W HARFAG E. The money paid for land ing goods upon, or loading them from, a wharf. Dane, Abr. Index ; Sacramento v. The "New World," 4 Cal. 41. It may be on an artificial or a natural landing; Sacramen to v. The "New World," 4 Cal. 41.
Wharfingers in London are not entitled to wharfage for goods unloaded into lighters out of barges fastened to their wharves ; 3 Burr. 1409 ; 1 W. Bla. 243. And see Camden & A. R. Co. v. Finch, 5 Sandf. (N. Y.) 48, It has been held that, owing to the interest which the public have in the matter, rates of wharfage may be regulated by statute; Murphy v. Montgomery, 11 Ala. 586. And see Albany v. Trowbridge, 5 Hill (N. Y.) 71; Fitzsimons v. Milner, 2 Rich. (S. C.) 370; 8 B. & C. 42.
Claims for wharfage are cognizable in ad miralty, and, if the vessel is a foreign one or from another state, the claim of the wharfinger is a maritime lien against the vessel, which may be enforced by a proceed ing in rem, or by a libel in personam against the owner of such vessel; Ex parte Easton, 95 U. S. 68, 24 L. Ed. 373; The Allittnca, 56 Fed. 609. A state statute conferring a reme dy for such claims by proceedings in rem is void; Brookman v. Hamill, 43 N. Y. 554, 3 Am. Rep. 731. But as to domestic vessels, the lien of the wharfinger is only enforce able as a common-law lien; Russel v. The Asa R. Swift, 1 Newb. 553, Fed. Cas. No. 12,144; Delaware R. S. Co. v. The Thomas, 9' Phila. 364, Fed. Cas. No. 3,769. See The Advance, 60 Fed. 766. In the absence of any agreement between the parties, reasonable wharfage will be allowed; Ex parte Easton, 95 U. S. 68, 24 L. Ed. 373. A lease giving the lessee "the sole and exclusive right to use the public wharf for his ferry boat," does not authorize the collection of toll for wharf age; Russel v. The Empire State, 1 Newb.
541, Fed. Cas. No. 12,145. A municipal cor poration cannot exact a charge upon vessels for entering or leaving a port or remaining therein and using the wharves or landings, for the general revenue of such corporation; Cannon v. New Orleans, 20 Wall. (U. S.) 577, 22 L. Ed. 417; Keokuk N. L. P. Co. v. Keokuk, 95 U. S. 80, 24 L. Ed. 377; but it may collect from parties using its wharves, such reasonable fee as will fairly remunerate it for the use of its property; Northwestern U. P. Co. v. St. Louis, 100 U. S. 423, 25 L. Ed. 688; De Bary Baya M. L. v. R. Co., 40 Fed. 392. That such fees are regulated by the tonnage of the vessel will not constitute them a tonnage tax under the constitution, art. 1, paragraph 3, § 10; Johnson v. Drum mond, 20 Gratt. (Va.) 419. See Leathers v. Aiken, 9 Fed. 679. A ship compelled by stress of weather to moor to a wharf for safety, is not liable to a charge for wharfage, where the wharf is a private one, and no fixed rate of charge is in use; Heron v. The Marchioness, 42 Fed. 173. Vessels which have made use of a wharf, whether under express or implied contract, cannot refuse payment of wharfage on the ground that the wharfinger is not the legal owner of the property ; The Idlewild, 59 Fed. 628.
See full note on the right to wharfage in 70 L. R. A. 193; and on lien for wharfage in M. 353.