§ 156-17. Commissioners to examine lands and make report. - North Carolina Statutes

§ 156‑17. Commissioners to examine lands and make report.

The commissioners, or a majority of them, on a day of which eachproprietor is to be notified at least five days, shall meet on the premises andview the land to be drained and the lands affected thereby, and shall determineand report whether the lands of the petitioner or petitioners ought to bedrained exclusively by him or them, and if they are of the opinion that thesame ought not to be drained exclusively at the expense of the petitioner or petitioners,they shall decide and determine the route of the canal, ditch, or embankment,the width thereof, and the depth and height, as the case may be, and the mannerin which the same shall be cut or thrown up, considering all the circumstancesof the case, and providing as far as possible for the effectual drainage of thepetitioner's land, and the protection and benefit of the defendant's lands; andthey shall apportion the labor to be done or assess the amount to be paid byeach of the owners of the lands affected by such canal, ditch, or embankment,towards the construction and keeping the same in repair, and report the same tothe court, which, when confirmed, shall stand as a judgment of the courtagainst each of the parties, his executors, administrators, heirs and assigns. (1889, c. 253, s. 2; Rev., s. 4017; C.S., s. 5276.)