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© F.Coakley , 2024
[From Enquest file 1771 #4]
Note the plaintiff's Mill is Mywillen-y-Chorin (or Corran's Mill) the tail water of which fed Ballacreetch Mill [shown in 1868 as a carding mill but from the entry in the 1760 version of the 1704 Composition Book was built as a corn mill], to add to the confusion the owner of Corran's Mill and plaintiff was a Robert Lewin and the defendants, owners of a recently rebuilt Ballacreetch Mill were Capt Paul Bridson, John Taubman mortgagee and another Robert Lewin + his mother of Ballacreetch. The defendants' mill was fed by the tail race from Corran's mill, the defendants had built a dam head [weir] in the tail race to give a larger reservoir of water but with the effect that water was backed up in the tail race and overflowed onto Ballacreetch Curraugh, which land was owned by the plaintiff who raised the law suit. The John Taubman mortgagee is John Taubman, advocate + merchant, who inherited from his uncle the late deemster Taubman who had a mortgage on part of Ballacreetch[SSM May 1749 113].
The mills being Abbey rents saw an Abbey Great Enquest called to examine the complaint - several pages of depositions were annexed which throw some light on the two mills - One witness John Lewn (Ballacawn) aged over 60 deposed that Ballacreetch mill was originally erected upon the little river into which the tail race of Corran's mill emptied but some 20 years prior [ie pre 1751, though I suggest probably between 1742 and 1748, had been rebuilt on Ballacreetch Claddaugh. Capt Paul Bridson would appear to have bought the plot in 1742 [SSS Oct 1742 38] - he had previously both a half share in Ballacreetch mill from John Quayle in 1737 [SSS May 1738 72.2] and in 1748 obtained a licence to compell certain tenants to use the mill.
Capt Jon Oates aged about 50, sold the plaintiff's mill [SSS Oct 1766 144] previously owned by his father
We whose names ensue being the Abbey Great Enquest convened pursuante to his Majesties Process issued by the Worshpl Deemster Heywood to enquire into and find out some encroachments or stoppage alledged to have been committed upon Corrans Mills & the course of the race belonging to the said Mill & the road leading thereto at the suit of Robert Lewn plaintiff, by Capt Paul Bridson, John Taubman Mortgagee, Robert Lewin of Ballacreetch & Mary Lewin his mother Defts., having taken the annexed depositions together with what coppys of Record the parties had to offer on both sides and having taken the same to mature & deliberate consideration, we do find that the dam head of the deft's mill causes the tail watter of the Pltffs mill to overflow the lands of the sd Pltff & obstruct the passage of the antient road to the said Pltffs mill. We do therefore present them the Deffys for the same & leave the tail water of the sd Pltffs mill to run in the antient course as hath been walked, shewed, & marked unto us from Corrans Mill to the Little River, and this we give for our return in the premises this 1st day of March 1771
Lezayre John Kenny's x
Kk Lonan James Moore my x
Kk Christ Rushen Edward Waterson
Kk Malew Thos Quayle my x
Robt Quiggin my x
John Kewin my x
John Clague my x
Kk German Wm Cain my x
Thos Quirk my x
Kk Braddan Phillip Christian
John Quine my x
March 7th 1771
The Abbey Great Enquest delivered this verdict to me Robt Heywood
8th Mar 1771
This day the before named Robt Lewn as well on his own behalf as on the behalf of the other defts within named personally appeared before me John Quayle Clerk of the Rolls and entered himself [] in the penal sum of three poundsto and for the [] of our Sovereign Lord the King to disprove the before written verdict of the Great Enquest whereby he conceives himself and the sd other defts to be greatly [..ed] and therefore for relief in all and singular [] [] craves another and further tryal of the matter therein contained by and before a long jury according to Law
John Quayle C.R.
[A long jury consists of 24 men]
25th June 1771
The traverse jury were of opinion that "the said Abby Great Enquest Verdict dated the first day of March 1771 is legall" thus the plaintiff's complaint was upheld.
To be added together with further research as to any decision as to altering the offending dam head.
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