If any person shall hereafter erect, make or fix, or cause to be erected, made or fixed, on any wharf within the city of Philadelphia, any building, inclosure or other obstruction, whereby a free passage over and along the same shall be impeded or prevented, every such person shall forfeit and pay for every such offence any sum not exceeding one hundred dollars, to be recovered in the same manner, and for the same uses, as is directed in and by the thirty-sixth section of this act, and the said wardens shall cause such building, inclosure or obstruction to be abated or removed, if the owner or occupier of any such wharf shall neglect or refuse to abate or remove the same on three days' notice from the said board of wardens: Provided always, nevertheless, That nothing hereinbefore contained shall be taken or construed in anywise to prevent any such owner or occupier from depositing during a reasonable time, on any such wharf, goods, wares and merchandise, unladen from or about to be shipped on board of any ship or vessel, or for the purpose of being stored, always allowing a sufficient passage for carts, wagons and drays, nor in anywise to hinder any person, otherwise entitled so to do, from erecting any building or inclosure on any part of such wharf lying to the westward of low-water mark or tideway of the river Delaware.
53 P.S. § 16861