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Canal

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Applied to an artificial passage for water, includes the banks, and refers to the excavation or channel as a receptacle for the water.'' As used in an Internal Improvement Act, a navigable public highway, for the transportation of persons and property... There must be a canal fitted in all respects for navigation and open to public use before benefits can accrue to the owner to overcome his claim for damages.' The title of owners of land abutting on a canal extends to the line of the canal, subject to the use of the bank by the owners of the canal for purposes of commerce.* 1 Commonwealth v. Bearse, 132 Mass. 548, 551 ( » P. L. 63. s P. L. 9. ' Bishop V. Seeley, 18 Conn. *394 (1847). s Kennedy v. City of Indianapolis, 103 U. S. 604 (1880), Waite, C. J. A general grant of premises upon the bank of a liver, in -whicli is constructed a canal, conveys the grantor's right to the river's center. Where the canal company, as such, has the right only to use the bed and water, at dissolution such right reverts to the proper owners.^ Navigable water situated as is the Illinois and Lake Michigan canal, — a highway for commerce between ports and places in different States,— is public water of the United States, within admiralty jurisdiction, although the canal is wholly within the body of the State of Illinois." See Commerce; Toll, 2,