Indiana State sentinel., 1848-03-30
LAW OF INDIANA.
AN ACT amendatory to the law. in regard to vi


AN ACT amendaOry regard Of quad
damnum-
SECTION ]. Be IL enacted by the General Assbly Of the
Stots Iaddnd, That being the
by legal equitable any any
water course, who desires 10 aud employ The Of
such water course fom such dam in propeng grist saw
cardng fuing mill, other machinery whatever
the lands and premises Of such person persons
dam, such person persons may make race excavation or
embankmen through the intermediate lands any other per-
or persons for the purpose aforesaid such per-
desiring said race, excavations or embapkmept,
having first fully paid the respective Of such inter-
mediate lands the full equitable value Of the land which may
be set apart and appropriated TO such race and
embsnkmen and fully compensate for all damages which
such excavation embankmen may occasion 20 the
snds and premises OF such intermediate Owneut
il, however, there be grst, cardng fung MILL or
any other machinery propelled by the Of The water
coue which such dam may have been erected below
said dam, but above the place where the of
may desire 10 pFopel bis mills machinery, belonging 10
other person. that the proposed would conduct the
water around such intermediate mills machinery and
low the same, leave shall be given make race
excavation or embankment
SEC Such person persons before making such race
excavation embankment shall apply 10 the circuit
oil the county where such dam and land situate, for
writ Of I'D quod dGmnu in which application shall be des-
eribed the location Of the DAM the lands which the pp
cant desires have his mills other machinery propelled
Oy he wafer IRON such dan the intermediate lands through
which the proposed race, excavations embankmenis
be made, and the respective thereof which writ
shall be issued executed and returned and the proceedings
in other respects be governed by the laws in force
relation to wrts of dd quod dnmnU far applicable,
and not Inconsistent with this act.
SEC. g. Ii shall be the duty Of the Jury one Of whom
shall be practical engineer after being duly for
purpose to view the dsms the lands and premises where
owner desire TO prope the mills machinery
Aforesaid the lands through which the proposed
vatiOns embankments to be made,
marx BY mees and bound, the place where such race
vations shall be made having
the interests Of both pares they shall also the fair
and equitable value Of the land set and appropriated
10 embankmens and eouita-
bic amount for The damages which the parties affected by
such excavations embankments have
by the making aud continuing of such race
whether the mansion house OF any such of ineIme
date lands through which the proposed race
embankmenu shall be made, the Offices cuIages gar
dens heeun,o Immediately belonging, will be oveThowed
injured, and whether in their opinion, the health OF the
neghborhood will be annoyed by the stagnaon of
casloned thereby and by what such
injury be prevented and whether their opui0n the
making and continuance of such race,
bankmens for the purpose aforesaid will conduce 10 public
utility.
SEC. Upon made Of the inquest Of the jury any
persons interested affected by the same may appear
circuit court to which it is returnable. and plead any valid
matter in lieu of the right Of the applicant 10 have the benefit
of such writ and issues Of law and of fact
and tried and the court may adudge costs therein
actions at law, and the permit amend
meDs Of the proceedings and may set ssde for sufficient
such inquest and award another writ upon the
payment of all by the applicant, may dismiss the
proc edings court NAV ratfy and confirm such in
quest and shall in all respects be governed herein pre-
crbed by law now in force in relation TO w Of Gd quOd
damnum, so far as applicable.
SEC 5. II the party applying shall obtain leave make
such excavations embankmsn through the nteIme
upon 10
the several persons entitled the assessed value aforesaid
Of the lands and appropriated by the jury such
excavations embankments and the damages which
the Jurors may the inquest aforesaid become seized
in fee simple Of the land apart and appropriated for
such excavations embankments by said jurors but
if he shall not within year after the decision Of the
court begin to make such race excavations embankmen
and finish the Within three years, and Afterwards
continue in good repair for the purposes aforesaid
the dam buildings and machinery either Of them be
destroyed if he shall not begin to rebuild The within
after such destruction and finish the erection there
of within three years thereafter the lands set apart and
appropriated for such race, excavations embankmen
shall TO the former proprietor and his heirs unless
the time of such destruction the OF such dam, build
ng and machinery be feme covert infant, imprisoned,
Of unsound mind in which the length Of time above
specified shall be allowed after such disability shall be
moved
SEC g. Any assessment OF the value of lands apart
and appropriated aforesaid and the damages Pusu-
hereof when the shall be fully paid and satisfied
after confirmation Of such inquest aforesaid by the court
shall recovery for any damages injury sustained sub
equent such inquest any and every action al law
SEC. This to be in force from and after It's publics
ton in the Indiana Journal and State Sentinel
WILLIAM A. PORTER,
i Speaker Of the House Of Representatives..
/ PARIS c. DUNNING,
/ President Of the Senate.
i Approved February l6, lS4S.