de secta ad molendinum

de secta ad molendinum (dee sek-t[schwa] ad m[schwa]-len-di-n[schwa]m), n. [Law Latin “of suit at mill”] Hist. A writ forcing a person to continue grinding corn at a particular mill, as was customary, or to give a good reason why the custom should not be continued.

“There are also other services, due by ancient custom and prescription only. Such is that of doing suit to another’s mill: where the persons, resident in a particular place, by usage time out of mind have been accustomed to grind their corn at a certain mill; and afterwards any of them go to another mill, and withdraw their suit … from the ancient mill. This is not only a damage, but an injury, to the owner …. And for this injury the owner shall have a writ de secta ad molendinum commanding the defendant to do his suit at that mill … or show good cause to the contrary: in which action the validity of the prescription may be tried, and if it be found for the owner, he shall recover damages against the defendant.” 3 William Blackstone, Commentaries on the Laws of England 234–35 (1768).


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