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 house or building that contains the machinery for grinding, etc. Webster.

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.

1. A machine or engine for grinding, sawing, manufacturing, etc.; also the building containing such machinery. State v. Livermore, 44 N. H. 387; Lambom v. Bell, 18 Colo. 346, 32 Pac. 989, 20 In R. A. 241; Home Mut. Ins. Co., v. Roe, 71 Wis. 33, 36 N. W. 594; Halpin v. Insurance Co., 120 N. Y. 73, 23 N. E. 989; Southwest Missouri Light Co., v. Scheurieh, 174 Mo. 235, 73 S. W. 496.
-Mill-holms. Low meadows and other fields In the vicinity of mills, or watery places about Mill-dams. Enc. Lond.

— Mill privilege. the right of A riparian proprietor to erect A Mill on his land and to use the power furnished by the stream for the purpose of operating the mill, with due regard to the rights of other owners above and below him on the stream. Gould v. Boston Duck Co., 13 Gray (Mass.) 452; Hutchinson v. Chase, 39 Me. 511, 63 Am. Dec. 645;' Moore v. Fletcher, 16 Me. 65, 33 Am. Dec. 633; Whitney v. Wheeler Cotton Mills, 151 Mass. 396, 24 N. E. 774, 7 In R. A. 613.

— Mill site. In general, a parcel of land on or contiguous to a water-course, suitable for the erection and operation of a mill operated by the power furnished by the stream. See Occum Co. v. Sprague Mfg. Co., 35 Conn. 512; Hasbrouct v. Vermilyea, 6 Cow. (N. Y.) 681; Mandeville v. Comstock, 9 Mich. 537. Specifically, in American mining law, a parcel of land constituting a portion of the public domain, located and claimed by the owner of a mining claim under the laws of the United States (or purchased by him from the government and patented,) not exceeding five acres in extent, not including any mineral land, not contiguous to the vein or lode, and occupied and used for the purpose of a mill or for other uses directly connected with the operation of the mine; or a similar parcel of land located and actually used for the purpose of a mill or reduction plant, but not by the owner of an existing mine nor in connection with any particular mining claim. See U. S. Rev. St. § 2337 (U. S. Comp. St. 1901, p. 1436.)
2. An American money of account, of the value of the tenth part of a cent.

Includes not merely the building in which the business is carried on, but the site, dam, and other things connected with the free- Minatur innocentlbns qni parcit nocentibus, nocent who spares the guilty.

A machine or engine for grinding, sawing, manufacturing, ete.; also the building containing such machinery. An American money of account, of the value of the tenth part of a cent.

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.

Under the word mill in a devise, the land under the mill, and adjacent thereto, so far as necessary to its use, and commonly used with it, will pass. Whitney V. Olney, 3 Mas. 280. itself, but all the machinery and fixtures therein necessary to make it a steam sawmill in all its parts. Bigler v. N. Y. Central Ins. Co., 20 Barf). 6-35. Mill-dam. Does not include a dam built at the outlet of a lake to raise the waters for purposes of navigation, although used to propel mills. Arimond v. Green Bay, &c. Canal Co., 35 Wis. 41. In a statute imposing taxes upon " mills and buildings used for manufacturing purposes," the word mills should be construed as including the machinery employed, and not as confined to the building alone; and the machinery should be included in the valuation. "Mill" may properly include machinery, and, indeed, is sometimes used of an engine or complicated machine considered by itself. Sprague v. Lisbon, 30 Conn. 18. Mill privilege. The words " mill privilege," or " the privilege of a mill," in a grant, are to be understood as meaning the land on which the mill and its appendages stand, and the land and water then actually and commonly used with the mill and necessary to the enjoyment thereof. Moore v. Fletcher, 16 Me. 63. Mill site. The grant of a " mill site " conveys a water-power, together with the right to maintain a dam, wherever such dam would be suitable for the convenient and beneficial appropriation of the water-power. Stackpole v. Curtis, 32 Me. 383.

estates. Mills are so very different and various, that it is not easy to give a definition of the term. They are used for the purpose of grinding and pulverising grainand other matters, toextract the Juices of vegetables, to make various articles of manufacture.. They take their names from the uses to which they are employed, hence we have paper-mills, fulling-mills, iron-mills, oil-mills, saw-mills, &c. In another respect their kinds are various; they are either fixed in the freehold or not. Those whichare a part of the freehold, are either water-mills, wind-mills, steam-mills, a&c.; those ‘which are not so fixed, are handmills, and are mere personal property. Those which are fixed, and make a part of the freehold, are buildings with machinery calculated to obtain the object proposed in their erection. It has been held that the grant ofa 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 Serge. & Rawle, 169;. and see 5 Serg. & Rawle, 107; 2 Caines’s Ca. 87; 10. Serg. & Rawle, 63; 1 Penna. R. 402; 3N. H. Rep. 190; 6 Greenl. R. 436; Ib. 154; 7 Mass. R. 6. 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. 3 Mass. R. 280. Vide 15 Vin. Ab. 398; Dane’s Ab. Index, h. t.