Litchfield enquirer., 1854-09-21
Proposed Law.


 continued to the next session of the General Assembly, and ordered 10 be pubsied with the laws cf the present session.
 O. Fl. PERRY Secretary of State. An Act to encourage the Erection and Sup. port of Water Pow CT Manufactories.
 Be tt enacted by the Senate and House of Rep resentattres, in General Assembly concerned |:
 SEC. 1. Where any person has sci up, or shall set up any water mill upon his land, or upon land oi another person, with his consent, the owner of such mill may continue and inn lprove the pond and keep up the dam thereof, on his land, vpon the terms and conditions, and subject to the regulations hereinafter ex pressed.
 | SEC. 9. No such dam shall be erected to the injury of any mill lawfully existing, either above or below it, on the same stream, or to l the injury of any mill site on which mil shall have been lawfully erected and used, unless the right 10 maintain mill on such last mentioned site shall have been lost or defeated by abandonment by fifteen years previous nonuser or otherwise nor shaii any mill or dam be placed on the lands of any per- son without g:ant, conveyance or authority from the owner.
 SEC. 3. The night to which the water may be raised, and the length of time or period for which it may be kept up in each year, shaI be liable 10 be regulated and restrained as IS hereinafter provided, and the County Court of the County in which any lands may be flowed by the erection of any dam hereafter, if they shall deem such dam public nuisance may, at any time before the appointment of commissioners to assess damages, as herein provided, ahate the same in manner and form me ha oho hxy visfI Ia tvS
 SEC. 4. Any person whose land is over flowed or otherwise injured by such dam may obtain compensation therefor, on bis petition 10 the County Court of !he County where the land, or any part of it lies, provided that no compensation shall be awarded for any dam ages sustained mere than three years before bringing the petition.
 SEC. 5. The petition shall contain such a description of the land alleged to be flowed CT injured, and such statement of the damage that the record of the case shall show with sufficient certainty the matte. that shall have been heard and determined thereln, and shall be served by any officer who may serve any other civil process between the parties, by leaving true and attested copy of such peii ton, al least twelve days before the session of the Court 10 winch the same is returnablc, with the o" ncr or owners of the dam or waior power, by the erection and maintenance of which the petitioner claims injury, or at the usual place of abode of such owner or own CTS, if resident in this State, or with the per. son in charge of such dam or water power, if the owner live out oflhe State and the Court before whom the petition shall be pending, may make such further order of notice of the pendency of such petition 10 be given the res- pondents th ercto, either in term, time or va cation, as such Court shall deem just and proper
 SEC. 6. The respondent may plead in bar of such petition, that the petitioner has no estate or interest in the laad alleged 10 be fl wed or inJmed, or ina: he respondent has right to maintain his dam for an agreed price, or with out any compensation, or any other matter which will show the petitioner cannot main tain the suit hut he shall not plead in bar of the petition, that the land cescribed therein IS not injured by such dam {; and if any plea is filed by the respondent, the replicatlons and other pleadings, and the trial of the issue, whether of law or fact, -hall be conducted in like manner as in sctions at common law.
 SEc.7. Either party may appeal 10 the Su- perior Court from the judgment of the Couniy Count, on any such plea in bar, and such ap- peal shall be proceeded with in all respects as in other civil actions. If such petition be fl naliy decided in favor of the respondent, on ! such plea in bar, the Court in which final | judgment shall be rendered, shall tax in favor oi the respondent, his costs but if judgment be rendered in favor of the petitioner, the 1 cause shall be remanded to the County Court 1 winch Court shall proceed thereon as if final 1 judgment had been rendered in said County Court, and shall also, when the cause shall he entered on the docket for further proceedings, tax the costs which shall have accrued by rea- son of the appeal, ih favor of the petitioner.
 SEC. 8. When the issue on Inc pea in bar is decided finally m favcr of the petitioner, or if ihe respondent shall, after due notice, neg leci to appear, or shall be defaulted, or if1here be no plea :n bar, and no other legal objection 10 the proceedings, the Court shall order that the matter of sad petition be heard by ttic County Commissioners at such time and place and with such notice 10 those interested ther- iu, as said County Court shall direct and said commissioners shall make Ihelr rer ort in writing, Of their doings to saiG Court as here. inafter provided.
 SEC. 9. The commis sioEers, in estima ing the damage done 10 land of the petitioner, shall take into consideration any damage Oc- casioned 10 other lands of the petitioner, by such dam, as well as the damages occasioL ed 10 the land ovcihD&ed, and shall assess Ihe amount of such dana ge sus;aned within three years next proceeding the service of the petl- iion Cor from such time within said three years as the same shall not have been assessed hy proceedings under suit at lhw,) and also, what sum would be just and reasonable compensation for all the damage 10 be occa- stoned by such use of the dam, and for the right of maintaining and using the same for ever, after such service of such petition, in manner aforesaid. And if il shall he alleged l in the 2etiilon that ihe daw is raised to an un reasonable height, or that 1t ought not 10 be kept closed duling the whole year, the com mssioners shall find ana report how much, if any, the dam shall be lowered and also "he:h- CT il shall be Jeff open any part of the year, and if any, what part, and how much open. SEc. 10. Upon ihe return of the report oi the commissioners of their dOings, either party may ohiee, 10 the acceptance Of the same, and on hearing of oblcchons iO such report, the Court may, Tor proper cause, set ii aside and