point on the north-east quarter of section thirtythree, in township No. seventy-one, north, range nine, west, which dam shall not exceed eight feet above low water mark.

SEC. 2. Any person, who shall destroy, or in any- Penalty for dewise injure said dam, shall be deemed to have com- stroying or inmitted a trespass, and shall be liable accordingly; juring the dam. and any person, who shall wilfully or maliciously destroy or injure said dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owner may have sustained, or be imprisoned, at the discretion. of the court.

flow lands without consent of owner.

SEC. 3. Nothing herein contained shall authorize Not to enter the individual named in this act, his heirs or assigns, upon and overto enter upon and flow the lands of any person, without the consent of such person; and they shall remove all such nuisances as may be occasioned by the Nuisances to erection of said dam, which may endanger the health be removed. of the vicinity.

APPROVED, January 22, 1839.

MILL DAMS.

AN ACT to authorize Hiram C. Smith and

Cordell to erect a dam

across Skunk river.

dam.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Hiram Authority to C. Smith and Cordell be, and they are hereby onstruct a authorized to construct a dam across Skunk river, in Henry county, in said Territory, at a point in section 28, township No. 70, north, range 5, west; which dam shall not exceed four feet above common low water mark, and shall contain a convenient lock, not less Lock for the than one hundred and thirty feet in length, and passage of thirty-five feet in width, for the passage of steam, keel, and flat boats, rafts, and other water crafts; Provided, Said water craft will bear two tons burthen: And provided further, That said dam and lock shall Proviso. be completed within the term of four years from the passage of this act.

boats.

and boats pass

SEC. 2. It shall be the duty of the persons, author- Lock to be ized in the preceding section of this act to build said kept in repair, dam, at all times to keep the lock in good repair, ed without deand they shall, at all reasonable times, pass any lay. water craft above mentioned through, free of toll,

Penalty for de

lock.

without any unnecessary delay; and any person, who shall be unnecessarily detained, shall be entitled to recover of the owners double the amount of damages they shall prove to have sustained by reason of said detention.

SEC. 3. Any person, who shall destroy, or in anystroying or in- wise injure, either said dam or lock, shall be deemed juring dam or to have committed a trespass, and shall be liable accordingly; and any person, who shall wilfully or maliciously destroy or injure said lock or dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owner may have sustained, or be imprisoned, at the discretion of the court.

Not to enter

flow lands

without con

SEC. 4. Nothing herein contained shall authorize upon and over the individuals named in this act, their heirs and assigns, to enter upon and flow the lands of any persent of owner. Son, without the consent of such person; and they shall remove all such nuisances as may be occasioned by the erection of said dam, which may endanger the health of the vicinity.

Nuisances to be removed.

This act may amended.

SEC. 5. The legislature of this Territory (or State) may at any time alter or amend this act, so as to provide for the navigation of said river. APPROVED, January 23, 1839.

a stream, how to acquire a title on the other side.

MILLS AND MILLERS.

AN ACT regulating Mills and Millers, and for other purposes.

SEC. 1. Be it enacted by the Council and House of Owners of land Representatives of the Territory of Iowa, That when on one side of any person, owning lands on one side of any stream or water course, the bed of which wholly, or in part, belonging to himself, or herself, and may be desirous of building a water grist mill, or saw mill, on such lands, or to erect any dam across such water course for that purpose, and shall not own the lands on the opposite side of such stream or water course, such Application to person on application to the district court of the district court. county where the opposite lands may be, may obtain a writ of ad quod damnum, to be issued, directed, and proceeded on as is hereinafter directed: Provided, That notice, in writing, of such application be given four weeks before said application by personal service on the owner or owners of such lands, his, her, or their agents, if to be found in the county, and if not, by

Proviso, as to

notice.

affixing such notice on the court house door of the county.

whom served,

SEC. 2. The said writ shall be directed to the Writ, to whom sheriff of the county in which the lands to be affected directed, on thereby may lie, commanding him to summon twelve and notice to good and lawful men of the county, to meet upon owners, &c. the lands in such named, on a day therein to be specified, and ten days' notice of the execution of such writ shall be given by the sheriff to the proprietor of such lands as before directed in the case of notices, unless the party, his, or her, or their agents were present in court when such writ was obtained.

view and as

SEC. 3. The jury so summoned, when met, shall Jury to be be sworn and charged by the sheriff impartially, and sworn and to the best of their skill and judgment to view the charged to lands in the said writ described, and the lands above certain damand below the proposed dam, and ascertain the dam- age. age as by said writ directed; and shall locate and set apart, by metes and bounds, so much land as Metes and they shall think necessary for the purpose of erect-bounds ing such dam, not exceeding three acres, having due Limitation. regard, in such location, to the interest of both parties, and shall appraise the same at its true value; also to examine the lands of other persons which may probably be overflown by the erection of such dam, and say what damage each owner will sustain thereby, and whether the dwelling house, out-house, Dwelling housorchard, or garden, of any such owner will be over- es, orchards, flowed, and whether, in their opinion, the health of gardens, the neighborhood will be injuriously affected by Duty of jury, such overflowing; which inquisition shall be made as to inquisiand signed by all the jurors, and returned by the tion. sheriff with the writ to the next term of the court Return by whence it issued.

health, &c.

sheriff.

in court, and

SEC. 4. When the inquest aforesaid shall be taken, Notice to ownthe party obtaining the same shall notify the owner ers, to appear or owners of lands mentioned in such inquisition, show cause, &c. whose lands are to be affected by the same, to appear at the district court of the next term therof, and show cause why leave should not be granted to build such mill and dam, which notice shall be served as before directed.

SEC. 5. Any person wishing to build such mill and Where the to dam any water course, who may own the land on land, on both both sides of such stream, shall make application sides, is owned as aforesaid to the court of the county where such mill is proposed to be erected, for a writ to examine

by the same person.

writ. Its ob

ject, service

Application for as aforesaid what lands may be thereby overflowed and what damage will be sustained by the owner or owners of such lands, and whether the health of the neighborhood will be affected by such overflowing; which writ shall be issued, directed, and returned, as before prescribed.

and return.

Inquest and evidence.

SEC. 6. If on such inquest, or other evidence, it shall appear to the court that the dwelling house of any proprietor, or any out-house, garden, or orchard, will be overflowed or the health of the neighborhood impaired, they shall not give leave to erect such Discretion of dam; otherwise if the said court shall judge it reasonable, and for the public benefit, they may give leave, and lay the party applying under such regulations and restrictions in respect to the navigation of such stream as they shall judge proper.

the court.

Regulations and restrictions

Acquisition

of title.

Limitations.

SEC. 7. If the party applying obtain leave to build and character the said dam, he shall, on paying the proprietors of the lands located, and the damages assessed by the jury as aforesaid, become seized in fee of the lands so located, to him, his heirs, and assigns. But if he shall not, within one year thereafter, begin to build the said mill and finish it in three years, and afterwards keep it in good repair, for the accommodation of the public, or in case the said mill or dam be destroyed, shall not begin to rebuild in one year after its destruction, and finish it in three years, the said When title to land shall revert to the former owner and his heirs, unless at the time of such destruction, the owner of such mill be an infant, or otherwise disabled in law, in which case the same time shall be allowed after such disability is removed.

revert.

Exception.

Operation of

damages.

SEC. 8. The inquest of the jury aforesaid, or the this act, as to opinion of the court, shall not bar any prosecution or action which would otherwise be maintained in law had this act never been passed, other than for such injuries as were foreseen and estimated by the jury.

Non-compli

ance and

Forfeiture.

What consti

SEC. 9. Any person having obtained leave to erect any dam and mill as aforesaid, who shall neglect to finish the same within the time aforesaid, or having erected such mill shall fail to keep it in repair and running for the accommodation of the public, for the space aforesaid, at any one time, shall forfeit all rights acquired by virtue of this act, or any act of this Territory.

SEC. 10. All mills now in operation, or which may tutes a public hereafter be put in operation, in this Territory, for

mill.

grinding wheat, rye, corn, or other grain, and which shall grind for toll, shall be deemed public mills.

ter mills.

SEC. 11. The owner or occupier of every public Regulations of mill, within this Territory, shall grind the grain steam and wabrought to his mill as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll, if Rates of toll. a water mill, or steam mill, for grinding and bolting wheat, or rye, one-eighth part; for grinding Indian corn, oats, barley, and buckwheat, not required to be bolted, one-seventh part; for grinding malt and chopping all kinds of grain, one eighth part: For an ox Ox, or horse or a horse mill, for all kinds of grain, one-fourth part: mills, rates of Provided, If the owner of any such grain, ground at toll. an ox or horse mill, shall furnish team to grind the same, with the consent of the owner or occupier of such mill, the same toll shall be taken as is allowed for a water or steam mill, and no more.

Proviso.

SEC. 12. It shall be the duty of each and every Duty of millers. owner and occupier of every public mill, to give due and punctual attention when his mill shall not be out of repair, and to aid and assist in loading and unloading all grain which shall be brought to him Measure and to be ground. And he shall keep, in his mill, an toll dishes. accurate half-bushel measure, and an accurate set of toll dishes, and for a failure to perform any of the duties required by this act, every owner or occupier of a public mill shall forfeit and pay the sum of five Forfeiture. dollars, to the use of any person who will sue for the same, as an action of debt in any court having cognizance thereof.

SEC. 13. Every owner or occupier of a public mill Safe keeping as aforesaid, shall be accountable for the safe keep- of grain, &c. ing of all grain received in his mill, for the purpose

grain or flour.

Bags, &c.,

of being ground, with the bags or casks containing Bags and casks the same, and shall, when required, deliver the same, Delivery of or the flour or meal thereof, to the owner, or his or her agent or servant, with the bags or casks in which marked. the same was received: Provided, That such miller shall not be accountable for any bags or casks unless the same be distinctly marked with the initial letters of the owner's name, nor for the loss of grain bags Accidents. or casks, which happen by unavoidable accidents.

SEC. 14. If any miller, or the occupier of any mill, Taking unlawshall take a greater proportionate quantity of toll ful toll, &c. than is allowed by this act, or shall not sufficiently grind, or grind and bolt, as the case may be, agreeably to the capacity of his mill, and in due turn, as