38 §701. Complaint

§701. Complaint The complaint shall contain such a description of the land flowed or injured, and such a statement of the damage, that the record of the case shall show the matter heard and determined in the action.  

38 §702. –service

§702. –service The complaint shall be filed and service made as in other actions.  

38 §703. Defenses

§703. Defenses The owner or occupant of such mill or canal may answer that the plaintiff has no right, title or estate in the lands alleged to be injured; or that the owner or occupant has a right to maintain such dam, and flow the lands, or divert the water for an agreed price, or […]

38 §704. Trial; costs

§704. Trial; costs When any such answer is filed and an issue in fact or in law is joined, it shall be decided as similar issues are decided at common law. If judgment is for the defendant, he shall recover his costs.  

38 §705. Appointment of commissioners; appraisal of damages

§705. Appointment of commissioners; appraisal of damages If the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objection to the proceedings, the court shall appoint 3 or more disinterested commissioners of the same county, who shall go upon and examine the […]

38 §706. Assessment in gross

§706. Assessment in gross In any case where annual damages have been determined by a judgment of the court, the owners of the dam or mills may apply to the court by a new complaint, to have the damages assessed in gross, and commissioners may be appointed as in other cases to ascertain, determine and […]

38 §707. Payment in gross; bar

§707. Payment in gross; bar If the damages in gross are paid within the time fixed, the judgment is a bar to any further complaint so long as the dam and flashboards remain at the same height, but if thereafter either is raised, a new complaint may be made by the owner of the lands […]

38 §708. Commissioners’ report for jury

§708. Commissioners’ report for jury If either party requests that a jury may be impaneled to try the cause, the report of the commissioners shall, under the direction of the court, be given in evidence to the jury; but evidence shall not be admitted to contradict it, unless misconduct, partiality or unfaithfulness on the part […]

38 §709. Acceptance of commissioners’ report

§709. Acceptance of commissioners’ report If neither party requests a trial by jury, the report of the commissioners may be accepted by the court and judgment rendered thereon.  

38 §710. Verdict or report bars future action

§710. Verdict or report bars future action The verdict of the jury or the report of the commissioners so accepted is a bar to any action brought for such damages. The owner or occupant shall not flow the lands nor divert the water during any portion of the period when prohibited, nor divert the water […]

38 §711. Yearly damages

§711. Yearly damages Such verdict or accepted report of the commissioners, and judgment thereon, shall be the measure of the yearly damages, until the owner or occupant of the lands or the owner or occupant of the mill or canal, on a new complaint to the court and by proceedings as in the former case, […]

38 §712. –security for

§712. –security for When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person’s damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal […]

38 §713. Action for unpaid damages; lien

§713. Action for unpaid damages; lien The party entitled to such annual compensation may maintain a civil action therefor against any person who owns or occupies said mill, or canal and mills supplied thereby, when the action is brought; and shall therein recover the whole sum due and unpaid, with costs; and shall have a […]

38 §714. Execution sale of land and mill

§714. Execution sale of land and mill The execution on such judgment, if not paid, may at any time within 30 days be levied on the premises subject to the lien. The officer may sell the same at public auction, or so much thereof in common with the residue as is necessary to satisfy the […]

38 §715. –redemption

§715. –redemption Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under the purchaser, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under the […]

38 §716. New complaints

§716. New complaints When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original complaint.  

38 §717. –restrictions

§717. –restrictions No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender as is provided.  

38 §718. –offer of increased compensation

§718. –offer of increased compensation The owner of the mill, dam or canal may within said month offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of […]

38 §719. –offer to accept less compensation

§719. –offer to accept less compensation The owner of the land injured may within said month offer in writing to the owner of the mill, dam or canal to accept a reduced compensation for the future. If the owner of the mill, dam or canal declines to pay it, and brings a new complaint to […]

38 §720. Tenants may make offers

§720. Tenants may make offers Such offers may be made by or to the tenants or occupants of the land, and of the mill and dam, or canal, in like manner and with like effect as if made by or to the owners; but no agreements founded thereon bind the owners, unless made by their […]