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Interest on Verdicts, etc.

(1318.) SEC. 7. In all actions founded on contracts express or implied, whenever in the execution thereof any amount in money shall be liquidated or ascertained in favor of either party, by verdict, report of referees, award of arbitrators, or by any other mode of assessment according to law, it shall be lawful, unless such verdict, report, award, or assessment shall be set aside, to allow and receive interest upon such amount so ascertained or liquidated, until payment thereof, or until judgment shall be thereupon rendered; and in making up and recording such judgment, the interest on such amount shall be added thereto, and included in the judgment.

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When Mill may

be repaired, etc.,

by part of own

Chapter One Hundred and Thirty-Two of Revised Statutes of 1846.

(1319.) SECTION 1. When any mill which is owned by several

ers at expense of persons as joint tenants or tenants in common, or the dam or

all.

appurtenances of such mill shall need to be repaired or to be

rebuilt, in whole or in part, and the proprietors shall not all agree to join in repairing or rebuilding the same, the greater part in interest of the proprietors may cause the work to be ass., 559. done at the expense of the whole, in proportion to their respective interests.

11 do 325.

prietors, how

(1320.) SEC. 2. Any one or more of the proprietors may, in Meeting of Prosuch case, call a meeting of the whole of them, to be held at called. the mill, to consult and agree upon the measures to be taken for repairing or rebuilding the same, which meeting shall be called by a written notice, signed by the person who called it, and addressed to each of the other proprietors, expressing that the mill in question needs to be repaired or rebuilt, and that a meeting of the proprietors thereof will be held at the mill, or at some place in the county where the mill is situated, on a certain day and hour mentioned in the notice, to consult and agree upon the measures to be taken for that purpose, and requesting the attendance of the proprietors at such meeting.

served, and how

(1321.) SEC. 3. The notice may be served by any constable Notice, by whom or other disinterested person, and the certificate of such con- returned. stable, endorsed on a copy of the notice, or the affidavit of such other person, annexed thereto, specifying the several persons, if more than one, on whom he served it, and the time. and manner of the service on each, shall be deemed sufficient evidence thereof.

served.

(1322.) SEC. 4. The notice shall be served by delivering How Notice to bo the original to the person to whom it is addressed, or by leaving such notice at his dwelling house, or at his last and usual place of abode, not more than thirty days, nor less than seven days before the day appointed for the meeting.

est may take

pair, etc.

(1323.) SEC. 5. At the meeting so called, or at any adjourn- Majority in interment thereof, the greater part in interest of the whole body measures to reof the proprietors of the mill, may tak: measures to cause the mill, or the dam, or appurtenances thereof, to be repaired or rebuilt, as they shall judge most for the interest of all who are concerned therein.

to pay his pro

ionate sharo

of expenses.

(1324.) SEC. 6. Every proprietor of the mill shall pay his Each Proprietor just and equal part of the charge and expense of such repair or rebuilding, in proportion to his share of interest in the mill, which sum shall be paid on demand, after the work is completed, to the proprietors by whom it shall have been advanced, with interest from the time of the advance.

(1325.) SEC. 7. The proprietors who shall advance the money

Proprietors ad- SO expended, shall have a lien therefor on the rents and profits

vancing Money

rents and profits,

suit.

to have lien on of the mill, and may retain so much thereof as belongs to any or may maintain proprietor who is indebted to them for such advance, to be applied to the payment of his debt, or they may maintain a suit for such debt, or for as much thereof as shall not be paid out of the rents and profits.

Guardians to act for Minors, etc.

When Husband to act for his Wife.

Apportionment of Expense, in case of Tenant for life, etc.

session, and

far liable.

(1326.) SEC. 8. When any proprietor is under guardianship, as a minor or otherwise, his guardian may act for him in calling a meeting of the proprietors, or in attending such a meeting, and may vote for the ward, and may do all such other acts in the premises as the ward could do if competent to act for himself; all which shall be binding on the ward, and on

his estate.

(1327.) SEC. 9. When any part of the mill is held by a married woman, her husband may in like manner represent her, and appear and act for her at such meeting, and his doings shall have the same effect as if they had been done by her before their intermarriage.

(1328.) SEC. 10. When any part of the mill is held by any person as tenant for life, or years, with remainder or reversion to another person, the sum due for repairs and other expenses on that part of the mill shall be apportioned on the tenant for life, or years, and on the remainderman, or reversioner, in proportion to their respective interests in the premises, or as shall be equitable and just; and the party to whom the money shall be due from such remainderman, or reversioner, shall have a lien on the rents and profits belonging to him after his estate shall come into possession, if not sooner paid, notwithstanding any limitation by lapse of time.

Mortgagee in pos- (1329.) SEC. 11. Every mortgagee in possession shall be Mortgagor, how considered as a proprietor, for all the purposes of this chapter, but the mortgagor shall also be liable for all sums so due on account of his share of the mill, so far as the same are not recovered of the mortgagee, provided the action therefor is brought against the mortgagor, before his right of redemption is foreclosed; and all sums paid by the mortgagee on such account, shall be considered and allowed between him and the mortgagor, as so much added to the mortgage.

How Moneys advanced may be collected.

(1330.) Sec. 12. All sums due from one proprietor to another, for moneys advanced under the provisions of this chapter, may be recovered in an action of assumpsit; and when two or more proprietors are so indebted, the creditor or creditors may maintain a bill in Chancery against any two or more of

1

tween Proprie.

by this Chapter.

them, in which suit the Court shall determine what amount is
due from each of the debtors severally, and shall award
execution against each of them accordingly, and shall appor-
tion the amount so recovered among the complainants in such
suit, if more than one, according to their respective rights.
(1331.) SEC. 13. Nothing in this chapter shall make void, or Contracts be-
in any way affect, any contract or agreement between the pro-tors not affected
prietors of any mill, as to the repair or rebuilding thereof.
(1332.) SEC. 14. Every miller occupying and using a grist Miller to keep
mill, shall be provided with scales and weights, or a vibrating weigh Grain,
steelyard, to weigh corn, grain, flour and meal, delivered at feiture for neg-
and taken from the mill, if required; and if he shall neglect
to keep himself so provided, or shall refuse so to weigh corn,
grain, flour, or meal, when required by any person delivering
or taking away the same, he shall forfeit, for each neglect or
refusal, not less than one dollar, nor more than five dollars.

Scales, etc., and

Flour, etc.; For

lect or refusal.

RATES OF TOLL FOR GRINDING.

(1333.) SEC. 15. The toll for grinding and bolting any wheat, Rates of Toll.. rye, or other grain, shall not exceed one tenth part thereof; for grinding, and not bolting, any wheat, rye, or other grain, except Indian corn, the toll shall not exceed one twelfth part thereof; and for grinding, and not bolting, Indian corn, the toll shall not exceed one tenth part thereof.

Grind Grain in

accountable for

(1334.) Sec. 16. The owner or occupier of any grist mill Owner, etc., to shall well and sufficiently grind the grain brought to his mill due time, and be for that purpose in due time, and in the order in which it shall safe delivery. be received, and shall be accountable for the safe keeping of all grain received in such mill for the purpose of being ground therein, and shall deliver the same when ground, or ground and bolted, as the case may be, with the bag or cask in which it was brought, when demanded, but every owner or occupant of a mill may grind his own grain at any time.

last Section.

(1335.) SEC. 17. Nothing contained in the last section shall Construction of be so construed as to charge the owner or occupant of any mill for the loss of any grain, bag or cask, which shall happen, by fire or inevitable accident, without the fault of such owner or occupant, his agents or servants.

in certain cases.

(1336.) SEC. 18. Every miller, or owner or occupant of a Liability of Miller grist mill, who shall not well and sufficiently grind any grain as aforesaid, or not in due time as the same shall be brought, or who shall exact or take more toll than is herein allowed,

shall, in every such case, be liable to the party injured in the sum of five dollars damages, over and above the actual damages sustained thereby.

TITLE XI.

OF THE PUBLIC HEALTH.

CHAPTER XXXVII. Of the Preservation of the Public Health; Of Quarantine, Nuisances,

and Offensive Trades.

CHAPTER XXXVIII. Of the Draining of Swamps, Marshes, and other Low Lands, that Affect
Injuriously the Public Health.

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OF THE PRESERVATION OF THE PUBLIC HEALTH; QUARANTINE, NUISANCES, AND OFFENSIVE TRADES.

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