134 BINNEY'S CASE.

must be greatly hindered and retarded; and so far the two uses of
the water are also incompatible. It is to that incompatibility of
those two uses, when exercised without 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 discretion of the corpora-
tion, (r)

Hence, I feel satisfied, that by this expression, 'if it can be
conveniently done to answer both purposes,' this body politic has
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 proprie-
tor would not be without redress; since the law has provided 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 pro-
prietors 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 c 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 beginning to
end, speaks of but one line of navigation; it affords all the pow-
ers necessary to make that one line, 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; (s) which were deemed sufficient for
all the purposes of the contemplated 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 a canal; or
to enlarge it after it had been made.

(r) The Bridgewater Canal, and the Dearne and Dove Canal, in England, have
tumbling bays, and guage wiers for mills, and for watering meadows.—Rees.' Cyclo
art. Canal.—(i) 1784, ch. 33, s. 17.