Writ of Adquod Damnum:  John Hight, 1845
Source:  Nelson County Will Book G, Page 98
Contributed by:  Sylvia Ray (SylviaCamdenRay@aol.com)
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The Commonwealth of Virginia, To the Sheriff of Nelson County, Greetings.  Whereas, at a 
Court held for Nelson County at the Courthouse on the 24th day of February 1845, in the 
petition of John Hight who intends to erect a water grist mill and other water works on 
his lands in the County on Tye River which will abut on the lands of Samuel Harris on the 
opposite shore, and it appearing to the satisfaction of the Court that James Miller, agent 
for the said Samuel Harris, hath had legal notice of this application, he was solemnly 
called but came not.  Therefore it is ordered that a writ of ad quod damnum be issued 
directed to the Sheriff of this County commanding him to summon and impanel twelve fit and 
proper persons in no way related to either of the parties to meet upon the lands so 
proposed for the abutment on Saturday the 15th day of March next who shall be charged by 
the said Sheriff impartially, to the best of his skill and judgment, to view the said lands 
so proposed for the abutment and to locate and circumscribe by certain metes and bounds on 
acres thereof having due regard therein to the interests of both parties and to appraise the 
same according to its true value, to examine the lands above and below of the property of 
others which may probably be overflowed and say to what damage it will be of to the several 
properties and whether the mansion house of any such proprietor or the offices, curtilages 
or garden thereunto immediately belonging, or orchards will be overflowed, to inquire whether 
and in what degree, fish of passage, and ordinary navigation will be obstructed whether by 
any and by 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 to be made and sealed by the said Jurors together with the said writ, to be returned by 
the said Sheriff to the next Court.  Witness Spottswood Garland, Clerk of our said Court at 
the Courthouse the 28th day of February 1845.

                                                   Sp. Garland, Clk

We the Jury find no damages under the present condition of the dam now raised and is to be 
raised no higher.  Given from under our hands and seals this 15th day of March 1845.
(Signed)  Charles O. Patterson  {seal}, Royal McCaul {seal}, Stephen R. Evans {seal}, 
George H. Mitchell  {seal}, George Jones  {seal}, Samuel Stevens  {seal}, Wiatt Jones  {seal}, 
Nathaniel R. Powell {seal}, P. J. Hill  {seal}, Peter C. Coffey  {seal}, Samuel Gay  {seal}, 
R. C. Jones  {seal}, John J. Mitchell for William Massie, Sheriff, Nelson County.

At a Court held for Nelson County the 24th day of March 1845.
This Inquisition was this day returned in Court and ordered to be recorded, and on motion 
of the petitioner John Hight leave is granted him to erect the mill and dam as prayed for.

                                        Teste:	
                                               Spottswood Garland, Clk, Nelson County

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