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molestation: and if the land of any person or persons Remedy shall be injured by being overflowed by the owners or for pe

sons injuroccupants of such mills stopping or raising the water, ed by that in every such case the party so aggrieved may make such

ponds. application for relief to the court of general sessions of the peace, in the county where such mills or ponds are ; which court is hereby empowered to issue a warrant, di- mu rected to the sheriff of said county, to summon and empannel a jury of twelve or more of good and lawful men, at the cost and charge of the owner or owners of such mill or mills; and the said jury shall be sworn by a justice of the peace to a faithful and impartial appraisal of the yearly damage done to the lands of the person complaining as aforesaid : and the jurors' verdict being returned by the hand of the sheriff to the next court of general sessions of the peace for the county where such millor pond is, and being allowed and recorded, shall be a sufficient bar against any action to be brought for any damages occasioned by the flowing of such lands as aforesaid, save only an action of debt which the complainant may Action of bring for the recovery of such yearly sum or sums of debt may

be money from the owner or occupant of such mill assessed brought as aforesaid, during the time of such flowing: but if the for the jury find no damage for the complainant, then he or they damages. shall be at the cost of the jury, to be allowed by the justices of said court.

SEC. 2. And be it further enacted, That when any persons Disputes have or shall erect or build any mill or mills in partner-between

: part ownship, and where each of the partners has a property in ers of the place where said mill or mills are or shall be erected mills, how or built, and any controversy or dispute hath arisen or shall arise between the owners of said mills, whereby said mills shall go to ruin and become useless, that then and in such case it shall and may be lawful for the partner or partners who are desirous said mill or mills should be kept in repair, to take with him or them two good and credible freeholders of the neighborhood, and with them to go to the owner or partners who neglect to maintain, repair and rebuild his or their part of said mill or mills, and request or demand of him or them to repair or re-Owner in

default to build his or their part of said mill or mills, as the case, may require; and if the said owner or partners still re- quested to fuse or neglect to repair or rebuild as aforesaid, that then repair. and in such case the owner or partner thereby aggrieved, may make his or their application to the court of general

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sessions of the peace, within the county where such difNeglect- ference arises; which court, upon proof of his or their interessiert proceedings as is above required, is hereby fully empowto grantered to grant forth a licence to the partners or owners so licence for complaining, to repair and maintain said mill or mills so

.

gone to ruin, and the same to improve to their best adUpon pay- vantage; always upon condition that he or they shall

pay ment of or cause to be paid to the other owners or partners, such

and so much yearly rents for his or their parts of lands, waters and privileges, as are of necessity to be made use of for said mills, as the said partners or owners agree upon: but in case it shall so happen that the said owners cannot agree upon the yearly rents aforesaid, that then and in such case the owner or partners who have neglected to repair his or their parts as aforesaid, may make ap

plication to the court of general sessions of the peace, To be as- which is hereby empowered to send a jury, in the manner certained aforesaid, to value the yearly rents of said lands, waters by jury, in

and privileges; and the owner or partners who occupy said mills and privileges are to pay the rents yearly, ac

cording to the value set by the said jury. Such own- Sec. 3. And be it further enacted, That if the owners or er may partners of said mills who have neglected to maintain his

or their parts as aforesaid, after said mill is repaired or rebuilt by the other partners as aforesaid, shall again desire to have his or their parts and improve the same themselves, that then and in such case the owners or partners who have repaired or rebuilt said mills shall render true and perfect accounts of the costs and charges of repairing

and rebuilding as aforesaid, to the other partner or partUpon pay. ners who have neglected as aforesaid, who, upon the payment of ment of his or their proportionable part of said charges,

, &c.

shall and may re-enter into such bis part or proportion of said mills, saving where there is or shall be any contract to the contrary.

And to the end that rivers and streams of water may be

improved and made as useful to the public as possible : Waste- Sec. 4. Be it further enacted, That all and every person or gate to be kept open. persons owning any dam or mill in this State shall, at all

times from the twenty-sixth day of June to the twentysixth day of October, annually for ever, maintain a wastegate in their said dam, sufficient to vent so much water as naturally runs in said river; and after the water shall have risen to the height of three feet perpendicular on

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his or their flumes, which convey the water to his or their water-wheel, keep the same open from six of the clock in the morning until nine of the clock at night of each day during the time abovesaid, if the same be desired by any persons owning any mill within one mile below such mill on the same stream; except when said upper mill is going, at which time the waste-gate of said upper

mill

may be kept shut down.

Sec. 5. And be it further enacted, That if at any time or Penalty times hereafter, any person or persons whosoever, owning for any such dam or mill, shall refuse or neglect to keep said waste-gate open as aforesaid, and be thereof duly convicted before any two or more of the justices of the peace, within the town where the offence shall be committed, such person shall forfeit the sum of seven dollars, the one half thereof to the informer and prosecutor, and the other half to and for the use of said town.

for neg

1726..

more.

An act regulating Millers in their taking Toll. Section 1. Be it enacted by the General Assembly, and by Millers to the authority thercof it is enacted, That no miller or person take a sixtaking corn or grain to grind shall, upon any pretence part for whatsoever, take more toll for grinding the same than a grinding. sixteenth part, or two quarts for grinding a bushel, and so proportionably for a greater or lesser quantity, upon the penalty of forfeiting a fine of one dollar for each of- Penalty fence; the one half thereof to the informer, and the other for taking half to the use of the town where such offence shall be committed: the offender to be tried before any one justice of the peace or warden of such town where such offence shall be committed ; and the party offending shall be liable to pay the party aggrieved his lawful damages; excepting where any miller or person erecting a mill shall Except. for some reason make a particular contract with any town or person for greater toll; then such miller or person tending such mill shall not be liable to such penalty, except he or they exceed the toll contracted for.

Sec. 2. And be it further enacted, That all millers and Duty of persons tending mills shall make good meal, according to custom, and grind for each person bringing corn or grain to be ground in his turn without distinction, upon the penalty aforesaid, to be recovered in manner abovesaid, and applied one half to the informer, and the other

millers.

half to and for the use of the town where such offence shall be committed.

1731 '84 '90 `98 1815 22.

Beef and

And be sworn.

An act to regulate the inspection of Beef and Pork.

Section 1. Be it enacted by the General Assembly, and by pork ex: the authority thereof it is enacted, That hereafter no person be inspect- or persons whatsoever shall sell, ship or export from this ed. State, any salted beef or pork, except in barrels or half

barrels of the quality and dimensions hereinafter provided, and the contents thereof are inspected and packed, and unless the casks containing the same are branded

agreeably to the directions in this act. Inspector- Sec. 2. And be it further enacted, That there shall be general to be ap

an inspector-general of beef and pork for this State, who pointed. shall be well skilled in the knowledge of the same, to be

appointed by the general assembly annually, and to be by

them removed at pleasure, who; before he shall enter on Who shall the duties of said office, shall give bond with sufficient give bond.

surety to the general treasurer, in the penal sum of one thousand dollars, for the faithful discharge of his duty, and shall also be sworn faithfully to perform the same;

and such inspector shall have power, when so qualified, to Mayaman appoint, and shall appoint, a deputy-inspector in each point deputies. county in this State, who shall be removed by him at

pleasure, for whom he shall be answerable, and shall take And take bonds from them to himself and successor in said office, brondthem. with sufficient sureties, in a penal sum not exceeding five

hundred dollars; and the said deputy-inspectors shall Who shall also be sworn to the faithful discharge of their duty; and be sworn. each of the deputy-inspectors, when so appointed and

qualified, shall appoint in the several towns in their reAnd may spective counties, such a number of assistant-inspectors, appointas.

surveyors or packers as shall be necessary, who shall give

bonds with surety to the deputy-inspector from whom Which as such assistant shall receive his appointment, in the penal shall give sum of not less than one hundred dollars, for the faithful bond and discharge of his duty, and shall also be sworn faithfully

to perform the same : Provided always, That in case of the

vacancy of said office of inspector-general by death, reProviso. signation or removal out of the State, his deputy-inspec

tors and their assistants shall continue in their respective offices until the next annual election, unless sooner removed by the inspector-general for the time being; and

sistants.

Sworn.

that his excellency the governor be and he hereby is authorized and empowered to appoint an inspector-general to fill such vacancy until the next annual election.

Sec. 3. And be it further enacted, That it shall be the Deputies duty of every deputy so appointed to make return to the to make inspector-general, once in every six months, of the num- inspectorber of barrels and half barrels of beef and pork inspected operatin by them or their assistants, agreeably to the provisions of months. this act; and it shall be the duty of the inspector-general, in the month of May annually, to make return to the gen

Inspector

general to eral assembly, at their May session, of the whole number make reof barrels and half barrels of beef and pork inspected, tum at

May sesaccording to the directions of this act, by him or deputies, the year preceding, designating the different sorts of beef and pork, and the places at which it was inspected.

Sec. 4. And be it further enacted, That no beef shall be Beef, how hereafter killed, unless it be of fat cattle; and all such to be

packed, beef shall be put in a strong pickle, and there remain at least three days, until the same be thoroughly struck, and then be packed or repacked in barrels or half barrels for exportation; and that all such beef shall be cut in pieces as nearly square as may be, and which shall not exceed eight pounds weight, nor be less than four pounds weight: that all beef which the inspector, deputy-inspector or To be dis assistant shall find on examination to have been killed at a proper age, to be fat and otherwise good and merchantable, shall be sorted and divided by him into four different sorts, for packing or repacking into barrels or half barrels, to be denominated, mess, prime no. 1, prime no. 2, and cargo: mess beef shall consist of the Mess beef. choicest pieces of oxen or steers, well fatted, not under three years old, and weighing six hundred pounds and upwards: the skin, shoulder clod and neck shall be taken from the fore quarter, and the leg and leg rounds from the hind quarter, and each barrel or half barrel containing beef of this description shall be branded on one of the heads with the words mess beef: prime beef no. 1 shall Prime consist of choice pieces of oxen, steers, cows and heifers, not under the age of three years old, nor under four hundred pounds weight, and to average five hundred pounds weight, without any necks or shanks; on one head of each barrel or half barrel containing beef of this description shall be branded prime beef no. 1: prime beef no. 2 Prime, shall consist of fat cattle of all descriptions not before

vided into four kinds.

beef,

no. 1.

no. 2.

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