1887_public laws_70_9
CHAPTER 69 An act to provide for the drainage of the swamp lands on Mud creek in Henderson county. The General Assembly of North Carolina do enact :
When in the drainage of the said lands, either by changing the course of the creek'or any tributary thereto, by ditching, canaling, or otherwise, it becomes necessary to enter upon the lands of any owner or resident on the said creek or tributary thereto, the said board of commissioners shall elect three freeholders of the said county to assess the damages incurred by the owner of the said lands entered upon. The said freeholders shall ' at once personally inspect the lands entered upon, and shall assess such actual damages as may be sustained by the owner of the property affected thereby, taking into consideration, in estimating the said damages, the advantages that may accrue to the owner by reason of the drainage of his lands. In five days the said assessors shall make a report to the board of commissioners, who shall cause a copy of the same to be served upon the owner of the said land, with notices to file exceptions to the same with the clerk of the said board within ten days from the date of service thereof. Upon the filing of a bill of exceptions, the board of commissioners shall fix a day for the hearing thereof; and, if the exceptions are not sustained by the said board, the party aggrieved thereby may appeal to the next term of the superior court for Henderson county, by filing bond and giving such notice to the board of commissioners as is required by law in cases of appeal from justices courts; but in no event shall such appeal stay, delay or impede the progress of such work.