The only question raised by the defendants is as to the constitutionality of the statute of 1868, commonly known as the flowage act. This question has been repeatedly decided adversely to the claim of the defendants, and is not now to be regarded as an open one in this jurisdiction. Company v. Fernald, 47 N.H. 444; Ash v. Cummings, 50 N.H. 591; Company v. Head,56 N.H. 386; Company v. Worcester, 60 N.H. 522.

Exceptions overrules.

STANLEY, SMITH, and CLARK, JJ., did not sit: the others concurred.