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SEC. 8. [Rights and powers of corporations.]-If any corporation organized under the laws of this state for the purpose of constructing and operating canals for irrigating or water power purposes or both, may acquire a right of way over or upon any land for the necessary construction of such canal, including dams, reservoirs, and all necessary adjuncts to said canals in the same manner as provided for persons and companies in this act, and such persons, canal companies, and corporations shall have the same power to occupy state lands with their said canals as is given to railroad corporations by section 105, chapter 16, of the Compiled Statutes of 1887; and such corporations shall also have power to borrow money, and to mortgage all their property and franchises in the same manner and for the same purposes as railroad corporations. And all the laws applicable to railroad corporations in respect to the borrowing of money, issuing of bonds, and giving of mortgages and the manner of so doing, are hereby declared to be applicable to canal or irrigation corporations.

SEC. 9. [Works of internal improvement.]-Canals constructed for irrigating or water power purposes or both are hereby declared to be works of internal improvement and all laws applicable to works of internal improvement are hereby declared to be applicable to such canals.

SEC. 10. [Maintenance.]-The owners or constructors of ditches, canals, works, or other aqueducts and their successors in interest using and employing the same to convey the waters of any stream or spring, whether the said ditches, canals, or aqueducts be upon the lands owned or claimed by them, or upon other lands, must carefully keep and maintain the same, and the embankments, flumes, or other conduits by which such waters are, or may be conducted in good repair and condition, so as not to damage or in any way injure the property or premises of others.

SEC. 11. [Existing rights.]-Nothing in this chapter contained must be so construed as to interfere with or impair the rights to water appropriated and acquired prior to the passage of this chapter. But this reservation in behalf of existing rights. does not exempt such appropriators from liability as provided in the last section.

SEC. 12. [Same-Common rights.]-In case the volume of water in any stream is not sufficient to supply continually the wants for irrigating purposes of the owners or proprietors of land in any district or neighborhood in which customs exist for distributing the waters amongst such owners or proprietors, the waters diverted must in such case be held to be a common right in those accustomed to the participation in the use and enjoyment of such distribution, and such customs must be upheld in all courts as conferring such common right in the same. But this section does not effect any prior vested rights.

SEC. 13. [Irrigation rights.]-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 waters thereof in the order of their location 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 waters 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, 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 been constructed for the purpose of conveying water and selling the same for irrigating 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 eanal; and it is hereby made the duty of the owner or owners of any such ditch or canal to keep the same in good repair, and to 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 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 are personally liable to any one 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.

SEC. 14. [Use of water.]—No person entitled to the use of water from any such ditch or canal, must under any circumstances use more water than good husbandry requires for the crop or crops that he cultivates, and any person using an excess of water is liable to the owner of such ditch or canal for the value of such excess, and in addition thereto, is liable for all such damages sustained by any other person who would have been entitled to the use of such excess of water as fixed by this section.

SEC. 15. [Penalty.]-Any person or persons, who shall unlawfully, or without the consent of the owner of any ditch or channel, where it was placed or left to run, or who shuts or opens any ditch, gate, or dam with intent so to divert any water and there by deprive any person of the use of the same, or who shall cut, break, or in any way injure any ditch, bank, dyke, or flume, or raise any head-gate of any main or lateral ditch, whether he be a water purchaser or not, from the said ditch or lateral, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall for each and every offense, be fined in any sum not exceeding fifty dollars ($50), or shall be imprisoned in the county jail not exceeding thirty (30) days, either or both at the discretion of the court, and shall moreover be liable in a civil action to any person injured thereby in crops or otherwise, in three times the actual damage sustained in consequence of any such wrongful act or acts.

SEC. 16. [Repealing clause.]-Sections 158 and 159 of chapter 16 of the Compiled Statutes of 1887, entitled "Corporations," are hereby repealed.

SEC. 17. [Emergency clause. Act took effect March 27, 1889.]

CHAPTER 94.-WEIGHTS AND MEASURES.

SECTION 1. [Standards-Tons.]-The standard of weights and linear measures shall be the same as that established by act of congress, for the several states, except that the ton shall consist of two thousand pounds.

SEC. 2. [Bushel-Subdivisions.]-A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.

SEC. 3. [Gallon.]—A gallon shall consist of two hundred and thirty-one cubic inches.

SEC. 4. [Pound.]—A pound avoirdupois shall consist of seven thousand grains in Troy weight.

SEC. 5. [Weight of bushel of articles.]-A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:

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Turnips.
Wheat

55 pounds.

60

66

[Amended Laws 1883, chap. LXXXI.]

SEC. 6. [False weights and measures-Penalty.]-Any person who shall knowingly keep false weights or measures, and shall buy and sell articles thereby, shall forfeit and pay, upon conviction, a fine of not less than five nor more than twentyfive dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with the costs of suit.

SEC. 6. As to double damages, see 6 Neb. 87.

CHAPTER 94 a.-WORLD'S COLUMBIAN EXPOSITION.

[Preamble.]-WHEREAS, By an act of congress, the United States purpose, and has provided for celebrating the four hundredth (400th) anniversary of the discovery of America by Christopher Columbus, by holding an inter-national exhibition of arts, industries, manufactories, and the products of the soil, mine, and seas, in the city of Chicago, in the state of Illinois, in the year eighteen hundred and ninety-two (1892), and WHEREAS, Provisions are made and provided in said act that each state and territory in the Union may, and is invited to participate in said celebration and exposition; and, WHEREAS, The location of said exposition is so near the state of Nebraska's door, and all environments so remarkably auspicious to presenting to the best possible advantage, and advertise to the world in substantial manner her products, resources, and possibilities, and thereby extend invitation to capital and population to engage with us in expanding the wealth and greatness of the commonwealth; therefore, Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. [Appropriation.]That, for the purpose narrated in the foregoing preambles, and to defray the necessary expenses thereof, there be and is hereby appropriated from the state treasury, from funds not otherwise appropriated, the sum of fifty thousand dollars ($50,000) or so much thereof as may be found necessary, the same to be expended and accounted for in accordance with the conditions and stipulations as hereinafter provided. Provided, That not to exceed five thousand dollars ($5,000) of this appropriation shall be expended before January 1st, 1892. [1891, chap. 57.]

SEC. 2. [Commissioners.]-That within ten (10) days from the passage and taking effect of this act the governor shall appoint a state commission, to be known as the Nebraska Columbian Commission to consist of six (6) members, two (2) from each of the three (3) congressional districts of the state, and to be selected two (2) from each of three (3) political parties, namely: The independent, democratic, and republican organizations. The governor may, in his discretion, and in like manner in all respects, appoint alternates for each commissioner, who shall assume and perform the duties of commissioner when from any cause his principal may be unable to perform devolving duties.

SEC. 3. [Same—General duties.]-The duties of said commission shall be to have general charge and management in the state at large, in creating for presentation at the said Columbian exhibition at Chicago, a state exhibit of all the industries, products, and resources of the state.

SEC. 4. [Same-Compensation.]-The compensation for each commissioner or alternate, when acting for a principal, shall be five (5) dollars per day for each day actually devoted to such official service as duty may require; and in addition actual traveling expenses while so engaged. Time to be computed while enroute to and from place of meetings or points of work. Compensation to be paid from the appropriation provided in this act.

SEC. 5. [Same-Term of office.]-The term of office for each commissioner and alternate shall be from date of his appointment until the end of the columbian exposition at Chicago, and the closing up of the state work in connection therewith, not to exceed ninety (90) days from the date of the closing of said columbian exposition at Chicago.

SEC. 6. [Commissioner general.]-That within ten (10) days from the passage and taking effect of this act the governor shall appoint one (1) commissioner general, who shall be a man of known experience and of acknowledged fitness and qualification for the duties of such office.

SEC. 7. [Same-Duties-Salary-Assistants.]-The term of office of the CHAP. 94 a. "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." Laws 1891, chap. 57. Took effect Aug. 1, 1891.

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