St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1894-01-11
Perpetuation of Testimony.
Mill Dam at 80. j ohm bury, W.

I, Charles D Jones of st. job nstury. in the
county of Caledt mia, being duly ON. de-
legal title to the erist mill at st. Johnsbury
Center in said St. JohnsbuIy, aud the lot of
am the owner of n interest in the dam and
water privilege on the Passumpsic river In
be the owner of the first right OF water from
said d am, and am the owner of the right to
build and maintain said dam to level two
inches above the OPP of a certain ledge in said
river a few feet above said dam, and 1 ex-
said dam up to said height will be the sub
ject OF legal controversy by the riparian
up the river from said dam. and 1 expect
legal controversy with James Thompson.
son. Am os SanborD, Ed. Flint, Alonzo Brown.
Benz min F. GaenOn, Delos NJ. Bacon, Van
Ruren B. Hin, Je1 cme c Bacon. J Josiah Pierce.
Abel A Pierce, Lois Ar Green and II GRACE
Green, her husband, Calvin Bowker, L. D.
Stiles, Alvin Simpson, Harry Brook, Tracey
Wiley. Isaac Robinson and Freeman Pierce.
George Hallett, Mrs. Sarah Sargent, town of
St. Johnsbury. all OF st. Johnsbury in the
county of Caledonia. and the Boston and
Nj aine Railroad Company andsthe Connect
cut and PaSsump>ic Rivers Railroad Compa-
ny, and other riparian owners said Pas
sum psic river above said dam whom 1 am
una BILE to name, and all of said parties bove
named known and unknown are likely to be-
come parties to said legal controv ersy against
said right to maintain said dam as above
stated.
1 further say that the testimony of Hollis
S. Pierce, Hiram d. Pierce, Prentiss L. Pierce,
Crawford Rannev, Walter Wright and Harry
Stanley of st. Johnsbury, and each of them,
is material in support of the right of myself
above set forth and against any claim to
the contrary of or in dIninution of said right,
and 1 esire to perpetuate the testimony of
all said witnesses and each of them rea-
necessary steps taken to give notice to all
the parties interested, and to have such
testim ony taken by. and before the Hon.
| Jonathan Ross. chief judge of the supreme
| court of the state of Vermont, as soon as
legally may be in perpet1am ~
| Subscribed and sworn to this 9th day of
! January, 1894. Before me,
JONATHAN Ross,
Judge of Supreme Court
The foregoing application of Charles D.
| Jones being made to me to take testim on V in
| perpetuam, you, the said James Thompson,
| Nellie Thompson, Amos Sanborn, Ed. Flint,
! Delos NJ. Bacon, Alonzo Brown, Benjamin F.
| Gagnon, Van Buren, B. Hill, Jerome c. Bacon
| Josiah Pierce, Abel a. Pierce, Lois Ann Green
| Horace Green, Calvin Bowker, l. D. Stiles
| Alvin Simpson, Harry Brook, Tracey Wiley,
4 I koninspn; rreeLhan ar, PIeree; Ge9rge
| bury. all of st. Johnsbury, in the county of
| Caledonia, Connecticut and Passum psic
| Railroad, operating the Connecticut and
! Passumpsic Rivers Railroad, having their
| principal office OF business in Lyndon, in said
| county, and all other unknown parties who
| are, or may be Interested in the rights set
| VIII attend to taking the testimony of the
! witnesses named in said affidavit at the
| office of Alexander Dunnett in st. Johnsbury,
aforesaid, at y O'CLOCK IN the forenoon of
| February ~, 1894, at which time and place
| they may appear and be heard in the examin-
/ alton OF said witnesses. This notice to be
| served on the parties named like a writ OF
| summons by any sheriff constable, and to
| be served on the unknown parties by the
publication of this affidavit and notice three
| weeks successfully in the Caledonian. a news
| paper published in said st. Iohusbury the
| last of which shall be a least 20 DAYS before
! the time of taking such testimony.
Given under my hand this 9th day of
JONATHAN ROSS,
Judge of Supreme Court