|
WILLIAM SMALLWOOD, Esq; Governor.
shall not exceed five, or be less than three in number, and removable
at the will and pleasure of said mayor, recorder, aldermen, and common
council-men. |
1785.
CHAP.
XXVI. |
III. And be
it enacted, That the wardens appointed as above, or a
majority of them, shall have power and authority to determine upon and
regulate all matters relating to the erecting or building of wharfs in
the
said port, so far as respects the distance said wharfs may be extended
into
the waters of said port, and the materials of which they may be constructed,
and the manner and form of construction, always keeping in
view the preservation of the navigation of said port, by not permitting
any wharf to be carried out in such manner as to render the navigation
of the same too close and confined, or to be built of such materials, or
constructed in such manner, as may be deemed not sufficiently substantial
and lasting. |
Wardens to
regulate the
buildings of
wharfs, &c. |
IV. And be it
enacted, That no person holding lands on the waters of said
port, nor any person whatever, shall, after the passage of this law,
build,
or cause to be built, any wharf, or carry out, or cause to be carried out,
any earth, or other materials whatever, for that purpose, without licence
from said wardens, or a majority of them, to do the same; and if any
person shall do any act in violation of the matters herein contained, either
by beginning to build or erect any wharf, or by carrying out earth or
other materials for that purpose, without licence of the wardens first
obtained,
or shall act in any manner contrary to their directions with respect
to the mode and form of construction, or the materials of which
the same shall be built, or the distance of extent into the waters of said
port, shall be subject to such fine or fines as the said mayor, recorder,
aldermen, and common council-men, shall ordain, but under such restrictions
as are contained in their charter of incorporation. |
Wharfs not to
be built without
licence,
&c. |
V. And be it
enacted, That where any wharf has been begun before
the passage of this act, and not in the whole completed and finished, that
the person or persons owning the same, shall be in the same situation,
with
respect to that part which is not completed and finished, as in cases of
wharfs begun after the passage of this act; and the wardens, or a majority
of them, shall have in such cases full power and authority to regulate
and direct
in all the particulars herein above mentioned; and with respect to those
parts of said wharfs which are completed and finished, they shall be and
remain in the same situation, and the person or persons owners thereof,
shall not be liable to presentment in any court of justice in this state
therefor, or to any fine that may be imposed in virtue of this act. |
Where wharfs
are unfinished,
wardens to direct,
&c. |
VI. And,
whereas doubts and disputes may arise between the citizens
and wardens to be appointed as aforesaid, concerning those parts of the
wharfs already begun to be erected which may not be deemed by the said
wardens in the whole to be completed and finished within the true intent
and meaning of this act, Be it enacted,
That where any timber
frames, or logs joined and connected together, and forming the interior
lines, boundaries or facings of such wharfs, have been carried into the
water, in order that the space contained and included within the said
frames or logs, hereafter may be filled up with brush, stone, wood, rubbish
and earth, the said wharfs shall be deemed and taken to be so far completed
and finished, as to take away from the wardens aforesaid, the
power to direct of what materials and in what manner the said wharfs shall
be constructed, and to limit and shorten their present extension into the
water, and the owner or owners thereof shall not be subject to any fine
or fines to be imposed by the mayor, recorder, aldermen and common
council, for any thing done in the premises, as being contrary to this
act; |
Where frames
Are carried
out, wharfs
deemed finished,
&c. |
I
|
 |
