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 cannal; 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 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 or canal 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. [Amd. 1893, chap. 40, § 4.]

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 thereby 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.:

Turnips.
Wheat

55 pounds.
60

[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. 37.

WORLD'S COLUMBIAN EXPOSITION.

SECTION 1. [Appropriation.]-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 dolars ($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," or so much thereof as may be necessary, the same to be expended and accounted for in accordance with and in a manner provided in section 3, 4, and 5 of this act. [1893, Chap. 41.]

SEC. 2. [Commissioner-General.]-The governor shall immediately on the taking effect of this act appoint one man of known 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 attending 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 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. [Funds, how drawn.]-The appropriation provided for in this act can only be drawn from the state treasurer on estimates made by the commissionergeneral, and no one estimate shall exceed the sum of five thousand ($5,000) dollars 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 provisions of this section, the state auditor is hereby authorized and required to draw his warrant on the state treasury against the funds appropriated in this act, which warrants shall be drawn in favor of the commissioner-general.

SEC. 4. [Salary-Assistants.]-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 traveling 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.

CHAP. 948. "An act to provide for the appointment of a commissioner general, and employees, 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 4536 of the consolidated statutes of Nebraska. [Chap. 94a, Comp. Stats.] Laws 1893, Chap. 41. Took effect April 8, 1893.

SEC. 5. [Report.]--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.