§ 156-38. Commissioners appointed; report required.
§ 156‑38. Commissioners appointed; report required.
On the establishment by the petitioner of his allegations, the courtshall appoint three persons as commissioners who, having been duly sworn, shallexamine the premises and inquire and report:
(1) Whether the lands of the petitioner can be convenientlydrained otherwise than through those of some other person.
(2) Through the lands of what other persons a canal to drainthe lands of the petitioner would properly pass, considering the interests ofall concerned.
(3) A description of the several pieces of lands through whichthe canal would pass, and the present values of such portions of the pieces oflands as would be benefited by it, and the reasons for arriving at theconclusion as to the benefit.
(4) The route and plan of the canal, including its breadth,depth, and slope, as nearly as they can be calculated, with all otherparticulars necessary for calculating its cost.
(5) The probable cost of the canal and of a road on its bank,and of such other work, if any, as may be necessary for its profitable use.
(6) The proportion of the benefit (after a deduction of alldamages) which each proprietor would receive by the proposed canal and a roadon its bank if deemed necessary and in which each ought, in equity and justice,to pay toward their construction and permanent support.
(7) With their report they shall return a map explaining, asaccurately as may be, the various matters required to be stated in theirreport. (1868‑9, c.164, s. 3; Code, s. 1312; Rev., s. 3997; C.S., s. 5296.)