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Mill

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

1.

Mill, mill-dam, mill-privilege, mill-site, and like expressions, are construed to include land, buildings, and machinery or other fixtures necessary or useful to attain 1 Martin v. Mott, 13 Wheat. 38 (1887); Luther v. Borden, 7 How. 34 (1849); 8 Mass. 547.

2 Dunne v. People, 94 Dl. 120, 183 (1879), oases, Scott, Justice. s SeeE. S.Tit. XVL • Pressor v. Illinois, 116 U. S. 267 (1886), Woods, J. See generally 2 Story, Const. §§ 1199-1215, cases; 2 Bancroft, Const. 147-49; 1 Kent, 262-66, cases; Houston -u.

Moore, 5 Wheat. 12 (1820); 1 Kan. Law J. 261-66 (1885). the object proposed in the erection.! See Grant, 3; Toll, 2. • A statute of a State which authorizes any person to erect and maintain on his land a water mill and milldam upon and across any stream not navigable, paying to the owners of lands flowed damages assessed in a judicial proceeding, does not deprive such owners of their property without due process of law. The right to the use of running water is publici juris, and common to all the proprietors of the bed and banks of a stream. Each has a right to a reasonable use of the water as it flows past his land, not interfering with a like reasonable use by those above or below him. One reasonable use is the use of the power, inherent in the fall of the stream and the force of the current, to drive mills. That power cannot be used without dafnming up the water, and thereby causing it to flow back. If the water thus dammed up by one riparian proprietor spread over the land of others, they could at common law bring successive actions against him for the injury done them, or even have the dam abated. Before the Mill Acts, therefore, it was often impossible for a riparian proprietor to use the water-power at all, without the consent of those above him. The purpose of these statutes is to enable any riparian proprietor to erect a mill and use the water-power of the stream, provided he does not interfere with an earlier exercise by another of a like right or with any right of the public; and to substitute for the common-law remedies a new form of remedy by which any one whose land is flowed can have assessed, once for all, either in a gross sum or by way of annual damages, adequate compensation for the injury... General mill acts exist in some twenty or more States." See Aqua, Currit, etc.; NmsANCE; Water. Miller.

See Mechanic.

2.

The tenth of a cent.

See Coin; M, 2.