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BINNEY'S CASE.-2 BLAND. 10!1
have always deemed it best to grant the injunction, because for the
purpose of obtaining an injunction,- it is sufficient that the case be
important and doubtful; Mestaer v. Gillespie, 11 Ves. 830; and at
the same tine to give the defendants, as in this instance, an oppor-
tunity of having its propriety reconsidered as soon as possible.
Drew v. Ilarrrran, 2 Dxc)z. Rep. 256.
Passing by the informalities of the pleadings, there appear to be
three distinct subjects presented to the Court for- investigation.
First, the plaintiff's claim to certain natural mill-sites which, it is
alleged, are in danger of being irreparably injured or destroyed.
Secondly, the plaintiff's claim to certain artificial mill-sites, de-
rived from the defendants' canal, which also, as it is alleged, are
in like imminent danger-and, thirdly, the illegal and unauthorized
expenditure * of the funds of the body politic, by its presi-
dent and directors, to the great prejudice anal irreparable 1114
injury of the plaintiff, who is one of the stockholders thereof. A
careful examination of these three subjects will carry us over all
the causes of complaint now brought before the Court.
The plaintiff' alleges, that he is the owner of certain natural
mill-sites, which are in danger of being ruined by the defendants;
and, therefore, he, asks to have them protected. Natural mill-sites
differ according to the form of using water as a propelling power.
But here the kind of natural mill-sites claimed are sufficiently
designated by- describing there, as being situated on the margin of`
the River Potomac, above tide-water; and where the river is a
rapidly descending stream. It follows, therefore, that the kind
of mill-sites spoken of are those where machinery is propelled by
falling water. So much of this case depends upon hating a just
conception of a mill-site of this kind, that I deem it proper to be
particular in the description of it; and, since truth is often more
readily and effectually conveyed to the mind by the eye, than by
the ear; I have thought it best, for the purpose of giving a more
distinct explanation of this matter, to subjoin the following figure
or diagram. Just. Inst. lib. 3, tit. 6, s. i.
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