55-300 - Court may declare stream of water or canal a lawful fence; proceeding therefor.
§ 55-300. Court may declare stream of water or canal a lawful fence;proceeding therefor.
The circuit court of any county, upon a petition of any proprietor or tenantof lands on any stream of water or canal, may, in its discretion, declare andestablish the same, or any part of either within the limits and jurisdictionof the county, a lawful fence as to any of the stock named in § 55-306.Notice of the application shall be given by posting a copy of the petition atthe front door of the courthouse and at two or more public places at or nearthe stream or canal, to the part whereof the petition applies, for thirtydays, and by publishing the same once a week for four successive weeks in anewspaper, if one is published in the county. At or before the trial of thecause, any person interested may enter himself a defendant thereto, and thesame shall thereafter be proceeded in as other causes.
(Code 1950, § 8-870; 1977, c. 624.)