Pennsylvania Act 1868-698 — BOARD OF WARDENS - PORT OF PHILADELPHIA

Act text

BOARD OF WARDENS - PORT OF PHILADELPHIA
                  Act of Apr. 8, 1868, P.L. 755, No. 698              Cl. 11
                           A FURTHER SUPPLEMENT

     To an act passed March twenty-ninth, eighteen hundred and three,
        to establish a board of wardens of the port of Philadelphia,
        and for other purposes.

        WHEREAS, Doubts have arisen as to the true construction of
     certain laws heretofore enacted relative to the building and
     owning of wharves in the rivers Schuylkill and Delaware, and it
     is desirable to have all such doubts removed; therefore,

        Section 1.  License for erection or extension of wharves;
     "owners of land inside of low water mark" defined
        The waters in rivers outside of low water mark being the
     property of the Commonwealth, no owner of land inside of said
     low water mark shall be authorized to erect any wharf, or to
     extend one already built, in the port of philadelphia, without
     first procuring a license so to do from the board of wardens of
     the port, as provided by existing laws: Provided, That the
     riparian owner or proprietor of any land in the said Port of
     Philadelphia, heretofore or hereafter appropriated or dedicated
     to public use, for the purpose of widening delaware avenue, or
     for the purpose of any street, avenue, or highway, under or by
     virtue of any existing law, his or their heirs, successors, or
     assigns, shall be deemed and regarded an "owner of land inside
     of low water-mark," within the meaning and intent of this
     section, notwithstanding such appropriation or dedication.
     1868, April 8, P.L. 755, Sec. 1.
        Section 2.  Title to remain in Commonwealth; owner of wharf
     to receive compensation
        The water or dock left for the use of any wharf shall remain
     vested in the Commonwealth, subject to existing laws; but the
     owner of such wharf shall be entitled to charge and receive
     compensation for the use of the same, and to enjoy all the
     rights and privileges in connection therewith, to which he is
     now by law entitled.  1868, April 8, P.L. 755, Sec. 2.
        Section 3.  Title to wharves erected under license; mode of
     conveyance
        All wharves heretofore or hereafter erected by license from
     said board, under or by virtue of existing laws, shall be the
     property of the party or persons so lawfully and properly
     licensed to erect or extend said wharf, his or their heirs,
     successors, and assigns, and may be conveyed by deed as in other
     cases of conveyance of real estate, but shall always remain
     subject to such regulations as are authorized by existing laws.
     1868, April 8, P.L. 755, Sec. 3.
        Section 4.  Breadth of water front; in case of dispute, Board
     of Wardens to settle dispute
        The breadth of water front appertaining to each proprietor or
     owner of land on the river bank shall be determined by
     protracting the lines of the land to the line established as the
     limit to which wharves may be built, whenever the protraction of
     the said lines would not result in giving the said owner more,
     or to any other property owner less than his proportionate share
     of frontage on the said wharf line; and in case of a conflict
     arising from the divergence or conveyance of the lines of
     private riparian property, or of the public streets, the Board
     of Wardens are authorized to settle the lines outside of low
     water mark, so that equal justice shall be done to all
     concerned.  1868, April 8, P.L. 755, Sec. 4.
        Section 5.  Water surface between adjoining wharves
        No license shall be granted under which a new wharf is to be
     built, or an old wharf extended, in counties coextensive with
     cities of the first class, unless there shall be, after the
     building or extension of such wharf, a dock or water surface
     between it and the adjoining wharves on each side of at least
     one hundred and fifty feet unless said board of wardens, by a
     vote of a majority of the whole board, shall decide that the
     public convenience demands a variance from this rule in any
     particular case.  1868, April 8, P.L. 755, Sec. 5; 1897, June
     14, P.L. 143, Sec. 1.