§ 156-21. Canal maintained for seven years presumed a necessity; drainage assessments declared liens.
§ 156‑21. Canalmaintained for seven years presumed a necessity; drainage assessments declaredliens.
After a canal has been dug along any natural depression or waterway andmaintained for seven years, it shall be prima facie evidence of its necessity,and upon application to the clerk of the superior court of any landowner who isinterested in maintaining the same, it shall be the duty of the clerk of thesuperior court to appoint and cause to be summoned three disinterested anddiscreet freeholders, who, after being duly sworn, shall go upon the landsdrained or intended to be drained by such canal, and after carefully examiningthe same and hearing such testimony as may be introduced touching the questionof cost of canal, the amount paid, and the advantages and disadvantages to beshared by each of the parties to the action, shall make their report in writingto the clerk of the superior court stating the facts and apportioning the costof maintaining such canal among the parties to the action, and the cost of theaction shall be divided in the same ratio; and their report when approved shallbe properly registered by the clerk and the said report or reports shall, whenfiled in the office of the clerk of the superior court, be a lien upon eachtract of land embraced in said report or reports to the extent of theproportionate part of the costs stipulated in said report or reports as acharge against same, and shall have the effect and force of a judgment thereon,and such judgments shall be subject to execution and collection as in cases of other judgments. (1899, c. 255, s.3; Rev., s. 4026; 1917, c. 248, s. 1; C.S., s. 5280; 1931, c. 227, s. 1.)