Mill

A complicated engine or machine for grinding and reducing to fine particles grain, fruit, or other substance, or for performing other operations by means of wheels and a circular motion. The building that contains the machinery for grinding, etc. Webster, Diet. It has been held that the grant of a mill and its appurtenances, even without the land, carries the whole right of water enjoyed by the grantor, as necessary to its use, and as a necessary incident; Cro. Jac. 121.. And a devise of a mill carries the land used with it, and the right to use the water; Washb. Easem. 52; Blaine’s Lessee v. Chambers, 1 S. & R. (Pa.) 169.

And see Wetmore v. White, 2 Caines, Cas. (N. Y.) 87, 2 Am. Dec. 323; New Ipswich W. L. Factory V. Batchelder, 3 N. H. 190, 14 Am. Dec. 346; Leonard v. White, 7 Mass. 6, 5 Am. Dec. 19.

The owner of a mill, whose dam and machinery are suited to the size and capacity of the stream, has a right to the reasonable use of the water to propel his machinery; but he must detain it no longe'l’ than is necessary for its profitable enjoyment, and must return it to its natural channel, before it passes upon the land of the proprietor below; Pool V. Lewis, 41 Ga. 162, 6 Am. Rep. 526. See Dam. A mill means not merely the building in which the business is carried on, but includes the site, the dam, and other things annexed to the freehold, necessary for its beneficial enjoyment; Gould, Waters § 307; Whitney V. Olney, 3 Mas. 280, Fed. Cas. No. 17,595; and a water power also when applied to a mill becomes a part of the mill, and is to be included in the valuation; Bellows Falls Whether manufacturing machinery will pass under the grant of a mill must depend mainly on the circumstances of each case; 3 Washb. R. P. 415; 1 Brod. & B. 506; Ewell, Flxt. 94. As between mortgagor and mortgagee, a sawmill and its appointments are prima facie part of the realty, if no intent is shown to change their character; Robertson V. Corsett, 39 Mich. 777. When an estate for years was by a conveyance to the lessee merged in the fee, it was held that machinery by him firmly annexed to the premises, did not, by operation of law and without intent on his part, become a part of the realty; Globe Marble Mills Co. v. Quinn, 76 N. Y. 23, 32 Am. Rep. 259. See Fixtubes; Dam.