ither at a stated or special meeting, the oriinal order or scntence shall be affirmed, the board shall award such reasonable costs, to e paid by the appellant as they shall adjudge o be adequate to the expences occasioned by he appeal, including the established pay of the naster warden and the clerk, for so long time is they shall have attended on the said busi

ness.

time wharves,

been obtained

Sec. 11. And be it further enacted by the authority aforesaid, That in all cases where any Within what licènce has been or shall be given by the &c. for which board of wardens of the port of Philadelphia, licences have to erect any wharf or building of the nature are to be erect of a wharf, beyond low water-mark of the ed. river Delaware, the person to whom such licence has been or shall be so granted, shall within six months after the passing of this act or the date of the said licence, erect such wharf or building, otherwise the said licence shall be of no effect.

obstructing

&c.

Sec. 12. And be it further enacted by the authority aforesaid, That if any person shall here. Penalty for after erect, make or fix, or cause to be erect- the passage ed, made or fixed, on any wharf within the over wharves, city of Philadelphia, any building, inclosure or other obstruction, whereby a free passage over and along the same shall be impeded or prevented, every such person shall forfeit and pay for every such offence, any sum not exceeding one hundred dollars, to be recovered in the same manner and for the same uses as is directed in and by the thirty-sixth section of this act, and the said wardens shall cause such building, inclosure or obstruction to be abated or removed, if the owner or occupier or any such wharf shall neglect or refuse to

abate

tend to the

provided a

carts, drays, &c.

abate or remove the same, on three days no

tice from the said board of wardens: Pr But not to ex- vided always nevertheless, That nothing het depositing of in before contained, shall be taken or com goods, &c. to strued in any wise to prevent any such own be shipped, or occupier from depositing, during a re sufficient pas- sonable time, on any such wharf, goods, wart sage be left for and merchandise, unladen from or about t be shipped on board of any ship or vesse or for the purpose of being stored, always al lowing a sufficient passage for carts, waggon and drays, nor in any wise to hinder any per son otherwise entitled so to do, from creat ing any building or inclosure on any part such wharf, lying to the westward of lo water-mark or tide-way of the river Dea

where any

rous of ex

tending

wharves, &c.

ware.

Sec. 13. And be it further enacted by the a Proceedings thority aforesaid, That when and so often as an person is desi-person shall be desirous to extend any wharf, other building of the nature of a wharf, cause any such wharf or building to be made i the tide-way of the river Delaware, from at part of the city or liberties of Philadelphia, su person shall make application to the board wardens, at any of their monthly meetin aforesaid, stating in writing the nature, exte and plan of such intended wharf or buildin and produce their deed or deeds for said lot lots, and if it shall appear to the board of w dens or a majority of them, that such plan a design may be lawfully executed, and that th same will not improperly encroach upon or jure the said channel or harbour, the board wardens at any of their stated monthly meeting or when especially convened in manner a said, shall give their assent and licen erecting, extending or making such wh

for such ex

building, and cause the same to be recorded in their office; but if the said board of wardens shall deem it improper to give such assent and licence, and the party applying shall think himself aggrieved by their resolutions, he may make such application to the court of common pleas for the county of Philadelphia, who shall order a jury of twelve suitable men, who under oath or affirmation shall view the premises, and make report to the said wardens of their decision, which shall be final and conclusive, a copy of which verdict shall be recorded in the court of common pleas; and if any person or persons and penalty after the publication of this act, shall make or tension withextend any wharf or building as aforesaid, with- out first obin the city or liberties of Philadelphia, into the taining a liriver Delaware beyond low water-mark, with- wardens, &c. out licence first had and obtained from the wardens aforesaid, or in case of their refusal of the court of common pleas aforesaid, he, she or they shall upon conviction thereof, forfeit and pay to the said board of wardens the sum of four thousand dollars, to be by them recovered and applied in such manner as other fines, forfeitures or sums of money by the thirtysixth section of this act, made payable to them, are directed to be recovered and applied, and Likewise to be compelled by the board of wardens to remove such wharf, if it is extended so far is to injure other wharves near it or to obstruct the channel.

U.

cence from the

moor at any

Sec. 14. And be it further enacted by the aubority aforesaid, That no ship or vessel which Vessels of the by the law of the United States may be sub- .. not to ct to the duties of tonnage, shall be permit- wharf without to moor at, or otherwise occupy any wharf owner's centhin the city or liberties of Philadelphia, withwit leave firft had and obtained from the owner

buil

or

sent:

Proviso in case such con

or possessor thereof: Provided always, That i sent is refused. Such leave be duly applied for by the owner, agent, master or other person having charge of any such ship or vessel, and refused by the own er or possessor of any wharf within the limits afore aid, being vacant in the whole or in such part as may reasonably accommodate the ship or vessel so applied for, and such vacancies shall not be occupied by some ship or vessel, in which the owner or possessor of the wharf hath an immediate interest, for twenty-four hours after such application and refusal, it shall then and in such case be lawful for the ship or res sel fir t applied for, to be moored at and occu py such wharf or part thereof, for so long time as shall be requsite for the dispatch of her bu siness, subject nevertheless to the controul and direction of the master warden for the time be ing.

burning or

Sec. 15. And be it further enacted by the au Penalty for thority aforesaid, That if any person or persons breaming vec- Whosoever, shall from and after the passing of sels at or near this act, burn or bream, or cause to be burn tween South ed or breamed, any ship or vessel or any par

any wharf te

and Vine

streets.

thereof, at or near any wharf or wharves be tween South and Vine-streets in the said cit he or they so offending, for every such offenc shall forfeit and pay to the said master warde the sum of one hundred and fifty dollars, to by him recovered and appropriated as other for feitures herein mentioned, are to be recovere and appropriated by the thirty-sixth section this act.

Sec. 16. And be it further enacted by the The Governor thority aforesaid, That the Governor shall ap point and commission a person of good chan ter and competent skill, to be harbour mast

to appoint a Forbour mas

an cath or

&.c. for the

his duty,

of the port of Philadelphia, and liable to be removed when he shall think proper, and the who shall take said harbour master having first taken an oath afirmation.. or affirmation, and given bond with two suffi- and give bond, cient sureties to be approved by the Governor, faithful per in the sum of four thousand dollars, faithfully fṛrmance of and impartially to perform the duties of his office, shall have authority and he is hereby required his powers, to enforce and superintend the execution of all &c. laws of the commonwealth, and of all byelaws, rules and regulations of the corporation of the city, or of the wardens of the port of Philadelphia, enacted, ordained and declared, or hereafter to be ordained, enacted and declared, for cleaning the docks and wharves of the port of Philadelphia, for preventing all nuisances at the wharves and in the docks aforesaid, by burning or breaming any ships or vesels or otherwise howsoever, for regulating and stationing all ships or vessels in the stream of the river Delaware, or at the wharves within the boundaries of the city of Philadelphia, for removing from time to time, ships and vessels in order to accommodate and make room for others, or for admitting the river craft to pass in and out of the docks, and for compelling the masters and captains of ships and vessels to accommodate each other, so that ships and vessels arriving from sea shall for a reasonable time,not exceeding six days, be entitled to births next to the wharves, until they have landed their cargoes, ind for that purpose such ships or vessels as are ading, shall be removed and take in their cargoes over and across the decks of the ships or vessels lying nearest to the wharves; or directing the paying of ships and vessels vhen applied to for that purpose, between the 1orth boundary of the city and Peg's run in he Northern Liberties, and the south boundary

of