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along the line of said ditch or canal. Second: After those through whose land the ditch or canal runs those upon either side of the line of the ditch or canal are entitled to the use of the water thereof, those equally distant from the line of said ditch or canal are entitled to priority in the order of their location along the line of said ditch or canal; Provided, That in times of scarcity of water the same shall be equally distributed to the consumers thereof; Provided further, That in times of scarcity Sety of of water the same shall be equally distributed to the consumers thereof, and the price to be paid for such water shall be reduced in proportion with the reduction of the supply so furnished, and when no water is furnished no claim shall be allowed for water rent.

Scarcity

water; wa e

rent.

of canal.

Provided, That the owners or cultivators of such lands pay the usual and customary rates for the use of said water, and whenever any ditch or canal has Changing line been constructed for the purpose of conveying water and selling the same for irrigation purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or canal so as to prevent or interfere with the use of water from said ditch or canal by any one who, prior to the proposed change had used water for irrigating purposes from said ditch or canal; and it is hereby Duties of canal made the duty of the owner or owners of any such ditch or canal to keep the same in good repair, and cause the water to flow through said ditch or canal to the extent of its capacity, if so much be needed during the entire time that water is necessary for irrigating purposes; Provided, That the river, creek, canyon, ravine, or spring, from which the water is

owners.

Damages for failure to furnish water.

Repealing clause.

Emergency.

taken, furnishes an amount of water sufficient for such purposes, subject to the appropriation of the owner or owners of such ditch or canal. For a failure to cause the water to flow as aforesaid the owner or owners, or lessees of any such ditch or canal are personally liable to anyone for any damages resulting from such failure, and in addition to such personal liability, such damage is a lien upon such ditch or canal which lien continues in force until such damages are paid.

SECTION 5. That Sections 2032, 2037 and 2059 of Chapter 24, Consolidated Statutes of Nebraska, of 1891, are hereby repealed.

SECTION 6. Whereas, an emergency exists this act shall take effect and be in force from and after its passage.

Approved March 31, 1893.

CHAPTER 41.

[House Roll No. 268.]

Appropriation

for World's Columbian Exposition.

AN ACT to provide for the appointment of a commissioner general, and employes, and for the necessary expenses to be incurred in the presentation of the products, resources and possibilities of the State of Nebraska at the World's Columbian Exposition to be held at the city of Chicago in 1893, and for the repeal of section 4,536 of the Consolidated Statutes of Nebraska.

Be it Enacted by the Legislature of the State of
Nebraska:

SECTION 1. That for the proper presentation of the products, resources and possibilities of the State of Nebraska at the Columbian Exposition to be held in the city of Chicago in 1893, there be

and is hereby appropriated out of any money in the State treasury, not otherwise appropriated the sum of Thirty-five Thousand Dollars ($35,000) in addition to the amount now unexpended of the appropriation made under and by virtue of the act passed and approved March 27, 1891, Entitled "An act to provide for a presentation of the products, resources and possibilities of the State of Nebraska at the World's Columbian Exposition to be held at the city of Chicago, Illinois,” or so much thereof as may be found necessary, the same to be expended and accounted for in accordance with and in a manner provided in sections 3, 4 and 5 of this act.

Commissioner pointment;

SEC. 2. The governor shall immediately on the general; aptaking effect of this act appoint one man of known duties; bond. and acknowledged qualifications and fitness, who shall be known as the commissioner general. He shall devote the whole of his time to the duties of the position during his term of office. He shall have sole and exclusive charge of the management, collecting, presenting and dismantling of the products and industries of the State at the said Columbian Exposition at Chicago. His term of office shall be from date of appointment until the end and closing up of the Exposition, and its attendings labors, not to exceed sixty days from the closing of the Exposition. He shall at the close of his work render to the governor a full, complete and concise report of his duties, and shall at any time, when called upon by the governor, render a report of the condition and progress of his labors, which report shall be printed in some newspaper of general circulation in the state. He shall be

Appropriatious; how drawn.

Commissioner general; salary; assistants.

Report.

the sole receiving and disbursing officer through whose hands all moneys drawn and expended must pass. He shall give bonds approved by the governor in a sum not less than thirty-five thousand dollars. ($35,000.)

SEC. 3. The appropriation provided for in this act can only be drawn from the state treasurer on estimates made by the commissioner general and no one estimate shall exceed the sum of five thousand ($5,000) except in a case of emergency, and then only on approval by the governor, showing the items of expenditures paid by him, giving the date paid, to whom and for what purpose, each item has been paid. Each estimate shall be accompanied by a detailed statement of the expenditures with proper vouchers. On compliance with the foregoing provision of this section the state auditor is hereby authorized and required to draw his warrants on the state treasury against the funds appropriated in this act, which warrants shall be drawn in favor of the commissioner general.

SEC. 4. The commissioner general shall receive a salary of two thousand dollars ($2,000) per annum, payable quarterly from the moneys provided for in this act, and in addition his travelling expenses for each day devoted to his official services, as duty may require. He is authorized and empowered to appoint assistants, and employ such clerical and other force as he may find necessary for the successful presentation of his work, the same to be paid from the funds appropriated by this act.

SEC. 5. At the close of his service the commissioner general shall render to the governor a full

detailed statement and history of all his actions in pursuance of his duties, which shall include a complete financial statement of receipts and expenditures and a complete catalogue of the exhibits presented at the columbian Exposition by this state.

clause.

SEC. 6. That section 4536 of the consolidated Repealing Statutes of 1891 be and the same is hereby repealed.

SEC. 7. Whereas, an emergency exists, this act Emergency. shall be in force on and after its passage.

Approved April 8, A. D. 1893.

CHAPTER 42.

[House Roll No. 49.]

AN ACT to enable judgment debtors to dissolve the general lien of judgments pending proceedings of appeal or error.

Be it Enacted by the Legislature of the State of
Nebraska:

general lien of judgment;

money deposit;

bond, etc.

SECTION 1. In all cases wherein the judgment Dissolving of any court, for payment of money only, which now is, or may hereafter be a general lien on property of the judgment debtor, and the debtor proposes to take proceedings in error, or by appeal for review of such judgment, he may deposit in the court in which such judgment is rendered the full sum of such judgment, interest and costs, there to abide till termination of such appellate proceedings, and may file bond in such sum as the court or judge thereof may determine with sureties to the approval of the clerk of such court, conditioned to pay interest on the judgment debt and costs to

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