§ 156-2. Petition filed; commissioners appointed. - North Carolina Statutes

§ 156‑2.  Petitionfiled; commissioners appointed.

Any person owning pocosin, swamp, or flatlands, or owning lowlandssubject to inundation, which cannot be conveniently drained or embanked so asto drain off or dam out the water from such lands, except by cutting a canal orditch, or erecting a dam through or upon the lands of other persons, may bypetition apply to the superior court of the county in which the lands sought tobe drained or embanked or some part of such lands lie, setting forth the particularcircumstances of the case, the situation of the land to be drained or embanked,to what outlet and through whose lands he desires to drain, or on what lands hewould erect his dam, and who are the proprietors of such lands; whereupon asummons shall be served on each of the proprietors, and, on the hearing of thepetition the court shall appoint three persons as commissioners, who shall beduly sworn to do justice between the parties. (1795, c. 436, P.R.; 1852, c. 57, ss. 1, 2; R.C., c.40, s. 1; Code, s. 1297; Rev., s. 3983; C.S., s. 5261.)