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Exception.

Application for pilots to be made at the office of

the commis

sioner.

Rules for regulating pilots may be made.

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-
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 Sec-
retary 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 pre-
sent 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 regulations 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

pilots discharged SEC. 30. The pilot boats on the station, whenever a pilot is dis

from outward

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

or quarantine..

Fees to pilots.

city or quarantine.

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.

foot draught,

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

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

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cases de

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 agree such rates as may be agreed on between the parties.

ment of parties.

Per diem allow

ance to pilots

where vessels de

tained by bad

SEC. 33. Any vessel with a pilot on board being detained more than twenty-four hours by contrary winds, bad weather, or other cause not 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.

services and re

half pilotage.

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.

Pilots carried to sea entitled to

ance.

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 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.

pensated for ex

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.

pilotage on board
vessel signalling
for a pilot.
cases of vessels

unable to obtain
a pilot, and after-

investigated.

SEC. 38. If a vessel, bound to San Francisco, be lost within the 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 wards 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.

application of

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

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Hospital, which may be established at San Francisco, and paid to
such person as may be entitled by law to receive the same.

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.

Charge for pilot license.

SEC. 41. The commissioners shall be entitled to receive a per 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 to publish ac

SEC. 43. At the expiration of every six months the Secretary count of receipts shall cause to be published in a newspaper published in San Francisco, a full account of all the receipts and expenditures for the said time.

and expenditures.

Commissioners entitled to a per centage on earn

ings of pilots.

Claims against commissioners.

Pilots to go to vessels nearest the shore or in the most distress.

Pilots to keep at all times a seaworthy boat.

Loss sustained
by pilot in endea-

SEC. 46. If any pilot, in endeavoring to assist or relieve any ves

voring to assist a sel in distress, shall suffer loss or damage in his boats, sail, tackle,

in distress

to him.

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.

Pilots heretofore appointed subject to this act.

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 suspended or expelled at the discretion of the commissioner.

SEC. 45. Pilots shall at all times keep a boat in good condition 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.

Repeal of former

act.

SEC. 47. Pilots heretofore appointed, or who may hereafter be appointed, shall conform to and be governed by the provisions of this act and such quarantine laws as may hereafter be enacted.

SEC. 48. That the act entitled "An Act in relation to the appoint

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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:

pointed.

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 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 bonds. 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 pilots 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.

pilots.

SEC. 4. The said pilots appointed under this act, shall be author- Compensation 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.

half

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.

Compensation to pilots when detained by bad weather.

Pilots appointed under this act subject to any subsequent act.

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.

SEC. 9. The pilots appointed under the provisions of this act, shall conform to and be governed by any law hereafter enacted by the legislature 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.

Laws and regulations.

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.

Former acts repealed.

SEC. 7. For every day which any one of the said pilots shall be 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.

CHAPTER X.

AN ACT relating to San Diego Pilots. [Approved, January 27,
1853. (1)]

The People of the State of California, represented in Senate and As-
sembly, do enact as follows:

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.

(1) See page 86.

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