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BOSLEY t?. THE SUSQUEHANNA CANAL. 63
BOSLEY e. THE SUSQUEHANNA CANAL,
An injunction may be granted on an ex parte application on the bill alone, notwith-
standing an apparent misnomer of the defendant corporation. An injunction
granted before answer does not order the defendant to do, or to undo any thing.
Where a canal and its towing paths are directed to be kept in repair for the use of
the public, they must be considered as highways; and the acts of Assembly in
relation thereto as public laws of which the court must take notice. A fee sim-
ple as encumbered with a right of way. Nothing can be deemed a breach of an
injunction forbidding the disturbance of a peculiar right of way which does not
interfere with its free exercise.
THIS bill was filed on the 21st of April, 1829, by James Bosley
against The proprietors of the Susquehanna Canal. It states, that
the defendants by a deed bearing date on the 18th of October,
1813, conveyed to Edward Wilson, three mill-site lots on the east
side of the river Susquehanna, and on the west side of the Sus-
quehanna Canal, at the tide-water locks, and delineated on a plan
made for the defendants as lots No. 5, 6 and 7, with three other
lots of land on the east side of the Canal, directly opposite to
those above mentioned, and distinguished on the said plan as No.
20, 21 and 22; and also the right of taking water from the Canal
sufficient for the working of six pair of mill-stones of six feet
in diameter each. In which deed from the defendants to Wilson,
is a covenant in the following words : 'And it is mutually agreed
and understood by and between the parties to these presents, in
manner following, that is to say, that the towing path of twenty
feet on the west side of the Canal, and that of forty feet on the
east side thereof are, and shall at all times be considered public
highways, and shall not at any time be shut up or unnecessarily
obstructed.' That Wilson, by an indenture bearing date on the
6th of July, 1826, conveyed the said six lots of land to John Paul;
who conveyed them to this plaintiff. That the plaintiff had, at a
heavy expense, improved the said lots; there being erected upon
some of them a very extensive merchant mill, and other buildings;
the peculiar location of which property was such, that the towing
paths of the Canal, which it had been stipulated as aforesaid, in
the deed from the defendants to Wilson, should be used as high-
ways, constituted the plaintiff's most direct, convenient, and in
fact only mode of access to his mill and other property. The bill
further states, that the defendants by their petition to the General
Assembly, caused a law to be passed, in which, among other
things, it was declared, that if any person should break down or
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