I do not propose to enter into a discussion of the important doctrines involved in this case. In my opinion, the cases of Ash v. Cummings, 50 N.H. 591, and Company v. Fernald, 47 N.H. 444, settle the question of the constitutionality of the flowage act, approved July 3, 1868, if construed in accordance with the doctrine of Ash v. Cummings.
The demurrer must be overruled.