Time to build, &c. Remedy for injured persons. Commissioners. the use and ease of such as shall be customers to it: otherwise, the said land shall return to the person from whom it was taken, or to such other person as shall have his right, unless the time for finishing the mill, for reasons approved by the Court, be enlarged. (Revised Code, chapter seventyone, section four. SEC. 9. Time to build or repair water mill : If any water mill belonging to any person, not being of age, a married woman, or of unsound mind, or imprisoned, be let fall, burnt, or otherwise destroyed, such person and his heirs shall have three years to rebuild and repair the same, and any person under any disability aforesaid, shall have three years from the removal of the disability. (Revised Code, chapter seventy-one, section five. SEC. 10. Remedy for person injured by the erection of a mill: Any person conceiving himself injured by the erection of any grist mill, or mill for other useful purposes, may issue his summons returnable to the Superior Court of the County in which the endamaged land is situated, against the persons required to be made defendants by the Code of Civil Procedure. In his complaint he shall set forth in what respect he is injured by the erection of the mill, together with such other matters as may be necessary to entitle him to the relief demanded. All persons may be made defendants who are permitted by section sixty-one of the Code of Civil Procedure; the proceedings shall be as in other special proceedings, except where modified by the provisions of this chapter. SEC. 11. Court to appoint Commissioners: If, upon the hearing of the case, the Court shall adjudge the plaintiff entitled to relief, three Commissioners shall be appointed, as provided in section two of this chapter; they shall be subject to the provisions contained in section three of this chapter, and shall be sworn as prescribed in section four of this chapter. SEC. 12. Duty of Commissioners: view premises, &c. The said Commissioners shall view the premises alleged Commissioners to to be damaged, and the premises whereon is situated the mill by which the damage is alleged to be caused, and shall inquire, whether any damage hath been sustained by the plaintiff by reason of the matters complained of; and of the amount which the plaintiff ought annually to receive from the defendants on account thereof. They shall have power to summon witnesses, and to hear evidence; they shall put their report in writing, and return the same to the Court; the report may be excepted to, and the issues made upon the exceptions, whether of fact or law, shall be tried as other like issues are directed to be. A judgment giving to the plaintiff an annual sum by way of damages, shall be binding between the parties for five years from the issuing of the summons; if the mill is kept up during that time, unless the damages shall be increased by raising the water or otherwise. The judgment may be enforced as other judgments are. SEC. 13. Parties to be notified of meeting of Commissioners: fied. The parties in all the cases provided for in this chapter, Parties to be notishall be notified as is prescribed in other cases of notice, at least ten days before the meeting of the Commissioners of the time and place of meeting. SEC. 14. When yearly damages as high as twenty dollars: In all cases where the final judgment of the Court shall Yearly damages. assess the yearly damage of the plaintiff as high as twenty dollars, nothing in this chapter contained shall be construed to prevent the plaintiff, his heirs or assigns, from suing as heretofore, and in such case, the final judgment aforesaid shall be binding only for the year's damage preceding the issuing of the summons. Judgment. Pay of Commis sioner. Certain sections SEC. 15. If judgment against plaintiff, if for plaintiff : If the final judgment of the Court shall be that the plaintiff hath sustained no damage, he shall pay the costs of his proceeding; but if the final judgment shall be in favor of the plaintiff, he shall have execution against the defendant for one year's damage, preceding the issuing of the summons, and for all costs: Provided, That if the damage adjudged do not amount to five dollars, the plaintiff shall recover no more costs than damages. And if the defendant do not annually pay the plaintiff, his heirs, or assigns, before it falls due, the sum adjudged as the damages for that year, the plaintiff may sue out execution for the amount of the last year's damage, or any part thereof which may remain unpaid. SEC. 16. Each commissioner appointed under this chapter shall be entitled to two dollars per day to be paid and taxed as the other costs provided in this act. SEc. 17. Certain sections of chapter seventy-one Revised Sections two, three, four, five, eight, nine, ten, eleven, chapter 71, Revised twelve, thirteen, fourteen, fifteen and sixteen, of chapter seventy-one, of the Revised Code are hereby repealed. Code repealed. SEC. 18. When this act to go into effect: This act shall be in force from its ratification; but no rights vested, and no proceeding instituted before such ratification shall be affected hereby. Ratified the 10th day of April, A. D. 1869. Amendments to Code Civil Proce SECTION 1. The General Assembly of North Carolina do enact, That the Code of Civil Procedure be amended as dure. follows: Section one hundred and forty-four, page fifty-two, by adding as subdivision sixth, the following: 6. A minute docket, in which shall be entered a record. of all proceedings had in the Court during term, in the order in which they occur, and such other entries as the Judge of the District may direct to be made therein. SEC. 2. Section four hundred and ninety-eight, page one hundred and eighty-two, sub-division one, by inserting after the word "demanded," the words "exclusive of interest." Section 499. SEC. 3. Section four hundred and ninety-nine, page one Section 499. hundred and eighty-two, by adding the following words: "Unless the plaintiff shall remit the excess above two hundred dollars, and shall, at the time of filing his complaint, direct the Justice to make this entry: "The plaintiff in this action forgives and remits to the defendant all interest, and so much of the principal of this claim, as is in excess of two hundred dollars." SEC. 4. Section one hundred and forty-three, page fifty- Section 143. three, by adding the following words: "He shall be answerable for all records belonging to his office, and all papers filed in the Court, and they shall not be taken from his custody, unless by special order of the Court, or on the written consent of the Attorneys of Record of all the parties; but parties may at all times have copies upon paying the Clerk therefor." SEC. 5. Section five hundred and five, page one hundred Section 505. Section 428. Section 117. Section 113. Section 495. and eighty-seven, by inserting after the word "Constable," in line two, the words "or other lawful officer." SEC. 6. Section four hundred and twenty-eight, page one hundred and twenty-seven, by adding to it the following words: "The provision of section one hundred and fortyfive of the Code of Civil Procedure shall be applicable to the furnishing of the books of the Judge of Probate in each County." SEC. 7. Section one hundred and seventeen, by adding the following words: "Any Judge or Clerk of the Superior Court, Notary Public, or Justice of the Peace, shall be competent to take affidavits for the verification of pleadings, in any Court or County in the State, and for general purposes." SEC. 8. Section one hundred and thirteen, page fortythree, by adding the following words: "But no Judge shall be required to return any transcript, decision, or appeal, order made on motion or petition, or other matter to the Clerk, or another party, unless there shall have been forwarded to him sufficient money or stamps to defray the postage on said returns." SEC. 9. That section four hundred and ninety-five, by adding the following words: "A civil and criminal docket shall be furnished each Justice, at the expense of the County, as provided in section one hundred and forty-five of this Code for furnishing the books of the Clerk of the Superior Court, in which shall be entered a minute of every proceeding had in any action before such Justice." SEC. 10. This act shall be in force from and after its ratification. Ratified the 10th day of April, A. D. 1869. |