See ante, chap. 134.

CHAPTER CXXXVI.

AN ACT to provide for the Disposition of certain Property of the

State of California. [Passed March 26, 1851.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Boundaries of San Francisco beach and water lots.

Section 1. All the lots of land situated within the following boundaries, according to the survey of the city of San Francisco, and the map or plat of the same now on record in the office of recorder of the county of San Francisco, are known and designated in this act as the San Francisco beach and water lots; that is to say, beginning at the point where the eastern line of Simmons street intersects the southern boundary line of the city; thence northerly on the eastern line of Simmons street, to the southern line of South street; thence easterly on the southern line of South street to a point three hundred and seventy-five feet easterly from Simmons street; thence at right angles to South street, northerly to the eastern line of Hubbel street ; thence easterly on the line of Hubbel street, two hundred and seventyfive feet; thence northerly at right angles to Hubbel street, to the southern side of Hooper street; thence easterly on the southern line of Hooper street, to the eastern line of Fifth street; thence northerly on the eastern line of Fifth street, to the southern line of Channel street; thence easterly on the southern line of Channel street, to the eastern line of Third street; thence northerly on the eastern line of Third street, to the southern line of Berry street; thence easterly on the southern line of Berry street, to the eastern line of Second street; thence northerly on the eastern line of Second street, to the southern line of King street; thence easterly on the southern line of King street three hundred and seventy-five feet; thence northerly at right angles to King street, to the southern line of Townsend street; thence easterly on the southern line of Townsend street, to the eastern line of First street; thence northerly on the eastern line of First street, to the southern line of Brannan street; thence easterly on the southern line of Brannan street, to the eastern line of Beal street; thence northerly on the eastern line of Beal street, to the southern line of Bryant street; thence easterly on the southern line of Bryant street, to the eastern line of Spear street; thence northerly on the eastern line of Spear street, to a point within one hundred and thirty-seven and one-half feet of the southern side of Harrison street; thence

easterly at right angles to Harrison street, to the eastern side of Stuart street; thence northerly on the eastern line of Stuart street, to the southern line of Folsom street; thence easterly on the southern line of Folsom street, to the eastern line of East street; thence northerly on the eastern line of East street, to its point of intersection with the northern side of Jackson street; thence northerly at right angles with the northern side of Jackson street, to the northern line of Pacific street; thence westerly along the northern side of Pacific street, to the eastern line of Davis street; thence northerly along the eastern line of Davis street, to the northern line of Vallejo street; thence westerly along the northern line of Vallejo street, to the eastern line of Front street; thence northerly on the eastern line of Front street, to the northern line of Greenwich street; thence easterly on the northern line of Greenwich street, to the eastern line of Battery street; thence northerly on the eastern side of Battery street, to the northern line of Lombard street; thence westerly on the northern line of Lombard street, to the eastern line of Sansom street; thence northerly on the eastern line of Sansom street, to the northern line of Chestnut street; thence westerly on the northern line of Chestnut street, to the eastern line of Montgomery street; thence northerly on the eastern line of Montgomery street, to the northern line of Francisco street; thence westerly on the northern line of Francisco street, to the eastern line of Kearny street; thence northerly on the eastern line of Kearny street, to the northern line of North Point street; thence westerly on the northern line of North Point street, to the east line of Dupont street; thence northerly on the eastern line of Dupont street, to the northern line of Beach street; thence westerly on the northern line of Beach street, to the eastern line of Powell street; thence northerly on the eastern line of Powell street, to the northern line of Jefferson street; thence westerly on the northern line of Jefferson street, to the western line of Larkin street; thence following the line of ship's channel to the western boundary line of said city; thence southerly along the western boundary line of said city, to the natural high water mark; thence along the line of the said high water mark, to its point of intersection with the southern boundary line of said city; thence easterly along the southern boundary line of said city, to its point of intersection with the eastern line of Simmons street, being the place of beginning.

SEC. 2. The use and occupation of all the land described in the first Grant of section of this act is hereby granted to the city of San Francisco, for Sun Francisco. the term of ninety-nine years from the date of this act; except as hereinafter provided, all the lands mentioned in the first section of

said lcts to

this act, which have been sold by authority of the ayuntamiento, or town, or city council, or by any alcalde of the said town or city, at public auction in accordance with the terms of the grant known as Kearny's grant to the city of San Francisco; or which have been sold or granted by any alcalde of the said city of San Francisco, and confirmed by the ayuntamiento, or town, or city council thereof, and also registered or recorded in some book of record now in the office, or custody, or control, of the recorder of the county of San Francisco, on or before the third day of April, A. D. one thousand eight hundred and fifty, shall be and the same are hereby granted and confirmed to the purchaser or purchasers or grantees aforesaid, by the state relinquishing the use and occupation of the same and her interests therein to the said purchasers or grantees and each of them, their heirs and assigns, or any person or persons holding under them, for the term of ninety-nine years from and after the passage of this act : Provided, that the city of San Francisco shall pay into the state treasury twenty-five per cent. of all moneys hereafter arising in any way from the sale or other disposition of the property described in the first section of this act; the same to be paid within twenty days after its receipt by said city. The property known as the government reservation is exempt from the operation of this act; except that any estate held by virtue of any lease or leases, executed or confirmed by any officer of the United States on behalf of the same, shall be and the same are hereby granted and confirmed to the lessees thereof, and the written instrument whereby such lease or leases was made shall, in all actions brought by the lessees for the recovery of the lands so demised, be sufficient evidence of title and possession to enable the plaintiff to recover.

Sec. 3. That the original deed, or other written or printed instruments of conveyance, by which any of the lands mentioned in the first section of this act were conveyed or granted by such common council, ayuntamiento, or alcalde; and in case of its loss, or not being within the control of the party, then a record copy thereof, or a record copy of the material portion thereof, properly authenticated, may be read in evidence in any court of justice in this state, upon the trial of any cause in which the contents of the same may be important to be proved, and shall be prima facie evidence of title and possession to enable the plaintiff to recover the possession of the land so granted.

Sec. 4. That the boundary line described in section first of this nent water front. act, shall be and remain a permanent water front of said city; the

authorities of which shall keep clear and free from all obstructions

Evidence of title to said lots.

Said boundaries

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