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defendant hath been so long owner of the mill dam or pond; if not, then from the time the ownership of the defendant commenced up to the date of the plaintiff's writ, or until the defendant ceased to be owner. And in addition to the foregoing, the said jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his heirs and assigns, owners of said dam, from the date of the plaintiff's writ until five years after said dam shall be removed by the said defendant, his heirs or assigns. Said jury shall also appraise what sum would be a just and reasonable compensation to said plaintiff, for all damages done to him by the matters of complaint set forth in his writ, from the date of his writ; which verdict, so rendered and signed by them, said justice shall return to the court issuing the venire, as soon as may be.

SEC. 7. If such verdict be returned to the court of common pleas, either party aggrieved thereby may appeal, as is herein after provided, from the judgment of the court accepting the same to the supreme court, to be holden in the same county; in which case said supreme court shall order a venire for and trial before another jury; which shall be had in the same manner and subject to the same rules as is herein before prescribed: provided however, that if the verdict rendered on such appeal shall not be more favorable to the party appealing than the one appealed from, such party shall recover no costs in such appeal, unless the same shall be adjudged him by the court accepting such verdict, upon cause shown.

SEC. 8. Upon the return and filing of any such verdict, the court to which it is returned shall continue the cause until the next term, before rendering any judgment, accepting the same; and the plaintiff shall, on or before the second day of said term in writing, make his election between the yearly damages and the damages in gross found by said jury; and no appeal shall be had unless made within three days after such election or during the said term of said court, if said term do not continue said three days; which election of the plaintiff shall be entered on the records of said court in said case, and shall be forever binding on said plaintiff and defendant and all claiming under them; and the judgment of the court shall follow the election of the plaintiff. But if the plaintiff neglect to make any election within the time and in the manner herein before prescribed, the court shall enter up judgment in his favor for the yearly damages found by said jury; and the judgment so rendered shall bar all actions for the injuries complained of by the plaintiff, excepting only

an action of debt on said judgment or scire facias to enforce the same.

SEC. 9. Any execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattels and body of the defendant and his real estate, as executions on other judgments, but if the defendant was owner of said mill at the date of the writ, also against the mill and mill dam which was the occasion of said suit, with all the appurtenances thereof; and the form of the execution shall be varied accordingly by the court issuing the same; and such execution may be levied thereon and the same proceedings may be had as on executions in other cases levied on real estate.

SEC. 10. Any sale of said mill or mill dam and appurtenances thereof made on such execution, shall be valid and effectual against the defendant, and against all persons whose titles shall accrue after the service of the writ in said action; but any person entitled to the premises sold may redeem the same at any time within one year after the sale, upon paying to the purchaser or person holding under him, the sum paid therefor, with interest thereon at the rate of twelve per cent. per annum.

SEC. 11. Whenever any plaintiff shall elect to receive the yearly damages awarded him as aforesaid, and the mill owner shall afterward remove the matter complained of in the writ, for which said damages were awarded, the plaintiff or his assigns shall recover said damages for five years after said matters shall be removed, and no longer.

SEC. 12. The justice of the court of common pleas or of the supreme court, who shall attend said jury in assessing damages, shall be entitled to compensation for his services and expenses, to be allowed by the court and taxed in the bill of costs.

SEC. 13. If the plaintiff in any such action shall decease pending the same, his death shall not abate said action, but his executor or administrator, as in suits which survive, shall come in, and prosecute the same; but the jury assessing damages shall assess damages only up to the date of the plaintiff's writ, (which damages shall be assets in the hands of such administrator or executor,) and not yearly damages or damages in gross, unless the heirs at law or devisees of such deceased shall, in writing or in person, in open court, consent to such appearance of the administrator or executor.

SEC. 14. No marriage of any party plaintiff, in any such action, shall abate the same, if the new party in interest, upon

the marriage being suggested by the defendant on the record, will at the same term, in writing or in person, in open court, amend the process and enter himself as one of the plaintiffs in said action; but the costs in said action shall not be increased by said marriage.

SEC. 15. If several joint tenants, tenants in common or coparceners, be plaintiffs in such a suit, and pending the same one or more of them shall sell his interest in the premises alleged to be injured, to one or more of his cotenants, such action shall not thereby be abated, but the cause shall proceed to judgment with the same effect as if such conveyance had not been made.

SEC. 16. If there be several defendants in such a suit, and one or more of them die pending the same, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if such death had not occurred. And if there be but one defendant, and he die pending the same, his death shall not abate said action, if the devisees or heirs at law will come into court at the term next following the decease, and substitute their names as defendants, instead of the deceased.

SEC. 17. No person owning any dam, on any river, or stream of water, shall detain the natural stream thereof, at any one time, more than twelve hours out of twenty-four hours, except on Sundays, when he shall be requested by the owner of any dam within one mile below on the same stream to suffer the said natural run of said river or stream to pass his said dam.

An Act to redress misemployment of property given to certain Charitable Uses.

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It is enacted by the General Assembly, as follows:

SECTION 1. Whenever any real or personal property, or the use, issues or profits of any, have been or shall be given, limited, appointed and assigned by any person to and for the

relief of the poor, or the bringing up of children to learning, or for any other specific purpose, and have not been or shall not be employed according to the charitable intent of the giver and founder thereof, it shall and may be lawful for the town council of each town, within its respective jurisdiction, to inquire of and concerning the same; and of the abuses and breaches of trust, negligence, misemployment, not employing, concealing, defrauding and misconverting or misgovernment thereof, as often as it shall appear requisite and needful. SEC. 2. Said town council, after notice to the parties entrusted with any such real or personal property, may set down such orders, judgments and decrees in relation thereto as the exigency of the case may seem to require; which orders, judgments and decrees, not being contrary or repugnant to the orders, statutes and decrees of the donors or founders, shall stand firm and good, according to the tenor and purport thereof, and shall be executed by the sheriff accordingly; until the same be altered or undone by the supreme court of this state upon complaint of the party aggrieved made unto them. SEC. 3. Upon the finding of any breach of trust, negligence, misemployment, mismanagement or under renting any such property, judgments and executions shall be given forth by the said town council against the misemployers, mismanagers and misimprovers of the same, and the same shall be levied out of their estates; and for want of sufficient estate of theirs to be found to satisfy and pay the same, they shall be committed to jail until the same be satisfied and paid; and a just distribution thereof be made, according to the true intent and meaning of the donors or founders.

SEC. 4. It shall and may be lawful to and for any person aggrieved at any sentence, order, judgment or decree of any town council in any of the cases aforesaid, to appeal therefrom unto the supreme court; who are hereby empowered to alter, reverse or confirm such sentence, order or judgment of such town council, and to give a new and final judgment and determination in said case, as they shall think fit and agreeable to equity and good conscience, according to the true intent and meaning of the donors and founders thereof; and shall tax and award costs of suit as in suits in equity: provided always, that the party desiring an appeal from such town council to the supreme court do, the same day such order, sentence, judgment or decree is given, request that such his desire be entered in the records of said court, and within ten days after judgment give sufficient bond to said council with sufficient sureties to prosecute his appeal with effect,

and to stand and abide such final judgment as shall afterwards be given in said cause; or otherwise such person or persons shall lose his advantage of appeal as aforesaid; and in the meantime such sentence, order, judgment or decree of such town council shall be suspended and execution stayed thereupon, any thing in this act before contained to the contrary hereof in any wise notwithstanding.

SEC. 5. Nothing in this act shall be construed to deprive the supreme court of original jurisdiction over any such matter as is by this act placed within the jurisdiction of town councils.

SECTION

An Act for the relief of Insolvent Debtors.

SECTION

insolvent petitions and proceedings in

1. Petitions for insolvent act--by whom from decree of supreme court on to be preferred-to what courtswhen to be filed, and what exhibits to be filed therewith.

2. Supreme court may dispense with residence in the petitioner, in certain

cases.

3. Petitions may be filed in term time.
4. Supreme court to hear and determine
such petitions.

5. Petitioners to be strictly examined
under oath, and such examinations to
be recorded.

6. On receiving any petition proceedings for collection of debts may be stayed against the body and estate of the petitioner, or either, and he discharged from jail.

7. Further notice to creditors may be ordered, when court shall deem the same necessary.

8. When petition is granted, petitioner to make an assignment of his estate for benefit of his creditors.

9. Conveyances made by petitioners to children and others-void in certain cases, and persons receiving same subject to a penalty.

10. Assignees may be called to account, and dismissed by supreme court, and others appointed.

11. Duties of assignees under this act. 12. Same subject.

13. Appeal granted to general assembly

case of appeal.

14.

Same subject.

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It is enacted by the General Assembly, as follows:

SECTION 1. It shall be lawful for any inhabitant of this state, who shall have resided and been domiciled therein for the space of three years next preceding the preferring of his petition, and who is, or hereafter shall be insolvent, to prefer his petition for the benefit of this act to the supreme court,

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