Charles Fisk Beach
Published: 2013-09
Total Pages: 404
Get eBook
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...for the benefit of the public, without discrimination or unreasonable charges for individual use.... The wharf property being so held in trust for use of the public, and in aid of trade and commerce, the city... cannot transfer its title or possession, nor, according to a plain and well-settled principle, can the general council which is by statute invested with power of control, and burdened with the duty of maintaining, preserving and operating the wharves, either delegate the power or disable itself from performing the duties. It is even more manifest that the ' Commissioners of the Sinking Fund, ' which is a distinct corporation created by that name for specified purposes, and invested with limited power, cannot hold or control the wharf property, authority to do so being nowhere given by its charter; nor would it be either provident or consistent with the purpose of its creation to so invest it." 1 Commonwealth v. Plaisted (1889), 2 Dillon on Munic. Corp., 110. 148 Mass. 375; s. c, 19 N. E. Rep. 224. Roberts v. City of Louisville (Ky See, on last point Reynolds v. United 1891), 17 S. W. Rep. 216. States, 98 V. 8. 145, 161; State v. White, 64 N. H. 48. 1246. Restraint of certain uses of wharves.--Tax-pa-ers whose private interests are subserved by the maintenance of wharves may sue to restrain by injunction the passage of an ordinance by a city council authorizing the mayor to convey property which the city holds under a legislative act, and which was paid for by taxation, for the purpose of erecting wharves thereon.1 And the withdrawal of such an ordinance will not defeat the injunction.2 1247. Limit upon liability growing out of control of docks.--Though the charter of a city may make its common...