§ 156-10. Right to drain into canal. - North Carolina Statutes

§ 156‑10.  Right todrain into canal.

Any person desirous of draining into the canal or ditch of anotherperson as an outlet may do so in the manner hereinbefore provided, and inaddition to the persons directed to be made parties, all others shall be partiesthrough whose lands, canals, or ditches the water to be drained may pass tillit shall have reached the furthest artificial outlet. And the privilege ofcutting into such canal or ditch may be granted under the same rules and uponthe same conditions and restrictions as are provided in respect to cutting the first canal or ditch: Provided, that no canal or ditch shall be allowed to becut into another if thereby the safety or utility of the latter shall beimpaired or endangered: Provided, further, that if such impairing and dangercan be avoided by imposing on the petitioner duties or labor in the enlargingor deepening of such canal or ditch, or otherwise, the same may be done; but noabsolute decree for cutting such second canal or ditch shall pass till theduties or work so imposed shall be performed and the effect thereof is seen, soas to enable the commissioners to determine the matter whether such secondcanal or ditch ought to be allowed or not: Provided, that any party to theproceeding may appeal from the judgment of the court rendered under thissection to the superior court of the county, where a trial and determination ofall issues raised in the pleadings shall be had as in other cases before ajudge and jury. (R.C., c. 40, s. 9;Code, s. 1305; 1887, c. 222; Rev., s. 3990; C.S., s. 5269; 1973, c. 108, s. 94.)