P. L. 293. be paid a salary of one thousand two hundred dollars by the city of Philadelphia, 5 June 1898 § 5. and one a salary of eight hundred dollars to be paid by the city, in equal monthly payments. Ibid. § 6. 100. All vessels coming from any port or place outside this commonwealth and bound to any place on the Delaware river, or its tributaries, within this common- Detention of veswealth shall submit to such detention, disinfection, or other regulation at the said sels at quarantine. quarantine station as may be deemed necessary by the quarantine physician, or as may be provided by the rules and regulations of the state quarantine board for the protection of the people of this commonwealth. ceed. Ibid. 101. When the quarantine physician shall be satisfied that the admission of such vessel into the port shall not be dangerous to the health of the people of this When quarantine physician to give commonwealth, he shall give a certificate permitting such vessel to proceed to the certificate permitplace of destination, which certificate the captain or master of such vessel shall ting vessel to propresent at the quarantine office in the city of Philadelphia, within twenty-four Certificate to be hours after her arrival, who shall thereupon, upon payment by him of the fees presented at quarherein provided for, have delivered to him by the officer in charge thereof a antine office. receipt or health ticket. Health ticket. governor shall 102. Whenever the state quarantine service shall be suspended by the governor in accordance with the provisions of this act, the master of every vessel arriving Proceedings when from a port without this commonwealth, excepting ports on the Delaware river and bay above Reedy island, shall, within twenty-four hours after the arrival of suspend the state his vessel, appear at the quarantine office in the city of Philadelphia, and shall quarantine service. make an affidavit, under oath or affirmation to be administered by the said healthofficer, or in his absence by the clerk in charge of such quarantine office, who are hereby severally empowered to administer the same, setting forth the name of his vessel, the port from which he has sailed, that a certificate of health has been granted to him by the officers in charge of the federal quarantine station, and that the same has been deposited with the collector of the port in compliance with the regulations of the federal authorities, and that no contagious or infectious disease has developed on said vessel after her release from the federal quarantine, and shall thereupon pay to the person in charge of the quarantine office the fees herein specified, and shall receive a receipt or health ticket. Failure to report his vessel will subject the vessel to a fine of two hundred and fifty dollars, to be recovered as such fines are now recoverable by law, the action thereof to be brought by the health officers. If it shall appear either by said affidavit or otherwise that any contagious or infectious disease has developed on any vessel after her release from the federal quarantine, the quarantine physician may order such vessel back to said federal quarantine station for further inspection and treatment. 103. On receiving from the captain or master of any vessel the certificate of Ibid. health as directed by this act, or upon making and filing the affidavit as to the Fees to be paid on health of the vessel herein required, such captain or master shall pay to the health- receipt of certifiofficer, or the person in charge of said quarantine officer, a fee according to the cate of health. following rates: Any steam vessel arriving from a foreign port shall pay the sum of ten dollars; any sailing vessel arriving from a foreign port shall pay the sum of five dollars; and any coasting vessel, sailor steam, arriving from a port south of Saint Mary river shall pay the sum of two dollars and fifty cents. No fee shall be collected from vessels other than specified. Ibid. § 7. 104. The expense and charge of boarding, lodging, medicines, nursing and maintenance, and other necessaries provided for the persons landed and sent to the state Expense of boardquarantine station, and all other expenses, salaries or wages, incident to the main- ing, &c., of persons tenance of said quarantine station, and of the persons detained there, and of the sent to state quartug boat, and of the said quarantine office in the city of Philadelphia, and of the be paid by the office of the state quarantine board, shall be paid and discharged by the common- cominonwealth. wealth. Ibid. § 8. antine station to 105. If any person landed and sent to the state quarantine station by any officer having authority to do so, or any person arriving in any vessel and detained at the Penalty for refusquarantine station as aforesaid, shall refuse or neglect to obey the directions of the ing to obey direcquarantine physician, or any deputy of his, and the rules and regulations estab- tions of quarantine lished by the state quarantine board, from time to time agreeably to the provisions of this act, the person so neglecting or refusing shall for each and every offence, on being thereof legally convicted, forfeit and pay a fine of not more than five hundred dollars to be recovered by the health-officer. physician. Ibid. § 9. Penalty for per landed before a certificate is obtained. 106. If any master, commander or pilot, shall permit any part of the cargo or baggage of any person arriving in any vessel to be landed on either shore of the Delaware bay or river, except at a federal or state quarantine station, or suffer any mitting cargo or person except the pilot to come on board before a certificate shall have been ob- persons to be tained as herein provided, unless by permission of the quarantine physician, or one of his deputies, or unless imminent danger of the loss of the vessel or lives of the crew shall render assistance necessary, the person or persons permitting, and the person or persons so landed or going on board, shall, upon conviction, forfeit and pay a fine of not more than five hundred dollars to be recovered by the healthofficer. 107. This act shall go into effect on July first, one thousand eight hundred and Ibid. § 10. 5 June 1898 § 10. ninety-three, from and after which date the offices of Lazaretto physician and quarantine-master shall cease to exist. P. L. 298. When act to go into effect. antine-master 108. If the state quarantine is suspended by the governor, the board of health of Office of Lazaretto any municipality shall, when notified by the quarantine physician, or if the quarphysician and quar- antine physician is not on duty, or cannot at once be found, without such notification, have power, if any vessel shall arrive with contagious or infectious disease on board, to deal with the said vessel, its cargo, its passengers, the crew and their baggage, as may be deemed best to protect the people of this commonwealth against antine is suspended, the introduction of the disease then infecting the vessel, cargo, passengers or abolished. Ibid. § 11. When state quar board of health may act. Ibid. § 12. crew. 109. For the purpose of this act and of the act to which this is a supplement, the port of Philadelphia shall include all the counties that abut upon the navigable in port of Philadel- waters of the Delaware river and the navigable tributaries thereof within this commonwealth. Territory included phia. Repealing clause. Ibid. § 13. Act of 2 April,1821, not repealed. Ibid. Nothing in act to interfere with 110. All acts or parts of acts inconsistent with this act are hereby repealed: Provided, however, That nothing herein contained shall repeal, alter or amend, the act of second April, one thousand eight hundred and twenty-one, entitled "A supplement to the act, entitled An act for establishing a health-office and to secure the city and port of Philadelphia from the introduction of pestilential and contagious disease, and for other purposes,' or the several supplements thereto. 111. Nothing in this act contained shall interfere in anywise with the duties now devolving on the officer known as the port physician, so far as they relate to the administration of the health laws of the city of Philadelphia, but from and duties of port physician. after the date at which this act goes into effect, he shall be appointed by the director of the department of public safety of the city of Philadelphia and receive such salary as the councils of said city shall designate. Who to appoint port physician. Ibid. 112. Nothing herein contained shall abridge, alter or repeal any of the powers now vested in the board of health of the city of Philadelphia, relating to the health health of Philadel- laws of said city, but the power of said board over maritime quarantine shall Powers of board of See HARBOR REGULATIONS; NAVIGATION; PILOTS; WHARVES AND DOCKS. 7. OF THE BOARD OF PORT WARDENS. 1. Election of board. 2. Eligibility. 3. Quorum. IV. SALARIES, FEES, PENALTIES. 16. Society for the relief of distressed and decayed 4. To employ clerk. Minutes to be kept. Fees pilots. May sue for penalties. 2 Feb. 1854 § 28. P. L. 37. 17. Board to regulate fee of health-officer and harbor master. 18. Salary of master warden to be paid out of fees. Certain vessels not to pay. Certain fines and penalties to be retained by wardens. 19. Construction of previous section. 20. Salaries of harbor master and master warden. V. APPEALS. 21. Appeal from master warden to the board. 22. Appeal from board to the courts. 23. From decision granting or refusing an application to erect or extend a wharf. I. Of the board of port wardens. 1. The select and common councils shall elect in joint meeting, by viva voce vote, at the last stated meeting in the month of September next, sixteen citizens, having Election of board. proper knowledge of the duties, for port wardens, eight of them to serve for one year, and eight of them for two years, from the first day of June, Anno Domini one thousand eight hundred and fifty-five; and thereafter, on or before the last stated meeting of councils, in May, in each year, elect eight such citizens to serve as port wardens from the first day of June then next succeeding, who, together with the master warden, shall do and perform the duties which do now, or may by law or ordinance hereafter belong to the port wardens. (h) 28 April 1851 § 9. P. L. 722. Eligibility. 2. No person interested directly or indirectly in any contract for constructing or sinking any wharf or pier, within the jurisdiction of the board of wardens for the port of Philadelphia, shall be eligible to serve as master or port warden. (h) The acts 20 May 1864, P. L. 908, and 31 March 1864, P. L. 304, authorize the election of one member from Bristol and one from Chester. 3. A quorum of the board of wardens for the port of Philadelphia shall consist 20 May 1864 § 7. of a majority of the members of the said board. P. L. 907. Quorum. 29 March 1808 § 2. 4 Sm. 68. 4. The said wardens shall employ a clerk, (i) who shall keep fair minutes and entries of all orders, regulations and transactions of the said master warden and board of wardens, in a book or books to be kept for that purpose, and the said minutes and entries shall be public, and submitted to the inspection of any person or To employ clerk. persons who shall desire to see and peruse the same, he or they, so desiring the inspection, paying to the clerk twelve cents each time the books shall be opened and Minutes to be examined; and the said clerk shall give true copies of all such entries or minutes public. made in the said book or books, as may be required, to such person or persons as shall demand the same, he or they paying to the said clerk one cent for each line Fees for copies. the said copy shall contain, consisting of not less than twelve words. Ibid. § 9. 5. For the more convenient transaction of business at the said office, it shall be the duty of the clerk to attend on the Saturday of every week at the office of the Duties of clerk. said wardens, from nine of the clock in the forenoon until one in the afternoon, and from two in the afternoon until sunset, and on every day of the week (Sundays excepted) from nine of the clock in the forenoon until three in the afternoon. 6. The wardens of the port of Philadelphia be and they are hereby exempt from serving as jurymen in the courts of this commonwealth. 7. The wardens of the port of Philadelphia shall be and they are hereby authorized to employ counsel, learned in law, whenever in their opinion it becomes necessary to enforce the due execution of the laws of this commonwealth relative to the port of Philadelphia. II. Jurisdiction. Ibid. § 5. Exemption from jury service. 4 Feb. 1846 § 7. P. L. 31. May employ coun sel. 8. The jurisdiction (k) of the board of wardens of the port of Philadelphia shall 4 Feb. 1846 § 4. not extend on the river Delaware beyond the jurisdiction of the collector of customs for the district of Philadelphia upon said river. P. L. 30. On the river Delaware. 15 April 1853 § 5. P. L. 430. 9. The jurisdiction, power and authority heretofore conferred on the wardens, or the board of wardens for the port of Philadelphia, shall be and the same are hereby extended to embrace a like jurisdiction, power and authority over any Extended to all and every navigable stream within the county of Philadelphia, and all wharves or navigable streams wharf structures heretofore or hereafter built or constructed on any such navigable in Philadelphia. stream, which shall be licensed by the said board of wardens, shall be considered a lawful structure, unless such license shall be vacated or set aside on appeal from the said board of wardens, in manner and form as provided by law. P. L. 393. 10. So much of the Aramingo canal as shall be made navigable by the owners 17 April 1856 § 1. bordering thereon is hereby declared to be a public highway, subject, in the construction and use thereof, to the control and regulation of the board of wardens, Aramingo canal. under the ordinances of the city of Philadelphia: Provided, That nothing herein contained shall be so construed as to alter the metes and bounds of said canal as heretofore laid out and surveyed: Provided, That property-owners, whose lands border on the said creek, shall be at all the expense of digging out and wharfing the same, and that nothing herein contained shall be so construed as to put the city of Philadelphia to any expense or outlay of money. III. Master warden. 11. The master warden shall be appointed and commissioned by the governor 20 May 1864 § 3. for three years, and until his successor is appointed and qualified, and in default P. L. 907. of such appointment by the governor for ninety days, a master warden may be Appointment. chosen by the board of wardens, at a regular stated meeting, at which a majority of the members shall be present; and the obligation and duties of the said master warden, as heretofore defined by law, shall be and remain as heretofore, in addition to the obligations and duties now imposed by this act. 12. In case the master warden shall die, neglect, refuse or become incapable to 29 March 1803 §§ perform the duties enjoined and required by this act, the governor of this common- 6,7. 4 Sm. 69. wealth shall appoint some other discreet and skilful person to perform the duties Vacancy. (i) The board is not required to submit their appointments to select council for confirmation. War. Op. 1886, 31. (k) In reply to a letter addressed to the attorneygeneral of the United States, by the secretary of the board of port wardens, asking what constituted the limits of the port of Philadelphia as "port of entry,' the secretary of the treasury wrote in February 1887, that "the limits of the port of Philadelphia as a port of entry are those embraced within the corporate limits of the city of Philadelphia." See the act 5 June 1893, § 12, P. L. 293, under the title "Port Regulations." The jurisdiction of the board extends as far north as Frankford creek; but they cannot license the erection of a wharf in the creek. Frankford v. Lennig, 2 Phila. 403. So Windmill island is within the jurisdiction of the board; they are bound to define the line of low-water mark at the expense of the applicant. Tatham v. Wardens of Philadelphia, Ibid. 246. But their powers may be revoked and given to another body; the board had no standing in court to restrain the building of the Chestnut street bridge. Board of Wardens v. Philadelphia, 42 P. S. 209. See Easby v. Philadelphia, 67 Ibid. 337. Flanagan v. Philadelphia, 42 Ibid. 219. Gilman v. Philadelphia, 3 Wall. 713. Monongahela Bridge Co. v. Kirk, 46 P. S. 112. So long as the port wardens, in the exercise of their discretion, inflict upon property-owners no wanton or unnecessary damage, and do no act contrary to law, or injurious to the public interest, their action cannot be interfered with by way of injunction. Benton v. Stewart, Bright. Eq. 257 n. And see Mellon v. Seranton, 3 Law Times (N. S.) 118. 29 March 1803 herein enjoined and required. Every warden who shall be appointed by virtue of §§ 6, 7. 4 Sm. 69. this act shall, before he takes upon himself the exercise of the duties herein Oath. Ibid. § 3. Daily attendance at office. 29 March 1803 § 36. 4 Sm. 69. be recovered. required, take an oath or affirmation before one of the judges of the court of. common pleas for the county of Philadelphia that he will well and faithfully, to the best of his skill, understanding and judgment, do, execute and discharge the office and duties of a warden of the port of Philadelphia, without favor or partiality, according to the laws of this commonwealth. 13. The master warden, (!) or in case of his sickness or necessary absence, some one of the said wardens to be chosen by themselves shall attend every day at the said office (Sundays excepted), from ten of the clock in the forenoon till one of the clock in the afternoon, for the despatch of such business as may be necessary in pursuance of this act, and the person so chosen shall, during the time of such sickness or necessary absence, be vested with the like powers and authorities to do and perform the same duties, and receive the same compensation as the said master warden would have been entitled to. IV. Salaries, fees, penalties. 14. All forfeitures, penalties, sum and sums of money, in and by this act made payable to the master warden for the time being, shall be sued for and recovered How penalties to by the said master warden, with costs of suit, before the mayor or any alderman of the city of Philadelphia, or before any justice of the peace in this state, where the same shall not exceed the sum of twenty-six dollars and sixty-seven cents, in like manner as other debts under ten pounds are by the laws of this commonwealth recoverable, and subject to the like appeal, security, trial and costs; and all such forfeitures, penalties, sum and sums of money, as shall amount to more than twenty-six dollars and sixty-seven cents, shall be sued for and recovered, with costs of suit, by action of debt, case, bill, plaint or information, in any court of record within this state. 8 April 1826 § 1. P. L. 253. To whom to be paid. Ibid. § 2. and decayed pilots. 15. All fines, penalties, forfeitures and sums of money collected by the master warden of the port of Philadelphia from any master or masters of vessels for not making the reports required by the twenty-ninth section of the act to which this is a further supplement, and by the third section of the supplement to that act, passed on the thirteenth of March, one thousand eight hundred and seventeen, shall be paid over by the said master warden, after deducting all expenses accrued in the collection thereof, to the president for the time being of the [society for the relief of distressed and decayed pilots],(m) and the receipt of such president shall be a good and sufficient discharge to such master warden for all sums so paid over; and all sums so paid shall form a part of the funds of said society, and shall be applied to the purposes and in the manner pointed out by the constitution and by-laws of the society. 16. If any such fines, penalties, forfeitures or sums of money shall become due, and shall remain unpaid, and shall not be sued for by the said master warden Society for the relief of distressed within one year from the time when they shall have been incurred, it shall and may be lawful for the society aforesaid to cause suit to be instituted for the same before any tribunal having jurisdiction in cases of like amount, which suit shall be brought in the name of the master warden, to the use of the said society, by action of debt, case, bill, plaint or information, subject to like appeal, security, bail and costs as is provided for by the thirty-sixth section of the act of twenty-ninth March, one thousand eight hundred and three, to which this is a supplement.(n) May sue for penalties. 16 April 1888 § 26. P. L. 571. 17. The board of wardens of the port of Philadelphia shall, from time to time, regulate the fees to be paid to the health-officer and harbor master: Provided, Board to regulate That the boats and vessels passing through the Raritan canal and Delaware and fee of health-officer Chesapeake canal shall not be subjected to any fee whatever, any law to the contrary notwithstanding. and harbor master. 4 Feb. 1846 § 6. P. L. 31. Salary of master warden to be paid out of fees. 18. So much of any law as authorizes the payment out of the state treasury of any money for the salary of the master warden of the port of Philadelphia, or for contingencies, or clerk hire, in his said office, be and the same is hereby repealed; and thereafter the said salary, contingencies, and clerk hire shall be paid out of the fees which the board of wardens of said port shall collect from vessels arriving at the port of Philadelphia: Provided, That the said fees shall not be collected on vessels under the burthen of seventy-five tons; nor on any canal-boats trading on the canals of this commonwealth, and shall not exceed fifty cents on each vessel:(0) And provided further, That all fines and penalties, as are directed by this act, and tained by wardens, the various acts to which this is a supplement, to be paid into the state treasury for Certain vessels not to pay. Certain fines and penalties to be re (1) The act 6 April 1870, § 1, P. L. 958, requires stevedores to take a license from the auditor-general and enter security for wages and against damages to cargo. It further directs the auditor-general to send to the master warden's office a list of licensed stevedores, to be distributed among the ship-brokers and commission houses. The act of 27 May 1871, P. L. 1255, enacts that the auditor-general shall not grant a license to any person unless he shall present a cer P. L. 31. the payment of the salary of the master warden, clerk hire, and the contingent 4 Feb. 1846 § 6. expenses of the office of the wardens, shall, from and after the first day of April next, be retained by the wardens of the port of Philadelphia, and applied by them, in conjunction with the fees herein specified, to the payment of the salaries and contingent expenses of their office. P. L. 508. 19. In the proviso in the fourth section of the supplement to an act passed 10 April 1846 § 1. March twenty-ninth, one thousand eight hundred and three, to establish a board of wardens [for] the port of Philadelphia, and for other purposes, approved February Construction of fourth, one thousand eight hundred and forty-six, nothing shall be construed as to previous section. abridge or impair, in any manner, the authority of the wardens of the port of Philadelphia in the regulations of pilots and other matters, as provided in the act of March twenty-ninth, one thousand eight hundred and three; and the proviso of the sixth section of said supplement, to wit: "Provided, That the said fees shall not be collected on vessels under the burthen of seventy-five tons, nor any canalboats trading on the canals of this commonwealth, and shall not exceed fifty cents on each vessel," shall be so construed as to authorize the wardens of the port of Philadelphia to collect a sum not exceeding [one dollar] (p) on each vessel, for each and every voyage by such vessel performed, and no more. 20. The harbor master and port warden of the port of Philadelphia shall each receive the sum of twenty-five hundred dollars annually, to be paid out of any funds in the state treasury not otherwise appropriated. V. Appeals. 15 April 1869 § 1. P. L. 972. Salaries of harbor master and master warden. board. 21. If any person or persons shall think himself or themselves aggrieved by any 29 March 1803 § 10. order or sentence made by the master warden for the time being, it shall and may 4 Sm. 69. be lawful for such person or persons to appeal therefrom to the board of wardens, Appeal from mason giving bond to the master warden, with one sufficient surety, in any sum not ter warden to the exceeding one hundred dollars, to abide and perform the final determination of the board thereon; of the sufficiency of such security the master warden shall judge and determine; which bond shall be executed and tendered within twenty-four hours after notice of such order or sentence, and the party appellant shall prose-· cute such appeal with effect, before the board at their next meeting, otherwise their appeal shall be dismissed, unless a satisfactory cause for a further continuance be shown to the board; and if either of the parties shall require it, and the master warden for the time being shall think it proper, a special meeting of the board shall be called for the hearing of such appeal, as early as conveniently may be, and if upon such hearing, either at a stated or special meeting, the original order or sentence shall be affirmed, the board shall award such reasonable costs to be paid by the appellant as they shall adjudge to be adequate to the expenses occasioned by the appeal, including the established pay of the master warden and the clerk, for so long a time as they shall have attended on the said business. 22. Any person aggrieved by any decision of the board of wardens may have an appeal to the court of quarter sessions or other courts, as provided by laws heretofore existing.(q) 28 April 1851 § 12. P. L. 722. Appeal from the board to court. P. L. 756. ing an application 23. Any person or body corporate aggrieved(r) by a decision of the board of 8 April 1868 § 6. wardens, in either granting or refusing, in whole or in part, an application for a license to erect or extend a pier or wharf, or as to any other matter under this From decision act, may, within thirty days after the date of the said decision, present a petition granting or refusto the court of common pleas for the city and county of Philadelphia, setting forth to erect or extend the facts of the case, and the grounds of the petitioner's complaint, and thereupon a wharf. the said court, after having caused due notice of the presentation of the said petition and of the time fixed for the hearing thereof to be given to all persons whom they may deem legally interested therein, shall proceed to hear and determine the subject-matter of the said petition, and shall make such order in the premises as they may think the board of wardens should have made; and the said order shall be final and conclusive; and it shall be lawful for. the said court to appoint a commissioner to take evidence to be used on the said hearing, and to make such order for the payment of the costs by one or more of the parties to the proceeding as justice may require. POTATOES. See WEIGHTS AND MEASURES. (p) See act 5 April 1867, P. L. 797. (7) See also section eight of same act, and act 24 April 1854, P. L. 485. (r) No one can appeal from the decision of the board of wardens, on an application for a license to erect a wharf into the river Delaware, except the party whose application has been refused. Richardson's Appeal, 30 P. S. 510. If the wardens license that which is a nuisance, the parties aggrieved are not bound to appeal from their decision; it may be restrained by injunction. Frankford v. Lennig, 2 Phila. 403. |