Pennsylvania Act 1921-148 — DELAWARE RIVER, WHARFAGE AND DOCKS

Act text

DELAWARE RIVER, WHARFAGE AND DOCKS
                 Act of Apr. 26, 1921, P.L. 296, No. 148              Cl. 74
                                  AN ACT

     Providing for the apportionment of wharfage and dockage on the
        River Delaware and its tributaries, except in cities of the
        first class.

        Section 1.  Be it enacted, &c., That in all cases when the
     owner or owners of adjoining wharves, docks, landings, or river
     front, or any part thereof, upon the River Delaware or its
     tributaries, and not situated in cities of the first class,
     shall disagree as to the proper apportionment of the wharfage or
     dockage payable to them, in accordance with their titles, by
     persons making use of the same or by vessels lying in front
     thereof, it shall be the duty of the Board of Commissioners of
     Navigation for the River Delaware and its tributaries, upon the
     written application of one or more of such owners, and after
     notice to the parties interested, and in accordance with the
     established customs and usages of the port or place where such
     wharves, docks, landings, or river front are located, or, where
     there is no such usage, then as justice and equity may require,
     to determine the relative proportions of such wharfage or
     dockage belonging to the several proprietors of said adjoining
     wharves, docks, landings, or river front, or any parts thereof:
     Provided, That nothing herein shall be construed to authorize
     such Board of Commissioners to take cognizance of any question
     involving the title of such property, but such jurisdiction, and
     the power to enforce the rights of the owners of said wharves,
     docks, landings, and water front to wharfage and dockage from
     persons or vessels heretofore or hereafter using or lying
     opposite the same, shall remain as heretofore in the proper
     courts of law.
        Section 2.  Any person may appeal from a decision of the
     Board of Commissioners of Navigation for the River Delaware and
     its tributaries to the court of common pleas of the county
     wherein such wharves, docks, landings, or water front are
     located.