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64 BOSLEY v. THE SUSQUEHANNA CANAL.
intentionally injure any obstruction placed across the towing path
of said Canal, for the purpose of protecting its banks from being
cut up and destroyed by wheeled vehicles, such person should
be liable to a fine of $40; (1828, ch. 59, s. 5)—which law so im-
mediately and intimately affected the rights of the plaintiff, having
been passed without his knowledge, he, by his petition represented
to the General Assembly all the facts and circumstances in relation
thereto; whereupon, they passed an act by which the said legisla-
tive enactment was repealed, (1828, ch. 138.) That the defendants
had, on the 7th of April, 1829, erected a rough frame house,
about eighteen by twenty-one feet, immediately upon the towing
path on the western side of the Canal, which house was clandes-
tinely prepared, erected, and made habitable in less than twenty-
four hours, and guarded on the first night after it was so located, and
taken possession of by a tenant the following morning. By which
means the plaintiff's access to his mill-site was much impeded,
and the towing path, so essential to the prosperity of his mill, was
totally obstructed.
Whereupon the bill prayed for a writ of injunction to be directed
to The governor and directors of the Susquehanna Canal and their
agents, &c. commanding The governor and directors of the Sus-
-quehanna Canal, immediately to remove, or cause to be removed
the said frame house, and all other obstructions upon the towing
path of said Canal; and enjoining upon them and their agents to
allow a free and uninterrupted passage along the towing paths of
said Canal, to the plaintiff, his agents, &c. until the further order
of the court. And that a writ of subpaena be directed to The
governor and directors of the Susquehanna Canal, and their agents,
commanding them to appear, &c.
21st April, 1829.—BLAND, Chancellor.—This bill has been
submitted as usual ex parte, without argument or remark. On
turning to the act of Assembly by which these defendants have
been incorporated, it appears that they have been made capable of
suing and being sued only by the name of 'The Proprietors of the
Susquehanna Canal.' And it is declared that the said corporation
or a majority of them shall elect out of their own members a go-
vernor and three directors, a treasurer and secretary for the year, (s)
Hence, although it is most fair to presume, that the plaintiff in-
tended to have made this body politic a defendant by its proper
(a) November, 1783, ch. 28, s. 2 and 3.
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