Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1898-02-24

bill OF compliant in this case; also from
al ering or changing the rocky raceway o.
cnanneI II at runs under the highway aDs
which Is described la TIE DILL OF complain
la this case; also from taking water from
said rocky raceway or channel or from thu
pond described in said till OF complaint
lin any other way or manner Jnan that IL
which the GsysvIlle Manufacturing com
pany Las teen accustomed to take the
same; also from drawing any wafer from
the said pond earlier than half past SIX IN
the morning or later than half past six In
the afternoon, and II is ordered that the
orator recover OF said defendant his costs.
/ Ia view OF the courts construction of the
deed, the exception OF defendants and mo-
ton to recommit are not passed upon and
are left for further proceedings without
| pI ejudicing the defendants. Tue ques-
ton OF damages claimed bv the orator on
account OF temporary injunction granted
on the appllca ION OF he Bethel Electric
ELig bal and Power company ana the qnes-
ffion ss to the division Of the water as
prayed for In the crOhs bill in this Case are
not ripe Tor finai decree and the same
are held W the court OF chancery Tor fur
tber proceedings. Either party may APP
peal on fling written molion therefore
within the time limited ~ law. Dated at
Woodstock in said Windsor county this
14th day OF February, A. d. 1897" The
main question in this case was he con-
struction OF the deed from the Gaysville
Manufa, turing company to j. Q. Adams.
j. q. Adams sold 10 j. h. Safforu. and the
Gaysville Misunderstanding company sold
the balance OF It's water privilege, after the
sale to Adams, To- Le Bethel Eli ctric Light
and Power Co. Following is the construc-
ton aud opinion of Judge Tyler:-"The
defendant, I he Bethel Electric Light and
Power Co.. is the owner OF two.thirds OF
the wafer power, subject to the right of
the orator to draw twO-ninths OF the wa
ter OF the river when the water runs over
the Dam; there is a further exception,
hoWever, that whenever the defendant
does not desire TO use the water in the
pond the orator may use the same with no
limitation except the right OF the Gay es-
tate thereto. There Is no limitation from
the right Oi the defendant to use the two
thirds OF the power, other than the orators
grant OF tine right to draw two-ninths of
the water at the time when the water runs
over the dam. At such times the right OF
the orator to draw two-nInths OF the wa
ter from the pond was as absolute as the
defendants rig BIT TO the remainder OF The
two-thIrds iDasmuch as The power Of the
water wss all that either parry could hold.
Tnls is he construction to be given to the
grant In the Gaysville Manufacturing
deed 70 Johl O. Adams OF
April 29th A ID. 1SS9. The cause in the |
9. ant, Said graDtor reserves ali rights of
taking, drawing and using the water in |
SAID dam in the way and manner IL has
been accustomed to take and use the same,
except that the grantee, his heirs ana as
Signs snail have the right to draw the wa
ter as aforesaid limits the defendant 70 |
use the water in the way and manner in |
" hich IL was used at the time of the grant |
The defendants graDtor voluntarily re-
stricted its use OF the water to the manner |
Of using it then existing and he orators |
grantor accepted his grant with that re-
striction upon the use of he power re-
main ng in the grsntor. Upon the mas
Ier's report the defendant has no right to |
over the roc~ raceway as that would in
ierfere with the orators enjoyment Of his
right under his grant Upon the report |
81 he msster there can be- no division OF
he water under tine orators mill. The de-
iendant ts no right 10 cnange the chan.
mel that runs under the highway, nor to
AXE wateI from the channel or rsepway in /
my other nav or manner than was ia use
II the time OF tn. grant. IL NAV use all |
he water to which II is entitled bat not
% interfere with the orators right as ue-
ined by tue giant. To draw water ear
ier than half past six in the morning or
alter than half pa Il SIX ia the evening is
IN Interference by the defendent with the
,ratoi's right, 1t being use OF the water
n different manner from hat it was be-
ng useu at the time OF the grant"