The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-07-18
RaiDs of Rto0e=fslan0.
STATE OF RHODE-IsIAND & Prov
IDENCE PLANTATIONS.
In General Assembly, June Session, a. d. 1893.

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An Act in ame endnent of an Act regulating Water
Mills.
BE IL enacted by the General assembly as Jollo,os
Section /. Any party aggrieved by the overflow
ing OF his her or their land by means of any mill
dam already erected and by reason Of the stopping
or raising the water above below the dam. may
make application for relief to the Court Of Common
Pleas IN the county where his land lies; which
court is hereby empowered 10 direct the return Of
Jury Of twelve, or MORE good and lawful men IN the
same manner as Jurors are now returned by law, at
the cost Of the owner Of said dam, to meet al day
and hour TO be designated by the chief presiding
justice of said court, who shall himself be present
and direct the course Of proceedings before said
Ilury.-And the said Jury shall be by said JUS
tice, to faithful and impartial appraisal Of oil the
yearly damage done to the lands Of the person or
persons complaining as aforesaid and the verdict
Of said jury being returned by the hands Of said JUS
tice to the next court OF common pleas pr said coun
\ ty, and being allowed and recorded, shall be suf.
hcent bar against any action TO be brought for any
damages occssioned by the flowing said land as
aforesaid; only action Of debt which the
complainant may bring for the recovery Of such
yearly sum or Sums Of money from the owner or
occupants of such DAM the mills erected hereup-
on, assessed as aforesaid, during the time Of such
flowing: But if the jury find no damages for the
complainant then he they shall be at the cost OF
the jury, to be allowed by the justices Of said court
Sec. 2. Amy party sggrieved by the future cree
ton or raising OF any mill dam, may make complaint
TO the court ofcommon pleas in the manner provd
ed IN the pr eceding section; and the jury shall APP
praise not only the actual damage to the land over
lowed by the reason Of the erection or raising said
dam, but also all the incidental irjury to the rights
and privileges ofthe party complaining, shall be full
| " estimsted; and also all the loss Of any fall or
descent Of water which might exist upon the lands OF
the complainant; and whatever damage may be
caused TO lands overlowed by reason OF the wa.
ter backed under said land by tho said dam.
Sec. g. The person who shall be entitled 10 receive
the said yearly damage shall havo lien therefor,
from the time Of the institution OF the original COM
plant, on the mill and mill dam which, caused said
damage, and the land under and adjoining the same
and used herewith, together with the appurienances
belonging thereto.
Sec. 4. The execution issued on such Judgment
Il not otherwise satisfied may at any time before the
the day OF the return thereof, be levied upon the
premises so subject TO the en-and tho officer may
therefore proceed TO sell the same or so much
thereof as shall be necessary 10 satisfy the execution
and all charges Of levying IT. and he shall proceed in
making such sale in the manner in all respects,
as provided by law for the sale Of real estate upon
execution.
/ Sec. 5. Such sale shall be valid aud efTectual a.
gaDst all persons claiming the premises by any title
that shall have accrued within the time covered by
the lien; Provided that any person entitled TO the
premises sold as aforesaid, may redeem the same
any u~e "hih one year alter the sale, upon pay ing
70 ihe purchaser or the person holding under him,
ihe SUM paid therefor, with interest thereon at tho
rate OF twelve per cent per annurn.
sec. D. No action shall be sustained NJ law for the
recovery Of damages for the erecting. maintaining
or raising, any null or mill dam, ercep, as !. PROV,
ded in this act
Sec. a. When either party shall be dissatisfied
with tho annual compensation established by jur,
under The provisions OF this act an appeal may be
taken to the ncx, term Of the Supreme Judicial Court
for the county wherein the complaint originated in
the same manner as Is now provided by law for ap-
peals from the judgement OF the Court OF Common
Pleas TO said Supreme Judicial Court; and said su-
preme Judicial Court shall proceed in the same
manner is herein provided, TO cupapuel Jury
and direct the ria upon the complaint; and il shall
be the duty or the Chief presiding Justice Of SAID
Court 10 attend and preside at the tris and in al
eases il is hereby made the duty of the Chief or
presiding Justice OF either Court presiding, 10 de-
eide all questions Of law and evidence, in the same
manner and BY the same rules are established by
the practice IN tie several Courts in this State.
See. G. For all lands hereafter sowsd by virtue Of
this act tic owner Of the land flowed IN addition
10 the yearly damages awarded TO him during the
iims the mil owner ssli Sow The said land, shall be