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at the office of the commissioner.

Rules for regu

Exccption. offence. This penalty is not incurred when the master of a vessel

acts as his own pilot, or in case of distress. Application for pilots to be made Sec. 28. (1) All applications for pilots for vessels outward bound

shall be made at the office of the commissioners, and the fee for pilotage shall then and there be paid, and the Secretary shall immediately pay over the same to the pilot, upon his application therefor. The pilot who has brought a vessel into port, and given notice to the Secretary of the fact, shall have exclusive right to take her out, unless he has misbehaved during the time he had charge of such vessel; and every pilot having a right, or being entitled to take a vessel out as aforesaid, may do so in person or procure another pilot out of the boat to which he is attached, to attend for him on such outward bound vessel: Provided, that the said pilot or his agent shall present himself whenever said vessel is ready for sea. Any person

who shall attempt to pilot out a vessel, not being entitled to do so, shall be liable to the pilot who had the right in the amount of pilotage due

or paid for carrying her out. lating pilots may

Sec. 29. The commissioners may make all needful rules and regube made.

lations for the government of the pilots, and establish penalties for the breach thereof, and shall prepare printed instructions for pilots, and furnish each of them with a copy of such rules, regulations, and

instructions, together with a copy of this act. pilots discharged Sec. 30. The pilot boats on the station, whenever a pilot is dis

charged from an outward bound vessel, shall give all reasonable aid petuun tantinecity for taking out and receiving such pilot, as also for sending him to the

city or quarantine. Fees to pilots. Sec. 31. The following fees shall be charged by the pilots of the

port of San Francisco :

1. For bringing in a vessel from or within a line of San Pedro, Farrallones, and Point de Los Reyes into the harbor, shall be eight dollars per foot draught.

2. For bringing in a vessel beyond the above-mentioned line, ten dollars per foot draught.

3. For piloting a vessel out of the harbor, eight dollars per foot draught.

4. Foreign vessels not entitled to equality by treaty shall pay one fourth more than the above rates.

5. American or foreign men of war, twelve dollars per foot draught, either inward or outward bound.

Pilot boats to aid

from outward bound vessels to

(1) Amendment inserted from Stat. 1852, page 202, Sec. 5.

services and re

ance.

Sec. 32. The pilotage from quarantine to the anchorage opposite Pilotage in cerSan Francisco, and for piloting vessels about the harbor, shall be at pends on agreed

ment of parties. such rates as may be agreed on between the parties.

Sec. 33. Any vessel with a pilot on board being detained more than Per diem allowtwenty-four hours by contrary winds, bad weather, or other cause not where vessels de

tained by bad the fault of the pilot, shall pay to such pilot the sum of eight dollars weather. per day, exclusive of his regular fees, for each day's detention, whether such vessel be inward or outward bound.

Sec. 34. The pilot first offering his services to any vessel shall be Pilot offering his entitled to half pilotage, though his services may be rejected; pro-jected to have vided that all vessels engaged in the coasting trade of this state or Proviso. Oregon, not exceeding one hundred and seventy-five tons burden, shall not be liable to the provisions of this section.

Sec. 35. Pilots blown off or carried to sea against their will, when Pilots einried to a boat is in attendance to receive them, shall be entitled to receive per diem allowthe sum of eight dollars per day while absent, which, if not paid by the master or owners, shall be collected from the consignee or consignees, or either of them.

Sec. 36. The master, owner, or consignee of any vessel to whom Pilots to be comany pilot may have rendered, upon request of either of them, any tra services. extra service for the preservation of such vessel, while in distress, shall pay such pilot, in addition to his regular fees, such amount as the commissioners shall determine to be a reasonable and just reward: Provided no special agreement shall have been made between such master, owner, or consignee of such vessel and the pilot.

Sec. 37. A pilot boarding any vessel having a signal for a pilot, Pilot to have full shall be entitled to receive full pilotage.

vessel signalling

for a pilot. Sec. 38. If a vessel, bound to San Francisco, be lost within the cases of vessels line of San Pedro, Farrallones, and de los Reyes, having had a signal for a pilot, and been in sight of either of the above named points, and weaved lost. to be not having been able to procure a pilot, the commissioners shall cause inquiry into the facts, when, if it shall appear that the pilots have been neglecting their duty, the commissioners shall suspend or displace the parties guilty, and shall publish the result of their investigations.

Sec. 39. The commissioners shall have power to assess all fines Assessment and and penalties, either on the pilots or any other person or persons, for penalties. a violation of any of the provisions of this act, and shall have power to sue for and collect the same in their own name; the money so collected shall be appropriated to the use and benefit of the Marine

unable to obtain a pilot, and after

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tures.

Hospital, which may be established at San Francisco, and paid to

such person as may be entitled by law to receive the same. Charge for pilot

Sec. 40. The commissioners shall be entitled to charge for each and every license to a pilot not exceeding the sum of fifty dollars,

and any master of a coasting vessel, being an American citizen, can, Special license. upon application to the pilot commissioners, obtain a special license

for the use of such vessel only, by paying unto said commissioners
for the same at the rate of one dollar per ton; all such vessels to be

under one hundred and seventy-five tons.
Commissioners
entitled to a per

Sec. 41. The commissioners shall be entitled to receive a per ings of pilots.

centage, which they shall determine upon the joint earnings of the
pilots, sufficient only to pay all necessary expenses for the employ-
ment of Secretary, rent of office, stationery, lights, and fuel; at the
end of twelve months, any surplus of such per centage over and above
such expenses,

shall be held in trust, and paid as prescribed in section
thirty-nine of this act.
Claims against Sec. 42. All claims against said commissioners shall be considered
commissioners.

at a stated meeting, and if correct shall be allowed and paid. Commissioners Sec. 43. At the expiration of every six months the Secretary to publish account of receipts shall cause to be published in a newspaper published in San Franand expendi

cisco, a full account of all the receipts and expenditures for the

said time. Pilots to go to

Sec. 44. When cruising off or standing out to sea, pilots shall go to the vessel nearest shore, or in the most distress, under a penalty of one hundred dollars, and for refusing to go on board a vessel when required, a like penalty of one hundred dollars shall be imposed, and in either case upon complaint and conviction, the pilot may be

suspended or expelled at the discretion of the commissioner.
Pilots to keep at Sec. 45. Pilots shall at all times keep a boat in good condition
worthy boat. and seaworthy, and of sufficient capacity to cruise seaward beyond

the headlands of the harbor, also such boarding or row boats as shall
be necessary

Sec. 46. If any pilot, in endeavoring to assist or relieve any res-
by pilot in endea-
voring to assist a sel in distress, shall suffer loss or damage in his boats, sail, tackle,
to be reimbursed rigging, or appurtenances, the master, owner or consignee of such
vessel shall

pay the value of such loss or damage to be assessed by the commissioners.

Sec. 47. Pilots heretofore appointed, or who may hereafter be appointed subject

appointed, shall conform to and be governed by the provisions of this

act and such quarantine laws as may hereafter be enacted. Repeal of former Sec. 48. That the act entitled “ An Act in relation to the appoint

vessels nearest the shore or in the most distress.

all times a sex

Logs sustained

to him.

Pilots heretofore

to this act.

act.

ment of pilots for the different ports and harbors of California,” approved January the eighth, one thousand eight hundred and fifty, so far as relates to the port of San Francisco, be, and the same is hereby repealed.

CHAPTER IX.

AN ACT in relation to the appointment of Pilots for the different

Ports and Harbors of California. (1)—[Passed January 8, 1850.]

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

Assembly, do enact as follows:

bonds.

SECTION 1. The Governor, by and with the advice and consent of Pilots to be ap

pointed. the Senate, is hereby authorized to appoint competent pilots for the ports and harbors of California : Provided that not more than six Proviso. pilots shall be appointed for each port, except the port of San Francisco, where not more than twelve shall be appointed.

Sec. 2. The pilots appointed under this act, shall first severally enter Pilots to give into bonds, with security, to be approved by the Governor, in the penalty of ten thousand dollars, for the faithful discharge of their duties; said bonds shall be made payable to the state of California, and deposited with the Secretary of State, for the benefit of parties injured by the forfeiture of said bonds. Sec. 3. It shall be the duty of the pilots appointed for the several At least one boat

for each six pilota ports of California, to keep for the purpose of piloting as aforesaid, to be kept. at least one boat or vessel for every sis pilots, in good condition and seaworthy, sufficiently large to cruise in heavy weather, to be exclusively employed as a pilot boat. Sec. 4. The said pilots appointed under this act, shall be author- Compensation to

pilots. ized to charge and receive for piloting every ship or vessel into or out of any port or harbor of California, the sum of eight dollars per

foot draught.

Sec. 5. When the master or person in charge of any ship or vessel Pilot entitled to shall refuse to take a pilot, the pilot first offering his services shall where master be entitled to half pilotage: Provided, always, that any vessel run- pilot. ning or trading between the different ports of California shall not be

refuses to take a

(1) This act is repealed so far as it relates to the port of San Francisco. See

Sec. 48, page 94.

Certain vessels
not liable to
pilotage.
Where pilots are
to cruise.

Weather.

liable to any charge for pilotage, except when the services of a pilot
have been actually accepted.

Sec. 6. It shall be the duty of the pilots appointed under this act,
to cruise at least ten marine miles seaward from the headlands, at the

entrance of the several ports of California. Compensation to pilots when de

Sec. 7. For every day which any one of the said pilots shall be tained by bad detained by head winds or bad weather, or other causes beyond his

control, on any ship or vessel, he shall be entitled to, and charge and
receive the sum of six dollars per day, in addition to his or their

pilotage as aforesaid.
Suspension or Sec. 8 The Governor shall have power to suspend or remove from
removal of pilots.

office any pilot appointed under this act, for incompetency, neglect

of duty, or other good cause in his opinion shown therefor.
Pilots appointed Sec. 9. The pilots appointed under the provisions of this act, shall
under this act
subject to any conform to and be governed by any law hereafter enacted by the leg.
subsequent act.

islature of this state, regulating or prescribing their duties, liabilities,
qualifications, and term of office.
SEC. 10. This act shall take effect from and after its

passage,

and a certified copy thereof filed in the office of the Secretary of State.

Commencement of act.

CHAPTER X.

AN ACT relating to San Diego Pilots. [Approved, January 27,

1853. (1)]

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

sembly, do enact as follows:

Laws and regulations.

Section 1. That the laws and regulations defining the duties and compensation of the pilots of San Francisco, shall apply to those of the port of San Diego.

Sec. 2. That all acts or parts of acts conflicting with the provisions , of this act are hereby repealed.

Former acts repealed.

(1) See page 86.

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