Pennsylvania Act 1725-288 (session 1) — BRIDGES, ETC. OBSTRUCTING NAVIGATION PROHIBITED

Act text

BRIDGES, ETC. OBSTRUCTING NAVIGATION PROHIBITED
                  Act of Aug. 14, 1725, 1 Sm.L. No. 288               Cl. 36
                                  AN ACT

     For the better preventing obstructions to the navigation of
        Chester creek, and other navigable creeks and rivers in this
        province.
        Section 2.  And whereas the erecting of bridges over creeks
     or rivers of water, to the obstruction of their navigation,
     where navigable, doth not only affect the interest of the owners
     of lands upon and near navigable waters above those bridges, but
     also the trade of this province in general: And the better to
     preserve the navigation of those rivers and creeks, divers laws
     of this province have from time to time been enacted, but the
     same, upon experience, have been found not fully to answer the
     ends thereby intended: Be it therefore further enacted, That no
     bridge, frame or device whatsoever, shall, at any time to come,
     be made, erected, upheld, sustained or repaired, over any creek
     or river within this province, navigable for any sloop, shallop,
     flat, or other craft, that shall or may in any wise stop or
     hinder the navigation of any such sloop, shallop, flat or other
     craft, or floats of logs; any law, custom or usage, to the
     contrary thereof in any wise notwithstanding.
        Section 3.  Provided always, That nothing herein contained
     shall be construed to forbid or hinder the maintaining and
     repairing the drawbridge hereinbefore particularly mentioned, or
     any other bridge erected by public authority, or the making of
     dams, mounds or tide banks, for the draining of low grounds, and
     improving of meadows, by the owner or owners of the greater part
     of the lands, low grounds, or meadows, included within the same
     dams, mounds or tide banks, anything herein contained to the
     contrary in any wise notwithstanding.