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any officer or soldier while on duty, or encroach upon any parade ground, the commanding officer of such company, or corps, or board, may cause him to be arrested and carried before a justice of the peace, who may fine any such offender a sum not exceeding ten dollars.
SEC. 24. The board mentioned in section ten of chapter fourteen may prescribe all regulations not herein provided, necessary for an efficient organization of the uniformed militia, provided the same are not inconsistent with the laws of the United States or of this District.
SECTION 1. All fences five feet high, and in good repair, and all rivers, creeks, ditches, and hedges equivalent thereto, shall be deemed lawful fences.
SEC. 2. The respective occupants of lands enclosed with fences shall keep up and maintain partition fences between their own and the next adjoining enclosures, in equal shares, so long as both parties continue to improve or use the same, unless otherwise agreed between them.
SEC. 3. If the owner or occupant of any land shall have made a fence upon the line dividing said land from the adjoining land of another person, and the latter person shall desire to use the said fence, or any part thereof as part of his enclosure, it shall not be lawful for him so to do, or to join his fence thereto, until he shall have paid to the other party one-half the value of such fence at the time he shall so wish to use the same, or one-half the value of so much thereof as he shall so wish to use. If the parties cannot agree as to such value, each
party may choose an arbitrator, and, if necessary, such arbitrators may choose a third disinterested party, and the award of any two of them, ascertaining the value, and designating what part of said fence shall belong to the party desiring to use the same, shall be final. If said party desiring to use such fence shall use the same without paying therefor what is properly due from him, the other party may recover such sum by action.
SEC. 4. When any party shall cease to improve or use his land, or shall lay open his enclosure, he shall not take away any part of a fence which forms a partition fence between him and the enclosure of any other person, if the owner or occupant thereof will pay to such party the reasonable value of so much of said partition fence as belongs to him.
SEC. 5. If any domestic animal shall break into any grounds enclosed by a lawful fence, the owner of any such animal shall be liable to the owner or occupant of any such grounds for any damages sustained; and for every succeeding trespass as aforesaid by such animal, the owner thereof shall be liable for double damages. And after having given at least five days' notice to the owner of said animal, or to the agent of such owner, of the fact of two previous trespasses, the owner or occupier of such grounds shall be entitled to such animal if it be found again trespassing as aforesaid on such grounds.
SEC. 6. If any person, without permission of the owner, but not feloniously, shall take away any boat or other vessel; or shall take up any horse, mare, or gelding, not trespassing as aforesaid, or estray, shall forfeit to the owner ten dollars, and also be liable to an action for damages.
SEC. 7. No swine, goat, or goose, or other domestic fowl, shall be suffered to go at large; any person may kill, or cause to be killed, any such animal coming without his consent upon his premises.
SECTION 1. When any person owning lands on one side of and adjoining any water course, the bed whereof, in whole or in part, belongs to him, desires to build a mill, or other machine useful to the public, on such land, and to erect a dam across or in such water course, for working said mill, or other machine, if he shall not own the land on the opposite side against which he would abut his dam, he may make application to the circuit court, having given ten days' notice to the proprietor thereof, if he be found in this District, or to his agent therein, if any he has, for a commission to three disinterested freeholders, to examine the land proposed for the abutment; to locate one acre thereof, and appraise the same at its true value; to examine the lands above and below, being the property of other persons than the applicant, which may probably be overflowed, and to say what damage the several proprietors will suffer, and whether the dwelling-house of any such proprietor, or the outhouses, yard, garden, or orchards belonging thereto, will be overflowed or taken; and to inquire whether, and in what degree, ordinary navigation and the passage of fish will be obstructed; whether and by what means. such obstruction may be prevented; and whether, in their opinion,
the health of the neighborhood will be injured by the stagnation of the waters, or otherwise.
SEC. 2. Such commission shall be issued and executed accordingly, the commissioners having first each taken an oath to execute and return the same, with a true report of their proceedings thereon, to the circuit court, and having given reasonable notice to all parties interested of the time when they would proceed to execute the same.
SEC. 3. Upon the return of such commission, the circuit court shall direct all the parties interested to be summoned to show cause, if any they should have, why the party applying therefor should not have leave to build the said mill, or machine, and dam, and to have condemnation of said acre of land.
SEC. 4. In like manner, if the person proposing to build such mill, or machine, and dam, shall own the land on both sides of such water course, application shall be made to the circuit court for a like commission, except as to the location and appraisement of the acre of land for an abutment; which commission shall be issued, executed, returned, and proceeded upon as aforesaid.
SEC. 5. If, upon the report of the commissioners, or by other evidence, it should appear to the circuit court that the dwelling-house of any person other than the applicant, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken, or that the health of the neighbors will be injured, the said court shall not give leave to build said mill, or machine, and dam. But if it should not so appear, the said court shall then grant or refuse the leave as may seem to it proper. If it be granted, the said cou shall lay the applicant under such terms and conditions as shall seem to it right.
SEC. 6. The applicant to whom any such leave may be granted shall, upon paying to the several parties entitled thereto the compensation so ascertained, become seized in fee simple of the acre of land so located, and be authorized to proceed according to such leave.
SEC. 7. No person shall, by means of any such leave, draw the water from any mill pond of another, existing at the time of such leave, or do any thing in conflict with any vested right in any water works erected on such water course.
SEC. 8. If the applicant shall not begin his work within one year, and so far finish it within three years, after such leave, as then to
have his mill or machine in good condition for use, or if such mill or machine be at any time destroyed or rendered unfit for use, and the rebuilding or repair thereof shall not, within two years from the time of such destruction or unfitness, be commenced, and within four years from that time be so far finished as then to be in good condition for use, the title to the acre of land so located shall revert to the former owner, his heirs, and assigns, and the leave so granted shall then be in force no longer; unless, at the time of such destruction or unfitness, the owner thereof be an infant, married woman, in prison, or an insane person, in which case he shall be allowed the same terms for beginning and putting in condition for use such mill or machine, after any such disability is removed; and if such mill or machine, at the time of such destruction or unfitness, be in the possession of a tenant for life or years, other than the applicant, the person next entitled in remainder or reversion shall be allowed the same terms for beginning and completing the said mill or machine, after the determination, of the said tenancy.
SEC. 9. The proceedings upon the said commission, however, shall not bar any prosecution or action which could have been maintained if this chapter had not been enacted, unless the prosecution or action be for an injury actually foreseen and estimated by said commissioners.
SEC. 10. When any owner of a mill or machine heretofore established, or hereafter to be established according to law, may think it necessary to raise his dam, the circuit court shall, upon application, issue a commission to value the damage which may be done thereby, under the regulations herein before directed.
SEC. 11. At every mill which grinds grain, there shall be well and sufficiently ground all grain brought to the mill, for the consumption, when ground, of the person bringing or sending it, or his family, and in due turn as the same is brought; and there shall not be taken for the toll more than one-eighth part of any grain of which the remaining part is ground into meal, nor more than one-sixteenth part of any grain of which the remaining part is ground into hominy or malt. If at any mill there be a violation of this section, in any respect, the proprietor thereof shall, for every such violation, forfeit to the party injured five dollars: provided, however, that the proprietor shall not be obliged to run more than one pair of stones to grind grain brought to his mill for the consumption of the persons bringing or sending it,