Wharfage

The money paid for landing goods upon, or loading them from, a wharf. Dane, Abr, Index; 4 Cal. 41, 45.

The money paid for landing goods upon, or loading them from, a wharf. Dane, Abr. Index; Sacramento v. The “New World,” 4 Cal. 41. It may be on an artificial or a natural landing; Sacramento v. The “New World,” 4 Cal. 41. Whar fingers in London are not entitled to wharfage for goods unloaded into lighters out of barges fastened to their whanes; 3 Burr. 1409; 1 W. Bla. 243. And see Camden & A. R. Co. v. Finch, 5 Sandf. (N. Y.) 48. It has been held that, owing to the interest which the public have in the matter, rates of wharfage may be regulated by statute; Murphy v. Montgomery, 11 Ala. 586. And see Albany v. Trowbridge, 5 Hill (N. Y.) 71; Fitzsimous v. Milner, 2 Rich. (S. C.) 370; 8 B. & C. 42. Claims for wharfage are cognizable in admiralty, and, if the vessel is a foreign one or from another state, the claim of the wharfinger is a maritime lien against the vessel, which may be enforced by a proceed- 95 U. S. 68, 24 L. Ed. 373; The Allianca, 5G Fed. 609. A state statute conferring a remedy for such claims by proceedings in rent is void; Brook man v. Hamill, 43 N. Y. 554, 3 Am. Rep. 731. But as to domestic vessels, the lien of the wharfinger is only enforceable as a common-law lien; Russel v. The Asa R. Swift, 1 Newb. 553, Fed. Cas. No. 12,144; Delaware R. S. Co. v. The Thomas, 9 Phila. 304, Fed. Cas. No. 3,769. See The Advance, 60 Fed. 7G6. In the absence of any agreement between the parties, reasonable wharfage will be allowed; Ex parte Easton, 95 U. S. 68, 24 L. Ed. 373. A lease giving the lessee “the sole and exclusive right to use the public wharf for his ferry boat,” does not authorize the collection of toll for wharfage; Russel v. The Empire State, 1 Newb. 541, Fed. Cas. No. 12,145. A municipal corporation cannot exact a charge upon vessels for entering or leaving a port or remaining therein and using the wharves or landings, for the general revenue of such corporation; Cannon v. New Orleans, 20 Wall. (U. S.) 577, 22 L. Ed. 417; Keokuk N. L. P. Co. v. Keokuk, 95 U. S. 80, 24 L. Ed. 377; but it may collect from parties using its wharves, such reasonable fee as will fairly remunerate it for the use of its property; Northwestern U. P. Co. v. St. Louis, 100 U. S. 423, 25 L. Ed, G8S; De Bary Baya M. L. v. R. Co., 40 Fed. 392. That such fees are regulated by the tonnage of the vessel will not constitute them a tonnage tax under the constitution, art. 1, paragraph 3, § 10; Johnson v. Drummond, 20 Gratt. (Va.) 419. See leathers v. Aiken, 9 Fed. 679. A ship compelled by stress of weather to moor to a wharf for safety, is not liable to a charge for wharfage, where the wharf is a private one, and no fixed rate of charge is in use; Heron v. The Marchioness, 42 Fed. 173. Vessels which have made use of a wharf, whether under express or implied contract, cannot refuse payment of wharfage on the ground that the wharfinger is not the legal owner of the property; The Idlewild, 59 Fed. 628. See full note on the right to wharfage in 70 L. R. A. 193; and on lien for wharfage in id, 353.

Money paid for landing goods at a wharf, or for taking goods thence into a vessel; a fee for tying a vessel to a, wharf.

is the money paid for landing goods upon, or loading them from a wharf. Dane’s Ab. Index, h. t.