BINNEY'S CASE.—2 BLAND. 127

ume as to give a rapid motion to the waters, the navigation, in one
way at least, * must be greatly hindered and retarded; and
so far the two uses of the water are also incompatible. It 134
is to that incompatibility of those two uses, when exercised with-
out limit, to which this law here alludes; and it is that matter which
it was the intention of the Legislature to submit to the sound dis-
cretion of the corporation, (n)

Hence, I feel satisfied, that by this expression, " if it can be
conveniently done to answer both purposes," this body politic Las
been clothed with as perfect a freedom of will and discretion, as
that reserved to the proprietors; because, even if the corporation
should refuse to "enter into a reasonable agreement," the pro-
prietor would not be without redress; since the law has pro-
vided for him an adequate mode of obtaining compensation for his
property; and because, if the corporation were held to be under
any sort of obligation, such obligation would place it in the power
of the proprietors to subject the body politic to such a judicial
control as might defeat the principal and great object itself. It
being then a matter entirely at the pleasure of the corporation to
enter into such reasonable agreements as they might think proper;
and no contract appearing to have been made with this plaintiff',
or any one under whom he claims, the Court, finds this company
under no kind of legal obligation which it can command them to
fulfil.

In the preamble to this section, it is declared, that " some of
the places, through which it may be necessary to conduct the said
canals, may be convenient for erecting mills." And here, it is said,
that reasonable agreements may be made, " with the proprietors
of such situation concerning the just proportion of the expenses
of making large canals or cuts." The whole law, from begin-
ning to end, speaks of but one line of navigation; it affords
all the powers necessary to make that one Hue, but no more.
Canals and cuts are parts of the line; and they are directed to
be twenty-five feet wide, and four feet deep; 1784, ch. 33, s. 17;
which were deemed sufficient for all the purposes of the con-
templated navigation. It was not deemed necessary to give to
the corporation authority to make larger canals for that purpose ;
or to alter the route of the canal; or to enlarge it after it had
been made.

* The "making large canals," therefore, can only mean
such as were to be made originally, and in the first instance. 135
If the proprietors and the company could agree "concerning the
just proportion of the expenses," those canals, when about to be

(n) The Bridgewater Canal, and the Dearne and Dove Canal, in England,
have tumbling bays, and gauge wiers for mills, and for watering meadows.—
Rees' Cyclo. Art. Canal.