ACT 4360.

Alameda County, navigable streams in. [Stats. 1867-68, pp. 486, 680.] These acts applied, amongst others, to San Leandro Creek and Johnson's Creek. Particular streams, navigability of: See particular title.

ACT 4361.

Authorizing the boards of supervisors of the several counties of this state to declare innavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.]

Repealed by § 25, County Government Act, 1897, p. 457.

ACT 4362.

To authorize the board of supervisors of the several counties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 1881. Stats. 1881, p. 25.]

Superseded by subd. 35, § 25, County Government Act, 1897, p. 466. Repealed 1901, p. 265.

This act authorized supervisors to grant privileges to build booms to hold logs and timber.

ACT 4363.

An act to provide for the location of towpaths along the banks of navigable streams.

[Approved April 1, 1872. Stats. 1871-2, p. 940.]

Authority given.

§ 1. The board of supervisors of each county in the state may, when public convenience for the purpose of commerce requires it, cause to be located and opened a towpath, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county.

Viewers.

§ 2. In order to locate and open such towpath, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the purpose of locating and opening public roads and highways.

Water frontage.

§ 3. The owner or owners of any land over which a towpath shall be located and opened shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce.

Fences.

§ 4. It shall not be necessary to construct or maintain fences on either side of any towpath so located, but the board of supervisors may make all necessary rules and regulations for the government and management of towpaths, and may provide for the erection of gates thereon and for

1503

WATERS.

the full and complete protection of the property through which the same passes.

§ 5. This act shall take effect from and after its passage.

ACT 4364.

An act to provide for the appointment of an examining commission on rivers and harbors, defining their duties and powers, and prescribing their compensation.

[Approved March 19, 1889. Stats. 1889, p. 420.]

Appointment of engineers.

§1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent engineers in good standing In case any in their profession, to be known and called the "Examining Commission on Rivers and Harbors." The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment.

Oath of office.

§ 2. Each of said commissioners shall, before entering upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by electing a president and secretary.

Duty of commission.

§ 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what steps are necessary for the rectification and improvement of such rivers and streams, and shall make, or cause to be made, all such necessary and proper surveys, examinations, maps, designs, drawings, estimates, specifications, and exhibits as will enable the Congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectifying and improving the same. The said commission shall, whenever requested by the governor, also make an examination for a similar purpose into such harbors as they may be so required to examine. Said commission shall have power to employ such persons at such compensation as they may deem proper, as surveyors or assistants in any of the work herein above specified.

Report of.

§ 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein specified, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to Congress as the basis of an appropriation by Congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and harbors as may have

been examined by said commission as herein provided. The superintendent of state printing shall print and publish as many copies of said report and exhibits as may be ordered by the governor.

Salaries.

§ 5. Each member of the said commission shall receive a salary of two thousand four hundred dollars per annum, payable monthly, and his traveling expenses while engaged in the performance of official duties. Said salary and expenses to be paid out of any money in the state treas ury not otherwise appropriated.

§ 6. This act shall take effect and be in force from and after its passage.

ACT 4365.

To create a board of commissioners and the office of overseer to regulate watercourses. [Stats. 1854, p. 76.]

Amended 1857, p. 29; 1860, p. 335; 1861, p. 31; 1862, p. 235.

Citations. Cal. 69/362, 367; 70/191, 192.

Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Bernardino, San Diego, Santa Barbara, Solano, and Tulare counties.

ACT 4366.

Board of water commissioners for Merced County. [Stats. 1860, p. 182.] ACT 4367.

To provide for the joint investigation with the federal government of the water resources of the state, and of the best methods of preserving the forests thereof; and making an appropriation for the expenses of such investigations. [Approved March 16, 1903. Stats. 1903, p. 171.]

For the Act of 1907, p. 194, relating to the same subject matter, see ante, Act 4352.

ACT 4368.

An act to prohibit within certain limits the mooring and anchoring of house-boats in rivers and streams, and the maintaining of privies, vaults, cesspools, sewer-pipes, and conduits on the banks of rivers and streams, and providing for punishment for violation thereof. declaring such acts to be public nuisances, and providing for the abatement of such nuisances.

[Approved March 6, 1909. Stats. 1909, p. 140.] House-boats, mooring of. Sewage, discharge of.

§ 1. It shall be unlawful for the owner, tenant, lessee or occupant of any houseboat or boat intended for or capable of being used as a residence, house, dwelling or habitation, or for the agent of such owner, tenant, lessee or occupant to moor or anchor the same or permit the same to be moored or anchored in or on any river or stream, the waters of

which are used for drinking or domestic purposes by any city, town or village within a distance of two miles above the intake or place where such city, town or village water system takes water from such river or stream; provided, however, that in the transportation of any such houseboat on any such river or stream nothing herein contained shall prevent the owner, agent, tenant or occupant of such house-boat from mooring or anchoring the same when necessary within the limits herein fixed and established; provided, such house-boat shall not remain moored or anchored within such limits for a longer period than one day.

It shall be unlawful for any person to erect, construct, excavate or maintain on or near the banks of any river or stream and within two miles above the intake of any water supply used for domestic or drinking purposes in any city, town or village any privy, vault, cesspool, sewer-pipe or conduit which shall cause or suffer to be discharged into said stream or river any sewage, garbage, feculent matter, offal, filth, refuse, or any animal, mineral or vegetable matter, or substance offensive, injurious or dangerous to health.

Penal clause.

§2. Any person who violates any of the provisions of section 1 of this act is guilty of a misdemeanor. Each day's violation of any of the provisions of said section 1 shall constitute a separate and distinct offense. Public nuisances. Abatement of.

§ 3. Any privy, vault, cesspool, sewer-pipe or conduit erected, coustructed, excavated or maintained on or near the banks of any river or stream within two miles above the intake of any water supply used for drinking or domestic purposes in any city, town or village, which shall cause or suffer to be discharged therefrom sewage, garbage, feculent matter, offal, refuse, filth or any animal, mineral or vegetable matter or substance, offensive, injurious or dangerous to health into such river or stream, and any house-boat or boat intended for or capable of being used as a residence, house, dwelling or habitation, which shall for more than one day be moored or anchored in or upon any river or stream within two miles above the intake of any water supply used for domestic or drinking purposes in any city, town or village are hereby declared to be public nuisances; and it is hereby made the duty of any and all sheriffs, constables, policemen and health officers to immediately abate said nuisance. § 4. This act shall take effect immediately.

ACT 4369.

TITLE 558.
WATERING RESORTS.

An act to secure the safety of the public at bathing places upon the seacoast and lakes.

[Approved March 10, 1909. Stats. 1909, p. 261.]

§1. Every person, firm of persons, or corporation, owning or conducting within this state a bathhouse, or other public place for the pur

Gen. Laws-95

pose of accommodating bathers, bordering upon or adjoining the seacoast or a lake where the public resort for the purpose of bathing in the open sea or lake shall keep one or more lifeboats fully equipped with oars, oarlocks, and not less than two life-preservers, and two hundred feet of rope, always in good repair and near the bathhouse or resort. Such boat or boats shall have the words "lifeboat" plainly printed or painted upon them, and they shall be used for no other purpose than for saving of life or for other cases of emergency.

§2. Any person, firm of persons, or corporation who fails to comply with the provisions of this act is guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not less than ten nor more than two hundred dollars or be imprisoned in the county jail not less than ten days nor more than six months, or by both fine and imprisonment.

§3. This act shall take effect thirty days after its passage.

Incorporating Watsonville. [Stats. 1867-68, p. 688.] Amended 1873-74, p. 43; 1875-76, p. 511; 1877-78, p. 363. incorporating, in 1889, under the statute of 1883.

TITLE 560.

WEAVERVILLE.

Superseded by

ACT 4376.

Weaverville, preventing hogs and goats running at large in. [Stats.

1877-78, p. 33.]

Repealed by estray law, 1897, p. 198.

ACT 4381.

TITLE 561.

WEIGHTS AND MEASURES.

To establish a standard of weights and measures. [Stats. 1861, p. 86.] Amended 1861, p. 346; 1863, p. 737.

8223.

ACT 4382.

Superseded by Political Code, §§ 3209

To establish a standard of weights and measures. [Stats. 1891, p. 487.]

"Of doubtful constitutionality, and has never been acted under. (Condiet v Police Court, 59 Cal. 278; sec. 14, art. XI, State Const.; subd. 5, sec. 8, art. I. Const. of U. S.)"-Code Commissioners' Note.