§ 77-9. Entry upon lands of another to make repairs.
§77‑9. Entry upon lands of another to make repairs.
In case the break occurs onthe lands of a different person from the one utilizing the stream, the personutilizing the stream shall have power to enter upon the lands of such otherperson to repair the same, and in case such person objects, the clerk of thesuperior court of the county in which the break occurs shall, upon applicationof the party utilizing the stream, appoint three disinterested freeholders,neither of whom shall be related to either party, who after being duly swornshall lay off a road, if necessary, by which said person may pass over thelands of such other person to the break and repair said break from time to timeas often as may be necessary, so as to cause the stream to return to itsoriginal channel, and assess any damage which may thereby be occasioned:Provided, the party upon whose land the work is proposed to be done shall havefive days' notice in writing served on him or left at his place of residence:Provided further, that it shall be the duty of said commissioners to assess thedamage of anyone on whose land the road shall be laid off to be paid by theapplicant for said road: Provided, also, that either party shall have the rightof appeal to the superior court. (1879, c. 53, s. 2; Code, s.3717; Rev., s. 5306; C.S., s. 7373.)