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Exception. offence. This penalty is not incurred when the master of a vessel. - acts as his own pilot, or in case of distress.
*:::: §. Sec. 28. (1) All applications for pilots for vessels outward bound.
*..." shall be made at the office of the commissioners, and the fee for pilot.
sioner. age 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.
*:::"..., Sec. 29. The commissioners may make all needful rules and regu.
be 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.
Pilot boats to aid - - -- - - - o, i. Sec. 30. The pilot boats on the station, whenever a pilot is dis
j"... to charged from an outward bound vessel, shall give all reasonable aid o 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.
(1) Amendment inserted from Stat. 1852, page 202, Sec. 5.
Sec. 32. The pilotage from quarantine to the anchorage opposite ...o.o. - - - - - an cases deSan Francisco, and for piloting vessels about the harbor, shall be at ...o.o. - - 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 ... dollow- ance to pilots twenty-four hours by contrary winds, bad weather, or other cause not o odethe 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 ..."..."
entitled to half pilotage, though his services may be rejected; pro- †o: 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 ...” a boat is in attendance to receive them, shall be entitled to receive ...” the 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 oo:: any 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, .o.o.
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 unable to obtain
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 ...” 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 *::::::..." 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 col
lected shall be appropriated to the use and benefit of the Marine
Hospital, which may be established at San Francisco, and paid to - such person as may be entitled by law to receive the same. o:** Sec. 40. The commissioners shall be entitled to charge for each license. ge for eac 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. ...". Sec. 41. The commissioners shall be entitled to receive a per i..." centage, which they shall determine upon the joint earnings of the pilots, sufficient only to pay all necessary expenses for the employment 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.
!. SEc. 42. All claims against said commissioners shall be considered
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 ac
count of rocipts shall cause to be published in a newspaper published in San Franand expendi
tures. cisco, a full account of all the receipts and expenditures for the
::... 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.
o' 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.
Loss sustained Sec. 46. If any pilot, in endeavoring to assist or relieve any ves
by pilot in endea- - - - - -
vessel in distress ". .
: lomburied 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 le
to this act. appointed, shall conform to and be governed by the provisions of this act and such quarantine laws as may hereafter be enacted.
on of orner Sec. 48. That the act entitled “An Act in relation to the appoint
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.
AN ACT in relation to the appointment of Pilots for the different
The People of the State of California, represented in the Senate and
SECTION 1. The Governor, by and with the advice and consent of Pilots to be apthe Senate, is hereby authorized to appoint competent pilots for the poln 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 A. o: ports of California, to keep for the purpose of piloting as aforesaid, to be kept. at least one boat or vessel for every six 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- on-on to 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 ". be entitled to half pilotage: Provided, always, that any vessel run- o:s to take a ning or trading between the different ports of California shall not be
(1) This act is repealed so far as it relates to the port of San Francisco. See Sec. 48, page 94.
...” liable to any charge for pilotage, except when the services of a pilot
of act. a certified copy thereof filed in the office of the Secretary of State.
Laws and regu. SECTION 1. That the laws and regulations defining the duties and
lations. - - -
ot. Sec. 2. That all acts or parts of acts conflicting with the provisions.
of this act are hereby repealed.
(1) See page 86.