§ 156-4. Report and confirmation; easement acquired; exceptions. - North Carolina Statutes

§ 156‑4.  Reportand confirmation; easement acquired; exceptions.

The commissioners shall report in writing, under their hands, the wholematter to the court, which shall confirm the same, unless good cause be shownto the contrary; and on payment of the damages and cost of the proceedings thecourt shall order and decree that the petitioner may cut the canal or ditch, orraise the embankment in the manner reported and determined by thecommissioners; and thereupon the petitioner shall be seized in fee simple ofthe easement aforesaid: Provided, that, without the consent of the proprietor,such canal, ditch, or embankment shall not be cut or raised through or on hisyard or curtilage, nor be allowed when the same shall injure any mill, bycutting off or stopping the water flowing thereto; nor shall such dam beallowed so as to create a nuisance by stagnant water, or cut off the flow ofuseful springs or necessary streams of water, or stop any ditches of suchproprietor when there is no freshet. (1795, c. 436, s. 2, P.R.; 1835, c. 7; 1852, c. 57, ss. 1, 2; R.C., c.40, s. 3; Code, s. 1299; Rev., s. 3985; C.S., s. 5263.)