HARBORS, OR PORTS, in law. In England, as well as Scotland, the right to erect and hold ports and havens is vested in the crown. Nevertheless, this right may legally exist in the subject, provided the latter can prove that he has a charter or grant from the crown, or has exercised the right from time immemorial, which presumes a charter or grant. But even though an individual has a right to a particular port or harbor, he holds it charged with or subject to the right of the public to make use of it. The crown has also the superintending power of opening and shutting ports for the purpose of pro hibiting the importation or exportation of goods. It is also a settled maxim that the duties or tolls exacted should be reasonable and moderate. In England the grantee of a port is presumed to be bound to repair it; but in Scotland this obligation only extends to compel the owner to apply the dues towards repairs so far as they will go.
In most cases the powers of the common law have been insufficient to regulate the progressive wants of the public as regards harbor accommodation; and various acts of parliament have been passed for the purpose of authorizing harbors to be constructed, or extended and improved, and for exacting dues or tolls for the purpose of repaying the expenses. In 1847 a general consolidation act (10 Viet. c. 27) was passed for the
United KingdOm, providing a code for the regulation of the procedure and conduct of all bodies, commissioners, etc., charged with making and improving harbors, docks, arid piers. The duties of such bodies are there defined in all their details, as well as the mode of levying and collecting the tolls. The act was amended in 1861. Various local acts are also from time to time passed to meet the peculiar wants of localities. The principle of all these acts is, that the commissioners are empowered to make the workS, and, by way of paying for the expense, to levy a small toll on those who use the harbor.