§ 62.1-122. When court to refuse or grant leave; when granted, what termsimposed; rights of tenant on land crossed by canal.
If, on the report, or on other evidence, it appears to the court that bygranting such leave the mansion house of any person other than the applicanthimself, or the outhouses, yard, garden, or orchards thereto belonging, willbe overflowed or taken, or that the health of the neighbor will be annoyed,the leave shall not be granted. But if it shall not so appear, the courtshall then grant or refuse the leave, as may seem to it proper. If it begranted, the court shall lay the applicant under such terms and conditions asshall seem to it right. It shall, in particular, provide, that ordinarynavigation and the passage of fish shall not be obstructed, nor theconvenient crossing of the watercourse impeded; and where, under such leave,an existing mill, manufactory, machine, or engine is to be supplied withwater by a canal, the court shall prescribe a time within which the dam,whereby water had before been supplied, shall be abated, which time shall notbe more than one year from the completion of the canal. Whenever such leaveis granted, the tenant of any land through which any canal may be cut, maycross it with such fencing, and bridges, and erect such water gates as he mayfrom time to time deem necessary, not obstructing the passage of the water tothe mill, manufactory, machine, or engine.
§ 62.1-122. When court to refuse or grant leave; when granted, what termsimposed; rights of tenant on land crossed by canal.
If, on the report, or on other evidence, it appears to the court that bygranting such leave the mansion house of any person other than the applicanthimself, or the outhouses, yard, garden, or orchards thereto belonging, willbe overflowed or taken, or that the health of the neighbor will be annoyed,the leave shall not be granted. But if it shall not so appear, the courtshall then grant or refuse the leave, as may seem to it proper. If it begranted, the court shall lay the applicant under such terms and conditions asshall seem to it right. It shall, in particular, provide, that ordinarynavigation and the passage of fish shall not be obstructed, nor theconvenient crossing of the watercourse impeded; and where, under such leave,an existing mill, manufactory, machine, or engine is to be supplied withwater by a canal, the court shall prescribe a time within which the dam,whereby water had before been supplied, shall be abated, which time shall notbe more than one year from the completion of the canal. Whenever such leaveis granted, the tenant of any land through which any canal may be cut, maycross it with such fencing, and bridges, and erect such water gates as he mayfrom time to time deem necessary, not obstructing the passage of the water tothe mill, manufactory, machine, or engine.
§ 62.1-122. When court to refuse or grant leave; when granted, what termsimposed; rights of tenant on land crossed by canal.
If, on the report, or on other evidence, it appears to the court that bygranting such leave the mansion house of any person other than the applicanthimself, or the outhouses, yard, garden, or orchards thereto belonging, willbe overflowed or taken, or that the health of the neighbor will be annoyed,the leave shall not be granted. But if it shall not so appear, the courtshall then grant or refuse the leave, as may seem to it proper. If it begranted, the court shall lay the applicant under such terms and conditions asshall seem to it right. It shall, in particular, provide, that ordinarynavigation and the passage of fish shall not be obstructed, nor theconvenient crossing of the watercourse impeded; and where, under such leave,an existing mill, manufactory, machine, or engine is to be supplied withwater by a canal, the court shall prescribe a time within which the dam,whereby water had before been supplied, shall be abated, which time shall notbe more than one year from the completion of the canal. Whenever such leaveis granted, the tenant of any land through which any canal may be cut, maycross it with such fencing, and bridges, and erect such water gates as he mayfrom time to time deem necessary, not obstructing the passage of the water tothe mill, manufactory, machine, or engine.
