2294. Term of office of librarian. SEC. 2294. The librarian holds his office for the term of four years, unless sooner removed by a unanimous vote of all the trustees. 2295. General duties of librarian. SEC. 2295. It is the duty of the librarian: 1. To be in attendance at the library during office hours; 2. To act as secretary of the board of trustees, and keep a record of their proceedings; 3. To purchase books, maps, engravings, paintings, and furniture for the library; 4. To number and stamp all books and maps belonging to the library, and to keep a catalogue thereof; 5. To have bound all books and papers that require binding; 6. To keep a register of all books and property added to the library, and of the cost thereof; 7. To keep a register of all books taken from the library; 8. To establish and maintain a system of domestic and foreign exchange of books, and to obtain from the secretary of state such numbers of all state publications as may be sufficient to meet the demands of the system established. [Amendment, approved March 30, 1874; Amendments 1873-4, 37; took effect July 6, 1874.] 2296. Who may take books. SEC. 2296. Books may be taken from the library by the members of the legislature during the sessions thereof, and by other state officers at any time. 2297. Books taken by members of legislature, when to be returned-Duties of controller in relation to. SEC. 2297. Books taken by members of the legislature must be returned at the close of the session; and before the controller draws his warrant in favor of any member of the legislature for his last week's salary, he must be satisfied that such member has returned all books taken by him and paid for any injuries thereto. 2298. Books taken by state officers to be returned, or salary not to be paid. SEC. 2298. The controller, if notified by the librarian that any officer has failed to return books taken by him within the time prescribed by the rules, and after demand made, must not draw his warrant for the salary of such officer until the return is made, or three times the value of the books, or of any injuries thereto, has been paid to the librarian. 2299. Liability for injuries to books. SEO. 2299. Every person who injures or fails to return any book taken is liable to the librarian in three times the value thereof. 2300. Library fund. SEC. 2300. The state library fund consists of the fees collected and paid into the state treasury by the secretary of state and surveyor-general. [Amendment, approved March 30, 1874; Amendments 1873-4, 38; took effect from passage.] 2301. Library, time to be kept open. SEO. 2301. During the session of the legislature and of the supreme court, the library must be kept open every day from nine o'clock a. M. until nine o'clock P. M., and at other times during such hours as the trustees may direct. 2302. Salary of librarian. SEC. 2302. The annual salary of the librarian is three thousand dollars. 2303. Salary of deputies. SEC. 2303. The annual salary of each deputy is eighteen hundred dollars. 2304. Bond of librarian. SEC. 2304. The librarian must execute an official bond in the sum of three thousand dollars. Official bonds: Secs. 947 et seq. 2305. When this chapter takes effect. SEC. 2305. This chapter shall be in torce and effect from and after the first day of May, eighteen hundred and seventy-two. An Act to provide for the establishment of a cabinet department in the state library. [Approved April 1, 1872; 1871–2, 824.] Librarian to arrange cabinet. SECTION 1. It shall be the duty of the state librarian to receive, arrange, and properly display, and take charge of, in the state library, the minerals, precious metals, mineralogical, geological, and fossiliferous specimens and precious stones hereinafter mentioned and referred to, or which may hereafter become the property of the state by purchase or by presentation. Purchase of cabinet. SEC. 2. The governor shall appoint three suitable and disinterested persons, who shall act without compensation, and shall examine and appraise the cabinet of minerals, precious metals, and stones, and various specimens composing the cabinet belonging to J. M. Frey, of the city of Sacramento; and, upon their making report to the governor to the effect that the said cabinet is fully worth the sum of thirteen thousand dollars, the state shall become the purchaser and owner of the said cabinet; provided, that if said report shall not recommend the said purchase, it shall not be made. Appropriation. SEC. 3. The sum of thirteen thousand dollars is hereby appropriated out of any unappropri ated money in the general fund to purchase the said cabinet. SEC. 4. This act shall take effect from and after its passage. Act to establish free public libraries and reading-rooms, approved April 26, 1880: See Statutes in Force, tit. Libraries. 2313. Who may use. CHAPTER IV. SUPREME COURT LIBRARY. SEC. 2313. This library is for the use of the justices and counselors at law of the supreme court. 2314. Librarian and his duties SEC. 2314. The secretary of the supreme court, under the supervision of the court, is the librarian, and responsible for the safe-keeping of the books. Before used, he must mark and number the volumes, and enter them in a catalogue kept in the library. 2315. Who may take books. SEC. 2315. Books may be taken from this library by the justices of the supreme court. At the request of a counselor of the court, the bailiff must take from the library to the court-room books for use in the argument of any cause. 2316. Fund for support of. SEC. 2316. The supreme court library fund consists of fees collected by the clerk of the court, as provided in section seven hundred and fifty-three of this code, and is under the control of the court. Upon its order the controller must, without the approval of any board, draw his warrant upon the treasurer for the amount specified, and in favor of the person designated in such order, which warrant must be paid out of such fund. An Act to amend an act entitled "An act to provide for increasing the law library of the corporation known as the San Francisco Law Library, and to secure the use of the same to the courts held at San Francisco, the bar, the city and county government, and the people of the city and county of San Francisco," approved March 9, 1870. act amended sections 1 and 6 of the original act, as follows: [Approved April 12, 1880; 1880, 40 (Ban. ed. 194).] The original act of March 9, 1870, will be found in Stats. 1869-70, 325. The foregoing Board of trustees, how constituted. SECTION 1. The San Francisco Law Library, from and after the acceptance of the provisions of this act, in the mode hereinafter provided, shall be under the direction and control of a board or trustees, consisting of the mayor of the city and county of San Francisco, four judges of the superior court of the city and county of San Francisco having the shortest term to serve, all of whom shall be ex officio members of said board, and seven other trustees, who shall be elected by the shareholders, as hereinafter provided, at the regular annual meeting of the shareholders, or at such other meeting as may be called for the purpose by the president of the board of trustees. Any six members of said board of trustees herein provided for shall constitute a quorum for the transaction of business. Library fund. SEC. 6. On the commencement in or removal to said superior court of the city and county of San Francisco of any civil action or proceeding, on filing the first papers therein, the party instituting the proceeding or filing the said first papers shall pay to the clerk of said court the sum of one dollar, as costs, for a fund, which shall be designated the "library fund," to be expended by the trustees of the San Francisco Law Library in the purchase of such books and periodicals as they may select for such library, and for such other purposes connected with said library as they may deem necessary; and before the filing of the papers in the case, the clerk shall demand and collect said sum, for which sum so required to be collected the said clerk and his sureties shall be responsible on his official bond; the clerk shall keep a true and accurate account of all such sums so received and required to be collected, and shall pay over the same at the end of each month to the treasurer of the said San Francisco Law Library, taking duplicate receipts therefor, one of which shall be filed by the clerk in his office, and the other, together with a certificate of the true number of causes and civil proceedings commenced in said court, or removed thereto, during the preceding month subject to such payment, under his hand and seal, shall be deliv ered to the recording secretary of the said San Francisco Law Library, and be filed by him and kept as a part of the records of his office; and all moneys collected by the said clerk on proceedings instituted in said superior court since January first, eighteen hundred and eighty, in pursuance of the terms of said section six, shall be accounted for and paid over to the treasurer of said San Francisco Law Library in the manner provided in this section for funds hereafter to be collected. The act containing the foregoing amendments was to take effect upon the acceptance of its provisions by the San Francisco Law Library at a meeting of its shareholders, to be called for that purpose. The meeting was called and the provisions of the act accepted in May, 1880. CHAPTER V. OTHER PUBLIC INSTITUTIONS. 2326. State agricultural society. SEC. 2326. The powers, duties, privileges, and rights of the California state agricultural society are fixed by "An act to incorporate the state agricultural society, and to appropriate money for its support," approved May thirteenth, eighteen hundred and fifty-four, and the acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three. See Statutes in Force, the headings Agriculture, Fruit-trees and Vines, Viticulture. 2327. University of California-Normal school. SEC. 2327. The control and management of the University of California and the state normal school are provided for in Title III. of Part III. of this code. See ante, secs. 1385, 1487. 2328. State prison. SEC. 2328. The control and management of the state prison is provided for in Part III. of the Penal Code. See sec. 573, Pen. Code. Miner's state hospital: See Statutes in Force, Mines and Miners, the act of 1881. VI. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS....... 2931 VI. PILOT REGULATIONS FOR SAN FRANCISCO, BENICIA, AND MARE ISLAND.... 2457 IX. X. SAN FRANCISCO HARBOR AND STATE HARBOR COMMISSIONERS 2476 2501 2521 2567 2583 XI. SAILORS AND SAILOR BOARDING-HOUSES. ARTICLE I. GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND OBSTRUCTIONS THEREIN. 2348. What waters are public ways. SEC. 2348. Navigable waters, and all streams of sufficient capacity to transport the products of the country, are public ways for the purposes of navigation and of such transportation. * * Waters as public ways.-At an early day the supreme court of California, in American Water Co. v. Amsden, 6 Cal. 443, 446, said: "A river which is not within the ebb and flow of the tides may be, notwithstanding, a navigable stream in two events: 1. When it is of sufficient depth and width to float vessels, boats, or other water-craft used in the transportation of freight or passengers, or both, and this has been extended to its capacity to float rafts of lumber. * The other instance in which a stream is navigable is when it is expressly declared so by statute." The code commissioners seem to have had this decision in mind when framing the above section, as appears from the following note appended by them thereto: "The general rule in this country disregards the common-law rule, that the 'ebb' and flow' of the tide is the criterion of navigability. It has never been adopted, except by some of the states, in probably a very few cases, in a modified form, suited to the conditions and wants of the country and its inhabitants. Our courts, in administering the law, have held to the rule that all rivers which are found of sufficient capacity to float the product of the mines, the forests, or the village of the country through which they flow, to market, are navigable: 8 Barb. 239; or which are capable of floating vessels, boats, rafts, or logs, 31 Me. 9, are subject to the free and unobstructed navigation of the public, independent of usage or legislation: 20 Johns. 90; 5 Wend. 358; 42 Me. 552; 18 Barb. 277; 5 Ind. 8; 2 Swan, 9; 29 Miss. 21; American Water Co. v. Amsden, 6 Cal. 446; 2 Stock. 211. The text is in conformity with the rule laid down in 6 Cal. 446, supra, and which is supported by these authorities, which recognize the legislative power to declare a stream navigable." The decisions of this country now very generally maintain that a stream which is capable of transporting the products of the country, or upon which commerce may be conducted, is a public highway for that purpose: Hickok v. line, 23 Ohio St. 523; Gavit v. Chambers, 3 Ohio, 495; Weise v. Smith, 3 Or. 445; Felger v. Robinson, Id. 458; Thunder Bay Booming Co. v. Speechly, 31 Mich. 336; Lorman v. Benson, 8 Id. 18; Dwinel v. Barnard, 28 Me. 568; Brown v. Chadbourne, 31 Id. 9; Moor v. Veazie, 32 Id. 356; Treat v. Lord, 42 Id. 552; Davis r. Winslow, 51 Id. 264; Thompson v. Androscoggin Co., 54 N. H. 545; Morgan v. King, 35 N. Y. 459; O'Fallon v. Daggett, 4 Mo. 343; Baker v. Lewis, 33 Pa. St. 301; Barclay R. R. Co. v. Benson, 36 Id. 194; Flanagan v. Philadelphia, 42 Id. 219; Monongahela Bridge Co. v. Kirk, 46 Id. 112; Rhodes v. Otis, 33 Äla. 578; Bailey v. Phil. W. & B. R. R. Co., 4 Harr. 389: At torney-General v. Woods, 108 Mass. 436; Harrington v. Edwards, 17 Wis. 586; but contra, Holbert v. Edens, 5 Lea, 207. And the stream need not necessarily be used for the purpose of transporting the products of the country in order to give it the character of a highway. "If," say the court, in Attorney General v. Woods, 108 Mass. 436, "water is avigable for pleasure-boating, it must be regarded as navigable water, though no craft has ever been upon it for the purposes of trade or agriculture. The purpose of the navigation is not the subject of inquiry, but the fact of the capacity of the water for use in navigation." The capacity of a stream to float logs has given rise to some difference of opinion in determining whether such waters are "navigable" or not; that is, whether such a stream thereby becomes a public way. In California, in the decision first-above quoted, it was held that that was not enough to render the stream a highway. See also Hubbard v. Bell, 54 Ill. 110. In Maine: Moor v. Veazie, 32 Me. 313; Treat v. Lord, 42 Id. 352; and in Oregon: Felger v Robinson, 3 Or. 455, such fact was deemed sufficient to render the waters navigable. This latter view is also entertained by Angell on Watercourses, 7th ed., sec. 537, where other cases will be found referred to. Watercourses as boundaries: See sec. 830, Civ. Code, and note. Improving streams now navigable: Sec. 4085, post. 2349. Certain streams and waters declared navigable, and are public ways. SEC. 2349. The following streams and waters are declared public ways: So much of a slough as lies between Simon's canal, in the town of Alviso, and the bay of San Francisco. Petaluma river, from its mouth to a distance one third of one mile above Washington street, in the city of Petaluma. The Sonoma river, between its mouth and a point opposite Fowler's hotel, in the town of San Luis. The Napa river, between its mouth and the toll-bridge. The Suisun river, between its mouth and the town of Suisun embarcadero. The Sacramento river, between its mouth and the mouth of Middle creek. Feather river, between its mouth and a point fifty feet below the bridge crossing Feather river first above the mouth of the Yuba river. The Yuba river, between its mouth and a point at the mouth of the slough at the foot of F street, in the city of Marysville. The San Joaquin river, between its mouth and Sycamore point. The Stockton slough, between its mouth and the west line of El Dorado street, in Stockton. The Mokelumne river, between its mouth and the first falls. The Tuolumne river, between its mouth and Dickinson's ferry. Deer creek, between the house of Peter Lassen and its mouth. Big river, three miles from its mouth. Albion river, three miles from its mouth. San Antonio creek, in the county of Alameda, from its mouth to the old embarcadero of San Antonio. The Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven. Mission creek, in the county of San Francisco. [The following in the original was omitted by an amendment of March 21, 1885, taking effect immediately: Islais creek, in the county of San Francisco, from Franconia landing, near Bay View turnpike, to its outlet into the bay of San Francisco, and thence easterly along the southerly line of Tulare street to the city water front on Massachusetts street, of the width of the channel of said creek.] That portion of Channel street, in the city of San Francisco, and lying east of and between the easterly line of Harrison street and the water front of the bay of San Francisco, the width thereof to be sixty feet from Harrison to the north-easterly line of Seventh street, and one hundred and forty feet from the north-easterly line of seventh street to the city front. |