50 BOSLEY v. SUSQUEHANNA CANAL—3 BLAND.

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 necessarily
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
* intentionally injure any obstruction placed across the tow-
64 ing 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
immediately 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 circum-
stances in relation thereto; whereupon, they passed an Act by which
the said legislative enactment was repealed, (1828,ch. 138.) That
the defendants had, on the 7th of April, 1829, erected a rough frame
bouse, about eighteen by twenty-one feet, immediately upon the
towing path on the western side of the canal, which house was
clandestinely prepared, erected, and made habitable in less than
twenty-fours, 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 im-
peded, 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 subpoena be directed to The
Governor and Directors of the Susquehanna Canal, and their
agents, commanding them to appear, &c.

BLAND, C., 21st April, 1829.—This bill has been submitted as
usual ex parte, without argument or remark. On turning to the