Section 18-2-12

Denial or grant of application.

If on the day appointed to show cause, or any other day to which the matter may be continued, it appears to the court from the inquest or from evidence introduced that the residence of any owner, or the outhouses, inclosures, garden or orchard immediately belonging thereto, will probably be overflowed, or that the health of the neighborhood will probably be endangered, or that any other mill, gin, factory or waterworks will probably be overflowed, the court must not grant the application; but, if such results will not probably ensue, the application must be granted.

(Code 1852, §2103; Code 1867, §2495; Code 1876, §3569; Code 1886, §3195; Code 1896, §1738; Code 1907, §3899; Code 1923, §7518; Code 1940, T. 19, §44.)