§ 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 tenant of lands on any stream of water or canal, may, in its discretion, declare and establish the same, or any part of either within the limits and jurisdiction of 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 at the front door of the courthouse and at two or more public places at or near the stream or canal, to the part whereof the petition applies, for thirty days, and by publishing the same once a week for four successive weeks in a newspaper, if one is published in the county. At or before the trial of the cause, any person interested may enter himself a defendant thereto, and the same shall thereafter be proceeded in as other causes.


Code 1950, § 8-870; 1977, c. 624.


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