A Treatise Upon Some of the General Principles of the Law Volume 6; Whether of a Legal, or of an Equitable Nature Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, or Courts of Equity and Equa (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...Louis, 14 Mo. 190. The city of New York holds the title to the soil under its navigable waters to a certain distance from shore, and exercises the right to build wharves and piers thereon; and such wharves and piers are held to be streets for the free passage of all citizens. Taylor v. Atlantic Mut. Lns. Co., 37 N. Y. (10 Tiff.) 275. 3. Regulating their use. The right of riparian proprietors in respect to the erection and enjoyment of wharves, like other private rights, is subject to such reasonable limitations and restraints as the sovereign power of the community may deem it necessary and expedient to impose, having in view the public good. Statutes establishing harbor and dock lines and taking away the right of proprietors to erect wharves on their own land beyond those lines, even when 6uch wharves would be no actnal injury to navigation, have been sustained on that ground. Commonwealth v. Alger, 7 Cush. 53. This power to establish and regulate wbarves is classed among police powers, which may lawfully be delegated to municipal corporations created by legislative authority. Baltimore v. White, 2 Gill (Md.), 444; Iron R. R. Co. v. fronton, 19 Ohio St. 299; State v. Jerseg City, 34 N. J. Law, 390. But such a corporation can exercise no power in that respect, except such as has been conferred by the legislature. Ib. A wharf, built by a city, under a general or a special law, is subject to the jurisdiction and control of the city authorities. Jeffersonville v. Louwvitte, etc., Ferry Co., 27 Iud. 100. In regard to private wharves lawfully erected, the power to regulate must be express, and it must be strictly construed. Thus, under an authority to a city "to regulate the erection and repair of private wharves and the rates of wharfage thereat,&qu...