Page:Federal Reporter, 1st Series, Volume 2.djvu/382

 BROECK V, BAEGB JOHN M. WELCH. 375 �in admiralty, by a suit in rem against the vessel. £t pro- ceeded to examine the question as to the constitutionality of the wharfage statute of New York, applicable to wharfage at wharves in New York and Brooklyn, and held it to be valid, and a statute to be resorted to in order to determine the rate of wharfage for the wharfage service rendered by the libellants. �The statute of New York, of 1870, before set forth, was followed by the act of 1872, hereafter referred to, and that a.gain by the act of May 21, 1875, (Laws of New York, 1875, c. 405, p. 482.) The present case arose after the lat- ier date. The act of 1875 amends section 1 of the act of 1872, so as to read as foUows : "Section 1. It shall be lawful to charge and receive, within the cities of New York, Brooklyn and Long Island City, wharfage and dockage at the following rates, namely: Prom every vessel that uses or makes fast to any pier, wharf or bulk-head within said cities, or makes fast to any vessel lying at each pier, wharf or bulk-head, or to any other vessel lying outside of such vessel, for every day or part of a day, as f oUows : Prom every vessel of two hun- dred tons burden and under, two cents per ton, and for every vessel over two hundred tons burden, two cents per ton for each of the first two hundred tons, and one-half of one cent per ton for every additional ton, except that ail canal-boats navigating the canals of this state, vessels known as North river barges, market boats, and sloops employed upon the rivers of this state, and schooners exclusively employed upon the rivers of this state, shall pay the same rates as such boats or barges were liable to pay under the provisions of the act passed April tenth, eighteen hundred and sixty; but no boat or vessel shall pay less than fifty ceuos for a day, or part of a day, and the class of sailing vessels now known as lighters shall be at one-half the first above rates ; but every other vessel making fast to a vessel lying at any pier, wharf or bulkhead within said cities, or to another vessel outside of. such vessel, or at anchor within any sUp or basin, when not receiving or discharging cargo or ballast, one-half the first ibove rates ; and f rom every vessel or floating structure other ����