Chapter 253

Section 52. One or more of the proprietors may call a meeting by a notice signed by the person or persons who call it, addressed to each of the other proprietors, stating that the mill, dam or appurtenances require repairs or rebuilding and that their attendance is requested at a…

Section 53. The notice shall be served by an officer qualified to serve civil process by delivering an attested copy thereof to each proprietor, or by leaving such copy at his last and usual place of abode, not less than seven nor more than thirty days before the day appointed fo…

Section 54. At such meeting, or at any adjournment thereof, the majority in interest of the proprietors of the mill may take measures to cause the mill or the dam or appurtenances thereof to be repaired or rebuilt, as they shall consider most for the interest of all concerned the…

Section 55. Each proprietor shall, upon demand, after the work is completed, pay to the proprietors by whom it has been advanced his just and equal part of the expense of such repair or rebuilding, in proportion to his share or interest in the mill, with interest from the time of…

Section 56. The proprietors who advance the money so expended shall have a lien therefor on the rents and profits of the mill and may retain so much thereof as belongs to any proprietor indebted to them for such advance, to be applied to the payment of his debt; or they may maint…

Section 57. The guardian of a proprietor may act for him in calling or attending a meeting of the proprietors, and may there vote and do all such other acts as the ward could do if competent to act.

Section 58. If part of the mill is held by a tenant for life or years, the amount due for the repairs and other expenses on that part of the mill shall be apportioned on the tenant for life or years and on the remainderman or reversioner in proportion to the value of their respec…

Section 59. A mortgagee in possession shall be considered a proprietor for the purposes of this chapter; but if the action is brought against the mortgagor before his right of redemption has been foreclosed, he shall also be liable for all amounts so due on account of his share o…

Section 60. A tenant in tail of a part of a mill shall, for the purposes of this chapter, be considered the proprietor thereof in fee simple.

Section 61. All amounts due from one or more proprietors to another for money advanced under this chapter may be recovered in a civil action. The amount so recovered shall be apportioned by the court among the plaintiffs, if more than one, according to their respective rights.

Section 62. This chapter shall not affect any contract or agreement by or between the proprietors of a mill as to the repair or rebuilding thereof.

Section 7. Such action shall be tried by a jury and, if either party requires it, the jury shall, under the direction of the court, view the land alleged to be injured.

Section 8. If the jury finds that the plaintiff has suffered the injury complained of it shall assess the amount of damages sustained within three years last preceding the commencement of the action and to the date of their verdict, taking into consideration any damage caused by …

Section 9. If it is alleged in the plaintiff's complaint that the dam has been raised to an unreasonable height, or that it ought not to be kept up and closed during the whole year, the jury shall determine by their verdict how much, if at all, the dam shall be lowered and whethe…