§ 73-26. When dams, etc., abated as nuisances. - North Carolina Statutes

§73‑26.  When dams, etc., abated as nuisances.

When damages are recovered infinal judgment in such civil  actions, and execution issues and is returnedunsatisfied, and the plaintiff is not able to collect the same either becauseof the insolvency of the defendant or by reason of the exemptions allowed todefendant, the judge shall, on the facts being made to appear before him byaffidavit or other evidence, order that the dam, or portion of the dam, orother cause creating the injury, shall be abated as a nuisance, and he shallhave power to make all necessary orders to effect this purpose. (1876‑7,c. 197, s. 3; Code, s. 1859; Rev., s. 2142; C.S., s. 2556.)