overflow or pond water within two hundred feet of the mill-site or premises of a person who has the right to rebuild a mill under section two thousand one hundred and thirty or by the authority of law, or the mill create a nuisance in the neighborhood, the court shall not allow the report of the appraisers to be affirmed.

1905, c. 534, s. 1, g.

2137. Rights of petitioner. After the return of the appraisers and the confirmation thereof the petitioner shall have full right and power to enter upon said lands and make such ditches, water-ways, drains, races or other necessary works and construct such dams: Provided, he has first paid or tendered the damage assessed as above to the owner of such lands or his known or recognized agent in this state. If the owner be a nonresident and have no known agent in this state the amount so assessed shall be paid by the petitioner into the office of the clerk of the superior court of the county for the use of such owner: Provided further, that the mill-owner shall not be compelled to pay said damages so assessed unless he shall enter upon such lands and make ditches, drains or other works or erect such dam.

1905, c. 534, s. 1, f.

2138. Mills not erected when; abatement of nuisance. No other person shall have the right to erect or maintain any dam, ditch, water-way, drain or race that will overflow or pond water within two hundred feet of the mill-site or premises of any person or body corporate who shall have erected a mill, dam, ditch, drain or race under the provisions of this chapter, or of any mill-site owned by any person who may have the right to rebuild a mill under section two thousand one hundred and thirty, or by the authority of law, and when any person shall violate the provisions of this section the owner of said mill or mill-site shall have a right of action against. said person to tear down said dam or other works so built or erected to the extent herein forbidden and to abate the same as prescribed by law for the abatement of nuisances.

1905, c. 534, s. 1, h.

2139. Report registered. The petitioner, or any other person interested, may have the said assessment registered upon the certificate of the clerk and shall pay the register the usual legal fees for registering such instruments in his office.

1905, c. 534, s. 1, i.

2140. Fees of appraisers. Each appraiser shall be entitled to a fee of one dollar for each day actually employed in making said assessment, to be paid by the petitioner.

1905, c. 534, s. 1, j.

IV. DAMAGES.

2141. For erection of mills; procedure. Any person conceiving himself injured by the erection of any gristmill, or mill for other useful purposes, may issue his summons returnable before the judge of the superior court of the county where the endamaged land, or any part thereof lies, against the persons authorized to be made parties defendant. In his complaint he shall set forth in what respect and to what extent he is injured, together with such other matters as may be necessary to entitle him to the relief demanded. The court shall then proceed to hear and determine all the questions of law and issues of fact arising on the pleadings as in other civil actions.

Code, s. 1858; 1876-7, c. 197, s. 1.

2142. Dams, when abated as nuisances. When damages shall be recovered in final judgment in such civil actions and execution shall issue and be returned unsatisfied, and the plaintiff is not able to collect the same either from the insolvency of the defendant or by reason of the exemptions allowed to defendant, the judge shall, on the facts being made to appear before him by affidavit or other evidence, order that the dam, or portion of the dam, or other cause creating the injury, shall be abated as a nuisance, and he shall have power to make all necessary orders to effect this purpose. Code, s. 1859; 1876-7, c. 197, s. 3.

2143. Judgment binding five years, when. A judgment giving to the plaintiff an annual sum by way of damages shall be binding between the parties for five years from the issuing of the summons, if the mill is kept up during that time, unless the damages shall be increased by raising the water or otherwise.

Code, s. 1860; 1868-9, c. 158, s. 12.

2144. Judgment binding one year, when. In all cases where the final judgment of the court shall assess the yearly damage of the plaintiff as high as twenty dollars, nothing in this chapter contained shall be construed to prevent the plaintiff, his heirs or assigns, from suing as heretofore, and in such case, the final judgment aforesaid shall be binding only for the year's damage preceding the issuing of the summons.

Code, s. 1861; 1868-9, c. 158, s. 14.

2145. Judgment against plaintiff; costs, how paid. If the final judgment of the court shall be that the plaintiff hath sustained no damage, he shall pay the costs of his proceeding; but if the final judgment shall be in favor of the plaintiff, he shall have execution

against the defendant for one year's damage, preceding the issuing of the summons, and for all costs: Provided, that if the damage adjudged do not amount to five dollars, the plaintiff shall recover no more costs than damages. And if the defendant do not annually pay the plaintiff, his heirs or assigns, before it falls due, the sum adjudged as the damages for that year, the plaintiff may sue out execution for the amount of the last year's damage, or any part thereof which may remain unpaid.

Code, s. 1862; 1868-9, c. 158, s. 15.

CHAPTER 53.

NAMES OF PERSONS.

(Sections 2146—2150.)

2146. Can not be altered by legislature. The general assembly shall not have power to pass any private law to alter the name of any but shall have power to pass general laws regu

-*- * *

person,
lating the same.
Const., Art. II, s. 11.

2147. Application to alter before clerk superior court; notice. Any person wishing, for good cause shown, to change his name, shall file his application before the clerk of the superior court of the county in which he may live, first having given ten days' notice of said application by publication at the courthouse door, and in said application shall state the true name of the applicant, the name desired to be adopted, the reasons why said change is desired, and that his name has never been changed before by law. No person shall be allowed to change his name under this chapter but once. 1891, c. 145, ss. 1, 2.

2148. Proof of good character filed. Said applicant shall also file with said petition proof of his good character, which proof must be made by at least two citizens of said county who know the standing of said applicant.

1891, c. 145, s. 3.

2149. Change ordered by clerk. Upon said application being made upon the verified petition of the applicant and the proof of good character, it shall be the duty of the clerk of the superior court,

if he thinks good and sufficient reason exists for the change of name, to issue an order changing the name of the applicant from his true name to the name sought to be adopted, and when said order is made and the applicant's name changed said applicant shall be enti tled to all the privileges and protection under said new name as he would have been under the old name.

1891, c. 145, s. 4.

2150. Clerk to issue certificate; record made. The clerk shall issue to the applicant a certificate under his hand and seal of office, stating the change made in said applicant's name, and shall also record said application and order on the docket of special proceedings in his court.

1891, c. 145, s. 5.

NOTE. For corporate names, see Corporations, s. 1137.

For protection of names, see Trademarks.

For change of name of minor child, see s. 177.

For fraudulently trading under corporate or partnership name, see s. 2118.

2151. What to contain. An instrument to be negotiable must conform to the following requirements: (1) It must be in writing and signed by the maker or drawer; (2) must contain an unconditional promise or order to pay a sum certain in money; (3) must be payable on demand or at a fixed or determinable future time; (4) must be payable to the order of a specified person or to bearer; and (5) where the instrument is addressed to a drawee, he must be named, or otherwise indicated therein with reasonable certainty.

1899, c. 733, s. 1.

2152. What constitutes a sum certain. The sum payable is a sum certain within the meaning of this chapter, although it is to be paid (1) with interest; or (2) by stated installments; or (3) by stated installments with a provision that upon default in payment of any installment the whole shall become due; or (4) with exchange, whether at a fixed rate or at the current rate; or (5) with costs of collection or an attorney's fee in case payment shall not be made at maturity.

1899, c. 733, s. 2.