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He is entitled to the water sufficient to fill his canal or ditch, as it existed at the time of the subsequent appropriation. ld.

14. The right of the first appropriator of water is equally protected from damage occasioned by locators above as well as below him. Hill v. King. 8 Cal. 336.

15. A complaint that plaintiffs had, for a long time, conveyed water from a stream for mining purposes, by means of a ditch, and had thus acquired a prior right to the enjoyment and use of the water, and were in the peaceable possession thereof, wben defendants wrongfully diverted the same and deprived plaintiffs thereof, and were continuing so to do, is sufficient to maintain a prayer for an injunction. Tuolumne W. Co. v. Chapman, 8 Cal. 392.

16. Where defendants bad constructed a ditch for mining purposes, and plaintiffs had subsequently constructed another, taking its water from the same stream, and brought suit for damages sustained by reason of the enlargement of defendant's ditch, made after the commencement of plaintiff's ditch, causing a diversion of a greater quantity of water; and praying for an injunction; Held, that defendants are not limited to the quantity of water turned into their ditch in the first instance, unless by the plan, size and grade

of the ditch it was not capable of carrying more water than was then diverted. White v. Todd's Val. W. Co. 8 Cal. 443.

17. A person has no right to construct a ditch through the inclosure of another without his consent. Weimer v. Lowery, 11 Cal. 104.

18. Water is not abandoned by turning it from an artificial ditch into a natural water-course for the purpose of conducting it to another point to be there used, but may be taken out and used by the party thus conveying it; so that he does not in doing so diminish the quantity of the natural waters of the stream to tho injury of previous appropriators. Butte Canal and Ditch Co. v. Vangbn, 11 Cal. 143.

The burden of proof devolves on the party thus mingling the waters. Id. 19. The first appropriator of the water of a stream passing through public lands, has the right to the use and enjoyment, to the extent of his original appropriation; and its quality can not be impaired so as to defeat the purposes of its appropriation. To this extent his rights go and no further. Subsequent appropriations may make such use of the channel of the stream as they think proper in subordination to those rights. Id.

See Mixing Laws.

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WEIGHTS AND MEASURES.

p.735

See now act blh do talo Act of April 12, 1858.

346 +63 1.73 Sec. 1. Section fourteen of the act passed March thirtieth, one thousand eight hundred and fifty, entitled an act to establish a standard of weights and measures, is hereby amended so as to read as follows:

Art. 536, Sec. 14. The secretary of state shall be, ex officio, state sealer of weights and measures; and he is hereby required to appoint a sufficient number of deputy or county sealers, not to exceed one in each county, who shall perform the duties required under the existing acts regulating weights and measures, now in force, or which may hereafter be in force, in this state. The deputies, or county sealers, shall hold office for two years after their appointment.

Sec. 2. Section first of the act passed April thirtieth, one thousand eight hundred and fiftythree, to amend the act to establish a standard of weights and measures, passed March thirtieth, one thousand eight hundred and fifty, is hereby amended so as to read as follows:

Sec. l. It shall be the duty of each and every deputy or county sealer, who may be appointed under section first of this act, to procure, at the expense of the county in which he may be appointed, a complete standard of weights and measures, in conformity with that established by the congress of the United States, which shall consist of a yard, a pound weight, liquid gallon, and a half-bushel, and the usual subdivisions of such weights and measures; the said standards to be examined and certified to by the secretary of state, who shall procure, at the expense of the state, a complete standard of weights and measures, in conformity with this act.

Sec. 3. All persons using any weights, measures, or beams, by which any commodity or article of trade or traffic is weighed or measured, shall have the same certified to by the deputy or county sealer, at least once in each year. And any person hereafter using any such weights, measures, or beams, not conformable to the standard of the county in which such weights, measures, or beams, are used; or, without having such weights, measures, or beams, first certified to as aforesaid, shall be liable to a criminal prosecution therefor, and, upon conviction, shall be fined in any sum not less than twenty-five nor more than two hundred dollars for each and every offense. Said fines shall be paid to the county treasurer, for county purposes.

Sec. 4. It is hereby made the duty of the deputy or county sealers, to report immediately to the district attorney of the county for which they may act, all violations of section three of this act that may come to their knowledge, whose duty it shall be to prosecute all persons so offending.

Sec. 5. The deputy or county sealers, shall have power to inspect, at any time in the daytime, all such weights

, and measures, or beams, at or in the places they are so used. And any person refusing to allow such inspection, upon reasonable request, shall be liable to the penalties of section three of this act.

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WILLS.

1. The strictness of the rules of the civil law, requiring five, or at least three witnesses to a will, was relaxed in favor of remote districts. Castro v. Castro, 6 Cal. 158.

By the customs of California, under Mexican rule, which have the force of law, two witnesses were sufficient to a will. Id.

2. It seems there never was a probate court in California, prior to the organization of the state, and that probate of a will was unknown. Id.

A will takes effect on proof of its execution, in the absence of a statute requiring it to be probated. Id.

3. After twenty years' ncquiescence in the terms of a will, an heir should not be allowed to dispute his own acts, or to contest the will on abstract points of law which never had force in California. Id.

4. The several statutes of this state relating to wills, do not apply to wills executed previous to their passage. There is no provision for the probate of such wills, and they must rest for their validity upon the laws under which they were made, Tevis v. Pitcher, 10 Cal. 465.

5. Where a will was attested by two witnesses, and made before a person who was a sindico; the sindico was a competent witness. Id.

6. Whero the testator and witnesses to a will are dead, proof of the signature of the witnesses and of the testator will be sufficient evidence of its execution. Id.

IN D E X.

..... 878

74

68

Page. Art.

Page. Art. ABANDONMENT. Judicial decisions rela

AGRICULTURE. Annual appropriation of tive to............

925
$6000 to state society....

878 10 ACADEMIES. Arms, etc., may issue to...... 1061 337 Duty of secretary of society in reporting, ACCOUNT. Limitation of action on..

875 1
etc..........

10 Certain, for liquors, etc., prohibited........ 924 123 Repeal of certain sections of act of 1854... 878 10 ACCOUNT STATED. Judicial decisions con

Societies for ; how incorporated; powers ; cerning.....

925
officers; membership...........

879 12 ACTION-CIVIL. Limitation of................. 875

Debts; liabilities of managers....... ....... 879 13 On open account limited to two years.... 875 1 Certificate of incorporation................... 879 14 Against revenue officer to six months...... 875 2

Cannot be sued for premiums.......

879 14 Where may be tried

915 94 Corporations for purposes of. Quantity of Only one action for debt secured by

land which may be held. How formed. 906 mortgage, etc................ ............. 920 110 ALAMEDA COUNTY. Fees in..................... 996 Survey of land, for purposes of.............. 920 110 ALCOHOLIC LIQUORS. See SPIRITUOUS LIForm of, etc. Judicial decisions on......... 025

QUORS. See COURTS OF JUSTICE-CIVIL PRACTICE.

AMADOR COUNTY. Fees of public adminisACKNOWLEDGMENTS. Certain, informal,

trator......

876 4 legalized ......

............ 896
Election of officers in..

907 75 How defective may be corrected............. 897 70 Fees in....

.........

979 171 ACTS. When to take effect, construction, etc. 876 3 Representation in legislature........ .....1057 323 ADMINISTRATOR-PUBLIC. Fees in cer

APPEAL. In civil cases.

When may be tain counties.............. ..................... 876 4 taken......................................

920 113 Coroners to act as, in certain counties.... 876 5 In justices' courts..............

........ 923 121 Disposition of unclaimed funds in hands

Judicial decisions concerning............. 928 of............

876 6 In criminal cases. From justices', mayors' Duty of probate judge and district attor

and recorders' courts, to be transferred ney in such case...

877 6

to county court...... Office abolished in Tuolumne and Santa

APPRENTICES. See INFANCY. Barbara counties....

877 7 ARBITRATION. Judicial decisions concernEstates in said counties, how adminis

ing..........

930 tered...

877 7 ARMS, etc. May be issued to students of Fees of district attorney in such cases.... 877 7

colleges, etc.........

.........1061 337 Certain informal sales by, confirmed...... 877 8 ARREST. In civil cases. Judicial decisions Bond, amount and form....

877 9
OD .........

930 Bond, in Yolo county......

889 45 In criminal cases. Proceedings on in jusIn Merced, Tulare, and Fresno....... 889 47

tices' courts..

955 130 In San Luis Obispo, San Diego, and Placer 890 51 ARSON. Indictments for to be transferred Bond, in Klamath, Del Norte and Humboldt

to district court...........

954 128 counties ... 890 49 Same..........

911 89 Not required to obtain letters of admin.

ASSAYER OF ORES AND METALS. Ap. istration......

877 9 pointment; qualifications; term; bond. 880 15 Administration of oaths by.................... 973 155 Duties and compensation......

880 16 Fees of officers to be paid out of estate.... 973 155 ASSEMBLY. See LEGISLATURE. ADMINISTRATOR. Resignation of, and ap

ASSESSOR-COUNTY. Bonds in Klamath, pointment of special administrator...... 973 154 Del Norte and Humboldt counties....... 890 49 Judicial decisions concerning............... 927

Bond in El Dorado county....

53 ADULTERATED LIQUORS. Sale of prohibit

Bond in San Diego and San Bernardino ed, and how punished.........

962 141
counties..........

889 48 ADVERTISEMENTS, etc. For causing mis.

Term of office.........

880 17 carriage, etc.; how punished......

...... 961 137

See REVENUE.
AFFIDAVITS. Certain legalized...............1047 304 ASSIGNMENT. Judicial decisions concern-
Of possessory claims to land..................1047 305 ing..........

930 AGENCY. Judicial decisions concerning..... 928

........ 954 129

........ 891

..... 888

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44

Page. Art.

Page. Art. ASSOCIATIONS. Religious, charitable, etc.

AUCTIONEER. (Continued.) How incorporated; powers and privi

Horse auctioneer to keep register, etc.; leges.........

880 18 memorandum book ......... Women may form. Effect on property

Duty of county treasurer in paying over of husband...

881 19
moneys........

888 43 Officers. Rules and regulations............ 881 20 Disposition of moneys received from aueQuantity of land which may be held...... 881 21

tion duties.................

............. 888
Sale of renl estate of.............................. 881 22 AUDITOR-COUNTY. Duties relative to auc-
For cemetery purposes.....

........1009 222
tion licenses.....

887 ST ASYLUM-INSANE. Trustees; their powers

Separated from county clerk in Placer and duties......

882 23
county...........

891

54 Resident physician; election ; qualifica

Separated from county clerk in Shasta tions; term; salary....

882 24
and Sierra counties.

............. 894 62 Duties and powers.....

.............. 882 25 Fees in certain counties........................ 988 Assistant physician; election; qualifica

See REVENUE. tions; duties; salary...

883

26 AWARD. Judicial decisions concerning...... 930 Expenses, how paid. Supplies, how furnished ..........

883 27

B
Procoedings to commit insane to ............ 883 28
ASYLUM-DEAF, DUMB, AND BLIND.

BAIL. In casos of contempt............. 922 117 Trustees; appointment; terms; to cause

Judicial decisions concerning............... 930 building to be erected, etc.................. 884 29 BEACH AND WATER LOTS. See LAND. Oath and bonds. President and secretary 884 30 BEEF. Act for inspection of............ ........1029 262 Plans; proposals and contract for build

BLIND. Asylum for, established............... 884 ing...........

885 31

See ASYLUM. Bonds of contractor; payment to con

BOARD OF EQUALIZATION. See REVENUE. tractor; quorum for business ............. 885 31 BOARD OF EXAMINERS-WAR. How com$10,000 appropriated for............. 885 82

posed....

965

144 Duty and powers of trustees. Duty of

Clerk. Salaries. Claims, how audited... 966 144 governor to appoint successors............ 885 33 BOARD OF EXAMINERS CIVIL. Seo ATTACHMENT, in civil action, how and

TREASURER-STATE. when issued..........

918 105 BOARD OF STATE PRISON DIRECTORS. Discharge of ........................................ 918 106

See PRISON.
In Justices' Courts............................... 922120 BOARD OF SUPERVISORS. To fix bonds
Judicial decisions concerning................. 931

of justices and constables................. 889 46 ATTORNEY, who may be admitted to the bar 886 34

See SUPERVISORS. Removal or suspension of.....................

886 35 BONDS-OFFICIAL. of public adminisATTORNEY-GENERAL, duties relative to

trators.......

877 9 collection of judgments in favor of

of auctioneers...

887 36 state..............

924 124 or justices and constables to be fixed by ATTORNEY, DISTRICT, bonds in Merced,

board of supervisors.......

889 46 Talare and Fresno counties................ 889 47 of public administrator and coroner in Bonds in San Diego and San Bernardino.. 889 48 Yolo county

889 45 Bonds in Klamath, Del Norte and Hum

In Merced, Tulare and Fresno counties... 889 boldt counties..............

890 49

In San Diego and San Bernardino counBonds in San Luis Obispo, San Diego and

ties.....

889 48 Placer counties......

890
51

In Klamath, Del Norte and Humboldt
Bonds in El Dorado county

891 53
counties.......

... 890 49 Fees in criminal cases..... 955 131 In Calaveras county.

890 50 Salaries in certain counties..

..1147 475

In San Luis Obispo, San Diego and Placer AUCTIONEER. Who may become. Bond... 886 36

counties.......

890 51 Licenses, how issued. Settlements of

In El Dorado county............................ 891 53 auditor and treasurer. Penalty for

Justification of sureties on ...............

52 circulating false licenses..............

887 37

BRIDGES. Judicial decisions concerning... 998 License tax...............

887

38 BUENA VISTA COUNTY. Representation Certain property may be sold without

in the legislature......

.1057 324 license ............

887

39 BUILDINGS-PUBLIC. See LAND. Removal of license. License to existing

BURIAL GROUNDS. See GRAVEYARDS. auctioneers...........

887

39 BURGLARY. Definition and punishment.... 960 183 License not transferable, nor to be used

BUTTE COUNTY. Commencement of terms for more than one store, etc............... 888 89

of office. Boundary lino.................. 907 76 Penalty for violation of law.................. 888 40

Amount appropriated for suppressing Sheriff or constable may act as, in certain

Indian hostilities.........

967 146 cases...

888 41

890

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891

1

........ 889

Page. Art.

Page. Art. 0

CLERK -BOARD

OF EQUALIZATION.
CALAVERAS COUNTY. Official bonds in... 890

Separated from county clerk in Placer
50
county...

64 Poll taxes and licenses in ......................1114 434

CLERK - SUPERVISOR. Separated from
Provision for indigent sick.....................1160 516

county clerk in Placer county ........ 891 CAMP MEETING. Selling liquors, etc., near;

54
CLERKS-ELECTION. Fees in certain
how punished........

960 135
connties

988 CAPITOL-STATE. See SEAT OF GOVERNMENT.

COLLECTOR. Bond in El Dorado county..... 891 53 CEMETERIES-RURAL. Formation of asso

Of fish tax............ ciations for....

....1006 217 .............1009222 See GRAVEYARDS.

COLLEGES. Arms, etc., may be issued to...1061 337

COLUSI COUNTY. Lawful fences in........... 998 196 CERTIFICATES OF PURCHASE. See LAND. CERTIFICATE OF SALE. See REVENUE.

COMMERCE. Corporations for. How CERTIORARI. May issue at chambers....... 911

formed. Quantity of land which may

87 CHALLENGE FOR CAUSE. In civil cases.. 919 107

be held.....

906 74

COMMISSIONERS OF DEEDS. May be ap-
CHARITABLE ASSOCIATIONS. Incorpora-
tion of, etc..............

pointed in foreign countries. Term of
880
office. Powers, etc..........

895 CHEMICAL PURPOSES. Incorporations for.

65 COMMISSIONER OF EMIGRANTS. How formed. Quantity of land which

May may be held....

be appointed to reside in New York.

........ 906 CHILDREN. Female, forbidden to be em

Duties: term..........

895 66 State office abolished....

........1023 251 ployed in drinking saloons, etc........... 962 140

See IMMIGRATION. CHINESE. Forbidden to take fish without license..

CONGRESS. Time of electing members to.. 971 151

.................1005 216 Forbidden to emigrate to state..............1021250 CONSTABLE. Bonds to be fixed by board CIDER. See LIQUORS.

of supervisors....

46 CIVIL PRACTICE. See COURTS OF JUSTICE.

Liability on hog-money......... ....... 1014 235 CIVIL DEBT-STATE. See DEBT.............

In Sonora, Tuolumne county. 964

........1065 346 Fees in certain counties...

986 CLERK-SUPREME. Time of electing...... 971 152

CONTROLLER-STATE. Duties relative to CLERK-COUNTY. Bonds; in Merced, Tu

auction licenses................

887 37 lare, and Fresno counties................... 889 47

Authorized to appoint deputy to sign
In San Diego and San Bernardino ......... 889 48

blanks............

895 67 In Klamath, Del Norte, and Humboldt

Pay of such deputy.

896 67 counties...... ...

890 49 In El Dorado county..

Forbidden to draw warrants for salary 891 53

when office in dispute.. In Placer county. Certain offices sepa

.1065 346

CONTRA COSTA COUNTY. Fees in ......... 995 187 rated from.....

891 54
Lawful fences in.

998 195 Ex officio offices; salary; deputy ; salary

CONTEMPT. Bail in cases of..................

922 117 of deputy.....

893 59
Judicial decisions concerning...

931 Fees, how disposed of; statement of; fee

CONTRACT. Judicial decisions concerning.. 932 893 60

CONVEYANCE. Certain informal acknowl-
Penalty for neglect. Duty of treasurer... 894 61

896

edgments legalized...... In Shasta and Sierra counties. Certain

68 Of mining claims.....

896 offices separated from.....

69 894 62

How defective acknowledgments may be
Fees in certain counties......

981
corrected...

897 70 Fees in San Mateo county.

996
Existing records legalized .........

898 73 Fees in Contra Costa county.

995 187

Deeds to real estate sold by officer........
Fees in San Francisco county.

925 125 991 172

Tax-deed, form and effect of............. .1095 411
Salary in San Francisco county .............. 992 173

CORONER. Bonds, in Merced, Tulare and
See FEES.

Fresno...........

889 47 CLERK - DISTRICT. Fees in certain

In San Diego and San Bernardino......... 889 48 counties

979 171

In Klamath, Del Norte and Humboldt... 890 49 Fees in San Francisco county... ................... 991 172

In San Luis Obispo, San Diego and Placer 890 51 See FEES.

In El Dorado county .....

891 53 CLERK--COURT OF SESSIONS. Fees in

To act as public administrator in case of certain counties....

vacancy in certain counties............. 876 Fees in San Francisco county................ 992 172

5

Additional bond in such case................. 876 5 See FEES.

Bonds in Yoio county...

889 CLERK-PROBATE. Separated from county

45

Fees in certain counties....................... 986 clerk in Shasta and Sierra counties...... 894 62

Fees in San Francisco county ............... 992
Fees in certain counties ......................... 991

CORPORATION. For manufacturing, min-
Fees in Contra Costa county................... 995 187
Fees in San Francisco county................ 992 172

ing, etc.

How formed. Quantity of land which may be held...

906

74 See CLERKFEES.

COSTS. Judicial decisions concerning.......

book .....

........ 981

...... 932

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