The Power of the State to Control the Compensation Recievable for the Use of Pri
The Power of the State to Control the Compensation Recievable for the Use of Pri
United States. Supreme Court
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If the king or subject have a publick wharf, unto which all persons that come to that port must come and unlade or lade their goods as for the purpose, be- cause they are the wharves only licensed by the king, ... Or because there is no other wharf in that port, as it may fall out where a port is newly erected, in that case there cannot be taken arbitrary and excessive duties for cranage, wharfage, pesage, &c. , neither can they be enhanced to an immoderate rate, but the duties must be reasonab...le and moderate, though settled by the king's license or charter. For now the wharf and crane and other conveniences are affected with a publick interest, and they cease to be juris privati only; as if a man set out a street in new building on his own land, it is now no longer bare private interest, but is affected by the publick interest. " The purport of which is that if one have a public wharf, by license from the government or his own dedication, he must exact only reasonable compensation for its use.
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