or other waters declared by statute to be a public way, and does not remove it therefrom within twenty-four hours thereafter, is liable to a penalty of five dollars for each tree. History: Enacted March 12, 1872. § 2351. NAPA CREEKS DECLARED NAVIGABLE. The streams known as First Napa creek, Second Napa creek, and Third Napa creek, in the county of Sonoma, and between the Napa and Sonoma rivers, in the county of Sonoma, are hereby declared navigable waters of the state, in pursuance of title sixth, chapter one, article one, of part three of said [this] code. History: Enacted March 12, 1872; amended April 26, 1878, Code Amdts. 1877-8, pp. 45-46. § 2360. STEAMERS MEETING. When steamers meet each must turn to the right, so as to pass without interference. History: Enacted March 12, 1872. As to actions against steamers, vessels, and boats, see KERR'S CYC. CODE CIV. PROC. 813-827 and notes. As to rules of navigation, collisions, etc., see KERR'S CYC. CIV. CODE §§ 970-973. § 2361. LANDING AND RECEIVING PASSENGERS BY SMALL BOAT. When a passenger is to be landed from a steamer by means of a small boat, he must not be suffered to get into it until it is completely afloat and wholly disengaged from the steamer, except by the painter. History: Enacted March 12, 1872. § 2362. LINES USED FOR LANDING NOT TO BE DRAWN BY MACHINERY. No line used for the purpose of landing or receiving passengers must be attached in any way to the machinery of any steamer, nor must the small boat used for such purpose be hauled in by means of such machinery. History: Enacted March 12, 1872. § 2363. THE ENGINE TO BE STOPPED. During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine must be stopped, and must not be put in motion, except to give sufficient force to keep the steamer in a proper direction and safe position. History: Enacted March 12, 1872. 2364-2371 (548) NAVIGATION-BOATS-COLLISION. [Pt. III. § 2364. BOATS, OARS, AND SIGNALS. In every small boat there must be kept a good and suitable pair of oars; and in the night-time a signal, by means of a horn or trumpet, must be given to the steamer from the small boat, when having landed or received its passengers, it is ready to leave the shore. History: Enacted March 12, 1872. § 2365. STEAMERS OVERTAKING. A steamer going in the same direction with another steamer ahead of it must not approach or pass the other within the distance of ten yards; and the steamer ahead must not be so navigated as unnecessarily to bring it within ten yards of the steamer following. History: Enacted March 12, 1872. When any § 2366. STEAMERS TO CARRY SIGNALS AT NIGHT. steamer is running in the night-time her master must cause her to carry two conspicuous lights; one exposed near her bow and the other near her stern; the latter must be at least twenty feet above her deck. History: Enacted March 12, 1872. § 2367. PENALTIES, WHAT AMOUNT. Every master or other person in charge who violates any of the provisions of the preceding seven sections, incurs a penalty of two hundred and fifty dollars for each offense. History: Enacted March 12, 1872. § 2368. VESSELS AT ANCHOR TO SHOW LIGHTS. When any vessel is at anchor in the night-time in any of the harbors or ports within the jurisdietion of this state, the master or other person at the time in the charge of the vessel must cause a conspicuous light [to be] shown in her rigging at least twenty feet above her deck, and another light from her taffrail, under penalty of fifty dollars for every neglect. History: Enacted March 12, 1872. § 2369. NO RECOVERY FOR COLLISION IN CASE OF NEGLECT. Neither the master or owner of any vessel can recover damages for injuries to the same or to himself by a collision growing out of a non-compliance upon itpart with the provisions of the preceding six sections. History: Enacted March 12, 1872. As to collisions, see KERR'S CYC. CIV. CODE §§ 970-973. § 2370. RAFTS ON THE SACRAMENTO AND SAN JOAQUIN RIVERS. Every raft of timber floated on the Sacramento or San Joaquin rivers at night must show two red lights, one at each end, and at least ten feet above the upper logs or plank of such raft, under penalty of fifty dollars for every neglect. History: Enacted March 12, 1872. § 2371. VESSELS TO CARRY WHAT BOATS. Every vessel propelled by steam, navigating any waters of this state and carrying passengers, must be provided with boats as follows: 1. If of five hundred tons measurement, one first-class lifeboat; one rowboat, twenty-five feet long by seven wide, capable of carrying fifty persons each; and at least one other good rowboat; 2. If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary rowboats; 3. If of less than two hundred and fifty tons burden, at least one small rowboat. All which boats must be attached in such manner that they can be launched at any time for immediate use. History: Enacted March 12, 1872. § 2372. PENALTY, WHAT AMOUNT. The master and owners, and each of them, of any vessel not provided with boats as required in the preceding section, are subject to a penalty of not exceeding two hundred and fifty dollars. History: Enacted March 12, 1872. § 2373. RACING, PENALTY FOR. If the master or other person in charge of a steamer navigating any of the waters of this state and used for the conveyance of passengers, or if the engineer or other person in charge of the boiler or other apparatus for the generation of steam does, for the purpose of increasing speed or excelling any other vessel in speed, suffer to be created an undue or an unsafe quantity of steam, he is subject to a penalty of five hundred dollars. History: Enacted March 12, 1872. § 2374. STEAMBOATS TO WEAR SPARK-CATCHERS. All high-pressure steamboats navigating the Sacramento and San Joaquin rivers, or any of their tributaries above the mouth of the San Joaquin river or the city of Sacramento, must have securely attached to their chimneys metal bonnets or spark-catchers. History: Enacted March 12, 1872, founded upon § 1 Act March 31, 1857, $2375. INSPECTORS ΤΟ SUPERVISE AND DIRECT SPARK CATCHERS. All such bonnets or spark-catchers must be constructed under the direction and supervision of the United States inspectors of steamboats for the district of San Francisco. History: Enacted March 12, 1872, founded upon § 2 Act March 31, 1857, § 2376. COMPENSATION OF INSPECTORS. For each bonnet or sparkcatcher worn by any steamboat inspected or constructed under the direction of and certified to by the inspector, he may receive from the owner thereof ten dollars as a compensation for his services for such direction, supervision, or inspection and certificate. History: Enacted March 12, 1872, founded upon § 4 Act March 31, 1857, Every § 2377. NEGLECT OF DUTY, AND PENALTY THEREFOR. owner or master who navigates a steamboat without bonnets or spark-catchers inspected and attached as required by the preceding three sections, is subject to a penalty of twenty dollars for each day he navigates his boat without the same. The owner of such boat is further liable for all damage done by reason of such neglect. History: Enacted March 12, 1872, founded upon § 5 Act March 31, 1857, Stats. 1857, p. 150. § 2378. OWNER LIABLE FOR MASTER'S OR ENGINEER'S PENALTIES. The owners of every steamboat are responsible for the good conduct 12379-2390 (550) PENALTIES-RECOVERY-FLOATING LUMBER. [Pt. III. of the master or other person in charge employed by them, and they are jointly and severally liable for any penalty incurred by the master, engineer, or other person in charge, which cannot be collected from him by due course of law, as if they were his sureties. History: Enacted March 12, 1872, founded upon §§ 5, 6 Act March 31, 1857, Stats. 1857, p. 150. § 2379. PENALTIES, HOW RECOVERED. The penalties given by this article may be recovered by the district attorney of any county bordering on the water where the offense was committed or the penalty incurred, to whom notice is first given, and when recovered are to be equally divided between the common-school and indigent-sick fund of the county whose district attorney recovers the same. Any judgment recovered hereunder is a lien on the vessel against whose owners or master it is recovered. History: Enacted March 12, 1872, founded upon §§ 6, 7, 8 Act March 31. 1857, Stats. 1857, p. 150. ARTICLE III. § 2389. § 2390. Definition of lumber. Owner may reclaim lumber. § 2391. If not taken away to be turned over to sheriff. § 2392. Application of proceeas when sold. § 2393. Subsequent disposition of proceeds. § 2389. DEFINITION OF LUMBER. The word "lumber" is used in this article to designate all timber, whether in logs, boards, planks, or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called driftwood. History: Enacted March 12, 1872. As to unnavigable streams, power of supervisors to declare them highways for floating logs, see act March 7, 1889, Stats. 1889 p. 85. § 2390. OWNER MAY RECLAIM LUMBER. Whenever any lumber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the lumber may remove it on payment or tendering to the owner or occupant of the land the amount of the damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties cannot agree as to the amount of such damages, either party may have the same appraised by two disinterested citizens of the county, who may hear proofs and determine the same at the expense of the owner of the lumber. History: Enacted March 12, 1872. 1. Applied, cited, construed, referred to. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Flanders vs. Locke, 53 Cal. 21, 23 (construed). 2. IN AN ACTION OF REPLEVIN for lumber drifted on land of another, it is not duty of plaintiff to prove that defendant did not suffer any damage, but he may simply show that lumber is his, that it is In possession of defendant, and that latter has refused to deliver it on demand.Flanders vs. Locke, 53 Cal. 21, 22. 3. ACTION PRESCRIBED HARDLY AFFORDS AN EFFICIENT PROTECTION to him who has not been consulted in selection of arbitrators, inasmuch as provision in this section, that if parties cannot agree as to amount of such damages either party may have same appraised by two disinterested citizens, etc., gives to the most active of parties exclusive privilege of determining their disinterested character.Flanders vs. Locke, 53 Cal. 21, 23. § 2391. IF NOT TAKEN AWAY TO BE TURNED OVER TO SHERIFF. If the owner of such lumber does not, within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the lumber, to the sheriff of the county, and thereafter the sheriff must dispose of the same as is required by article four of this chapter with regard to wrecked perishable property. History: Enacted March 12, 1872. § 2392. APPLICATION OF PROCEEDS WHEN SOLD. When sold, the proceeds of the lumber must be applied, first, to the payment of the charges of sale, and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the county treasurer, to be by him paid over to the owner, or his representatives or assigns, on the production of satisfactory proof of ownership to the judge of the superior court of the county, and on his order therefor, made within one year after its receipt. History: Enacted March 12, 1872; amended April 3, 1880, Code Amdts. 1880 (Pol. pt.), p. 21. § 2393. SUBSEQUENT DISPOSITION OF PROCEEDS. The rejection by the judge of any claimant's right to such proceeds is conclusive, unless within six months thereafter he commences action therefor. In case no claim is made or sustained to such proceeds, the same must, by the county treasurer, be placed in the common-school fund of the county. History: Enacted March 12, 1872; amended April 3, 1880, Code Amdts. 1880 (Pol. pt.), p. 21. |