INQUEST: Hodson's Mill Site, 1843 - Owen County, KY

Inquest re: Andrew Hodson’s proposed mill on Cedar Creek 
transcribed from Owen County, Kentucky Historical Society Collections
Road Surveys and Mills

The Commonwealth of Kentucky to the Sheriff of Owen County, Greeting. We
command you to summon twelve fit persons to meet on the 22nd day of the
present month July 1843 on the lands of Andrew J. Hodson on Cedar Creek
at the mouth of Clarks Creek where the said Hodson intends to erect a
water grist mill and the freeholders so empanelled said sheriff shall
charge impartially and to the best of their skill and judgment to view
and (examine?) the lands above and below the property and lands of
others which will probably overflow and say to what damage it will be of
to the several proprietors and whether the mansion house of of any such
proprietor or proprietors or the offices, buildings, or gardens
thereabouts thereunto immediately belonging will be overflowed, to
inquire whether and in what degree fish of passage or ordinary
navigation will be obstructed whether any or what means such obstruction
may be prevented and whether in their opinion the health of the
neighborhood will be annoyed by the stagnation of the waters. And the
inquest so made and sealed by the jurors together with this court
(?.....illegible, word referring to this court document and legal
instrument.....) you shall return to our next county court, witness N.M.
Bacon, Clerk of our said court at the courthouse aforesaid this 18th day
of July 1843 and 52nd year of the Commonwealth.

                                   N.M. Bacon, Clerk
_________________________________________________________________________

Commonwealth vs. Hodson
September County Court, 1843, Owen
executed 22nd July 1843 by summoning a jury and inquest herein enclosed.
                                   H.H. Calvert, D.S
                                    for Jacob H. Smith, S.C.

We the undersigned jurors having been summoned and empan’d by the
Sheriff of Owen County under a writ of adquadamium (?) which issued from
the clerk’s office on 18th day of July 1843 of the county court of Owen
in favor of Andrew J. Hodson, having been summoned as aforesaid to go
and inspect (?) the ground where the said Hodson intends to erect a
water grist mill on Cedar Creek at the mouth of Clarks Creek and also
abutment and dam across Cedar Creek after having been duly qualified by
the said Sheriff and by him charged as the law directs to view (?) the
land above and below where the said abutment and dam is to be erected
the property of others which may probably be overflowed by said dam and
to say to what damage it will be to the several proprietors & etc. the
said Andrew J. Hodson and William Hodson owning the land on both sides
of said creek and have the jurors to assess the damages to William
Hodson five dollars for one acre of land on Cedar Creek and having the
fee simple right in and to the land of Cedar Creek where said dam and
abutment is to be erected we the jurors as aforesaid having been charged
by the aforesaid Sheriff to view (?) the land above and below where the
said abutment and dam is to be erected and are of the opinion that the
several proprietors will not sustain any damage from the overflowing of
the water from said dam and also having been charged by said Sheriff to
say whether the mansion house of of any such proprietors or the offices,
buildings, or gardens thereunto immediately belonging or orchards will
be overflowed, to inquire within and in what degree fish of passage or
ordinary navigations will be obstructed and whether the health of the
neighbors will be annoyed by the stagnation of the water. After making
the examination as charged by the Sheriff aforesaid we are of opinion
that the mansion houses or office or buildings or gardens or orchards of
the several proprietors will not be overflowed or that the fish of
passage or ordinary navigation will not be obstructed nor the health of
the neighbors will not be annoyed by the overflowing of the water that
will ensue from the erection of the aforesaid abutment and dam across
Cedar Creek. Given under our hand and seal this 22nd day of July 1843.   
     
     Wm. Crivand (?)(seal)         Wm. Barr       (seal)
     S.B. Calvert   (seal)         Wm. Montgomery (seal)
     S. Arnold      (seal)         Wm. Sanford    (seal)
     John H. Smith  (seal)         David Sawler   (seal)
     H.H. Ford      (seal)         Thomas Sanders (seal)
     John Scrimsher (seal)         Thom. D. Harner(seal)         


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