Chap. 0122 An Act in addition to the several Acts, for the support and regulation of Mills.

Sec. 1. be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any person shall hereafter raise a head of water, for the working of a Water Mill, whereby the lands of any other person shall be flowed, and the owner thereof shall cause a jury to be empannelled agreeably to the provisions of the acts to which this is in addition, it shall be the duty of such jury as shall be first empannelled, after the raising of such head of water, in addition to the duties pointed out in said acts, to estimate and fix, under oath, such a sum of money, in gross, as shall be a just and reasonable compensation for all the damages done, or to be done, to the owner of the land flowed, by raising and keeping up such head of water, and for the right of keeping up the same, at such a height and for such a part of the year, as the jury shall determine to be necessary, and certify the same, to be returned with their verdict by the officer empannelling such Jury; and such verdicts being returned, the judgment thereon shall be final, any law or usage to the contrary notwithstanding.

Sec 2. Be it further enacted, That the owners of lands so flowed, as aforesaid, may elect and shall be entitled to receive the estimated sum of money in gross aforesaid, instead of the yearly damages returned by the verdict of the jury, and may have an action of debt to recover the same : Provided, he shall give notice in writing of such election to the owner or owners or occupants of such Mill, within three months from the acceptance of such verdict by the Court; and if the owner or owners of

such Mill shall refuse or neglect, for the space of three months, after the time of notice given as aforesaid, to pay or satisfactorily secure to the owner of said lands the estimated gross sum of money aforesaid, with the lawful interest thereon, from the finding of such verdict, he or they shall be forever precluded from all benefits of said verdict, as well as from all rights in regard to said lands, which he or they may or might have by virtue of the acts to which this is in addition : Provided, however, that nothing in this act shall affect the yearly damage done to lauds flowed as aforesaid, previous to the finding of such verdict, nor the rights of the parties thereto.

[Approved by the Governor, March 12, 1830.]