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2281. Salary.

SEC. 2281. The annual salary of the treasurer is five hundred dollars.

2282. Bond.

SEC. 2282. He must execute an official bond in the sum of ten thousand

dollars.

Appropriations to the deaf, dumb, and blind asylum, and for the education and care of the indigent deaf, dumb, and blind, will be found in act of January 25, 1872; 1871-2, 34; April

1, 1872; 1871-2, 743; March 30, 1874; 1873-4, 898; February 15, 1876; 1875-6, 53; March 31, 1876; 1875-6, 593, 747.

An Act to provide a supply of water for the university, and for the asylum for the deaf, dumb, and

blind.

[Approved April 1, 1876; 1875-6, 816.]

This act provided for the condemnation for the use of the university and asylum for the deaf, dumb, and blind, of any springs and

natural sources of water supply within a mile and a half of the university grounds.

An Act to provide for the erection of buildings and improvements for the deaf and dumb and blind

asylum.

[Approved April 9, 1880; 1880, 37 (Ban. ed. 190).]

This act appropriated seventy-three thousand make brick foundation under work-shop build-
dollars to erect an additional home, complete ing, and increase the water supply.
dining-room, kitchen, and culinary offices,

An Act to reimburse the support fund of the deaf and dumb and blind asylum.
[Approved April 16, 1880; 1880, 118 (Ban. ed. 384).]

This act appropriated eight thousand five the support fund for moneys borrowed from it hundred and thirty-two dollars to reimburse for erecting laundry and furnishing the asylum. An Act to provide buildings and improvements for the asylum for the deaf and dumb and blind. [Approved March 14, 1881; Statutes and Amendments 1881, 78.]

This act appropriated forty-five thousand dollars for the erection of a building, for furnishing girls' house, and for heating apparatus.

An Act to provide an industrial department for the deaf and dumb and blind asylum.

[Approved March 9, 1883; 1883, 63.]

This act appropriated seven thousand five hundred dollars for the purpose specified. "Home of adult blind:" See Statutes in Force.

CHAPTER III.

STATE LIBRARY.

2292. Board of trustees, and term of office of.

SEC. 2292. The state library is under the control of a board of trustees, consisting of five members, elected by the legislature in joint convention assembled, and holding their offices for the term of four years,

In People v. Sanderson, 30 Cal. 167, the held not open to the chief justice of the su office of trustee, being an executive one, was

preme court.

2293. General powers and duties of board.

SEC. 2293. The powers and duties of the board are as follows:

1. To make rules and regulations not inconsistent with law for their government and for the government of the library;

2. To appoint a librarian;

3. Whenever necessary, to authorize the librarian to appoint an additional deputy;

4. To sell or exchange duplicate copies of books;

5. To keep in order and repair the books and property in the library;

6. To draw from the state treasury at any time all moneys therein belonging

to the library fund;

7. To report to the governor biennially a statement of their transactions.

The transactions of the board are not claims which have to be passed upon by the

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board of examiners before payment: State Library v. Kenfield, 55 Cal. 488.

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.

SEO. 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.

1

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 force 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 unapproprimoney in the general fund to purchase the said cabinet.

ated

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.

SEO. 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 corpora tion 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.

[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.

act amended sections 1 and 6 of the original act, as follows:

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 insti tuting 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 pro ceedings 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.

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VI. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS....... 2931

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VI. PILOT REGULATIONS FOR SAN FRANCISCO, BENICIA, AND MARE ISLAND..
VII. PILOT REGULATIONS FOR HUMBOLDT BAY AND BAR....

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2476

2501

2521

2567

2583

VIII. PORT-WARDENS.

IX. SAN FRANCISCO HARBOR AND STATE HARBOR COMMISSIONERS

X. HARBOR COMMISSIONERS FOR PORT OF EUREKA.

XI. SAILORS AND SAILOR BOARDING-HOUSES.

ARTICLE I.

GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND OBSTRUCTIONS THEREIN.

2348. What waters are public ways.

SEO. 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 trans. portation of freight or passengers, or both, and this has been extended to its capacity to float

rafts of lumber.

*

The other instance

logs, 31 Me. 9, are subject to the free and unobstructed navigation of the public, independ ent 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 gen

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 upon which commerce may be conducted, is a mind when

erally maintain that a stream which is capable of transporting the products of the country, or

v. Winslow, 51 Id. 264; Thompson v. Andros

pears from the following note appended by them line, 23 Ohio St. 523; Gavit v. Chambers, 3 thereto: "The general rule in this country Ohio, 495; Weise v. Smith, 3 Or. 445; Felger disregards the common-law rule, that the 'ebb' v. Robinson, Id. 458; Thunder Bay Booming by some of the states, in probably a very few Brown v. Chadbourne, 31 Id. 9; Moor v. Veazie, gability. It has never been adopted, except son, 8 Id. 18; Dwinel v. Barnard, 28 Me. 568; tions and wants of the country and its inhabitants. Our courts, in administering the law, coggin Co., 54 N. H. 545; Morgan v. King, 35 have held to the rule that all rivers which N. Y. 459; O'Fallon v. Daggett, 4 Mo. 343; Baker are found of sufficient capacity to float the of the country through which they flow, to 42 Id. 219; Monongahela Bridge Co. v. Kirk, Benson, 36 Id. 194; Flanagan v. market, are navigable: 8 Barb. 239; or which 46 Id. 112; Rhodes v. Otis, 33 Ala. 578; Bailey are capable of floating vessels, boats, rafts, or

v. Lewis, 33 Pa. St. 301; Barclay R. R. Co. v.

v. Phil. W. & B. R. R. Co., 4 Harr. 389: At

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