Pennsylvania Act 1867-906 — DELAWARE RIVER FRONT IMPROVED

Act text

AN ACT

For the better improvement of the front of the river Delaware.

Section 1. Petition by licensee where fishing rights or other easements exist

Whenever hereafter the port wardens of the Port of Philadelphia, either within its present or any future boundaries, shall grant a license to any individual, individuals, corporations, or firms to erect or construct in the River Delaware, any wharves, cribs, bridges, or piling, in the manner that the said port wardens are now or may hereafter be authorized by law to do, and whenever any fishing right, or other easement is alleged to exist, at, upon, or about the place where such wharves, cribs, bridges, or pilings are about to be erected or constructed, it shall be lawful for the said licensees, about to make such erection or construction to apply to the court of quarter sessions of the proper county, wherein such erection or construction is about to be made, by petition, setting forth the facts. 1867, April 9, P.L. 980, Sec. 1.

Section 2. Jury to assess damages; bond to be filed

Upon such petition, the said court shall appoint a jury, in the same manner, and with all the proceedings that now pertain for the assessment of damages for the opening and laying out of roads, in the proper county where such erection or construction is about to be made., and the said court shall proceed, in manner aforesaid, to ascertain the damages sustained by the owner of said right or easement, in consequence of the said erection or construction proposed, and the same shall be paid to the said owner by said licensees, before the said erection or construction is commenced: Provided, that the party intending to make such erection or construction, may proceed with the same at any time after presenting his petition as aforesaid, by first filing in the said court a bond to be approved by at least one of the judges thereof, conditioned to pay such damages as may be adjudged in favor of the owner of the said right or easement by the said court. 1867, April 9, P.L. 980, Sec. 2.