Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1896-07-27

dated April 81 1874, which said deed contains a
condition following Hayes agrees to do nine-twen-
teths OF the expense of keeping the dam across the
river at the head of aforesaid mill. And said prem
ises conveyed bv said Henry Hayes to Bur-
bank q Williams, July 10 1857 and the same was
George d. Walworth, who is the owner at the pres
ent time And your Orator refers to all said deeds
and records thereof as part of his bill of CON-
plant, certified copies of which he brings into
Court ready to be produced.
And the Orator insists and AYERS that by virtue
of The deed from Calvin Hartman the common
source from whence all these water rights sprang,
to the said Herbert of the tannery rights TO all of
whose rights the Orator succeeds, that he, his
heirs and assigns should enjoy these rights, lar
implied covenant arose on the part of the common
grantor that there should forever thereafter be kept
and maintained dam substantially like the one
existing at the time of said grant, from which said
Herbert, his heirs and assigns could take water as
provided in said covenant, that, as said grant #
said tannery right take water out of said dam
was grant of an easement in the premises and
water right of said Hartman then owned by him in
said Coventry, consisting of said saw-mlll prems
the right to make the of the starch factory
contribute onetwentieth of the expense of keeping
said dam in repair and the right to make the owner
OF the grist null contribute one half of the expense
OF Keeping said dam in repair, said sawmill prem
lses. gristmill premises and starch factory premIs
es became burdened with said easement, and bound
to keep said dam in repair in such manner as said
Herbert, his heias. executors, administrators and
assigns forever thereafter might fully enJov the
rights and privileges conferred by said deedto him
from said Calvin Hartman.
And further avering that after said tannery rights
were conveyed TO the Orator, and while he was the
owner thereof, and after said saw-mill and starch
factory were conveyed 10 the said George ID, Wal
worth, and while he was the owner thereof, aud az
ter said grist-mill was conveyed TO said Clarissa
Field, and while she was the owner thereof to wit,
on the goth day of June, 1895, said dam having be
come ruinous and out of repair, the said Orator
having given notice to said owners of said saw-mill
grstmill and starch factory premises that said dam
was rulnous and out OF repair, and that IN conse-
quence thereof he, the said Orator. was unable to
to draw water therefrom in full and ample amount,
he had a right to do under his said deed, and
G n
of said dam, and that said Orator unable to
draw water ther efrom, aforesaid, but negecting
and refusing to repair said DAM entered upon said
dam as he, said Orator, has right TO do and ex-
pended in repairs upon said dam, at that time in
never been paid to him by said of said grist
mill, wnll and starch factory premise although
the same has often been demanded of them, bot
they have ever refused and neglected to do so, or
Ana the Orator further shows that at the time of
making said repairs the same were necessary, and
made that he. said Orator might use the water
in his dam as he had a right under his said deed to
use it. and were made because the owners of said
sawmil 9rlstinih, and the starch factory would not
Aud further represents that the day of june
1898 said dam was so rnlnous and out of repair that
the became insufficient to resist the pressure
the water held back 0y the same, and then and
there gave way and entirely broke down. and was
washed out And the said Orator then and there in
consequence thereof became unable to draw any
ter therefrom or in any to enjoy the right
and thereupon he gave notice thereof to the
o. said g5risfm sawml ana starch factory prem;
pat The SANS in such condition that he might draw
said owner OF the said saw-mill and starch factory
premises the defendant George d. WalwOrth, Who'll
" refused to do in any way assist in rebuilding
the same but the said owner the said grist-miii
premises. the defendant Clarissa Field to
bear herr proportion of said expense in rebuilding
said dam. and thereupon entered into an agreement
with your Orator to do.
And further averring that after the making of the
agreement with said defendant, Carssa Field ON the
rs5 a Of ss ne % w on ana erected
bOrand that upon that expense he has received only
the sum OF one hundred and ftynine dollars and 10
cents, being money paid by said defendant Clarissa
Field to laborers on said dam and for debris taken
out of said dam leaving due the Orator for said
non anu said repairs the sum OF ~ ana interest
on the same from September |, 1885, to the present
Aud further averrng that since the erection and
tne repairs o. sad ,iam ne has Repeatedly demanded
her slHsre of ,.xells,s OF said dan, Or any
part thereof except what she paid to laborers on !
said dam aforesaid
And further averrng that the said Clarissa Field is
without attaeha5le property SO that the Orator is
count OF the erection OF sad dam ana said repairs,
and that lie has no remedy TO recover the same
averflng tat aithomsh ne mas demanded Of the de-
fendanf. George ID Wilworth. the dine from him
refused aud neglected to pay tie same Aud pray.
ing that to the end therefore that the said defend
hereinbefore stated as fully and particularly ii
they were herein again repeated and they We're I
eo2nt max he taken Of the debt SO atofe said due to
aforesail 1or the repairs and erection ofthe same
aiB. among the several Ownersof said gIst-mill saw
mill and starch factory premises SHAH seem lust
aud equitable in the premises. and that said
be decTted 10 contribute to the expense of sd
ton and repairs OF said dam aforesaid and tow nj
keeping the same in repair in the future. and the !
same be made charge npon said srst-mill sawmill /
aud starch factory premises. and that said defend
ants he decreed to pay tn the orator the said sum
lne him for the erection and repairs aforesaid by "A
short time to be named by the Court. and upon thei
failure to do all equity of redemption in said I
said defendants. such of them shall fail 10 /
comply with the terms of said decree and the title
to said premises shall therefore the orator.
his administrators and assigns And
further praying for snch ether aud further relief i'm
the me fhises the nature of the and equity
And. whereas it being made to appear that said I
Dsmond l.. Field. Albert l.. Fled and George D. Wall /
worth without the state that personal service
II sail Petisipn dan not be made upon them. there
il is ordered that the said Dsmond L. Field. Al
bert l.. Field and George d. Walworth be ordered TO
appear before tht COnrt Of Chancerv 10 be hold
IN at Newport, within and for the County OF Orleans
IN the I'd day of September. 4. D. 1896. then and \
here in said Court to answer 10 the foregoing Petit
ion of the Orator, by the publication of the above 4
substance OF said petition in the Orleans County /
Monitor weekly newspaper published at Barton.
or three successive weeks the last of which public /
atoms to be less than twenty days prior to the
Given under my hand Newport. this 25th day of /
nly, A. d. 1895.
II. d CUSHMAN. Clerk
CLEANS Comfy Court OF Chanoerv.
w. w Miles, Solicitor. 1892 4