People v. San Francisco Gas-Light Co.
Before: Department, Myrick
Synopsis
Dockage—State Harbor Commissioners —San Francisco Gas-light Co.— Dockage is collected to assist in defraying the expense of dredging; and under the lease from the State Harbor Commissioners to the defendant, (made under the Act of April 4th, 1870, Stats. 1870, p. 799)—by the terms of which the defendant is to do all the dredging at its dock—the former have not the right to collect dockage fees for vessels engaged in the defendant’s business, landing at its wharf; but the latter may, under contract with such vessels, collect such fees.
Department No. 2, Myrick, J.: During the continuance of the lease set forth in the transcript, the defendant has the legal right to retain the moneys received by it on account of the vessel Mariano, whether it be called dockage, or a collection for a share of the expense of dredging. We do not mean to say that defendant has a legal right to collect dockage as dockage rates or tolls, but by virtue of contract [251]with vessels doing business with it. The plaintiff has not the legal right to collect dockage for vessels landing at the premises leased, provided the vessels be engaged in the business of defendant. Dockage is collected to assist in the expense of dredging; and by the terms of the lease, defendant is to do all the dredging free of expense to the State. It has the right to require that vessels doing business with it shall share in that expense.
. Judgment affirmed.
Thornton, P. J., and Sharrstein, J., concurred.
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