Chap. 564.—An ACT to amend and re-enact sections 1347 and 1360 of chapter 61
of the Code of Virginia.

Approved January 2, 1904.

1. Be it enacted by the general assembly of Virginia, That section:
thirteen hundred and forty-seven and thirteen hundred and sixty of
chapter sixty-one of the Code of Virginia be amended and re-enactee
so as to read as follows:

§ 1347. Application for leave to build or raise dam across or in water
course, or cut canal, and so forth—A person having upon lands owned
by him on a water course, or proposing to build on such lands, a water
mill, or other machine, manufactory, or engine, useful to the public,
and desiring leave to erect a dam across, or in such water course (whether
he own the lands on either side of the water course at the point where
such dam is to be erected or not), or to cut or enlarge a canal through
lands above or below, or to raise a dam which may have been erected
under an order of court, or the owner of any such water mill, machine,
manufactory, or engine, located on a water course, having the right to
the use of such water course for the operation of his said mill, machine,
manufactory, or engine, and desiring leave to construct a work on or
through the lands of another for the purpose of confining the water
course within its customary channel or restoring it thereto where it has
been diverted therefrom not more than three years by floods or other
natural causes, may apply for such leave to the circuit court of the county
wherein such mill, machine, manufactory, or engine stands, or is pro-
posed to be built.

§ 1360. Exemption from grinding other grain than wheat.—The cir-
cuit court of any county, or the circuit or corporation court of any cor-
poration, in which is situated any mill which is adapted to and used
for the exclusive purpose of manufacturing flour, may, upon the appli-
cation of the owner or occupier of any such mill, release and discharge
such owner or occupier from the obligation to grind, upon toll, corn or
any other grain except wheat, or grind, upon toll, any wheat which is in
a rotten or damaged state: provided, that the court granting such privi-
lege may at any time, upon good cause shown, rescind such other.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four.