Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-03-09
G,VII
CHAPTER LVII.
AN ACT Concerning the Enbankment of Low
Grounds

AN ACT Concerning the Ernbankment of Low
Grounds.
WHEREAS, for the embankment Of low grounds,
whereby persons wishing 10 protect their own lands
from overflow by embankment, which must Of ne
cessty be erected upon through the lands of anoh
person or persons, TO reach the high lands
above overflow, no remedy is provided by law
SEC. l. Be 1t enacted by tie General assembly 4f
The State Of North CarOlinG and is hereby enacted
by The authority Of The same, That any person or per-
sons wishing TO embank his or thelrIands and unable
TO do SO by of the lands of another person
persons lying between his their lands and the high
lands, it shall be lawful for such person or persons
to prefer petition to the court of pleas and quarter
sessions of the county wherein the said lands, or
portion of them, may lie. setting forth the PartIcu
circumstances of his their case. situation Of the
lands and in hat direction he or they may wish the
embankment located whereupon the court shall aP-
point twelve eeholders in the said county, nncon-
nected with either party by consanguinity affinity,
who, having been summoned and sworn by the shcr-
if OF said county, shall go upon the premises and eX-
| anime the ground petoned to be embarked, and
that through which the embankment shall pass, and
also whether such embankment shall appear neces-
sary and, further, they shall direct the embank ment
20 be laid in such manner and to such an extent
as in their opinion will most eHectually secure the
lands Of the petitioner petitioners from lnundaton
and the said jury shall value and assess the damages
the proprietor proprietoTs Of the lands through
which such embankment is to be made will sustain !;
and when the same shall appear necessary the dam
ages shall be paid before the petitioner or petitioners
proceed TO construct the embankment through or up
on such proprietor proprietors lands; and when the
petitioner or petitioners aforesaid shall have paid
10 the propretors aforesaid, into office of the
the damages the jury have assessed, he or they sus.
tanned, he they, their heirs assigns, paying
shall thereafter be vested with good and Sufficient
title in fee for the lands petitioned for and condemn
ed so long as the said embankment shall be kept up
Prorided, That than five times the base of
the said embankment shall be condemned to the Pc
titioner or petitioners And PROVIDED further, That
the said petitioner petitioners shall have given the
owner or owners Of said lands five days notice. in
writing, of the filing of such petition before the term
of the court at which the shall be heard and
in case the said owner owners, or any them, are
not residents of this State the said court shall case
Icause1 publication to be made in some newspaper
for six weeks.
SEC. Q. Be it further enacted That in all cases
where jury is appointed for the purpose aforesaid,
it shall be their duty make return of their pro-
ceedings 10 the court of pleas and quarter
sions Of the county, which shall be recorded; and
each of the jury appointed as aforesaid shall De EMIT
led to the sum of one dollar for each day that may
necessarily be employed in laying off said ground;
and the sheriff shall be allowed for summenihg said
iurv the same tees as paid sherfs tor sum
| moninp Jurors to court, which sum shall be paid by
the petitioner or petitioners: PrOside5 That nothing