The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-07-03
Laws OF MAINE.


III.
SECT b as. na lslaa . . Sis-
any person h- se-oy sree.e1 o. SHAH erect any
Mili land OF any other b,
ais eonset Egay obtained, and king of SUI
nan Il shall ound necessary 20 head OF
water and doing nds slali be flowed. nct be-
longing u The ~nSr u SUN mill.
owner or oecEpant OF sucH mali contnue he same head
oil wafer 10 has best advant IN The the
tgr1s hereinafter toned.
Seat. 2 B. IL further enacted, Thar if any person shall sus-
tam damages ~ ms lanes ~ tnsr being flowed
ne may eomPsu 10 tue CIRCUIT Court Common OF
The County wherein the lands flowed sn4l be situated
aud the SAID Court shall order the complainant Ihe
owner OF the Mill COMPLAINED of, by sewing
him with tested copy OF such Complaint, togelh, nm
such order thereon, tourt Gays then
next OF Court, that then appear anu she "
Cause 1T sny he have why shou issue IL the
manner and ior the purposes prayer Tor such complaint
such complainant iou days before the
sitting OF the Court which nc prefer
plant, the occupant Vt ml to De serv
ed with aested copy OF such conpLul and such
wee or notheson eerhed by the proper officer, snail tie
dee cd sufficient evidence VI proper Ioice.
Sect ;. BE II further sHLcfea That IL any
cnp~nt q any n shall pead 10 such eompainr and IN his
pisa shall dcny the comp rite the las
be damaged By flowing, shall Claim ia FLOW such
lands without YIN vi damages tor agreed
position the Court shat order uIai Of the issue which
may be joined the parties bs Jury bar OF said
Court: OF II the issue be Jaw shah determine
the themselves iesevi TO each the Ibtt OF
appealing Supr Judicial Copr, Other cases.
Sect. 81 1t further enacted, Ihst tn owner
pant mill 40, .iiet a. aforesaid snail not appear or
appearing shall not shew ufteisns caSs, the Court
which said complaint may be pending aforesaid may
sue var rnt 10 the Sh rh OF e County, e,rher
ct his DParies, directing hlm enp.n Jl OF twelve
good @o iawfui nen anu The officer whom the
r sL- ns drtset shall IN vi ming require OF the sci
men OF the three towns that which the sd
injured ssituaed, many there Be within the
county TO return number Of Jurors no less than two.
more than SIX from Iow the pannc!
WI On Jurors shall be drawn jury noted ard
resuInsa as IN other esses, excepting that the need
NOT DC SSsemoed ana that Eoc TO the drawn
Gay previous 10 the time appointed their attendance
shall be Sufficient; and any person reformed shall
necesssi ty fa 70 attend, ne shall forfeit and
nor exec ding uos the discretion Of the
whom me verdict shall be divided mons he
do nd ~ rAxllr
there shall not be tn ]ury the Officer shall return
suitable person or persons supply rhr deficiency which
nent o. the ysry damages lone the comp@inaIb S
howl.g his lands and how tar the may
beng returned by the officer the ssne Court
allowed aud recorded shall be sufficient any action
ind and so return IN their verdict damage
70 the complainant by flowing his and esaid the
shslso inquire of the said ~ they shall
quire and make Return. in their oct, hsr portion
81 me wear the SAM lands ought be flow ed oriG
such prtios OF the year sud Jury snail certify il
their verdict, that the pubic aud the
verdict being accepted by Court this ACT shan
manner aahrlse the said occupant such mill
70 now me sand ands ct oiners And il shall be in the
power OF said Court the officer
services, as they may judge Reasonable.
Sect s. he further enacted hat the parties 10 saia
10 be appointed by the in h.h comp sint
be pending which committee, after giving ssasonabe
ee 70 me parties, OF the time and psoe OF eeing shai
hsvs the same po~ers. and ID the mLner !.
jurors aofSSad. AIG Shall
report ~ the same manner as the sad Jury required
make theii verdict the report beng erLIned
the same Court and there allowed ,eh shall hav
the same elect as the yeIc ct aforesaid.
Sci q Be 81 further enacted. hat such verdict
port aud judgment The eo, ecord shall I've So
OF iht ysaiy damages uut'th cWnsi " occupant OF suet
m or the owner occupant lad 50 n wed shsl
on new complaint TO the said the County, aid
by tie form OF bttore
Or decrease Ut The Said u-masss ana tbs party tnsI c.
70 aAy such yearly damages, b. % tie party rs
ord, ms netrs, executors,
have an action OF dsb groanoed such record t.
the SAINT And che party prevailing in any complaint OF
the damages SO sbt recovered shall NOT amount
10 the sum or doiIars.
Sect BfJarfser enacted That if any person whose
lands sh be Moved aforesaid, sha GA las hiing his
complaint tor sscertanIng liner, s damages
bringing his action OF debt as ot, sail, move the said
CouIr 10 direct abe occupant Suvh mill give
security Tor tie payment OF saiu damages finn time
time, they sha become due md Ia n~t case the said
occupant Ut such shall sgiect refuse
give such reasonable security the said Court sh order
he shall have no bsneht OF TINS bur shall be liable 10 be
sutdtor so flowing lands OF The Psint
IN the sans though ths ct hal not BEEN
seetS Be 70 further enacted, hal 1t the complainant Shat
s 10 prosecute has complaint Ia any stage OF the proeevc
inss the issue joined shah be against hin
the respondent s II recover his eos IA ether
SECT. g. Bs Jarier aaefsG hat The owner q oeen-
pant q sny Mil Dam mas gnue 20 the owner or
OF such lands may be flowed by the erection OF such mil
DAM any sum OF money instead OF the yearly damages be
such midam, by virtue OF rhs act, within month an
The past years. damages sd II have become us Ano il
owner o. occupant OF such lands shall nor pt the saine
but shsi Pc comp amt obtain
said damages. he shall b. sntisrd TO costs tHsrton
Sect Be 1t farther r,iatrS nat the
PANT Of lands flowed oFsr the entr OF O
P~rt OF such mii-am, receive Of him sn FoItion 81
rhc sum ESTABLISHED mis- yearly p, iean ~ the
ssId flowing within one mvn,h aieI hr rAst ss"is DANA
gs shall have become Que. Aud rh- owner or occupant
OF such mildsn shall agree 10 the ssrle bit snail pre-
sent acompsnt obtain irtreae Of Sud d.msge be
shall tnied GaIsss h. shall oIs-n
VII CT rhe owner Seesranr oisscA n frtd 70 recsss
Of hin