376 FEDERAL REPORTER. �than those above named, or used for transportation of freight or passengers, double the first above rates, except that float- ing grain elevators shall pay one-half the arst above rates; and every vessel that shall leave a pier, wharf, bulk-head, slip or basin, without first paying the wharfage or dock- age due thereon, after being demanded of the owner, consignee or person in charge of the vessel, shall be liable to pay double the rates established by this act." �The act of April 10, 1860, (Laws of New York, 1860, c. 254, p. 416,) contained these provisions: "Section 1. It shall be lawful to charge and receive wharfage or dockage at the fol- lowing rates, from every vessel that uses or makes fast to any pier, wharf or bulk-head within the cities of New York or Brooklyn, for every day, or part of a day's use of the same, viz. : From every vessel of two hundred tons burden or under, one cent per ton; and for every vessel over two hundrçdtons, one cent per ton for each of the first two hundred tons, and for every additional ton burden, one-fourth of one cent per ton; and from every vessel making fast to another vessel lying at any pier, wharf or bulkhead, and for every vessel lying at anchor within any slip or basin, one-half of the above rates. Sec. 2. The captain or owner of any vessel that shall leave a wharf without paying for the wharfage due thereon, and shall neglect to pay the same for twenty-four hours after demanded of the captain, owner or consignee, shall forfeit and pay to the owners of the wharf double the rates of wharfage liereby established, and the wharfage shall be a lien on the vessel. » * * Sec. 6. Nothing contained in this act shall be construed as altering the rates of wharfage chargeable on lighters, canal-boats or barges, by existing laws. Sec. 7. The collection of the rates of wharfage established by this act shall be enforced in the manner prescribed in the two hundred. and seventh section of the act of ninth of April, eighteen hundred and thirteen." �The act of 1860 is entitled "An act in relation to the rates of wharfage, and to regulate piers, wharves, bulk-heads and slips in the cities of New York and Brooklyn. " It was foUowed by the act of 1870, before recited, which is entitled "An act to ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/383
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