§ 73-25 – Action in superior court; procedure.
73-25. Action in superior court; procedure. Any person conceiving himself injured by the erection of any gristmill, or mill for other useful purposes, may issue his summons returnable before the judge of the superior court of the county where the damaged land or any part thereof lies, against the persons authorized to be made parties […]
§ 73-26 – When dams, etc., abated as nuisances.
73-26. When dams, etc., abated as nuisances. When damages are recovered in final judgment in such civil actions, and execution issues and is returned unsatisfied, and the plaintiff is not able to collect the same either because of the insolvency of the defendant or by reason of the exemptions allowed to defendant, the judge shall, […]
§ 73-27 – Judgment for annual sum as damages.
73-27. Judgment for annual sum as damages. A judgment giving to the plaintiff an annual sum by way of damages shall be binding between the parties for five years from the issuing of the summons, if the mill is kept up during that time, unless the damages are increased by raising the water or otherwise. […]
§ 73-28 – Final judgment; costs and execution.
73-28. Final judgment; costs and execution. If the final judgment of the court is that the plaintiff has sustained no damage, he shall pay the costs of his proceeding; but if the final judgment is in favor of the plaintiff, he shall have execution against the defendant for one year’s damage, preceding the issuing of […]
§ 73-1 – Public mills defined.
73-1. Public mills defined. Every grist or grain mill, however powered or operated, which grinds for toll is a public mill. (1777, c. 122, s. 1; R.C., c. 71, s. 1; Code, s. 1846; Rev., s. 2119; C.S., s. 2531; 1947, c. 781.)
§ 73-2 – Miller to grind according to turn; tolls regulated.
73-2. Miller to grind according to turn; tolls regulated. All millers of public mills shall grind according to turn, and shall well and sufficiently grind the grain brought to their mills, if the water will permit, and shall take no more toll for grinding than one-eighth part of the Indian corn and wheat, and one-fourteenth […]
§ 73-3 – Measures to be kept; tolls by weight or measure.
73-3. Measures to be kept; tolls by weight or measure. All millers shall keep in their mills the following measures, namely, a half bushel and peck of full measure, and also proper toll dishes for each measure; but the toll allowed by law may be taken by weight or measure at the option of the […]
§ 73-4 – Keeping false toll dishes misdemeanor.
73-4. Keeping false toll dishes misdemeanor. If any owner, by himself or servant, keeping any mill, shall keep any false toll dishes, he shall be guilty of a Class 1 misdemeanor. (1777, c. 122, s. 11; R.C., c. 71, s. 7; Code, s. 1848; Rev., s. 3679; C.S., s. 2534; 1993, c. 539, s. 552; […]