the name or names, or otherwise the description of any one or more other ditches, canals [or] reservoirs, which by said decree derive undue advantage in respect of priority as against that or those represented by appellants; and also setting forth the name or names of the party or parties claiming such other one or more ditches, canals or reservoirs, affected in common by said decree adversely to the interest of appellant or appellants, and praying that an appeal be allowed against such other parties as appellees. If the court or judge in vacation, on examination, find such statement in accordance with the statements of claim filed by the parties named as appellees, mentioned in section one of this act, he shall approve the same and make an order to be prepared and presented by the appellants allowing the appeal and showing the name or names of the appellants and appellees, with the name or names or description of the one or more ditches, canals or reservoirs claimed by the party or parties appellant and appellee, as shown by their several statements of claim filed as aforesaid, before the taking of testimony, and fix the amount of the appeal bond, which bond shall be executed by one or more of appellants, as principal or principals, and by sufficient securities, and approved by the court or judge in vacation, and shall be conditioned for the payment of all costs which may be awarded against the appellants or any of them in the Supreme Court. [Sec. 27, pp. 156-7, acts 1881.

Section 1 of this act referred to last above is G. S. 1763.

G. S. 1790. Copy of Order served on Appellees-Publication posting copies—Proof.]

The order last aforesaid shall be entered of record, and the appellant or appellants shall cause a certified copy thereof to be served on each of the appellees, by delivering the same to him or her, if he or she may be found, or otherwise serving the same in manner the same as may be at the time provided for serving summons from the District Court by the laws then in force, and shall also cause the said order to be published in the same manner as the notices required to be published by the referee mentioned in section eleven of this act, and proof of the publication in any newspaper shall be the same as in case of said referee's notice, and proof of the posting of the ten printed copies in the district shall be by affidavit of the

parties posting the same, with the certificate of the clerk of the District Court appealed from, that the affiant is a known and credible person. [Sec. 28, p. 157, acts 1881.

1791. Transcript to be Filed in Six Months-Bill of Exceptions.]

The appellant or appellants shall file the transcript of record of the District Court with the clerk of the Supreme Court at any time within six months after the appeal shall be allowed as aforesaid. Only so much of the decree appealed from, and so much of the evidence as shall effect the appropriations of water claimed by means of the construction or enlargement or re-enlargement of the several ditches, canals and reservoirs mentioned in the order allowing the appeal, need be copied into the bill of exceptions. [Sec. 29, pp. 157-8, acts 1881.

G. S. 1792. Costs in Supreme Court.]

The Supreme Court, on dismissal of such appeal, or on affirming or reversing the parts of the decree appealed from, in whole or in part, shall award costs, as in its discretion shall be found and held to be equitable. [Sec. 30, p. 158, acts 1881. G. S. 1793. Supreme Court amend or make new Decree, or remand with Instructions.]

The Supreme Court, in all cases in which judgment is rendered, and any part of the decree appealed from is reversed, and in which it may be practicable, shall make such decree in the matters involved in the appeal as should have been made by the District Court, or direct in what manner the decree of that Court should be amended. [Sec. 31, p. 158, acts 1881. G. S. 1794. Filing proof of Service and Notice-Sixty DaysSupreme Court make Rules.]

The said proof of the service and publication of said order allowing the appeal shall be filed with the clerk of the Supreme Court within sixty days after the making of said order, and if not so filed the Supreme Court shall, on motion of the appellee or any of the appellees, at any time after such default in filing said proof, and before the said proof shall be filed, dismiss such appeal, and if the transcript of record be not filed within the time limited by section twenty-nine of this act, such appeal shall, on motion, be dismissed. After the filing of the record and proof of service aforesaid, the cause

on appeal shall be proceeded with as the rules of the Supreme Court, or such special rules as said court may make in such cases, and their order from time to time thereunder may require. Said court shall have power to make any and all such rules concerning such appeals as may be necessary and expedient in furtherance of this act, as well as to preparation of the case for submission as to supplying deficiencies of record, if any, and for avoiding unnecessary costs and delay. [Sec. 32, p. 158, acts 1881.

G. S. 1795. Court may Dismiss Referee-Vacancy-New Appointment.]

The district court, or judge thereof in vacation, in case of the death, resignation, illness, absence or other disability of the referee hereby provided for, or for any misconduct in him, or other good cause to such judge appearing, shall appoint such other properly qualified person in his stead as he shall deem proper, who shall proceed without delay to perform all the duties of his office, as herein pointed out, which shall remain unperformed by his predecessor in office. [Sec. 33, p. 159, acts 1881.

WHAT SUITS ALLOWED-LIMITATION.

G. S. 1796. Suits must be brought in Four Years-Injunctions in what cases—What Districts-Commissioner's Duty.]

Nothing in this act or in any decree rendered under the provisions thereof, shall prevent any person, association or corporation from bringing and maintaining any suit or action whatsoever hitherto allowed in any court having jurisdiction, to determine any claim of priority of right to water, by appropriation thereof, for irrigation or other purposes, at any time within four years after the rendering of a final decree under this act in the water district in which such rights may be claimed, save that no writ of injunction shall issue in any case restraining the use of water for irrigation in any water district wherein such final decree shall have been rendered, which shall effect [affect] the distribution or use of water in any manner adversely to the rights determined and established by and under such decree, but injunctions may issue to restrain the use of any water in such district not affected by such decree, and restrain violations of any right thereby established, and

the water commissioner of every district where such decree shall have been rendered shall continue to distribute water according to the rights of priority determined by such decree, notwithstanding any suits concerning water rights in such district, until in any suit between parties the priorities between them may be otherwise determined, and such water commissioner have official notice by order of the court or judge determining such priorities, which notice shall be in such form and so given as the said judge shall order. [Sec. 34, p. 159, acts 1881.

G. S. 1797. After Four Years Suit Barred.]

After the lapse of four years from the time of rendering a final decree, in any water district, all parties whose interests are thereby affected shall be deemed and held to have acquiesced in the same, except in case of suits before then brought, and thereafter all persons shall be forever barred from setting up any claim to priority of rights to water for irrigation in such water district adverse or contrary to the effect of such decree. [Sec. 35, p. 160, acts 1881.

G. S. 1798. Compensation of Referee-How Paid-His Duty to keep Account.]

The referee appointed [as provided] in this act shall be paid the sum of six dollars per day, while engaged in discharging his duties as herein provided, and also his reasonable and necessary expenses and mileage at the rate of ten cents for each mile actually and necessarily traveled by him in going and coming in the discharge of his duties as such referee, which said per diem allowance, expenses and mileage shall be paid out of the treasury of the county in which such water district shall lie, if it be contained in one county, and if such water district shall extend into two or more counties, then in equal parts thereof, shall be paid out of the treasury of such county into which such district shall extend. He shall keep a just and true account of his services, expenses and mileage and present the same from time to time to the District Court, or judge in vacation, verifying the same by oath, and the judge if he find the same correct and just, shall certify his approval thereof thereon, and the same shall thereupon be allowed by the Board of County Commissioners of the county

in which said water district shall lie, but if said [water district] extend into two or more counties, he shall receive from the clerk of the District Court separate certificates, under seal of the court, showing the amount due him from each county, upon which certificate the Board of County Commissioners of the respective counties shall allow the same on presentation thereof. [Sec. 36, p. 160, acts 1881.

1799. Repeal.]

All laws and parts of laws heretofore in existence inconsistent with the provisions of this act, shall be and the same are hereby repealed. [Sec. 37, p. 160, acts 1881.

1800. Sheriff not serve Writ outside his County.]

Nothing herein contained shall be construed to authorize any sheriff to serve any writ outside the limits of his own county, or give effect to any record by way of notice or otherwise, in any county other than that in which it belongs. [Sec. 35, p. 106, acts 1879.

1801. Fees of District Clerk-How audited--Paid.]

The fees of the clerk of the District Court for a service rendered under this act shall be paid by the counties interested in the same manner as the fees of the water commissioners, upon the said clerk rendering his account, certified by the district judge to the board or boards of county commissioners of the county or counties embracing the water district in case of which the services shall have been rendered. [Sec. 43, p. 108, acts 1879.

Session Laws, 1885. Evidence.]

Whenever testimony shall or may be taken in any district created by this act for the purpose of procuring a decree as to appropriation of water and priorities thereof, under the statutes of this State, any testimony therefore taken before any former referee may be introduced, and shall be received as evidence. [Sec. 28, p. 259.

The intent of these acts was that, in combination with G. S. 1720, the matter of priorities would become entirely a question of record, in so far as there might be any question as to the date or amount of appropri