254 BOARD OF AGRICULTURE. 



By the statutes of Massachusetts, any person may erect and maintain 

 a water-mill, and dam to raise water for working it, upon and across any 

 stream that is not navigable, provided he does not interfere with existing 

 mills. Any person, whose land is overflowed, may, on complaint, have a 

 trial and a verdict of a jury ; which may fix the height of the dam, de- 

 cide whether it shall be left open any part of the year, and fix compensa- 

 tion, either annual or in gross, for the injury. All other remedies for 

 such flowage are taken away, and thus the land of the owner may be 

 converted into a mill-pond against his consent. 



We find nothing in the Massachusetts statutes which gives to land- 

 owners, desirous of improving their wet lands, any power to interfere in 

 any way w-ith the rights of mill-owners, for the drainage of lands. The 

 statutes of the Commonwealth, however, make liberal and stringent pro- 

 visions for compelling unwilling owners to contribute to the drainage of 

 >wet lands. 



For the convenience of those who may be desirous of procuring legis- 

 ilation on this subject, we will give a brief abstract of the leading statute 

 ■of Massachusetts regulating this matter. It may be found in chapter 

 115 of the Revised Statutes, of 183G. The first section explains the 

 •general object. 



^' When any meadow, swamp, marsh, beach, or other low land shall be 

 iheld by several proprietors, and it shall be necessary or useful to drain 

 or flow the same, or to remove obstructions in rivers or streams leading 

 therefrom, such improvements may be effected, under the direction of 

 commissioners, in the manner provided in this chapter." 



The statute provides that the proprietors, or a greater part of them in 

 interest, may apply, by petition, to the court of common pleas, setting 

 forth the proposed improvements, and for notice to the propi'ietors who 

 ■ do not join in the petition, and for a hearing. The court may then ap- 

 point three, five, or seven commissioners to cause the improvements to be 

 ■effected. The commissioners are authorized to "cause dams or dikes to 

 ■he erected on the premises, at such places, and in such manner as they 

 shall direct ; and may order the land to be flowed thereby, for such 

 periods of each year as they shall tliink most benclicial, and also cause 

 • ditches to be opened on the premises, and obstructions in any rivers or 

 streams leading therefrom to be removed." 



Provision is made for assessment of the expenses of the improvements, 

 upon all the proprietors, according to the benefit each will derive from it, 

 and for the collection of the amount assessed. 



"When the commissioners shall find it necessary or expedient to re- 

 duce or raise the waters, for the purpose of obtaining a view of the 

 premises, or for the more convenient or exjjeditious removal of obstruc- 

 tions therein, they may open the flood-gates of any mill, or make other 



