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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 669   View pdf image (33K)
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INDEX,—3 BLAND. 669

WASTE.

See DEBTOR AND CREDITOR, 14.
WHARF AND WHARFAGE.

1. The city collector of wharfage may be directed to keep a separate ac-
count of the wharfage for the use of certain wharves until the right
to them can be determined. Wharf Case, 363.
3. The nature of a public port. Ib.

3. In all public ports there are rights affecting commerce, internal gov-
ernment, and private property, by which the title to, and use of a
wharf therein must be controlled. Ib.

4. No wharfage can be allowed and collected which contravenes any
congressional regulation of commerce, or the free intercourse, and
equal rights secured by the Federal Constitution. Ib.

5. Anchorage or wharfage may be charged for the use of any place held
as mere private property to which vessels may come. Ib.

6. A wharf in a public port is a kind of highway, for the use of which,
after it has been once dedicated to the use of the public, no toll can
be charged, unless expressly allowed by the General Assembly. Ib.

7. Wharfage where allowed must be reasonable: and when once fixed,
cannot be enhanced. 1 b.

8. The Court can pronounce no decree prejudicial to any public right
appearing upon the record. Where each of the litigating parties
claims a right to demand wharfage for the use of a public wharf,
for the use of which no toll can be legally demanded, they must,
both of them, be perpetually enjoined, for the benefit of the public,
from collecting wharfage. Ib.

WILLS.

See REGISTER OF WILLS, 1.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 669   View pdf image (33K)
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