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Provided, That nothing contained in this section shall be construed to prevent the Justices of the Supreme Court and the Judges of the District Courts from receiving their first quarterly payment in advance.
Sec. 8. The salaries specified and fixed by law, shall be payable Salaries when for the present fractional fiscal year on the fifteenth day of February, thirty-first day of March, and thirtieth day of June, the several amounts due respectively on those days, and thereafter in quarterly payments on the last days of September, December, March, and June in every year; all such payments shall be made at the treasury on the warrant of the Comptroller.
Sec. 9. The President pro tempore of the Senate and the Speaker Pay of President pro tempore of the Assembly shall, while discharging the duties of and speaker pro those offices, be entitled to the per diem pay of the presiding officers tem. of Assembly. of the Senate and Assembly. Sec. 10. In addition to the salaries and contingent expenses above other charges on
general fund mentioned, there shall be chargeable to, and from time to time paid out of the general fund,-1st, The compensation fixed in the constitution of sixteen dollars per day to each of the members of the Senate and Assembly while in attendance, and for mileage for traveling to and going from the seat of government—to be computed according to the distance on the route most usually travelled, at the season of the year when the legislature is directed to convenemat the rate of sixteen dollars for every twenty miles, (1) and a like allowance for mileage shall be paid the Lieutenant Governor; 2d, the contingent expenses of each House certified by the principal officers of each House; 3d, the compensation allowed to the officers of each House, as fixed by each House respectively; 4th, the compensation allowed by law for criminal prosecutions, and in keeping and conveying criminals to the place of confinement in the several counties of this state, to be paid on the certificate of the Judges of each court respectively where such expenses may be incurred; the expenses of all printing done for the state; all moneys directed by law to be paid out of the treasury not specially charged to any other fund.
(1) See Stat. 1852, page 50, Sec. 3.
AN ACT to establish Pilots and Pilot Regulations for the Port of
San Francisco. (1)—[Passed February 25, 1850.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Governor to appoint commissioners.
SECTION 1. It shall be the duty of the Governor after the term of office of the present incumbents has expired, to appoint and commis
sion four persons to execute the office of Commissioners of Pilots for Qualifications.
the port and harbor of San Francisco. Two of the persons so appointed shall be resident merchants, and two of said persons shall be experienced and resident ship-masters of San Francisco, who, together with the President of the Chamber of Commerce of the port of San
Francisco, shall constitute a Board of Pilot Commissioners for the Term of office. port and harbor of San Francisco. Said commissioners shall hold
their office for the term of one year, and until their successors are appointed and qualified, unless sooner removed by the Governor. No such commissioner shall be at the same time an officer of said Cham
ber of Commerce, excepting the President, as hereinbefore provided. (2) Commissioners
Sec. 2. The persons thus appointed shall take an oath for the faithTerm of office. ful discharge of their duties, and shall hold their office for the term
of one year, and until their successors are appointed and qualified. Commissioners Sec. 3. The commissioners shall keep an office at San Francisco, to keep an office, and meet once a and shall meet therein on the first Monday of each month; a majority
shall constitute a quorum for the transaction of business. Commissioners
Sec. 4. They shall appoint a Secretary, who shall hold his office for may appoint a
one year. He shall give bond with security to be approved by the commissioners, payable to the state of California, in the sum of ten thousand dollars, conditioned for the faithful discharge of his duty, which bond shall be filed in the office of the County Clerk, and be for
the use of the party aggrieved. By-laws.
Sec. 5. The commissioners shall make by-laws and rules for their own government, not inconsistent with the provisions of the laws of this state or the United States.
to take oath.
(1) See Stat. 1853, p. 22.
for that purpose.
Sec. 6. The commissioners shall have power to purchase an iron Iron safe. safe for the keeping of money, papers, books, or other things of value belonging to their office.
Sec. 7. It shall be the duty of the Secretary to keep correct Duties of secreminutes of all the proceedings of the commissioners in books provided sioners.
To receive all
pay out the same, when ordered so to do by the board, and shall register the names of all pilots, with the date of their licenses; their registers and books shall always.be open to public inspection.
Sec. 8. He shall keep a monthly record of the arrival and depart- Monthly record ure of the pilot boats, names and residences of all pilots, and perform departure of pilot such other duties as the board
boats, etc., to be direct. may
kept. Sec. 9. The Secretary shall receive for his compensation such sum Pay of Secretary as the commissioners may deem just, not exceeding one hundred dol- accounts. lars per month for salary, rent of office, fuel, stationery, and all other expenses. The accounts of the Secretary and of the Board to be opened at all times during the hours of business to the inspection of the public, and the accounts of the Secretary shall be audited by the Board of Commissioners once in every month, and the accounts of the Board of Commissioners shall be audited semi-annually, and certificate thereof made by a committee of three, appointed by the Chamber of Commerce for that purpose; and said certificate shall be placed on file by the Secretary, subject to inspection by any person interested. (1)
Sec.:10. Neither the commissioners nor the Secretary shall have commissioners any interest directly or otherwise in any pilot boat or the earnings festes dois petons thereof.
Sec. 11. The commissioners shall have power to appoint in the Commissioners manner prescribed in this act, such number of pilots for said port as pilots. they may deem necessary.
Sec. 12. Persons applying for license to act as pilots for the port applicants for of San Francisco shall be American citizens, and not under the age
pilots. of 21 years; and in presence of one or more licensed pilots shall be rigidly examined by the commissioners, touching their qualifications concerning their knowledge of the management of square rigged vessels ; of the tides, soundings, bearings, and distances of the different shoals, rocks, bars, and points of land, and night lights of the harbor and bay, and if deemed to be qualified shall receive a license as pilot which shall expire at the end of twelve months.
Pilots to give Sec. 13. Every licensed pilot, previous to entering on his duties, bond.
license to act as
(1) Amendment inserted from Stat. 1852, p. 202, Sec. 2.
Pilots may be
lected to make reports.
Pilot selected to report monthly and pay per
Pilots to exhibit license.
shall give bond to the amount of five thousand dollars, payable to the state of California, for the faithful discharge of his duty; which bond and security shall be approved of by the commissioners, and shall be filed in their office.
Sec. 14. The commissioners shall have full power to suspend pilots or revoke their licenses, on proof of incapacity or misconduct.
Sec. 15. As soon as a sufficient number of pilots are associated to keep a boat, such boat shall be numbered by the commissioners in the order of application, and her name and number duly recorded by the Secretary, and such number shall be distinctly painted in black
figures, to be at least two feet long, and above the balance reef of the One pilot to be se
foresail of such boat; the pilots shall then select one from their number, whose duty it shall be to make reports to the Commissioners.
Sec. 16. On the first Monday of every month, the person so
selected shall pay over to the Secretary the amount of per centage centage.
assessed by the commissioners for the purpose defined in this act, and report the names of the vessels, and amount received from each, verified by his signature.
Sec. 17. Every pilot on boarding a vessel, when required by the master thereof, shall exhibit his license to such master, and on refusal so to do, shall be liable to a penalty of fifty dollars.
Sec. 18. Any pilot absenting himself from his duty for more than absenting him.
two months, except on leave granted by the commissioners, or by sickness, shall be considered as having forfeited his license.
Sec. 19. In case a pilot does not apply at the end of the time for applied for. which his license was granted, for a renewal of the same, he shall be
considered as suspended. Pilots may be suspended or dis
Sec. 20. If any licensed pilot shall become intoxicated whilst missed for being having charge of any vessel as pilot, he shall be suspended or
dismissed as the commissioners may elect. Pilots to be Sec. 21. (1) Not more than six pilots shall be in copartnership at any licensed.
one time, but it shall be the duty of the commissioners to license as many pilots as may petition to be licensed. Provided, such petitioner shall have cruised six months on board one of the pilot boats in and about the harbor of San Francisco, and then passed an examination as
provided in section twelve of this act. Who may be licensed.
Provided that any citizen of California who shall have commanded for the term of one year as master or mate of a square rigged
Pilot's license forfeited by his
License suspended if renewal not
(1) Amendment inserted from Stat. 1852, page 202, Sec. 3, 4.
vessel, sailing out of the port of San Francisco, shall be admitted without the service qualification required in this act, on his giving satisfactory evidence to the commissioners of his practical acquaintance with the duties required in section twelve of this act.
Sec. 22. The commissioners may require pilots to renew their Pilots may be bonds and securities whenever it is deemed necess
essary, and they may new their bonds. take away the license of any pilot for wilful infringement or violation of his duty, or negligently losing any vessel, or for mental derangement, or habitual drunkenness, provided due notice in Proviso. writing be given to such pilot, and an opportunity be afforded him of being heard in his own defence.
Sec. 23. For carelessly or negligently losing a vessel, on convic- Penalty on pilot tion thereof, the pilot having charge of said vessel at the time shall losing a vessel. be incapable ever after of acting as pilot, and shall moreover be liable for damages on his bond. If a vessel be run ashore by a Vessels run
ashore by pilot. pilot, no pilotage shall be charged, and if negligently done, the pilot shall be liable for all damages.
Sec. 24. It shall be the duty of every pilot in charge of a vessel Pilot to have arriving in the harbor, to have the vessel safely moored in such po- moored. sition as the master of the vessel or harbor master of the port may direct.
Sec. 25. When complaint is lodged with the commissioners against Complaints a pilot for misbehavior or neglect of duty, it shall be reduced to writ- and proceedings ing and sworn to; notice thereof must be then given to the pilot, and he shall be notified to appear within fifteen days to answer the complaint. If the answer be not satisfactory, he may be fined not exceeding five hundred dollars or deprived of his license, at the discretion of the commissioners. An appeal may be made by the pilot within fifteen days from the decision of the commissioners of the County Court of San Francisco.
Sec. 26. Each and every pilot boat shall keep on board a journal A journal to be Doting in detail all incidents of weather, and all discoveries which each pilot bout. may be made of rocks, shoals, or bars, in the Bay of San Francisco and vicinity, such as may be considered dangerous to navigation; false entries therein shall subject the parties so offending to fine or loss of license, or both, at the discretion of the commissioners; and the said journals shall be open to the inspection of the commissioners.
Sec. 27. No person except those licensed by the commissioners, Only licensed shall pilot vessels in or out the harbor or Bay of San Francisco for pilots. bire, under the penalty of five hundred dollars for each and every
persons to act as