Evidence for Plaintiffs.

Collin Hart, of the town of Douglas, being sworn and examined, saith — I reside in Douglas and carry on the business of a grocer. I have looked at the lease marked A; the same was executed by the parties there to in my presence, and in presence of Wm. Moore; and a memorandum marked B was executed by the parties thereto in presence of Deponent. Since the execution of the said lease and memorandum, the Plaintiffs have been in possession of Ballaughton Mill as tenants thereof, and are still in possession thereof. Collin Hart.

Admission. — Defendant admits that the notice marked C is the notice which was served on the Defendant. L. Craige, for Defendant.

Samuel Harris of the town of Douglas, advocate being sworn and examined, saith - I am agent for the Proprietor of the lands upon which the mill-dam in the pleadings mentioned, and the mill connected therewith are situate. Defendant is now in possession of those premises as tenant, and has been in possession for the last ten years; and previous to Defendant's tenancy the Defendant's father occupied the said premises, to my know ledge, since 1838 up to the time of his death; but he occupied the premises long previously.

[6] Cross-examined, saith — The Defendant and his father carried on business together with respect to the working of the said mill for many years previous to the death of Defendant's father. Samuel Harris

Mathias Curghy, of the parish of Braddan, yeoman, being sworn and examined saith - I was for many years the serjeant for the Bishop's Barony. I was sworn serjeant in 1806. I know the mill now in the possession of the Plaintiffs, called Ballaughton Mill. It is an ancient mill — a very ancient mill. It is upon the quarter land of Ballafletcher, I was serjeant for the twenty-three years. I received the water rent for Ballaughton Mill during that time. The water rent was six shillings and sevenpence-halfpenny. When I first knew the said mill it belonged to Norris Moore ; before that it belonged to Captain Edward Fletcher. I remember it at one time it belonged to the Duke of Atholl; I received the rent of it at that time. I remember the mill since I was a child. I am now seventy-three years of age, and I, as holder of Ballacreggan, was one of the mill tenants. When I first knew the mill I remember the Bright River, and the watercourse running out of it through the Port-e-Chee Claddagh, and to the Plaintiffs' mill, It is in the same position now as when I first knew it, with the exception of a little alteration at the entrance, and the Duke of Atholl having straightened the course through Port-e-Chee Claddagh ; and from the time that I so first recollect it, I have seen it used by the tenants of the mill. In the year 1817 I was coroner of Middle Sheading. I know the property on which is the mill and mill-dam in the occupation of the Defendant. I sold a tuck-mill higher up, but close to the land on which the present mill-dam now stands in the occupation of Defendant. The tuck-mill was on what is now Castle-ward. There was not any dam then on the Defendant's premises, or any vestige of a dam. There was some bleaching-ground then at Tromode, but whether there was a mill or not I cannot tell. There was no mill-dam to the tuck-mill that I sold, but the mill-race was a little wider just above the mill where it could be stopped, but nothing to be compared to the present mill-dam in size. I do not know whether the said tuck-mill is standing now or not. That part of the mill-race above the tuck-mill which I have described as a little wider could contain very little water. And the water ran regularly without any stoppage. I did not see at that time a vestige of any kind of dam upon the property now held by the Defendant.

Cross-examined, saith — I know the Glass River; it rans by Tromode. I know the River Dhoo; it runs past Kirby to the Ballaughton Mill. The rivers Dhoo and Glass join together below Plaintiffs' mill. The said watercourse through Port-e-Chee meadow, from the Glass, flows into the main stream of the Dhoo some distance above Plaintiffs' mill. That watercourse works on Port-e-Chee grounds a thrashing-mill close to the Bright River, on the top of Port-e-Chee Meadow. The premises held by the Defendant are not Bishop's lands. I was never upon the premises sold by me in 1817 since that time till the other day, when the Jury of View were on the premises. I went up and down the premises when I made the appraisement previously to the sale in 1817. And on the day of the Jury I did not go on the premises which I had sold. I did know the flax mills, which I sold in 1817, before that time, and I used to go there with flax. I know Mr. Lewin's mill called Mullen-e-Corran. The tuck-mill I sold was rather more than half-way up between the Defendant's mill and Lewin's mill. On the day of the auction I walked up and down the claddagh, and I believe I walked over the ground where the Defendant's mill-dam now stands. And the claddagh belonging to the mill which I then sold was close to, if it did not join, the ground upon which the dam now stands. I do not know whether Tromode Mill is an ancient mill or not. I believe that the Defendant's father occupied the mill now in Defendant's possession in 1817. I have reason for saying that Ballaughton Mill is an ancient mill, because I have always heard so; and we were not allowed to take our corn to any other mill. I understood so, because the miller told my father that if he went to another mill he would make him pay the Mulct here. Since I have known Ballaughton Mill it has been altered ; it does not stand exactly on the same ground that the ancient mill did, but upon the same level as the mill-race. I never understood that there was an alteration in the Plaintiffs mill before I knew it. The tuck-mill that I sold upon the Glass River went by the name of Cottier's Mill.

By the Court — The present Ballaughton Mill stands a few yards higher than the old mill.

Re-examined, saith — During the existance of the second mill which was burnt, the old mill was used as a stable. The present mill stands just upon the same spot as the mill that was burnt. The old mill was burnt about twenty years ago. Before it was burnt down it was standing about fifteen years. I now remember that the mill that was burnt was built about 1812. I cannot exactly say when it was burnt. The water that the watercourse in question takes from the Bright River falls into the Black River above the Plaintiffs' Mill. In the summer time, when the water is scarce, the said mill-race takes the whole of the water of the Bright River to the Plaintiffs' mill, because I have seen the bed of the river dry below the mill-race. The said thrashing mill has been built about fifteen years. The said thrashing-mill stands within about twenty or thirty yards from the main river, the Bright River. And the tail-race from that thrashing-mill might have been brought back to join the main river. The thrashing-mill stands higher up than the bed of the Bright River, and there would have been no difficulty in bringing the tail-race to it.

By a Juror—The tenants of Ballaughton Mill, if there was any breakage in the mill-dam or mill-race would be compelled to make it good, and witness has done so himself. They were in the habit of goimg up in the summer time to the dam-head, to put sods there, in order to secure the whole of the water. The miller of the mill would call upon us to do it, who were the tenants of the mill. I do not know of any limitation as to the height of water that could be conveyed to the mill-race. I have repaired the dam-head myself at one place by putting in sods in the holes to prevent the escape of the water. There was no obstruction to any amount of water going in the mill-race, There was no sluice at the entrance of the watercourse, The Ballaughton [7] Mill ie in the parish of Braddan, The mill-dam complained of is in the parish of Conchan and the Defendant's residence is in the parish of Braddan, The Bright River is the boundary between the two parishes.

John Jefferson, of the town of Douglas surveyor, being sworn and examined saith - I am a surveyor. The plan marked D was made by me from an actual survey made by me of the premises. That plan represents correctly the course of the Bright River, and the situation of the Plaintiffs' and Defendant's premises, and the mill-races, dam-heads, and dam. I am acquainted with the premises myself.

By a Juror—On the 25th of June, when I was at the dam-head, between twelve and two o'clock, very little water went over the dam-head B, scarcely perceptible; but within half an hour after more went over because I thought they let it off above.

Cross-examined, saith — There was a leakage in the dam-head at the letter B in said plan at the time I before referred to.

Re-examined, saith — The Defendant's dam, when quite full, contains 157,274 cubic feet of water.

Re-cross-examined — If there is more than that quantity the water would flow over the sluice-board and part of the bank.

By a Juror — And when the dam is full the plot marked waste land would be partially covered. Jno. Jefferson.

Robert Oates, of the parish of Braddan, miller, being sworn and examined, saith — I am seventy-six years of age. I know the Ballaughton Mill. I have known it since I was a boy. I remember the mill-race that runs from the Bright River through Port-e-Chee Claddagh to the Black River, and then to Plaintiffs' mill, and have known it for fifty years. During all the time that I remember the said mill-race it was used for the Plaintiffs' mill. The last time I was on Defendant's premises was about fifty years ago; there was no dam there then. My memory goes back sixty years. I know the tuck-mill, called Cottier's Mill, well enough. I was bred and born in that neighbourhood. There was no dam belonging to that mill; nothing but just stopping the water in that race. I have frequently gone up and down between the said tuck-mill and Mr. Moore's mill; there was not any dam about there. Robert Oates.

John Gelling, of the parish of Lonan, miller, being sworn and examined, saith — I know Ballaughton Mill. I was born there. I am fifty-five years of age. I lived at the said mill till I was thirteen or fourteen years of age. When I left that mill I then went to Baldwin. I lived there for some years; and then went to Mullin-e Corran ; I then went to Kirk German, where I remained in the teens of years, and then I came back to Ballaughton. I know the mill-race that runs from the Bright River through Port-e-Chee Claddagh to the Black River, and then to the Plaintiffs' mill; and during all the time I was a boy it was used for the purposes of the said mill. I would be going with my father to the dam-head, at the top of Port-e-Chee, and sodding the dam head to send more water down the race. There was a sluice-board at the dam-head, and we would be turning the water on and letting it off as we pleased, and the gentleman who was then living at Port-e-Chee used to help us, and he has sent his men to help us. And the gentleman sometimes would be cleaning it, because his cattle would be going through and damaging the sides. In the summer time we would be using all the water of the Bright River except the leakage. During all the time we used it we might use as much as we liked; there was no restriction as to quantity we used. I have seen a dam at the Defendant's premises in the teens of years ago. I have not seen the present dam that I know of. It is about thirty years ago since I was at Mullin-e-Corran. There was no mill-dam on Defendant's premises at that time that I know of. I was passing and repassing often. It is about four or five years ago since I came back to Ballaughton Mill. The Plaintiffs were then working the said mills. When I came back to Ballaughton Mill I observed a difference, that the water would be stopped regular every night in the summer season. I would have to stop the mill from nine to half-past nine at night until three or four in the morning, which was not used to be the case when I was there before. I was night man at the mill when with the Plaintiffs. I could, during the night, grind nine or ten bolls of wheat if the water came regularly as it used to do, whereas I could only grind about a bushel. I have known the water wasting by flowing over the dam-head in summer. I have known the people at Port-e-Chee preventing us from taking the water into the sluice by taking the sods off the dam which Plaintiffs' men had put on. I have not seen this done myself, but I have seen it after it was done. I cannot tell but that it might have been the water from the Defendant's dam when let off that swept the sods off. When they would be letting off the water at Defendant's dam in the mornings it would be running over the dam-head mstead of going down the mill-race, but it would not have run over if it had come regularly through the night.

Cross-examined, saith — I do not remember that I did swear to-day that there was a dam in Defendant's premises. When I was at Mullin-e-Corran I saw nothing of a dam on Defendant's premises. My father had a regular miller besides himself in the summer time, but this miller assisted my father in working a piece of land which he held. There were two men, or thre men, often working with him in the mill together, and sometimes some extra help. We had one pair of stones then. I believe the mill-race in Port-e-Chee Claddagh is the same now as what it was then. The present, mill-race from the Black River to the mill is in the same position as it used to be. The old race was deeper than it is at present, and the present race is wider from a [8] yard to two yards, When I came back to Mr. Cowin's mill there were four or five millers and six pairs of stones. The old mill took a great quantity of water to drive it. If the old mill was in now it would take all the water that is in to drive it. And the present wheel would not take more water than the old one to drive it with one pair of stones. Formerly, when I was there, it never stopped for want of water. The mill took all the water that there was. My father did not grind wheat in the mill; he ground barley and oats. He ground both barley and oats with ihe same stones. When it was required, my father worked night and day. When I was at Ballaughton Mill for the Plaintiffs they worked night and day, and a regular relay of millers for that purpose I know the last mill, and I know the present mill. During my father's time the mill required all the water. It would require more power to work the present mill than the old one. I never knew my father bo ask the Port-e-Chee people for leave to regulate the sluice. I never knew either of the Plaintiffs to put sods on the dam-head in the Black River that I know of. There was a small dam at Baldwin Mill about three yards wide, By that I mean that the mill-race was made a little wider — about three yards wider.

Re-examined, saith — I think there were four pairs of stones in the mill that was burnt down. Between the dam-head, the Black River, and the mill, I think the race was a little wider; because I was night man, I was working during the night and sleeping during the day. John Gelling

Thomas Gelling, of the parish of Maughold, miller, being sworn and examined saith - I know the Ballaughton Mill. I was three years there; this was twenty-four or twenty-five years ago from the year 1831 There were five pairs of stones there. During all the time I was there we used the mill race running through Port-e-Chee Claddagh for the purposes of our mill without hindrance from any one ; we were allowed to take as much water as we liked ; there was no dispute. The water at that time, I believe, was running night and day; I never heard any grumbling about it. I do not remember any damming that stopped the water from coming to us. We used all the water we could get. There was sometimes some to spare. We were grinding day and night. The same amount of water would do more work in the night time than in the day. It is reckoned to a run sharper in the night. I know the dam-head on the top of Port-e-Chee. We would be putting sods there a when the water was running over. We would be doing the same with the dam-head on the Black River.

By a Juror—There was no sluice to obstruct the water at the Port-e-Chee dam in my time. Thomas Gelling.

Robert Kay, of the town of Douglas, labourer, being sworn and examined, saith — I am seventy-two years of age. I know the Ballaughton Mill. I have known it since I was a boy. I have known the mill-race that runs from the Bright River through the Port-e-Chee Claddagh to the Black River, and then to the Plaintiffs' mill. I have seen the Defendant's dam from the hill above it. I remember a time when that dam was not there. There was a dam-head across the river before this dam was made. It was somewhere near where the a dam is. It was only to turn the water into the mill-race, but not to dam the water up. I can go back about sixty years. Robert Kay.

William Kelly, of the Strang, blacksmith, being sworn and examined, saith — I know the present dam of the Defendant up at Tromode. I was well acquainted with Tromode premises for five years. I worked for Mr. Henry Moore many a year, and I was in the habit of passing to and from my work from the year Eighteen hundred and thirty. When I so left in November, in the year Eighteen hundred and thirty four, the present dam was not there, nor was there any dam there except what I at see at every mill when they put the boards down at the bottom of the race, and the water is backed in the race. I am quite certain there was no other dam there — nothing but the dam-head. The water was then running through Mr Moore's work. There was no other stoppage, except the boards before mentioned The reason I am certain about the date is, that I had a boy that died on the 11th of March, Eighteen hundred and thirty-four, and another son born on 3rd of March, Eighteen hundred and thirty-five ; and it was in the November between the said two dates that I left Tromode.

Cross-examined, saith — I cannot remember any tuck-mill on the Ballabeg side of the river. When I left in November, Eighteen hundred and thirty-four, the dam now in question was near the premises in the following year, Eighteen hundred and thirty-five. I saw the dam then. I cannot say whether it was finished or not. In November Eighteen hundred and thirty-four, I worked for Mr. Henry Moore, and there was no dam of any sort to my knowledge there then. William Kelly

Walter Cottier, of the town of Douglas, blacksmith, being sworn and examined, saith - I am above fifty two years of age. I know the Ballaughton Mill; I have known it for forty years. I was living at Pulrose Mill when I was fourteen years of age, and continued there about four years. I know the mill-race that comes past the Ballaughton Mill to the Pulrose Mill, The water that supplies that mill-race that comes from the Bright River through the Port-e-Chee Claddagh to the Black River and then to Ballaughton Mill. During the time that I so knew there was no restriction to the tenants of Ballaughton using as much as they pleased. I know the sluice-board at the dam-head at the top of Port-e-Chee. In my time I think there was a frame, It was always open, but there was sometimes a board in; it was a loose board, which could be taken out altogether We used to bank up the dam-head, and take all the water we could, There was no restriction as to the quantity [9] of water we used. During my time I never noticed that there was any damming of the water on Defendant's premises. I have been up in the neighbourhood where the present dam is. I never recollect there being any dam there at that time. They would make channels in the bed of the river, so as to draw the water to the head of the race slanting up the river. Walter Cottier

Thomas Kissick of Braddan, millwright, being sworn and examined, saith - I know the dam up at Tromode, on the Defendant's property I worked for the Defendant at the time that that dam was made To the best of my recollection, it began in March, Eighteen hundred and thirty-five, and was finished in the summer of the year, when it was begun to be used I had been working for the Defendant and his father ten years before that time, at Tromode. During the said ten years, and up to the time the said dam was constructed, the water was brought in a regular race; the same race that is in now to Defendant's works. There was no dam up to that time to supply the Defendant's mill. The water, after it had been used for Defendant's works, then returned to the main stream of the river without restriction. I know the race from the Bright River through Port-e-Chee Claddagh. I have known it for thirty years the same as it is now, After the dam was built, Mr. Moore was in the habit of damming up the water in the night in the summer time. They commenced damming at six in the evening, and let the water off about six in the morning. This was done regular every night during the summer season. Sometimes the dam would overflow, and the water would run over the sluice-board. When the water was let off in the morning the force of the water would be greater than in its natural flow.

Cross-examined, saith — The water which came down in the morning, when let off from the dam, would have gone into Port-e-Chee race if it had been sodded. I have never seen the water dammed back except when the cattle would break the banks, and then it would run through. In addition to the sluice down at Defendant's mill and at the Defendant's dam-head, there was a third sluice between the two, which was in for a short time, which was a long way off from where the dam now is. To the best of my recollection, the sluice I speak of was removed at the time the dam was built. I am forty-one years of age. I remember the remains of a dam-head near the corner of the present dam, for the purpose of carrying the water to a bleach-mill at the other side of the river. In my time there was a body of stagnant water in the middle of the dam, at some places eighteen inches deep. Supposing there was a clear ran of water from the dam-head down the mill race to the Defendant's mill, with a full supply of water in the river, such flow would not be so strong as that from the Defendant's dam when opened in the morning after being closed all night. My reason for saying so is, that the sluice at the dam-head is not so large as that leading out of the dam into the race: and that is the reason, and the only one, I have for giving my opinion as I have.

Re-examined, saith — When I state that if the dam-head at the top of Port-e-Chee had been properly constructed and sodded, would have taken in all the water turned off by the Defendant, I referred to the time when I was there; the water is turned off in greater quantities now than it was then. And because, when I was there the water in the dam lasted all the day ; we used it more gradually than he does now. He has a steam-engine now, and considerable more machinery. The remains of the old dam-head to the tuck-mill, which I have described as having been opposite the Defendant's dam, were the remains of a stone weir or dam-head across the river similar to the one by which the Defendant now turns the water into the mill-race, and it was not calculated to turn the water back, but only to turn it into the mill-race. It could not dam it any more back than the present dam-head above the Defendant's mill-race or the one at the top of Port-e-Chee Claddagh, I am quite clear that during my time, until the Defendant built the present dam, there was no dam or remains of a dam there excepting the dam-head of the tuck-mill as aforesaid.

Re-cross-examination — My reason for saying that the Defendant uses more water now than when I was with him is, that formerly the dam would take a whole day in emptying itself, whereas now I have seen it full in the morning and empty at dinner time at twelve. When I was there there would be a difference of an hour or two in emptying. They could let it run off then as quick as now if they let it run waste. I cannot say whether or not, in consequence of having a steam-engine there, they would require more water.

By a Juror—The sluice at the dam-head is large enough to admit a sufficient quantity to work all the machinery,

William Corlett, of the town of Douglas, dyer, being sworn and examined, saith — I am thirty-three years of age. I know the premises of the Defendant at Tromode. I went to live at Tromode and work for Defendant about twenty-four years ago. I cannot fix the date when I went there. When I went there there was no dam The water went to Defendant's works by the mill-race without any stoppage during the time I was there: there was no old dam or any appearance of a dam. After I went there the present dam was made. The dam was sometimes stopped all night in the summer time. I stopped there about five or six years,

Cross-examined, saith — I left Tromode eighteen years ago, and then came to reside in Douglas, and have resided there ever since. My knowledge of the premises was acquired previous to that time when I worked at the mill, I worked at the bleach-green where the dam is now built. William Corlett.

William Quilliam at present of Ballacretch, of the parish of Conchan, being sworn and examined, saith — I farmed at Castleward twelve years up to November last, It adjoins the mill-dam in dispute. Adjoining the said dam there is a piece of waste land, part of Castleward Estate, Tho Defendant has paid me one pound a year as rent for the said piece of waste land. The Defendant had the liberty of damming back the water on [10] the said piece of waste land, The Defendant has been damming the water back in the said dam, and when the dam was full he dammed it back upon the waste land regularly every night during the summer season for the said twelve years. And when so damming he would take in all the water of the Bright River except a little leakage there might be. In the summer season it would take in the teens of hours to fill the said dam, They generally shut the dam about six o'clock in the evening, and let it off about six in the morning. I have noticed it, when it has been let off in the morning, running over the dam-head on the top of Port-e-Chee and every drop that goes over there is lost to the Plaintiffs. He would also dam at breakfast time, when they went to breakfast, and at dinner time, when they went to dinner, At night, when they left off work, there would only be a little water in the dam. I remember the old dam-head at the top of Port~e-Chee, and the new one being built. T remember some masons repairing a leak in the said dam-head last year, They were busy at work, and word came that the water was coming down, This was on a Saturday evening when they were leaving off work at Defendant's factory. After word came that the water was coming down the water did come down, and was running over the dam-head and stopped the work. I have seen the sods on the dam head before I went to Douglas, in the dry weather when there would be a scarcity of water; when I returned in an hour or two there would be some sods and straw gone here and there. I have seen them on about eleven o'clock, and when I would be coming back in a couple of hours after the Defendant's men had gone to work at the factory, I would find the sods carried away with the exception of a few pieces here and there.

Cross-examined, saith — There is not much leakage at Port-e-Chee dam-head, but there is a little, I consider that the present dam at Port-e-Chee is taking more water into the mill-race than the old one used to do. If the dam-head was high enough it would have kept back the water. I have seen sods put upon a dam head that would keep the water in. I consider that the present dam-head at Port-e-Chee is as good dam-head as is in the Island. I do not think that any dam-head at Port-e-Chee could have been built upon a better construction than the present. I have seen the race take the water free enough.

Re-examined, saith — When the new dam-head was made at Port-e-Chee, owing to its being made higher than the old one, the water was going into the road, and the road in consequence had to be raised two feet or thereabouts. William Quilliam.

Court adjourned till Saturday, the 28th June, eighteen hundred and fifty-six, at half-past ten, forenoon.

John Quine, of the town of Douglas, mason, being sworn and examined, saith — I know the dam-head on the top of Port-e-Chee River across the Bright River. I was one of the masons employed to make the present dam-head. It was planned by the late Mr. Buck, of Ramsey, and made by myself. We measured the height of the old dam-head in presence of Mr. Edward Moore, Deemster Drinkwater, Robert Cain, and myself. The Committee of Highways did not interfere with it in any way. Deemster Drinkwater was one of the Committee of Highways that year. It was measured and was of the same height within half-an-inch, as near as we could make it. It was made about ten yards higher up the river. I know where the sluice stood in the old dam head. The sluice at the entrance of the mill-race was about the same distance from the old dam-head as the present one is from the new dam-head, but it is placed in a different position. In my opinion the new dam-head is best calculated to turn the water into the mill-race. When I was working at the new dam-head I had an opportunity of observing that it did turn the water, when in its natural flow, into the mill-race in the summer time. When we would be going there in the morning we could do no work when Defendant had turned on the water, because it rushed over the dam-head. Defendant turned it on at breakfast time. Upon the same days upon which the water would be so rushing over the dam-head after Defendant had let off the water, the water would go down to its usual flow; it would not go over the dam-head, but go down the race, The Defendant's dam-head marked C upon the plan is at an angle of the river, but the new dam-head spoken of is across the straight course of the river. In my opinion, if the dam-head at top of Port-e-Chee had been made in more of a slope up the river, it would not have put the water into the mill-race any better than the present one, because the water would find its level and would make no difference. The old sluice at B was three feet broad, and the main sluice is six feet broad. In my opinion the new sluice is better calculated to take the water into the race than the former one. The bottom of the new sluice is lower than the old one. When we were finishing the new dam-head we received great annoyance on account of Defendant having let the water down. We could not get near the work until the regular run of the river would come. The new dam-head was put ten yards higher up the rever because that, according to the plan, it was to have the tail of it sunk in a rock, and there was no rock where the old dam-head stood; and Deemster Drinkwater ordered us to put it ten yards higher up where there was a rock. By the plan the new dam-hend was intended to be built higher than the old one. It was not made higher in consequence of being stopped by persons representing that the water would flow into the road; and in my opinion would have so done, and even at its present height it would flow into the road. I have seen it three feet deep there.

Cross-examined saith - I have not seen water on the road since the road was raised. There was no more hollow in the road than what there is now. I mean that by raising the road that they have made a parapet at the side of it. The dam-head, to the best of my knowledge, is as high as was intended. It was to be six feet from the rock, and it is so. There were specifications, and I followed Mr. Cain's directions. The specifications were not followed to the letter; there was an alteration in the tail. I was to be made with rag stone by the specifications, but it was actually made of granite stone, and I got extra pay for it. The granite was better. I do not know that there is any change in the form of it. I signed the specifications with [11] Mr Dumbell, and Deemster Drinkwater paid me the money. Deemster Drinkwater was my employer. He is the proprietor of Port-e-Chee. I have heard from the Plaintiffs that they had contributed toward the expense of the said new dam-head. When I had an opportunity of trying the dam-head after it was finished if was staunch. I have been working at it two summers since. I have put two tails to it There is about fourteen yards below the tail more paved since it was finished. The dam-head was made about four years ago. I did not go to the dam-head to examine it and see how it was working. I did not go there till the following summer, when I went to make some repair to it. The entrance into the old mill-race before the alterations were made was nearly in a straight line with the old dam-head. When the old dam was carried away the river was cleaned down to the rock. After the old dam-head was carried away the bed of the river was made lower by the floods than the entrance to the mill-race, and the Plaintiffs erected a bank of gorse and piles, whieh had the effect of throwing the water into the race except when the Defendant let off the water from his dam, and then the floods went over the dam-head. Part of the bank I have alluded to is there still. The entrance into the mill-race before the alteration was made was not wider than it is now. The erection of the bank I have spoken of carried the whole of the water down the mill-race after nine o'clock.

Re-examined — After I had completed the dam-head I had to build some walling just above it, and came back in about ten days to do the walling, and remained at it a fortnight, during which time I had an opportunity of observing whether there was any leakage, and there was a slight leakage, and there is still. I had also an opportunity of seeing whether or not the new dam-head put the water into the mill-race, and it did do so after nine o'clock, when the water got to its natural flow, and left three or four inches dry at the top of the dam-head to spare, and it will do so yet any summer. As a practical man, I consider that the present position A of the new dam-head is better calculated to clear the race from rubbish than the old one, and was designed for that purpose. The new dam collects no rubbish at all. The present sluice took the water in so keen, and there was such a force of water after the new race was made, into the mill-race, that I was forced to pave the bottom of it, because I have seen stones of four pound weight carried down it, and it would have carried away the side walls. From the top of the dam-head to the bottom of the race is two feet six, but the bottom of the old mill race was about twenty inches lower than the top of the old dam-head. I have no doubt but that the entrance of the mill-race would take in all the natural flow of the river in the summer time, except in the case of a flood.

By a Juror — The rock I referred to is in the north side of the river, and extends three parts across ; where the water overflows the dam-head it flows over evenly. There is not half-an-inch difference between one side and the other in height, but the south side is not sunk since it was built. The south side has been dressed a little more, and so takes the water over easier. There is a little leakage in the said dam-head in one place, as much as would go through a pint. The leakage is not very considerable. I was not bound by my contract to make the dam-head staunch to my knowledge. I went to work at seven in the morning, and then the water was running over, wasting, and continued to do so till half-past eight ; it was also running over sometimes at dinner time. It was in the months of June and July, about four years ago, that I was so working at the said dam-head. When I spoke of a leakage running through a pint, I meant as much as would run through a pipe of a four-inch bore. John Quine

Robert Cain, of the parish of Conchan, builder, being sworn and examined, saith — I know the new dam head made at the top of Port-e-Chee Meadow. I superintended the making of it. I understood that the late Mr. Buck, of Ramsey, was the architect of the said dam-head. The plan marked E was the plan of the said dam-head, and to which it was built. I took the level of the old dam-head. The new dam-head was set to exactly the same height to an inch. In my opinion the new dam-head is calculated to send the water into the race better than the old one. In my opinion the present entrance to the mill-race would clear itself better than the old one, because when the old sluice was set on a line with the old dam-head it was calculated to gather eravel, and dirt, and trees into it, and soon got choked. But as it is now constructed, there is such a current of water into the mill-race that nothing will stop there. The leakage referred to by the former witness does not come through the dam-head, but oozes through the gravel at the side, and gets among the stones at the dam-head. I consider the leakage to be very trifling. Robert Cain.

Thomas Quayle, of the town of Douglas, mason, being sworn and examined, saith — I know the present dam-head at the top of Port-e-Chee Meadow. After that dam-head was finished, I was employed by the Plaintiffs to stop some leakage; that was in May, 1854. When we were working to stop the said leakage word was sent up to the Defendant's premises, it being dinner time, requesting that the water may be stopped from coming down. About ten minutes after the messenger came back the water was let off, and came down upon us, and stopped our working. We continued working until the water was up to our breast. We partially stopped the leakage in the dam, and would have complepleted it, but we were stopped working by the water coming down. The water on that occasion, when let off, ran over the dam-head to the height of six inches or thereabouts. We waited till the water came back to its natural flow, and then it did not go over the said dam-head. We were working in the morning from seven o'clock, and the water stopped us a little after two, There were ten men working on said occasion.

Cross-examined, saith — We had to desist from working the whole of that afternoon, when we were so stopped, by the water coming down upon us, as aforesaid. We took out a quantity of puddling from behind the said dam-head and we have not put it back again. The puddling was earth, and not clay, And then we were proceeding to put in a puddling of clay, when the water came down and stopped us, and the water washed[12] the earth up against the dam again. The Plaintiffs' labourers threw the clay which we had prepared ; it was so thrown in when the water was there. It was not properly puddled. We could have constructed the bank so that it would have protected us from the water and sent it into the race. We were working close to the road-side of the dam head.

Re-examined, saith - We used the stuff which we threw out as an embankment to protect us from the water. It was sufficient to protect us from the ordinary flow of water, but not from the water which came down when the Defendant let off the water above. What we did get in we did effectually, and succeeded in stopping the leakage in a great measure There was a good leakage in when we left off from the side next the road. I have no doubt but that we could have made a job of it if we had been left.

By a Juror—In my opinion, if the dam-head had been puddled with proper clay puddling, there would have been no leakage. At the time I saw the water going over the dam-head it was above the bottom of the sluice-board. If the sluice-board had been raised higher, more water would have gone into the race but not the whole. Thomas Quayle.

John Kewley, of the parish of Braddan, miller, being sworn and examined, saith — I am a miller, in the employ of the Plaintiffs Cowin and Goldsmith, and have been so for nine years. I know the mill-race going from the Bright River through Port-e-Chee Claddagh to the Plaintiffs' mill, We have been using that water during the period I have been there. In the summer season we would be putting sometimes straw, and some times scutch-grass, at the dam-head, for the purpose of turning the water into the mill-race. The Defendant dams about six months in the year. During the nine years that I have been there he has been damming every night, except when there is a flood. He dams the water off at six at night, and we feel it gone about seven or eight, and we get it again about seven or eight in the morning. And we miss it again at breakfast time about half an hour, and for an hour again at dinner time. When it is let off in the morning it is let off quicker than in its natural flow it would do, and a portion of it is lost to us over Port-e-Chee dam-head. When we were sodding the dam-head with straw, a good deal would be washed off by the water. The old dam-head had been swept away before I came there; at that time we made a kind of temporary dam-head by piles and gorse. Since the new dam-head has been built we have been accustomed to put straw and scutch-grass on the dam head to keep in the water. The present dam-head turns the water in better than the temporary one aforesaid. If we had got the ordinary flow of water during the twenty-four hours we could have ground ten bolls more in that time for half of the year. I have made my calculation in that respect; and in making that calculation I have taken into account the extra force which we get for a short time after the Defendant lets off the water. I make that calculation in this manner: during the six summer months we are able to grind twenty-eight bolls a during twenty-four howrs ; and I consider that if the water came regular we could grind a third more. We could not grind near half as much in the night, owing to the damming, as in the day. This is only in the summer months. My own experience tells me that the same water does more work in the night time than in the day. The Plaintiffs are in the habit, and have been during my time, of grinding both in the night and day. Defendant also dams sometimes in the frosty weather in the winter. During the time I have been with the Plaintiffs they have been obliged to send corn to be ground elsewhere, in consequence of the want of water. We always had corn to grind if we had the water.

Cross-examined, saith — At Ballaughton Mill we had six pairs of stones, five millers, and six or seven other men, and I think seven horses. The Plaintiffs grind their own corn, and send their own corn to other mills to get ground ; and the work I speak of is their own corn. I have not heard of the tenants claiming their right to get the corn ground. If the river flows in its natural state there is sufficient water to keep the mill going constantly night and day during the summer. I did not say to any one of the Jurymen on the day they viewed the premises that there was not enough water to work the mill. I am foreman miller to Ballaughton Mill. I did not speak to any of the Jurymen on the said day; nor did any of them speak to me during the twenty-four hours. In the summer, with the natural flow of the river, we could sometimes use one pair of stones and some times two; but never less than one; and during the said six months, with the natural flow of the river, and with sometimes one pair and sometimes two pair of stones, we could grind about forty bolls in the said twenty four hours. We ground wheat or barley. We have a pretty good supply of water from the Black River. I think there is more from the Bright River than the Black River. We have been stopped grinding the Ballaughton Mill at night during the summer, solely on account of Defendant's dam, and for no other reason. We were always stopped some part of the night when the water was very low; but not the whole night. We were stopped the best part of the night. I have known the mill stopped from ten o'clock at night till four in the morning. I have known it so every night when the water is low. It happened often. I have seen it so continuously for a two months and more ; and that would be the usual time we were stopped. Sometimes we would be stopped altogether at breakfast time for about half an hour. At four in the morning the Plaintiffs' mill-race would be filled from the Black River. We would be stopped at, breakfast every day in the week if the water was low. I cannot tell how many days in the week it was so stopped. The Plaintiffs dam in their race occasionally. They would not need to do so if the flow from the Bright River was continuous, I made this calculation in my own head with the other millers. I never learnt arithmetic, I made this calculation judging from what we did when the water waa running regularly, and when we stopped ; until tho last three or four years there was a very good flow of water. Since the dam-head was built I have been putting stuff on the top of it: and I know that has been done very often by the people of the mill. I have been at Port-e-Chee to draw up the sluice, and while Mr. Arthur was present he never said anything to prevent my doing so, and I never was[13] prevented by any one, One pair of stones would grind about thirty bolls of wheat tn twenty-four houre with plenty of power. With the natural flow of the river in the summer season, with one pair of stones, we could grind from seventeen to twenty bolls of wheat in twenty-four hours on an average. There are two water wheels. A small one, which we sometimes use, was put up since I came there; because, when the water was low there wae not enough to turn the large wheel in summer The small wheel I speak of is the wheel we always use at night: we never use any other at night. If our sluice was down, and our mill stopped, and Defendant's water running, it would take about two hours for the water to back up over the dam at Ballaughton; and we have done so oconsionally. We never stop our mill when the water is coming down from Port-e-Chee ; if the water was not coming from Port-e-Chee it might take nearly a whole night to back the water in Ballaughton dam if our sluice was down. John Kewley, his + mark.

William Casement, of the town of Douglas, millwright, being sworn and examined, saith — I have often been in the habit of working at the Plaintiffs' mill, sometimes for two or three months together. I have sometimes had an opportunity of seeing what the mill ground in the day, and what it ground in the night of the same day. If the water had not been stopped there would have been as much more ground during the night. I have seen a sufficient quantity of water in the bed of the Bright River below the dam-head at Port-e-Chee, sufficient to turn one pair of stones. One day the mill ground nine bolls, and in the night it ground five bolls. On that day the water was middling ; it was not very low, it was only driving one pair of stones. I consider that if the water had been flowing in its natural course during the night as in the day it would have ground 20 more than in the day, because the water is more powerful in the night. The reason of the difference was in consequence of the water being stopped. On occasions I have seen two pairs of stones and a dressing machine going tidy during the day, and about six o'clock we have had to knock off the dressing machine for want of power ; and when I was going away at night I have seen them take away one pair of stones.

By a Juror — I have been a millwright since I was fourteen years of age, and have been one for fourteen years. When I saw the water, I spoke of that I saw below the dam-head in the Bright River. I did not go to satisfy myself whether it came over the dam-head or from a leak; but I was satisfied in my own mind that there was not a leak. It was during the dry season of this year in the month of May. The Black River alone in its natural flow would drive one pair of stones, and the Bright River would do the same comfortably — by comfortably I mean freely. I have been working at Ballaughton Mills for the last ten years occasionally, but lived at Laxey. I never heard the Plaintiffs complaining of the loss of water ten years ago, nor did they complain five years ago to my knowledge. I have heard the Plaintiffs grumble last year, and I think the year before last. The year before last the Plaintiffs requested me to take notice of the water. Willam Casement

John Windsor, of the parish of Braddan, miller, being sworn and examined, saith — I was foreman of the Ballaughton Mill under the Donaldsons, who occupied the said mill previously to the Plaintiffs. It is either thirteen or fourteen years since I went to that mill. When I first went there, thirteen or fourteen years ago, there was a want of water felt in consequence of the Defendant's damming at night in the summer time. The course of damming the water every night was adopted by the Defendant every night during the summer months fourteen years ago. The mill that I went to work at is the same mill that is there now. I do not think that there was so much damage to the Ballaughton Mill at that time, as there was within the last four or five years, the Defendant had not a steam-engine there; and at that time he husbanded the water in the dam and let it off by degrees, but for the last four or five years he has let the water off all at once between six and eight in the morning, and causes more to be lost to the Ballaughton Mill, because the Port-e-Chee race only takes a certain quantity, and a great deal runs over the dam-head. The Port-e-Chee mill-race is sufficient to take the ordinary flow of the river in the summer season when there are not floods. I have been for the last four or five years at Pulrose Mill, and Defendant has continued to dam since that time during the night. There is a greater fall on the wheel at Ballaughton Mill than at Pulrose by three feet. The wheel at Ballaughton Mill has been altered. I should consider, according to the fall of water, that the Ballaughton Mill ought to lose more than Pulrose Mill. The loss of Ballaughton Mill is at least five or six bolls every night. That is supposing that the Ballaughton Mill ground twenty-eight bolls in the twenty-four hours; under the present circumstances I should consider that the loss to that mill by the stoppage of the water by the Defendant would be one-third of the twenty-eight bolls, but deducting from that about one boll and-a-half for the extra power obtained by the flush in the morning. Supposing that the whole water dammed up by the Defendant came eventually to our mills, still it would be an injury to be obliged to take it at the times the Defendant chose to turn it on; I would rather have it in its natural flow. The loss that I have described from the stoppage of the water was occasioned by its going over the dam-head. The present Port-e-Chee head is a much better one than the old one. I consider the average of six months a fair average of the time Defendant dams the water in the year. There has been damming in the winter time by the Defendant when it was frosty, which was a very great injury. The ice forms above Port-e-Chee dam-head, and when Defendant stops the water the ice breaks in pieces and falls there, and remains till the next morning; and when he lets the water off next morning it carries the broken ice into the mill-race above the threshing-mill. It blocks up the race then, and all down Port-e-Chee too, and stops the water from us altogether, sometimes nearly a day together; and we have to go and break it away from where it has formed. I should think that three shillings a boll would not be too much to allow for the loss occassioned by the Plaintiffs being prevented grinding.

Cross-examined, saith — I generally charge eighteen pence per boll for grinding wheat; some places in the country they charge two shillings. At Pulsose Mill eighteenpence is charged per boll, and I cart it from[14] to Douglas and back again. The very same water that comes from Ballaughton Mill supplies my mill. I have no other water except the Bright and Black Rivers, except a small stream not worth talking of; and I get no more of the Bright River than the Plaintiff's tail race. I have no benefit in this case, except the benefit I may get by the water. It would be a great benefit to me to get the water; the benefit of grinding five or six bolls in the night in the summer time. I beliewe that the Defendant dammed the water up last winter. I know of no other dams that could have caused it. The race through Port-e-Chee Claddagh, was frozen last winter, and when the water was drawn off from above, the ice would fall down, and when the stream from Defendant's mill would come again in the morning it would carry the ice down in blocks. Last winter there was very hard ice; but the winter belore was worse. I am not speaking only of one winter, Of what I noticed last year it was, when there was very hard frost; the same thing oecurred the year before. We look more to the Bright River for our water than to the Black. I swear that it gives us twiee as much, and I think that it gives three times as much as the Black River, By we, I mean the Plaintiffs' mill and my own. The Black River is only a little river that comes from Greba Curraghs, about five miles from Ballaughton. I know that the Bright River is twice as large as the Black River, and I believe it is three times, from the quantity of water I see flow. The corn-mill and cloth-factory at the Union Mills are both worked by the Black River. I do not know but that there may be some other stream leading into it. There is a corn-mill at Mullen-a Quinney, in Kirk Marown, which works on the Black River. I should think, from the little drop of water, that they could not work that mill unless they dammed the river, At Lewin's Mill, on the Bright River above the Defendant's, I think there is no dam. If the water of the Bright River were running regularly there would be sufficient water to keep one pair of stones going regular through the summer at the Ballaughton Mill at the driest time that I have ever seen; but one pair of stones is not sufficient to do all the work that we have to do, or that we want to do. At the time when Defendant let the water on a little more regularly we would have a little advantage during the day; but at the night the mill would not go at all, and the miller would be lying asleep.

Re-cross-examined, saith — I charge eighteenpence for grinding a boll of wheat, whether it is carted to and from Douglas or not.

By a Juror — I was on the premises, at Ballaughton, when the Jury of View was there. I know the sluice-board at the side of the mill-race, between the Port-e-Chee dam-head and the thrashing-mill; there was a board in the same place fourteen years ago ; I cannot speak to the height of it, except for the last four or five years. During the last four or five years ago it was boarded up to the top, except for the last few months ; long subsequent to the filing of this action. I have been frequently up at the new dam-head since it was built ; sometimes the bottom of the sluice would be lower than the dam-head, and sometimes higher. I think the thrashing-mill could consume all the water in the race. When they do not use all the water at the thrashing-mill they have a sluice that takes it back into the tail-race. I think the present dam-head at Ballaughton is a stauncher one than the old dam-head that was carried away. I have heard complaints from Plaintiffs five years ago; that is the time I came to Pulrose Mill, and I have complained myself, too. John Windsor.

This cause is adjourned till Wednesday, the 9th July, eighteen hundred and fifty-six, at ten o'clock forenoon.

William Brough, of the parish of Braddan, miller.—I am a miller, in the employ of the Plaintiffs ; I have been so for five years; for most of the time I have been night-man. I know the mill-race that runs to the Ballaughton Mill. Ever since I have been there we have used that mill-race. I know the dam-head. We had to pile up the dam-head with gorse and scutch-grass. We have had to do so ever since I have been there. I saw the dam-head at the Defendant's one day. The Defendant would begin to dam somewhere about March, and would continue to do so about six months. The water would be stopped about half-past six, and we would get it again at two in the morning, when the water was fresh, and sometimes not till seven or eight. To the best of my knowledge I think we could grind about ten bolls more during the night if the water had not been stopped. When the weather would be very dry we would sometimes be stopped very nearly all night. In the winter time, as soon as the Defendant would stop the water during the frosty weather, we would be obliged stop our mill, because we would have no water to drive it; and after we had so stopped it the wheel would be frozen in the morning, and we would be obliged to pour hot water over it and burn straw under the said wheel. I would keep us from six or seven o'clock in the morning till twelve sometimes to start it again. I never, myself, saw the Defendant damming.

Cross-examined, saith — The said wheel has been stopped sometimes for a week at a time, and sometimes for a fortnight, when there would be hard frost. I believe our work was stopped in winter on account of the Defendant stopping the water, and from. no other cause. It was the winter before last that we were stopped for a fortnight. If the water was running regularly our mill would not be stopped by the frost. From my experience, as a miller, the mill would not be stopped by the frost alone. I am twenty-three years of age. When I went to the Plaintiffs' I went as an apprentice. I am not sure whether I am out of my time or not. We know what the mill is grinding when the water is running regularly, The water comes down to us about half-past six and stops again at breakfast time. In summer the water does not run regularly at all.

Re-examined, saith — In the summer time the water comes on heavier in the morning, when the Defendant lets off the water. I do not know how many hours it would take to run off the water of Defendant's dam. As[15] I was night-man I would not be there when the water would come down. I go there to work at four o'clock in the evening, and I see how much the mill is doing. After the water was stopped I could feel the difference of the grinding ; and I can observe the difference between the grinding at four o'etock vand during the night. That is the way I made the calculatation of the ammount of bolls we ground, with the other lads with me. I am a married man, and I get fourteen shillings a week wage.

Ry the Court - We could grind at the rate of about forty bolls when the water was running regularly. When the Defendant was damming in the summer we could grind about twenty-eight bolls. It requires two pairs of stones to grind forty bolls. I am not aure at what season of the year the mill could grind forty bolls I do not know what the mill did grind in winter I have seen six pair of stones used many a time at the mill in winter. With the regular flow of the river, with one pair of stones, I have seen the mill grinding at the rate of two bolls, short seven pounds, in one hour, at four o'clock im the afternoon. In summer we generally use one pair of stones, but four pair if there is a flood.

By a Juror — At seven in the morning, in summer, we use one pair of stones and a dressing-machine When I go at four o'clock I see one pair of stones, without the machine, and this goes on till about eight in the evening. I have never repaired the mill-race in summer. William Brown, his + mark.

Mark Fell, of the town of Castletown, fisherman, being sworn and examined, saith — I am sixty years of age. I was brought up at Castletown. I have lived at Ballaughton when I was about twenty-four years of age. My father-in-law, William Myring, took the mill from M'Crone, who was agent for the Duke of Atholl. I remained at Ballaughton Mill nearly three years; I knew the mill-race that runs through Port-e-Chee Claddagh to the Bright River, and then to Ballaughton. We were in the habit of raising the dam-head by scraping ue gravel up. During the time I was there there was no restriction as to the quantity of water we used ; we might use as much as we liked. I cannot say whether they have seen me scraping up the gravel or not; I think they must have seen me. At the Ballaughton dam-head, between the mill and Kirby house, I have repaired the race several times. I know the Kirby dam-head; I have also raised that dam-head to turn the water in to the Ballaughton Mill. During the time I was at Ballaughton Mill there was no damming at the Defendant to my recollection. At that time we used four pair of stones at the Ballaughton Mill. We were sometimes putting sods and sometimes grass at the Kirby dam-head to secure the water.

Cross-examined, saith — We never worked the four pair of stones together ; it was not for the want of water. The wheels were only eight feet high, and so we could not use four pair. We have frequently stopped the mill in the dry weather for want of water.

Re-examined, saith — The time I allude to that the mill was stopped for want of water, was a very dry summer. It was principally so stopped during the first year I went there.

By a Juror — When I was there during the summer months we did not work at night, except when the water was low, and we did so by damming the mill-race till there was enough water to turn the mill for either two hours, or an hour and a half, and then we dammed again. We had not so much water as would keep the mill going with one pair of stones going regularly, night and day, by no means. If the wheels had been eighteen feet high we would have enough water to drive the one pair of stones. I could not say it would do so regularly during the whole of the dry weather ; but the water that would not drive the eight-foot wheel would drive the eighteen-foot wheel with pleasure. The eight-foot wheel was an over-shot wheel. We could not have used an eighteen-foot over-shot wheel. An over-shot wheel is more powerful than an under-shot wheel of the same size ; I cannot tell how much more powerful. I think our wheels were eight or nine feet wide each. They were eight feet high ; they were over-shot wheels. When the water was light we only used one wheel. They were two separate wheels. Mark Fell.

John Holmes, of the parish of Braddan, being sworn and examined, saith — I am clerk to the Plaintiffs. I have been book-keeper for the last nine years. I made a calculation of what quantity the mill does grind from the first of April to the first of October. On an average she grinds twenty-eight bolls in twenty-four hours. The Plaintiffs have frequently been obliged to send work away to be ground at other mills, for want of sufficient water. I have made a calculation of quantities ground at the Ballaughton Mill from the first of April to the first of October, Eighteen hundred and fifty : I find that we ground during that period five hundred and eighty bolls, two bushels, and forty-five pounds of barley ; and three thousand three hundred and seven bolls and forty pounds of wheat; and three thousand and thirty-eight bolls, three bushels, and twelve pounds of oats, In addition to that, oats and other grain, crushed one hundred and seventy bolls, and sold im small quantities. During that period there were sent to be ground elsewhere, owing to the scarcity of water, seven hundred and ten bolls, two bushels, and thirty-four pounds of barley ; and three hundred and sixty-seven bolls, three bushels, and sixty-three pounds of wheat. The year 1850 was taken as a fair average.

Cross-examined, saith — In making my calculation I made it in the year Eighteen hundred and fifty. I it in no other year. I made it in Eighteen hundred and fifty because, since that time Plaintiffs have been using a steam mill in Douglas ; and the account of the corn is mixed. I did compare one year with another. .I had the means of making a calculation of the quantity ground in the years Eighteen hundred and forty-eight and Eighteen hundred and forty-nine. The same summer that I came to the mill the new wheel was put up. That was in the year Eighteen hundred and forty-seven. The wheel is a breast wheel, It is eighteen feet [16] diameter by twelve and a half wide. The wheel revolves in the same manner as an under shot wheel. The smaller wheel was put up, I think the year before last. I could have made a calculation of the corn ground at Ballaughton Mill from the first April to the first October Eighteen hundred and fifty-one, and could not have made a calculation for the year Eighteen hundred and fifty-two, as I do not know what time in the summer of that year the steam mill began to work. As regards the quantity of water in the year Eighteen hundred and forty-nine, I have no reason to believe it different from the year Eighteen hundred and fifty. All this corn with the exception of a small part of the one hundred and seventy bolls of crushed grain, was the Plaintiff's own grain. And the corn I spoke of as sent away to other mills was the Plaintiffs' own cornn The Paintiffs have been very large purchasers of corn throughout the Island; they also import corn, and they grind that imported corn at Ballaughton Mill.

Re-examined, saith — The Plaintiffs did not direct me to take any particular year for an average. I have no reason to think that the year Eighteen hundred and fifty would not have been a fair average. I was not interfered with by the Plaintiffs as to the selection of a year.

By a Juror—The small wheel was put up in order to do the work with a smaller quantity of water than was required to drive the large one. That wheel is a breast wheel. John Holmes

William Clucas, of the town of Douglas, salesman for the Plaintiffs, being sworn and examined, saith - I went up with the Plaintiff, Cowin, to the Defendant's, five or six years ago. The Plaintiff Cowin, demanded that he should not dam the water. He told the Defendant that the damming occasioned a great loss to him and Defendant said that he would not let the water go on any account, unless he was obliged to do so. Plaintiff, Cowin, threatened him with law proceedings, and the Defendant told the Plaintiff Cowin, he might go as far as he liked and he would meet him. I keep the stores for the Plaintiffs in Douglas, and live at Ballaughton. I have been in the habit, for the last seven or eight years, of coming down from Ballaughton Mill to Douglas over the Quarter Bridge, between six and seven in the morning during the summer. The said Quarter Bridge crosses the Bright River below Port-e-Chee dam-head; and I was in the habit of returning between eight and nine in the evening. On these occasions I have observed in the summer months that there would be a quantity of water running down under the Quarter Bridge in the morning ; and when I would pass back at night the bed of river would be nearly dry, except a little water running between the stones.

Cross-examined, saith — I cannot say whether it was threeyears ago when the above conversation took place. It might be less than that time.

Re-examined, saith What I meant when I said I cannot tell whether it was three years ago, was, that I cannot tell whether it was three years ago that the Plaintiffs did take law proceedings; but it was five or six years ago that I was up at the Defendant's about the water ; James Hampton was also with us as a witness.

Re-cross-examined, saith — I swear that it is more than four years ago that I went up to the defendant's as aforesaid. It is between five and six years. William Clucas.

James Hampton of the parish of Lonan, farmer, being sworn and examined, saith — I went up with the Paintiff Cowin, along with the last witness, to Defendant. It is four or five years ago; it is four any way. I heard about what the last witness said about what took place at Defendant's office. What he stated is correct. James Hampton.

James Kerruish of the town of Douglas, miller, being sworn and examined, saith — I am not in the employ of the Plaintiffs. I was a miller at Ballaughton Mill with Donaldson for six years and a half, up to April, One thousand eitht hundred and forty, I have frequently heard Donaldson complain about the water being stopped, and was sent up to see if the water was stopped by Defendant damming, as there was a scarcity of water. I went up because the river was low. I know the Bright River and the Black River; the Bright River is the principle supply to the Ballaughton Mill, and care used always to be taken to turn all the water we could get in.

Cross-examined, saith — On both occasions when I went up to see if the water was dammed, it was not but was running through the dam like a river. James Kerruish

William Quine, of the Glen-moar Mill of the parish of German, master miller, beng sworn and examined saith — I have been a miller twelve or fourteen years. I charge two shillings a poll for grinding wheat, eighteenpence a boll for grinding barley and oats. I consider that eighteenpence a boll more to be a fair sum to allow for profit. It is little enough. This includes the wear and tear of sacks, cartage, discount, risk; and if the wear and tear of sacks, cartage, discount, and risk were included, perhaps threepence might be taken off per boll for the wear and tear, etcetera.

William John Monk of the town of Ramsey, miller, being sworn and examined, saith - I work a steam mill and wind-mill at Ramsey. I have been a mill proprietor fifteen years, I consider eighteen or two shillings to be a fair remuneration for grinding corn per boll, and I consider that an additional eighteen or two shillings per boll to be a fair price to charge for profit, and out of that ought to be deducted threepence where there is no wear and tear, and risk, etcetera. William John Monk

[17] Plaintiff exhibit the entries of the Bishop's mill from May, One thousand seven hundred and sixty-one to October, One thousand seven hundred and ninely-nine. A Deed of Sale from Charlotte Tear to William Bridson, dated the eighteenth of December, One thousand seven hundred and sixty five. Assg - William Bridson to Caroline Jane Lee, dated 15th December, Seventeen hundred and eighty-six —_Asgt Caroline Jane Lee to Norris Moore, dated fifth March, Seventeen hundred and ninety-nine, Sale - Norris Moore to William Leece, dated thirtieth of November, Eighteen hundred and ninety nine. Sale - William Leece to the Duke of Atholl, dated fifteenth of February, Eighteen hundred and one. Sale Duke of Atholl to John Donaldson, the first of August, Eighteen hundred and and twenty-nine. Sale - John Cannell, coroner, to William Duff, dated the fourteenth April, Eighteen and forty-six, Sale—William Duff to George William Dumbell, dated twenty-fifth of July, Eighteen hundred and forty-six.

A Sale of Port-e-Chee from Patrick Tobin and Helen his wife to Duke of Atholl, dated the Seventeen hundred and ninety-one.
Sale—The Duke of Atholl to Edward Fletcher and James Alexander, dated the fifth of April, Eighteen hundred and thirty, with plan attached.
Sale—Edward Fletcher and James Alexander, to Sir George Drinkwater, dated October the seventh, eighteen hundred and thirty-one.

Plaintiffs' case closed.