Gambar halaman

of each year.

P. L. 52.

Power to enter

2 April 1869 $ 4. see, to each and all of the several canals which connect mediately or immediately P. L. 13.

with the canals so leased, sold or disposed of. Ibid. $ 5. 12. It shall be lawful for any of such canal companies to alter the time of their

respective annual meetings of stockholders to the second Tuesday in February Annual meetings. 11 April 1868 & 1. 13. It shall and may be lawful for any canal company or companies, created

by or existing under the laws of this commonwealth, from time to time, to enter

into any contract or contracts with any other canal company or companies charinto contracts with tered by, or of which the canal or canals is or are authorized to extend into this other coinpanies.

commonwealth, for the purpose of enlarging and improving their said canal or canals, and for the interchange of traffic, upon such terms and conditions as may be agreed upon with the company or companies owning the same, and to use and operate such canals in accordance with such contract, and to purchase and hold the stock and bonds of either of such companies: Provided, That the canals of the companies so contracting shall be either directly, or by means of interveuing canals, connected with each other; and all acts and parts of acts inconsistent with this act are hereby repealed, and all such contracts now existing are hereby

ratified. 14 April 1870 § 1. 14. It shall be lawful for any canal or navigation company, incorporated by

this commonwealth, to purchase and hold the stock and bonds and to lease the Canal and naviga- road and property of, or become consolidated and merged with, any railroad comtion companies pany so incorporated, and for any such railroad company to purchase and hold may stockor bonds of the stock and bonds, and to lease the canal, navigation and property of, or become or become consoli- consolidated and merged with any such canal or navigation company, in the same railroad company,

manner as such purchases, leases, consolidation and merger are now allowed by and vice versa. law by and between railroad companies; and all the provisions of existing acts

relative to such purchases, leases, consolidation and merger by and between railroad companies are, whenever applicable, hereby extended so as to embrace the

purchases, leases, consolidation and merger hereby authorized. 17 April 1871 $ 1. 15. The act approved April 14th, 1870,(i) entitled “A supplement to an act,

entitled · An act relating to railroad and canal companies,' approved April 11th, Act 2 April 1968,

18614," shall not operate or be deemed to repeal or affect the provisions contained

in the 4th section of the act, approved April 2d, Anno Domini 1868,(k) entitled deeined repealed

“ an act extending to canal companies the privileges heretofore conferred on railSusquehanna. road companies, and to authorize them to deepen, improve their canals, and provide

improved facilities for transporting property,” so far as relates to the canals situate on the Susquehanna river and its tributaries, and canals connected directly there. with ; and that the said fourth section shall to that extent, and to said canals, be and continue in full force and effect.

P. L. 75.

dated with any

P. L. 239.

$4, not to be

as to canals on the

P. L. 450.

How canal and

P. L. 83.

II. Of the construction and improvement of canals. 5 May 1855 $ 1. 16. All incorporated canal and navigation companies shall have the same rights

to obtain lands and materials for the repair, enlargement or improvement of their

works as are conferred upon railroad companies, for the purposes therein named, navigation com

by the 10th and 11th sections of the act of 19th of February 1849, entitled “ An panies may obtain materials, &c. act regulating railroad companies”; (!) the said navigation and canal companies

paying for the said land and materials as provided for in said act: Provided, That this section shall not authorize any canal or navigation company to occupy any street or alley not now occupied in any incorporated city or borough in this com

monwealth. 19 Feb. 1849 $ 1. 17. The president and directors of such company shall have power and authority

by themselves, their engineers, superintendents, agents, artisans and workmen, to May enter upon

survey, ascertain, locate, fix, mark and determine such route for a railroad as they and occupy lands, may deem expedient, not however passing through any burying-ground or place

of public worship, or any dwelling-house in the occupancy of the owner or owners thereof, without his, her or their consent, and not, except in the neighborhood of deep cuttings, or high embankments, or places selected for sidelings, turnouts, depots, engine or water stations, to exceed sixty feet in width, and thereon to lay down, erect, construct and establish a railroad, with one or niore tracks, with such branches or lateral roads as may be specifically authorized, and with such bridges, viaducts, turnouts, sidelings or other devices as they may deem necessary or useful between the points named in the special act incorporating such company, commencing at or within, and extending to or into any town, city or village, named as the place of beginning or terminus of such road; and in like manner, by themselves, or other person by them appointed or employed as aforesaid, to enter upon and into, and occupy(m) all land on which the said railroad or depots, warehouses,


(i) Supra 14.
(k) Supra 11.

(7) See infra 17-18; the greater part of the 10th section of the act of 1849 is inapplicable to canal companies; and it may be doubted whether the act of 9 April 1856, P. L. 288, supplementary to the act of

1849, has been extended to them. See tit. “Railroads."

(m) Their right is merely an easement, not an interest in the land. Western Pennsylvania Railroad Co. v. Johnston, 59 P. S. 290, and cases there cited.

P. L. 53.



offices, toll-houses, engines and water stations, other buildings or appurtenances 19 Feb. 1949 $ 1. herein before mentioned may be located, or which may be necessary or convenient for the erection of the same, or for any purpose necessary or useful in the construction, maintenance or repairs of said railroad, and therein and thereon to dig, excavate and embank, make, grade and lay down and construct the same; and it shall And on adjoining in like manner be lawful for such company, their officers, agents, engineers, con- premises to obtain tractors or workmen, with their implements and beasts of draft or burden, to enter upon any lands adjoining or in the neighborhood of their railroad, so to be constructed, and to quarry, diy, cut, take and carry away therefrom, any stone, gravel, clay, sand, earth, wood or other suitable material necessary or proper for the construction of any bridges, viaducts or other buildings, which may be required for the use, maintenance or repairs of said railroad: Provided, That before such com- Compensation to pany shall enter upon or take possession of any such lands or materials, they shall be first made or make ample compensation to the owner or owners thereof, or tender adequate

security tendered. security therefor: Provided further, That the timber used in the construction or Timber to be obrepair of said railroad shall be obtained from the owner thereof only by agreement tained only by conor purchase : [And provided further, That whenever any company shall locate its road in and upon any street or alley, in any city or borough, ample compensation shall be made to the owners of lots fronting upon such street or alley, for any damages they may sustain, hy reason of any excavation or embankment made in the construction of such road, to be ascertained as other damages are authorized to be ascertained by this act.](n) 18. When the said company cannot agree with the owner or owners(() of

Ibid. $ 11. any lands or materials for the compensation proper for the damage(p) done, or How damages to likely to be done to or sustained by any such owner or owners of such lands be assessed. or materials, which such company may enter upon, use or take away, in pursuance of the authority herein before given, or by reason of the absence() or legal incapacity of any such owner or owners, no such compensation can be agreed upon,(r) the court of common pleas of the proper county, on application thereto by petition,($) either by said company, or owner or owners, or any one in behalf of either, shall appoint(t) seven discreet and disinterested free- Viewers to be holders of said county, neither of whom shall be residents or owners of property appointed. upon or adjoining the line of such railroad, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given, by the petitioner, to the said viewers and the other party ;(u) and the said viewers, or any five of them, having been first duly Their duties. sworn or affirmed, faithfully, justly and impartially to decide, and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire in pursuance of the provisions of this act, and haring viewed the premises, they shall estimate and determine the quantity, quality and value of said lands so taken or occupied, or to be so taken or occupied, or the materials so used or taken away, as the case may be, having a due regard to, and

Ibid. 85.

(n) See supra 16.

Lackawanna and Bloomsburg Railroad Co., Ibid. 428. (0) Tenants for years are owners within the pur Hornstein v. Atlantic and Great Western Railroad view of the act. Turnpike Roud v. Brosi, 22 P. S. 29. Co., 51 Ibid. 87. And see Lehigh Valley Railroad Co. Brown v. Powell, 25 Ibid. 229. North Pennsylvania v. Trone, 28 Ibid. 206. Pittsburgh, Fort Wayne and Railroad Co. v. Davis, 26 Ibid. 238. But a ground- Chicago Railway v. Gilleland, 56 Ibid. 443. Western landlord is not such owner. Voegtly v. Pittsburgh Pennsylvania Railroad Co. v. Hill, Ibid. 460. Wild and Fort Wayne Railroad Co., 2 Gr. 213. See Work- mington and Reading Railroad Co. v. Stauffer, 60 man v. Mifflin, 30 P. S. 362.

Ibid. 374. (p) They are liable to consequential damages no (9) That is, beyond the reach of process. Reitenfurther than provided by the act of incorporation. baugh v. Chester Valley Railroad Co., 21 P. S. 100. Monogahela Navigation Co. v. Coons, 6 W. & S. 101. (r) They cannot petition for the appointment of Henry y. Pittsburgh and Allegheny Bridge Co., 8 viewers, until they have applied to the owner, and

Mononganela Navigation Co. v. Coon, 6 endeavored to agree with him as to the compensation. P.S. 379. New York and Erie Ruilroad Co. v. Young, Reitenbaugh v. Chester Valley Railroad Co., 21 P. S. 33 Ibid. 175. Patten v. Northern Central Railway 100. Neal v. Pittsburgh and Connellsville Railroail Co., Ibid. 426. Bald Eagle Boom Co. v. Sanderson, Co., 2 Gr. 137. They must bring their case within the 32 Sı. 402. But they are liable for all injuries which act. Cleveland and Pittsburgh Railroad Co., 10 Pitts. are the direct and immediate consequence of the con

L. J. 74. struction of the canal, to the entire tract of land (8) The petition should set forth the names of the through which it may pass.

Watson v. Pittsburgh owners, the fact that they cannot agree, or that they and Connellsville Railroad Co., 37 P. S. 469. Union are absent or legally incapacitated to contract; and Canal Co. v. Stump, 32 Sm. 355. And although con- must be verified by affidavit. Reitenbaugh v. Chester tingent disadvantages arising from the inconvenience Valley Railroad Co., 21 P. S. 100. It is amendable. that may be sustained in future, in case of some possi- Pennsylvania and New York Canal and Railroad Co. ble use of the property, cannot be taken into consid- v. Bunnell, 81 Ibid. 414. eration as a substantive claim for damages, they may (t) The owners should have notice of the applicabe set off against the advantages to be derived from tion for the appointment of viewers. Reitenbaugh v. the construction of the canal. Searle v. Lackawanna Chester Valley Railroad Co., 21 P. S. 100. and Bloomsburg Railroad Co., 33 P. S. 57. The true (u) Notice must be given to each owner of the time measure of damages is, the difference between what and place of meeting on his premises; but they may the whole property would have been sold for unaf- adjourn from day to day. Proof of notice should be fected by the canal, and, what it would have sold for filed with the viewers, and returned with their reas affected by it. Watson v. Pittsburgh and Connells- port. Reitenbaugh v. Chester Valley Railroad Co., ville Railroad Co., 37 P. S. 469. East Pennsylvania 21 P. S. 100. Railroad Co. v. Hottenstine, 47 Ibid. 28. Harvey v.

P. L. 53.

entered on award

And execution to
Fees of viewers.

P. L. 395.


P. L. 363.

19 Feb. 1949 $ 11. inaking just allowances for the advantages which may have resulted, or which may

seem likely to result, to the owner or owners of said land or materials, in conse. quence of the making or opening of said railroad, and of the construction of works connected therewith; and after having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages(v) has been or may be sustained, and to whom payable, and make report thereof to the said court;(w) and if any damages be

awarded, and the report be confirmed by the said court, judgment shall be entered Judgment to be thereon :(,) and if the amounts thereof be not paid within thirty days after the of damages.

entry of such judgment, execution may then issue thereon as in other cases of debt, for the sum só awarded, and the costs and expenses incurred shall be defraved by the said railroad company; and each of the said viewers shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the perform

ance of the duties herein prescribed, to be paid by such railroad company. 16 July 1912 $ 3. 19. In all cases for the assessment of damages caused by the constructiou of

canals or railroads by incorporated companies in this commonwealth, if the viewers Judgments for or a jury shall find for the plaintiff any sum of damages, such award or verdict, on damages to carry

the rendition of judgment, shall carry costs, unless there may be some provision in

the act incorporating such company to the contrary. 6 May 194 $ 5. 20. In all cases where [by] acts creating railroad or canal companies, security to

the owners of lands through which any canals and railroads may pass, is required Security for dam

to be given, and approved by any of the courts in the counties where such lands ages to be approved by two lie, said security may be given and approved of by any two of the judges of said judges.

courts during vacation: Provided, That at least five days' notice shall first be given Notice of offering to the owners of such lands, or their known agent or attorney, of the time and place given.

of offering such security, and the names of the securities to be offered. 5 May 1841 $ 18. 21. All the provisions of the act of the 5th of May 1832, entitled

lating lateral railroads,” and the supplements thereto,(y) are hereby extended to the construction of canals, not exceeding in width the canals of this commonwealth: Provided, That no canal constructed under the authority of this act shall drain the water from any canal or pool with which the sanie may be connected; and all such canals shall be so constructed as not to permit the water conveyed into the same to

be lost or wasted by leakage or drainage. 12 April 1855 $ 1. 22. The provisions of the laws of this commonwealth relative to the erection

of bridges over rivers, creeks or rivulets, be and the same are hereby extended to Erection of bridges the erection of bridges over canals and railroads: Provided, That bridges erected

under the provisions of this act shall not obstruct any canal or railroad over which such bridge may be erected : And provided further, That nothing in this act shall release railroad or other companies, or the commonwealth, from the requirements of

existing laws. 26 March 1870 $ 1. 23. It shall be lawful for any canal company, now or hereafter incorporated by

or under the laws of this commonwealth, to construct and operate lateral railroads Canal companies and branches therefrom, not exceeding respectively ten miles in length, with the

necessary appurtenances, from suitable points on the line of their cavals to any mines, quarries or other desirable points, for the procurement of traffic for said canals; and shall have and enjoy, and be subject to all and singular the provisions and restrictions of an act of assembly regulating railroad companies, approved the 19th day of February 1819,(z) and the supplements thereto, necessary for the location, construction and operation of the said roads and branches.

the same to be

An act regu.

P. L. 247.

Lateral railroad acts extended to the construction of canals.

P. L. 220.

over canals.

P. L. 75,

may construct lateral railroads.

P. L, 145.

How process

III. Actions by and against canal companies. 21 March 1842 & 8. 24. When any action is commenced by any person or persons, or bodies corporate,

against an incorporated railroad or canal company, in any county in which the cor

porate property of such company is wholly or in part situated, it shall be lawful, if served where offi- the president, treasurer, secretary or chief clerk of such corporation does not reside

or cannot be found in such county, for the sheriff, or other officer to whom such process is directed, to serve the same on any manager or director of such company being in such county, and the service so made shall be deemed sufficient; and in case no director or manager can be found in the county, it shall be lawful for

cers not found within the county

(2) An assessment of a gross amount of damages, rect an error not apparent on the face of the report. on the petition of several joint owners, is regular. Reitenbaugh v. Chester Valley Railroad Co., 21 P. S. Pittsburgh and Steubenville Railroad Co. v. Hall, 25 100. And see Pennsylvania Railroad Co. v. Bruner, P. S. 366.

53 Ibid. 318. (20) It should appear on the face of the report, (w) When the damages have been assessed, and what is the quantity, quality or value of the lands or judgment entered on the report of the viewers, the materials to be taken. And that there has been a right of the land-owner to recover them is completely comparison of the advantages and disadvantages settled, and he is entitled to execution upon it, even likely to result, should be certitied, though it is un- though the company have not taken possession, and necessary to specify them in detail. The amount of may desire to change the route. Neal v. Pittsburgh damages, and to whom payable, should be distinctly and Connellsville Railroad Co., 31 P. S. 19; s. c. ? stated. And the report should exbibit the grounds of Gr. 137. the assessment, in order that the court may judge (!) See tit.“ Railroads, and see in fra 23. whether or not they have made an allowance for con- (2) See tit. “Railroads." sequential damages. The supreme court cannot cor

P. L. 115.

P. L. 395.

to remove.

P. L. 896.

such officer to go into an adjoining county to serve the process as hereinbefore 21 March 1542 8 8. stated.(a)

25. It shall and may be lawful for either party, in any suit or action(b) now 14 April 1534 § 1. pending or that may hereafter be brought in any of the courts of this commonwealth, by or against any canal or railroad company, to remove(c) the same into the court Suits by or against of any other adjacent county through which the canal or railroad of such company canal companies is not located, which suits, so removed, shall be proceeded in by the proper court, intò adjacent in like manner, and subject to like rules and proceedings as if it had remained in county the court in which it was originally commenced, and upon final judgment, testatum executions may issue as in other cases : Provided, That the party so removing shall Party removing to first take and subscribe an oath or affirmation, to be filed of record with the cause, make affidavit. that such removal is not made for the purpose of delay, but because he firmly believes a fair and impartial trial cannot be had in the county through which such canal or railroad may pass : And provided further, That the provisions of this act Litigation of right shall not be so construed as to interfere with the existing laws, relative to the assessment of damages to property, occasioned by the construction of such canals or railroads, nor with the right and privilege heretofore granted to any canal or railroad company, to have suits against them tried in any particular county or counties.

26. All and every suit or action now pending, or that may hereafter be brought, 14 April 1835 $ 8. by or against any canal or railroad company, in any of the courts of this commonwealth, and which now are or hereafter shall be removed into a court of any other low costs and exadjacent county, by virtue of the act of the 14th April 1834, relative to suits brought ponses of actions by and against canal and railroad companies, the costs and expenses thereof shall removed to be be borne and paid by the county in which suit or action was brought; and in all cases where the venue of any suit now depending has been or may be changed, and where the venue of any suit hereafter to be instituted may be changed, and where suits are directed to be brought in any particular county, the costs of summoning the jury and the pay of the jurors shall be borne by the county in which the cause of action originated. 27. It shall and may be lawful for the county commissioners of the county into

Ibid. $ 6. which any suit or action now is or hereafter may be removed, by virtue of the above-recited act, to ask, demand, sue for, recover and receive of the commission- from the county ers of the county froin which the same may or shall be removed, all the costs and from which the expenses incurred by the county to which the same may have been removed as aforesaid.

28. Arbitrators shall have power in any action depending before them, between 24 Feb. 1847 $ 1. any contractors, laborers or workmen, and any company incorporated by the laws of this commonwealth, and empowered to construct, make and manage any rail- Arbitrators may road, canal or other public internal improvement, to require either party to produce compel production any books or writings, in their possession or power, which contain evidence pertinent to the issue; and if such party shall fail to produce such books or writings, or to satisfy said arbitrators why the same is not in their power so to do, it shall be lawful for the said arbitrators to find an award against such party, if plaintiff, of no canse of action; if defendant, for such sum as the plaintiff, his agent or attorney, shall make oath or affirmance, is justly due, according to the best of his knowledge and belief: Provider, That before such requirement shall be made by such arbitrators, it shall be proved to their satisfaction, on oath or affirmation, that clear and distinct notice in writing shall have been given to produce such books or writings, at least ten days previous thereto.

29. When any trespass or malicious mischief shall be committed by any per- 23 March 1829 $ 1. son or persons, boating or travelling on the Schuylkill canal or tow-path, it shall and may be lawful for any justice of the peace of either of the said counties, when Justices may deapplied to for that purpose, to issue process as in other cases; and when the pute persons to proper officer cannot conveniently be procured to serve such process, to depute a injuries to Schuylproper person or persons for that purpose, and such person or persons so deputed kill canal, &c. shall have all the power and anthority of the proper officers to serve such process : Proridell

, That before any such deputation be made by such justice, the person or persons so applying shali first make oath or affirmation, that he or they verily believe that before the proper officer could be procured to serve such process, the persons so offending would escape beyond the jurisdiction of the said justice of the peace.

To be recovered

suit was removed.

P. L. 153.


10 Sm. 305.

IV. Regulations for the use and preservation of the canals. 30. Every person who shall wilfully lead or drive any horse, ox, ass, mule; 10 April 1926 $ 1. sheep, swine or other cattle, upon the towing-path or berm-bank of any canal or

9 Sm. 198.

(a) Extended to service of process on the Arbor canal and railroad companies, whether for the assessCoal Company, in the county of Tioga, by act 24 Jan- ment of damages or any other cause. uary 1872, § 3. P. L. 12.

(c) This may be done at any time before the jury ) This provision was repealed, so far as applicable is sworn; and if the attidavit be made before sucň to actions on contracts, by act 11 February 1841, § 3, time, it is error in the court to proceed further. RailP. L. 24; but re-enacted by act 17 April 1861, P. L. road Co. v. Cummins, 8 W. 450. The filing of the 385, as to all suits, actions and proceedings against aftidavit operates as a supersedeas. Hughes v. Mine

Hill and Schuylkill llaren Railroad Co., 30 P. S. 517.

9 Su. 198.

berm-banks, ex


How boats meet

10 April 1826 $ 1. pool, forming part of an artificial navigation, constructed under the laws of the

commonwealth of Pennsylvania, except for the purpose of towing boats, craft or Penalty for using other floating things, upon the waters of such artificial navigation, or for the purtowing-paths, or pose of conveying articles to and from the margins of such canals or pools, to be

transported thereon or delivered at their place of destination, shall forfeit and pay cept for towing:

for each offence, any fine not exceeding the sum of ten dollars, and pay all damages consequent upon such offence, over and above the said forfeiture, and in case of default in the immediate payment of such forfeiture, after conviction, such persons shall be sentenced to imprisonment in the jail of the county where such offence may be committed, for a term not exceeding thirty days, at the discretion and upon

the warrant of the court before whom such conviction shall be had: Provided, That this section shall have no effect, unless the company prosecuting shall have complied with the provisions of its charter, in constructing passable

bridges or fordings for the accommodation of the public and those concerned. Ibid. $ 3. 31. If any boat, craft or floating thing shall be so moored or placed in any Penalty for' ob

canal or pool forming part of an artificial navigation as aforesaid, as to obstruct structing the navi- the free use of such canal or pool, or if any person or persons shall obstruct or gation by boats,

prevent the use thereof, by means of the loading, unloading, misplacing or otherwise misconducting any such boat, craft or other floating thing, and shall not forthwith, upon being requested thereto by any engineer, superintendent, gatekeeper or other agent employed upon the said canals and navigation, or by any persons incommoded by such obstruction, remove the same, the persou who may cause such obstruction, shall forfeit for every such offence any sum not exceeding

twenty dollars, over and above the expense of removing such obstructions. Ibid. $ 4. 32. If any person shall wilfully obstruct the navigation of any of the said Or by sinking any.

canals or pools, by throwing into the same or sinking to the bottom thereof, any thing therein, or vessel, timber, stone, earth or other thing, or by placing anything whatever upon placing anything

any of the towing-paths or berm-banks, such person shall forfeit, for every such on the towing paths.

offence, any sum not exceeding fifty dollars, and in case such forfeiture shall not be paid forth with, shall be imprisoned as is directed in the first sectiou of this

act.(d) Ibid. $ 7.

33. In all cases when any boat, craft or other floating thing, in passing upon any

artificial navigation constructed as aforesaid, shall meet with any other boat, craft ing each other to or floating thing, it shall be the duty of the boatmen, or other persons having

charge of each of the said boats, craft or floating thing, to turn out to the right hand so far as to give to each other a free passage; and in all cases when any boat, craft or floating thing shall approach any place upon any such artificial navigation as before mentioned, which shall be less than thirty feet wide at the top water line, or which shall not permit their passing, it shall be the duty of the boatman, or other person having charge of the ascending boat,(e) craft or other floating thing, to wait at such distance from such narrow place as may be most convenient to permit the descending boat, craft or other floating thing to pass through such narrow place, until such passage is effected; and every person violating any of the provisions of this section, shall forfeit for each offence any sum not exceeding twenty dol

lars. 15 March 1859 $ 1. 34. When any boat, craft or floating thing, in passing upon the Schuylkill naviga

tion, shall meet with any other boat, craft or floating thing, it shall be the duty of Passing of boats on the boatmen or other persons having charge of the said boats, crafts or floating the Schulkillnay- things, to turn out so far as to give each other a free passage in the manner follow

ing, to wit: ascending boats shall keep on the tow-path side, and descending boats on the berm side: Provided, That boats propelled by steam shall keep the berm side in all cases, except when meeting a boat propelled by steam coming in the opposite direction, in which case the ascending steamship shall keep to tow-path side; and every person violating any of the provisions of this section, shall forfeit for each offence any sum not exceeding twenty dollars, to be recovered as provided

by the 15th section of the act to which this is a supplement.(9) 10 April 1826 8 8. 35. No boat, craft or other floating thing shall move upon any canal forming

part of an official navigation constructed as aforesaid, faster than at the rate of four Not to move faster miles per hour, unless by express permission of the directors, managers or commisthun four miles an sioners of such navigation, to be contained either in a written license, or in a gen

eral printed regulation, duly made and published by such directors, managers or commissioners; and in all cases when one boat or other floating thing, moving

upon any artificial navigation constructed as aforesaid, shall overtake any other taking each other boat or floating thing, moving at a rate of speed slower than that of the boat or

floating thing so overtaken, it shall be the duty of the boatman or person having charge of the slower boat or thing to give every practicable facility to enable the overtaking boat or other thing to pass, and for that purpose to make room for the


P. L. 140.

9 Sm. 201.

hour without permission.

How boats over

to pass.

(d) See infra 58.

ascending boat will not wait, the descending boat is (e) Where an ascending and descending boat have not thereby excused from the effects of culpable neglito pass each other at or near a narrow place in the gence, whereby the boat of a third party, properly canal, it is the duty, as between themselves, of the moored to the bank of the canal, was injured. *Sheerer ascending boat to wait at such distance as to permit v. Kissinger, 1 P. S. 14. the descending boat to pass with safety; but if the (9) See infra 42.

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