Washington County, Virginia Will Book 4, pgs. 244-245 FHL microfilm #34357

Writ and Inquest as to placing a dam on Little Holston by Henry Jones and Moses Hutton.

The Commonwealth of Virginia to the Sheriff of Washington County. Greeting. Whereas it appears that Henry Jones and Moses Hutton are proprietors of the land in this county on one side of a branch called Little Holston and have erected a carding machine on said land and desires to erect a dam across said branch for working the said machine. Therefore we command you to summon and empanel twelve fit persons to meet upon the land proposed for the abatment on the 5th day of October next; which freeholders shall be charged by you impartially to the best of their skill and judgement to view the said lands proposed for the abatment; 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 proprietors, and whether the mansion house of any such proprietor or the offices, cartilages or gardens thereunto immediately belonging or orchards will be overflowed to enquire 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 opinions the health of the neighbors will be annoyed by the stagnation of the waters: which inquest so made and sealed by the said jurors, together with this writ, you shall return to our next court to be holden for our said County of Washington.

Witness: John Campbell, Clerk of our said Court at the Courthouse this 19th day of September 1816 in the 41st year of our foundation. Signed: Jacob Lynch, D.C.

We whose names are hereunto subscribed to wit: William Warsham, Tobias Smyth, Hugh Scott, Evan S. Thompson, James Clark, John Smith, Hugh Miller, Robert White, John Reed, Levi Lester, Peter Clark and John Clark being summoned and empannelled by William Poston deputy Sheriff for Samuel Fulton, Sheriff of Washington County to go on and view the land proposed by Henry Jones and Moses Hutton for the abatment of a carding machine have went on and viewed the same above and below the said abatment having been first charged by said William Poston Deputy Sheriff as aforesaid and to say that the lands of William Byars will be damaged Seventy Dollars and eighty cents by the overflowing of the waters. That the mansion house, offices, cartilages, gardens or orchards of no other person will be overflowed that fish of passage and ordinary navigation will not be obstructed. Nor in our opinion will the health of the neighbours be annoyed by the stagnation of the waters. As witness whereof we the said jurors aforesaid as well as William Poston, deputy Sheriff aforesaid have hereunto set our hands and affixed our seals this 5th day of October 1816.

All signed and sealed.

At a Court continued and held for Washington County the 19th day of March 1818.

On the return of the inquest made pursuant to a writ of ad quod damnum issued on the application of Henry Jones and Moses Hutton asking leave to erect a dam across a branch called Little Holston, on the motion of William Byars it is considered by the Court all circumstances weighed reasonable that leave should be given to erect said dam and the same is given accordingly. And it is ordered that the said Writ and Inquest be recorded. It is further ordered that the said Henry and Moses pay to Wm. Byars Seventy Dollars and 80 cents the damaged found by the jury for the overflowing of his lands mentioned in said Inquest.

Teste: Jacob Lynch, D.C.