Pennsylvania Act 1864-806 — PORT OF PHILADELPHIA

Act text

PORT OF PHILADELPHIA
                  Act of May 20, 1864, P.L. 906, No. 806              Cl. 11
                                  AN ACT

     Regarding the port of Philadelphia.

        Section 1.  Fines and penalties; power of master wardens as
     to recovery of enlarged
        The first section of the act, entitled "An act relative to
     the duties of the Port Warden of Philadelphia," approved April
     fourteenth, eighteen hundred and fifty-nine, shall be so
     construed as to authorize said master warden to recover from the
     owner, master, or other agent having control of said vessel, all
     the expenses of raising, removing, and selling said vessel,
     together with the penalty aforesaid and costs of suit, in one
     suit in like manner, as is provided for the recovery of all
     fines, forfeitures, penalties, sum and sums of money by the act,
     entitled" An act to establish a Board of Wardens for the Port of
     Philadelphia," approved twenty-ninth March, eighteen hundred and
     three. 1864, May 20, P.L. 906, Sec. 1.
        Section 2.  Power to order docks, etc; cleaned vested in
     Board of Wardens; filing and effect of liens for cleaning docks,
     etc; by order of wardens.
        The powers vested in the Councils of Philadelphia, by an act
     approved April twenty-second, eighteen hundred and fifty-eight,
     entitled "a further supplement to the act incorporating the City
     of Philadelphia," and by the twelfth section of an act approved
     May thirteenth, eighteen hundred and fifty-six, entitled "a
     further supplement to the act consolidating the City of
     Philadelphia," be, and the same are hereby vested in the port
     wardens: Provided, That all liens filed to collect the expenses
     of said work shall be filed by the city solicitor; and the lien
     for said work shall have the same force and effect as liens for
     municipal work in the City of Philadelphia under existing laws,
     and the claims filed for the same shall be governed by the same
     rules of evidence as those filed in the City of Philadelphia for
     the removal of nuisances by the Board of Health. 1864, May 20,
     P.L. 906, Sec. 2.
        Section 6.  Penalty for trespassing upon low-water line in
     Delaware River
        By direction of the Board of Wardens, the chief engineer and
     surveyor of the City of Philadelphia shall be required to
     prepare a map or plan from actual survey to be made within
     twelve months from the passage of this act of the entire
     Delaware front of the City of Philadelphia, specifying the
     depths of water from the fast land to the wharf line as already
     established; and it shall be the duty of the port wardens, upon
     the receipt of the said map or plan, to fix and determine an
     arbitrary line of low-water, beyond which no encroachments or
     improvements of any kind shall be made without license had and
     obtained from the Board of Port Wardens, agreeably to the acts
     of Assembly of this Commonwealth; and in case any person shall
     trespass upon the tide-way of the River Delaware, beyond the
     line of low-water so defined, they shall be subject to a penalty
     of not less than five hundred dollars, nor exceeding four
     thousand dollars, with costs of suit, and shall, if the Board of
     Wardens so direct, remove any or all obstructions at their own
     proper cost and expense.  The penalty so incurred may be
     collected as other penalties under the original acts, and the
     supplements thereto, establishing a Board of Port Wardens are
     collectible and shall be appropriated to the use of said Board
     of Wardens. P.L. 906, Sec. 6.