Now parties. Jurors. Challenge of jurors; filling panel. SEC. 12. Should it be necessary at any time or stage of the proceedings to bring a new party before the judge or court, the judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and just, and shall have power to make all such necessary rules and orders for notice to parties of the pendency of the proceedings, and to issue all necessary process for the execution of orders and judgments as may be considered necessary by the court. SEC. 13. In cases fixed for hearing petitions, it shall be the duty of the county judge at the time of issuing summons, or making publication, to write the names of eighteen disinterested freeholders of the county on eighteen separate slips of paper and in the presence of two disinterested freeholders of the county, cause to be selected from the eighteen names, six of such persons to act as jurors, such selection to be made by him by lots and without choice or discrimination; and the county judge shall thereupon issue a venire directed to the sheriff of his county commanding him to summon the six persons so selected as jurors to appear at the court house in such county at the time set for the hearing. SEC. 14. The petitioner or petitioners and every party to the proceedings interested in ascertaining the amount of compensation shall have the same right of challenge of jurors as in other civil cases in the county court. If the panel be not filled by reason of non-attendance or by being exhausted by challenge the judge hearing such petition shall designate by name the necessary number of persons having the qualifications of jurors prescribed by this act, and the judge shall issue another venire returnable in stanter until the jury be filled. SEC. 15. When the jury is so selected the court Oath of jurors. shall cause the following oath to be admininistered to them "You and each of you, do solemnly swear (or affirm) that you will well and truly ascertain and report just compensation to the owners (and each owner) of the property that is sought to be damaged in this case and to each person therein interested according to the facts in the case as the same may appear by the evidence in the case, and that you will truly report such compensation as ascertained" So help you God." SEC. 16. The jury shall go upon the land sought Duties of jury. to be taken, in person and examine the same, and after hearing the evidence in the case, that may be offered, make their report in writing to the court, and the same may be subject to amendment by the jury under the direction of the court, so as to be clearly set forth and shown, the compensation ascertained to each person thereto entitled. SEC. 17. The judge shall upon such report pro- Judgment. ceed to adjudge and make such order as to right and justice shall pertain ordering the petitioner or petitioners or persons authorized by law to enter upon said property, and the use of the same upon the petitioner or petitioners, or other persons interested, paying the full compensation as ascertained as aforesaid, if any is found by the jury; and such order, with evidence of rayment, shall constitute complete justification for the taking of such property for the purposes aforesaid. SEC. 18. Any person not made a party, may Intervenors, become such by filing his cross-petition, setting Appeals. Entry on land pend ng appeal. Payment of damages. forth and showing that he is the owner of or has an interest in the property which is asked to be taken or damaged by the proposed work, and the right of such last named petitioner or petitioners shall thereupon be fully considered and determined. SEC. 19. In all cases an appeal may be taken from the county court to the district court and from the district court to the supreme court on error as in other cases of appeals and error from said courts as now provided for by law. SEC. 20. In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal, or take error from such proceedings, the petitioner or petitioners shall, notwithstanding, have a right to enter upon the use of the property upon entering into a bond with sufficient security payable to the party interested in such compensation, conditioned for the payment of such compensation as shall be finally adjudged in the case, and in case of appeal or error by petitioner or petitioners, they shall enter into like bond with approved security; said bond shall be approved by the judge before whom the proceedings were had or the clerk of said court and executed and filed with said judge. or clerk at such time as is now fixed by law in other cases. SEC. 21. Compensation so adjudged may in all cases be paid into the court, before whom the proceedings were had, and the clerk or county judge shall on demand pay the same to the party entitled thereto, taking a receipt for the same; or payment may be made directly to the party entitled to re ceive the same by the petitioner or petitioners or persons adjudged to pay the same. proceedings. SEC. 22. The judge shall cause the verdict of Record of the jury and the proceedings of the court to be en*tered upon the records of said court. SEC. 23. The person or persons constructing Entry on lands. such drain or ditch or levee may go upon the lands of the owners with their servants, teams, tools and instruments and may forever thereafter go upon said lands as aforesaid for the purpose of repairing and keeping such ditch or drain in order, doing no more damage than the necessity of the occasion may require. clause. SEC. 24. That all acts and parts of acts in con- Repealing flict herewith are hereby repealed. Approved March 23, A. D. 1893. CHAPTER 40. [Senate File No. 194.] AN ACT to promote the development of water power for manufacturing and other industrial purposes, and to amend Sections 2032, 2037 and 2059 of Chapter 24, Consolidated Statutes of Nebraska, 1891. Be it Enacted by the Legislature of the State of 2032, Consol. be Sat, 188, sec. 1, art. 1, chap 938, 1891. to Comp. Stats., or Appropriation SECTION 1. That Section 2032 of Chapter 24, Amending sec. Consolidated Statutes of Nebraska, 1891, amended so as to read as follows: The right the use of running water flowing in any river stream or down any canyon or ravine, may be acquired by appropriation by any person, company or corporation, organized under the laws of the of running water. Irrigation canal defined. Amending sec. Amending sec. 2059, Consol. Stats, 1891; chap. 93a, Comp. Stat., 1891. Rights to use of water for irrigation. State of Nebraska; Provided, That in all streams not more than twenty (20) feet in width, the rights of the riparian proprietor shall not be affected by the provisions of this act. SECTION 2. Any canal constructed for the purpose of developing water power, or any other useful purpose, and from which water can be taken for irrigation, is hereby declared to be an irrigation canal, and all laws relating to irrigation canals shall be deemed applicable thereto. SECTION 3. That Section 2037 of Chapter 24, Consolidated Statutes of Nebraska, 1891, be amended so as to read as follows: The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream, than that from which it is taken or appropriated, unless such stream exceeds in width one hundred (100) feet, in which event not more than seventy-five (75) per cent. of the regular flow shall be taken. SECTION 4. That Section 2059 be amended to sec. 13, art. 2, read as follows: In case any person, company or corporation has constructed a ditch for the purpose of diverting the water of any river, creek, canyon, ravine or spring, for the purpose of selling the water thereof for irrigating purposes, the owners or cultivators of said land along the line of and covered by said ditch or canal are entitled to and have the right to the use of water from said ditch or canal for the purpose of irrigating said land so owned or cultivated in the following order: First: All persons through whose land such ditch or canal runs are entitled to the use of the water thereof in the order of their location |