Section 18-2-16

Proceedings when construction of canal or ditch through adjoining lands necessary.

When such land joins other lands and it is necessary for the erection of the mill, gin or factory to dig a ditch or canal through such other lands, the application must be made to the court of probate of the county in which the lands, through which the ditch or canal is proposed to be dug, lie, and the writ must be obtained, inquest held, notice given, inquest returned, the owners of other lands summoned to show cause, the application granted or refused and damages paid in the same manner as in other cases provided for in this chapter.

(Code 1852, §2107; Code 1867, §2499; Code 1876, §3573; Code 1886, §3199; Code 1896, §1742; Code 1907, §3903; Code 1923, §7522; Code 1940, T. 19, §48.)