CHAPTER 93.-WARRANTS.

SECTION 1. [Warrants, when payable.]—All warrants upon the state treasurer, the treasurer of any county, or any municipal corporation therein, shall be paid in the order of their presentation therefor. [1871, § 1, 113. G. S. § 1, 891.]

SEC. 2. [Warrant register.]—The treasurer of this state, and the treasurer of every county and every incorporated city or town therein, shall keep a warrant register, which register shall show, in columns arranged for that purpose, the number, date, and amount of each warrant presented and registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of the payment, amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed, as hereinafter provided. SEC. 3. [Warrant-Registration-Endorsement.]—It shall be the duty of every such Treasurer upon the presentation of any warrant for payment, in presence of such person, to enter such warrant in his warrant register for payment in the order of its presentation, and upon every warrant so presented and registered he shall endorse “registered for payment" with the date of such registration, and shall sign such endorsement; Provided, That all warrants outstanding at the time this act takes offect shall be presented for payment or registration by August first (1st), 1891, and shall not draw interest after such date unless so presented. [Amended 1891, chap. 56.]

SEC. 4. [Separate package for each warrant-Notice.]-It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn, such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package.

SEC. 5. [Treasurer's receipts for money paid.]-The state treasurer shall make triplicate receipts, under the seal of his office, for all sums which shall be paid into the treasury, showing the amount paid in to the credit of each separate fund, in cash and in warrants separately, two of which receipts he shall deliver to the person making such payment, and the person making such payment shall deliver one of such receipts to the auditor who shall credit such person accordingly, and the treasurer shall retain one of said triplicates in his office.

SEC. 6. [Receipts by county treasurer.]-Every county treasurer shall make out triplicate receipts, for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash or warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the person making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.

CHAP. 93. "An act to prescribe the duties of the state treasurer, of the treasurer of counties and of other municipal corporations in certain cases, and to enforce their performance." Laws 1871, 113. Took effect May 1, 1871. Chap. 65, G. S. 891. Sec. 1, cited 10 Neb. 31.

SEC. 7. [Receipts by city treasurer.]-The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columus show the amount received to the credit of each separate fund, and whether the same was paid, in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office.

SEC. 8. [Treasurer's duties-Cash book-Register.]-Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered he shall close the account for that year in such register, and shall carry forward

the excess.

SEC. 9. [Failure to keep books-Penalty.]-Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as required by this act, for the space of three days, shall forfeit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and onehalf to the school fund of the county in which such action is brought.

SEC. 10. [Inspection of books.]-The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.

SEC. 11. [Failure to notify-Penalty.]--Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent. on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.

SEC. 12. [Failure to register or pay-Penalty.]—Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

SEC. 13. [Issuing duplicate warrant.]-Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued be him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875, § 1, 176.]

SEC. 12. Treasurer not liable for penalty for failure to register prior to the expiration of ten days after warrant is issued. 23 Neb. 434. See sec. 33, Art. 1, Ch. 18.

CHAPTER 93 a.-WATER RIGHTS AND IRRIGATION.

ARTICLE I.-WATER RIGHTS.

SECTION 1. [Right, how acquired.]-The right of the use of running water, flowing in a river or stream or down a canyon or ravine, may be acquired by appropriation by any person or persons, company, or corporation organized under the laws of the state of Nebraska; Provided, That in all streams not more than fifty feet in width the rights of the riparian proprietors are not affected by the provisions of this act. [1889, chap. 68.]

SEC. 2. [Same.]—The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose, the right ceases.

SEC. 3. [Crossing land-Consent of owner.]-No tract of land shall be crossed by more than one ditch, canal, or lateral without the written consent and agreement of the owner thereof, if the first ditch, canal, or lateral can be made to answer the purpose for which the second is desired or intended.

SEC. 4. [Exemption from taxes.]-All ditches, canals, or laterals used for the purpose of irrigation shall be exempt from all taxation, whether for state, county, or municipal purposes.

SEC. 5. [Extensions.]-The person, company, or corporation entitled to the use may change the place of diversion if others are not injured by such change, and may extend the ditch, flume, or aqueduct by which the diversion is made to places beyond that where the first use was made.

SEC. 6. [Diversion.]—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.

SEC. 7. [Priority of rights.]-As between appropriators the one first in time is first in right.

SEC. 8. [Appropriation-Notice.]—A person, company, or corporation desiring to appropriate water must post a notice in writing in a conspicuous place at the point of the intended diversion, stating therein: 1st. That he, they, or it claims the water there flowing to the extent of (giving the number) inches, measured under a four inch pressure, and accurately describing the point of diversion. 2nd. The purpose for which he, they, or it claim it and the place of intended use. 3rd. The means by which he, they, or it intend to divert it, and the size of the flume, ditch, pipe, or aqueduct in which it is intended to divert it. A copy of the notice must within ten days after it is posted be recorded in the office of the county clerk of the county in which it is posted.

SEC. 9. [Construction of work.]-Within sixty days after the notice is posted the claimant must commence the excavation or construction of the works in which it is intended to divert the water, and must prosecute the work diligently and uninterruptedly to completion unless temporarily interrupted by snow or rain.

SEC. 10. [Same-Completion.]-By completion is meant conducting the water to the place of intended use.

SEC. 11. [Right to use water.]--By compliance with the above rules, the claimant's right to the use of water relates back to the time the notice was posted.

SEC. 12. [Same-Failure.]—A failure to comply with such rules deprives the claimant of the right to the use of the water as against a subsequent claimant who complies herewith except as provided in the next section.

CHAP. 93 a. "An act to provide for water rights and irrigation, and to regulate the right to the use of water for agricultural and manufacturing purposes and to repeal sectious 158 and 159 of chapter 16 of the Compiled Statutes of 1857, entitled "Corporat ions." Passed and took effect Mar. 27, 1889. Laws 1589, chap. 68.

SEC. 13. [Former rights.]-All ditches, canals, and other works heretofore made, constructed, or provided, by means of which the waters of any stream have been diverted and applied to any beneficial use must be taken to have secured the right to the waters claimed to the extent of the quantity which said works are capable of conducting and not exceeding the quantity claimed without regard to, or compliance with the requirements of this chapter.

SEC. 14. [Proceedings to perfect rights.]—Persons who have heretofore claimed the right to water and who have not constructed works in which to divert it, and who have not diverted it nor applied it to some useful purpose, must after this title takes effect and within ninety days thereafter, proceed as in this title provided, or their right ceases.

SEC. 15. [Record.]-The county clerk of each county must keep a book in which he must record the notices provided for in this title.

ARTICLE II.-RIGHT-OF-WAY FOR DITCHES.

SECTION 1. [Use of water for irrigation.]—All persons, companies, and corporations, owning or claiming any land situated on the banks or in the vicinity of any stream are entitled to the use of the waters of such stream for the purpose of irrigating the land so held or claimed.

SEC. 2. [Right of way.]-When any such owners or claimants to land have not sufficient length of frontage on a stream to afford the requisite fall for a ditch, canal, or other conduit on his own premises for the proper irrigation thereof, or where the land proposed to be irrigated is back from the banks of such stream, and convenient facilities otherwise for the watering of said lands can not be had, such owner or claimants are entitled to a right-of-way through the lands of others for the purpose of irrigation; Provided, That in the making, constructing, keeping up, and maintenance of such ditch, canal, or conduit through the lands of others, the person, company, or corporation proceeding under this section, and those succeeding to the interests of such persons, company, or corporation, must keep such ditch, canal, or conduit in good repair, and are liable to the owners or claimants of the lands crossed by such work or aqueduct for all damages occasioned by the overflowing thereof, or resulting from any neglect or accident (unless the same be unavoidable) to such ditch or aqueduct.

SEC. 3. [Same-Proceedings.]-In case of the refusal of the owners or claimants of any lands through which such ditch, canal, or other works are proposed to be made or constructed to allow the passage thereof, the person, company, or corporations desiring the right-of-way may present to the county judge of the county in which said lands are situated, a petition describing the lands to be crossed, the size of the ditch, canal, or works, the quantity of land which is required to be taken, and setting forth the names of the owners or parties interested in the lands to be crossed, and praying for the appointment of five appraisers, disinterested freeholders of said county to ascertain the compensation to be made to such owners or parties interested. Upon the filing of said petition the county judge must give notice by publication in a newspaper of general circulation in said county, if there is such printed in said county, or if there be none, by posting such notice in three (3) of the most public places in the county, one of which must be at the county seat, that at a time and place specified in said notice, said petition will be heard and said appraisers appointed, unless good cause be shown by the parties adversely interested, why the said petition should be denied. Said notice must be published or posted for not less than thirty (30) days prior to the hearing thereof, and the expenses of the publication or posting of the same must be defrayed by the petitioners.

SEC. 4. [Same-Appraisers-Duties-Decision-Appeal.]—The said appraisers must, before entering upon the duties of their office, take an oath to faithfully and impartially perform the duties as such appraisers, and make a true and just awar of the amount of compensation to be paid for the right of way over, and use of the lands

to be crossed by such ditch, canal, or other conduit. They must hear the allegations and proofs offered by the respective parties and after viewing the lands and premises, ascertain and certify the amount of compensation which in their judgment it is just and proper to make to the parties owning or interested in the lands to be crossed for the use of the same, and for damages, if any, on account of injury to other portions of the tract of land of any owner or interested party, after making allowance and deducting for real and direct benefits which such owner or party interested will derive from the making of such ditch, canal, or other works. The appraisers or a majority of them must subscribe to such certificate and the same must be filed with the county judge, who upon the payment of the fees therefor shall cause a certified copy to be recorded, together with all the proceedings had in the office of the county clerk and upon the payment of the compensation and damages, if any, or the tender thereof to the proper parties, or in the absence of such parties from the county, then upon the deposit of the amount in the county treasury to the credit of the said parties, the persons, company, or corporation petitioners have the right on entry upon and of way for the proposed ditch, canal, or other works; Provided, That either party may have the right to appeal from such assessment of damages to the district court of the county in which said lands are situated within sixty days after such assessment is filed as aforesaid. And in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the county clerk to be filed and recorded in his office. But such appeal shall not delay the prosecution of the works upon said ditch, canal, or works, if such persons, company, or corporation shall first pay or deposit with such county treasurer the amount so assessed by said appraisers such persons, company, or corporation shall in all cases pay the costs of the first assessment; Provided, That if on appeal the appellant shall not obtain a more favorable judgment and award than was given by said appraisers, then such appellant shall be adjudged to pay all costs made on such appeal; Provided further, That either party may appeal from the decision of the district court to the supreme court of the state, and the money so deposited shall remain in the hands of the county treasurer, until a final decision be had subject to the order of the supreme court.

SEC. 5. [Machines for raising water.]—All persons, companies, and corporations owning or having the passory or other title or right to lands adjacent to any stream, have the right to place in the channel of or upon the banks or margins of the same rams or other machines for the purpose of raising the waters thereof to a level above the banks, requisite for the flow thereof to and upon the adjacent lands, and the right of way over and across the lands of others for conducting said waters may be acquired in the manner prescribed in the last two sections.

SEC. 6. [Right of way.]-Where the owners of any spring or stream or the appropriators thereof desire to conduct the waters thereof to any lands for purposes of irrigation or to any city or town for the use of the inhabitants thereof, or to any res ervoir for the purpose of storing said waters for irrigation purposes, or to any factory. or to any distant place with the intent to apply the same to a beneficial use, and to accomplish such object it is necessary to cross with ditches, flumes, or other conduits the lands owned or occupied by others than the owners or appropriators of such spring or stream the right of way over and across the land of others for conducting such water and the condemnation of land for reservoirs for storing said waters for irrigation purposes may be acquired in the manner above described.

SEC. 7. [Enlargement of ditches-Damages.]—If the owner of any irrigation ditch or canal requires or deems it necessary to enlarge any such ditch or canal, such owner shall be permitted to do so on reasonable terms, and in case the said owner of such ditch or canal and the owner or claimant of the lands abutting said ditch or canal cannot agree as to terms for such enlargement, then the damage, if any, to the owner or claimant of said lands shall be ascertained in the same manner provided for by the appraisers in sections three (3) and four (4) of this title.