2194 WHARVES AND STATE WHARFINGER [ART. 98

1904, art. 98. sec. 2. 1S88, art. 98, sec. 2. 1860. art. 97, sec. 2. 1827, ch. 162, sec. 2.

2. The person so appointed shall, before proceeding to act, enter
into bond to the State of Maryland with two securities to be approved
by the governor in the penalty of five thousand dollars, conditioned
for the faithful and impartial discharge of the duties of State wharf-
inger in the city of Baltimore, according to law.

Ibid. sec. 3. 1888, art. 98, sec. 3. 1860, art. 97. sec. 3. 1827, ch. 162, sec. 2.

3. The bond executed by said wharfinger shall be filed by the sec-
retary of state among the papers and documents in his charge and a
copy thereof, certified under his hand and seal, shall be evidence of the
execution and approval thereof and shall be good evidence in any
court of law or equity in this State.

Ibid. sec. 4. 1888, art. 98. sec. 4. 1860. art. 97, sec. 4. 1827, ch. 162, sec. 3.

4. It shall be the duty of the state wharfinger so appointed to take
charge of the wharves which he may be directed and authorized to
take charge of belonging to or rented by the State, within said city,
and to charge and collect from all vessels and persons resorting to or
using any of said wharves, that he may have charge of, the rates of
wharfage as are now authorized by any law or ordinance within said
city or may hereafter be established by the mayor and city council of
Baltimore.

A public wharf may be so regulated as to be made equally beneficial to all.
No individual can charge for the use of a public wharf. No alteration in
the location or form of a wharf divests it of its public character. The
Wharf case, 3 Bl. 375.

The Inspector of tobacco has charge of certain wharves in the absence of
the wharfinger—art. 48. sec. 42.

Ibid. sec. 5. 1888. art. 98, sec. 5. 1860. art. 97, sec. 5. 1827, ch. 162.
sec. 3. 1865, ch. 12.

5. He shall be vested with the same powers in regard to the care
of said wharves or such part thereof as may be under his care and
direction and the regulating of vessels and persons resorting to and
using them as any harbor master or other officer within the city of
Baltimore; and any of said persons who shall refuse or neglect to
obey his orders, given in the execution of his said powers, shall pay
and forfeit to this State the same fine that in the like case a person
who should refuse or neglect, to obey the orders of any harbor master
within the said city, would, by virtue of the ordinances of the city of
Baltimore, pay and forfeit to the said city. He shall also be vested
with the same powers in regard to the collection of wharfage and of
fines and penalties as any harbor master within the said city.

Ibid. sec. 6. 1888. art. 98. sec. 6. 1860. art. 97, sec. 6. 1827. ch. 162. sec. 3.

6. He shall deposit monthly in such banks as the treasurer shall
designate, to the credit of the treasurer, four-fifths part of the amount
of all moenys which he shall collect from time to time for wharfage,
retaining one-fifth as a compensation for collecting the same.