HENING'S STATUTES, VOLS. 5-13 (1738-1792)

MILLS

The assembly passed general laws regarding the building of mills and the clearing of passages for fish and boats, but it did not regulate or authorize the erection of specific mills as it did with ferries–apparently it was the county courts that had authority over the erection of specific mills. The general laws do not specify particular rivers, but there are some more specific laws pertaining to mills on individual rivers (none on the Potomac); these do not authorize the erection of specific mills but concern obstacles in the rivers.

Laws:

February 1745–19th George II, Chap. XI, (H5:359-62)

An Act, for amending an act, intituled, An act, for encouragement of building Water-Mills

This act does not refer to or regulate specific mills; it is a general law regarding mills. It provides a means for landowners on mill sites to obtain land on the opposite shore by petitioning the county court; it makes no provision for the Potomac in which opposite shore is in a different state.. It also requires that potential mill owners must petition the county court for permission before erecting a mill.

October 1748–22d George II, Chap. XXVI, (H6:55-60)

An Act concerning Water Mills

Similar to act of Feb. 1745 above; a general act that does not refer to specific rivers.

Art. VII. states that no mill shall hereafter be built without first petitioning the county court.

October 1748–22d George II, Chap. XXVIII (H6: 64-69)

An Act concerning Highways, Mill Dams, and Bridges

This act gives the county courts authority over the erection and maintenance of roads, bridges and dams; when the cross county lines the courts are to co-operate. It does not refer to specific rivers.

February 1759–32d George II, Chap. XXXII (H7:321-22)

An Act to oblige the owners of Mills, on the river Rappidan, to make opening or slopes in their mill-dams, for the passage of fish.

March 1761–1st George III, Chap. XIV (H7:409-10)

An Act to oblige the owners of mills, hedges, or stone-stops, on sundry rivers therein mentioned, to make openings or slopes therein for the passage of fish.

This act applies to the rivers Meherrin, Nottoway, and Appamattox.

March 1761–1st George III, Chap. XX (H7:419-23)

An Act for dividing the counties of Albemarle and Louisa, and parish of St. Anne, and for other purposes therein mentioned.

Art. X directs Allan Howard to pull down his mill on Rockfish river because the dam obstructs the passage of fish, and art. XI. prohibits the erection of any mill, dam, hedge or stops on the river, below the forks, in the future.

MILLS contd.

November 1762–2d George III, Chap. XVI (H7:590-94)

An Act to amend the act, entitled, an act to oblige the owners of mills, hedges or stone-stops, on sundry rivers therein-mentioned, to make openings or slopes therein, for the passage of fish, and for other purposes therein-mentioned.

This act applies to the rivers Meherrin, Nottoway, and Appamattox.

November 1762–2d George III, Chap. XL (H7:626-28)

An Act to empower Carter Henry Harrison, Gentleman, to build a mill on Willis's Creek, in the County of Cumberland.

Harrison wants to build a mill on Willis's creek, "but it is doubtful that he should thereby incur the penalties of the act of assembly for clearing rivers and creeks," this law authorized Harrison to build a mill and dam, but he has to build a slope for fish and a lock for boats.

November 1769–10th George III, Chap. XX (H8:361-62)

An act to oblige the owners of mills, hedges or stops, on the rivers therein mentioned, to make opening or slopes therein for the passage of fish.

Applies to the Rivanna and Hedgman rivers.

February 1772–12th George III, Chap. XXXIII (H8:581-83)

An act to amend an act, intituled An act to oblige the owner's of mills, hedges, or stops, on the rivers therein mentioned, to make openings or slopes therein for the passage of fish.

Applies to the Rivanna, Hedgeman and Rappahannock rivers.

October 1778–3d Commonwealth, Chap. XXXIX (H9:579)

An act to repeal the act intituled An act to oblige the owners of Mills on the river Rappidan to make openings or slopes in their mill dams for the passage of fish.

October 1785–10th Commonwealth, Chap. LXXXII (H12:187-90)

An act concerning mill-dams and other obstructions of water courses.

"When any person owning lands on one side of any water course, the bed whereof belongeth to himself, or to the commonwealth, and desiring to build a water gristmill on such lands, and to erect a dam across the same, for working the said mill, shall not himself have the fee-simple property in the lands on the opposite side thereof, against which he would abutt his said dam, he shall make application for a writ of ad quad damnum, to the court of the county wherein the lands proposed for the abuttment are . . . ." Potential mill owners who own the land on both sides of the run must still petition the county court first.

[Similar to the legislation passed back in 1745 and 1748. It's not clear how this act would apply to the Potomac; it does not mention specific rivers or indicate procedure if opposite lands lie in a different state.]

MILLS contd.

October 1786–11th Commonwealth, Chap. LXXIV (H12:362-63)

An act concerning mill-dams on the South Branch of Potowmack river.

Gives mill owners on "the South Branch of Potowmack river, from the mouth thereof upwards to the north fork,"further time to comply with the act of Oct. 1785, chap. XIX.

[Makes no mention of Maryland, but the South Branch was not the Potomac itself, but a tributary.]

October 1791–16th Commonwealth, Chap. XXXIII (H13:274)

An act concerning the slopes in the mill dams on the south branch of Patowmack river.

[The act does not mention Maryland, but the South Branch was not the Potomac itself, but a tributary.]