Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1869-12-28
Approved Nov. 10, 1869.
An act regulating mill and other

An act regulating mill and other dams.
Il Is hereby enacted, DC.
SEC. l. The county court at any stated
term thereof, or the assistant Judges of the
same at any time between the stated terms
thereof, on application made to them in
writing by any person or persons owning
mill or other property liable to destruction
or damage by the breaking of a mill or res
ervoir dam or on application of the mayor
and aldermen of any city or the select
men of any town in this state, shall, six
days notice to the opposite party having
been given, and the applicant having given
to the opposite party satisfactory security
for the costs resulting from the application.
appoint a committee of three disinterested.
discreet men, who, after notice to the par
ties, shall view and thoroughly examine
such dam.
SEC. ,. Ifin the Judgment of the COM
mittee so appointed, such dam is INSULT
cient and unsafe, they shall determine and
direct what alterations, repairs or additions
are required to make it sufficient and safe
and shall give a written direction to the
owner thereofto make such alterations or
repairs within such reasonable time as said
committee shall name in said writing: and
they shall make a record of their dOings.
together with such direction as they shall
give in the town clerks office in the town
where such dam is located which record
shall be admissible, though not conclusive
evidence, in the trial of any issue involv-
| ing his liability on account of such dam
SEC. 3, If the owner of dam thus ex-
| amined and adjudged to be unsafe, refuses
or neglects to make such alterations, addi-
! tons or repairs as said committee shall Or
der, said committee may cause such dam.
or such parts thereof as they may deem
necessary for the safety of property, roads
or bridges on the stream below, to be re-
moved at the expense of the owner and
after such removal no subsequent dam shall
be erected at said point except in compli-
ance with the directions of said committee
SEC, 4. Ifwhen a dam is adjudged to
be unsafe under the provisions of this act.
the pond caused by such dam, is so filled
with water that the same cannot be remov-
ed without damages to property on the
stream below, and upon notice, the owner
neglects to alter and make it safe, the COM
mittee so appointed shall forthwith alter
and make the same safe at the expense of
the owner; and in their discretion they
may do this instead of removing the same
as provided in section three.
SEC. 5. If the committee adiudge such
dam safe and sufficient, and order no alter
alton of or addition to the same, then the
costs of the examination shall be paid bv
the party making the application other
wise the cost shall be paid by the owner.
! SEC. 6. Costs under the preceding sec
tons shall be limited to five dollars per
| Il tn ho Of cAt-
make the appointment out of term time
and five dallars per day to be paid each OF
said committee for the time actually spent
under their appointment-which cost, to-
gether with the expense of any removal OF
alteration which such committee may make
may be recovered in an action on the case
in the name of the party applying for such
alteration, or in the name of the owner il
no alteration is ordered
SEC. z. The court of chancery shall
have jurisdiction in equity, and NAV com.
pei the owner of any dam to make all al
terations, additions and repairs which sucf
committee may order under this act anG
may make all necessary orders and DEGREES
to carry the directions of such committe,
into effect but all proceedings under thi
act, whether at law or in equity, shall b,
had in the county where such dam is locat
! ed
SEC. s.. This act shall take effect from
its passage.
Approved Nov. Is, 1862
An act to amend chapter ninety four of tn
General Statutes, entitled, "Of the traffi
in intoxicating drinks. :"
II is hereby enacted, de.
Sec. 1. Section nine, ten, eleven
twelve, forty-two, forty-three, forty-foul
forty-five of chapter ninety-four of tn
e General Statute. shall each be so amends
/ that one-fourth of the fines contemplate
/ in these several sections shall go to tn
f complainant, when complaint made, 9th
e erwise to the prosecuting officer.
SEC. 2. This act shall take effect fror
t its passage.
J, Approved Nov. Is, 1869.
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