owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser, as hereinbefore provided, then it shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, and the two so selected shall select a third; and in either case the three selected shall, within five days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and, provided further, that an appeal may be taken by either party from the findings of the appraisers to the district court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraisement. As amended March 5, Stats. 1869, 129.

For condemnation of land, see Secs. 3918-3930.

SECTION CONSTRUED. Barnes v. Sabron, 10 Nev. 217.

Undisturbed Right of Flowing Water.

427. SEC. 3. The person or persons constructing or maintaining a ditch or flume, under the provisions of this Act, shall have the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, and to use the same at any necessary and convenient point or points along the line thereof; provided, that nothing in this Act contained shall be so construed as to interfere with any prior or existing claim or right. As amended, Stats. 1889, 96.

Act to Apply to Ditches and Flumes Already Constructed.

428. SEC. 4. This Act shall apply, and the rights and privileges herein conferred shall inure, to the benefit of all persons or corporations who have heretofore constructed, and now maintain, ditches, flumes, or aqueducts in this state, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in section one of this Act, and upon such filing, the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in section two of this Act.

LOCATION OF DITCH AND WATER RIGHT FOR MILL SITE-SUFFICIENCY OF APPROPRIATION AND
POSSESSION. Robinson v. Imperial S. M. Co., 5 Nev. 44.

An Act to provide for any person or persons owning or controlling any ditches, diverting the waters of any river or stream in and on to lands for the purpose of irrigation; to construct and maintain waste ditches and flumes, and to provide the right of way through the lands of others.

Right to Enter Private Lands.

Approved February 26, 1887, 83.

429. SECTION 1. Any person or persons who have constructed, or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose of irrigating and cultivating the same, or who owns or controls or may own and control any such ditch or flume; and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands, shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of

constructing and maintaining a waste ditch and the necessary flumes connected therewith, and when such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the said waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in an Act to amend an Act entitled "An Act to allow any person or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to provide for the right of way through the lands cf others," approved March 3, 1866; approved March 5, 1869.

See Section 425.

An Act defining and prohibiting the unlawful diversion and waste of water.

Unlawful Diversion of Water.

Approved February 28, 1889, 51.

430. SECTION 1. Any person or persons who shall, during the irrigating. season, divert and conduct the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, pond or ponds, and retain, or cause the same to be held or retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any such river, creek or stream, and run, or cause or allow the same to run to waste on sagebrush or greasewood land, such diversion shall be deemed an unlawful use and waste of water.

Penalty.

431. SEC. 2. Any person or persons, company, corporation or association who shall, during the irrigating season, divert and conduct, or any person or persons aiding, abetting or assisting any such person or persons, company, corporation or association in diverting and conducting, during the irrigating season, the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, or pond or ponds, and retain, or cause the same to be retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any river, creek or stream, and run, or cause or allow the same to run to waste, contrary to and in violation of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction in this state, shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail of the county not exceeding six months, or by both such fine and imprisonment.

An Act for the protection of agricultural lands.

Obstruction of Streams.

Approved December 19, 1862, 107.

432. SECTION 1. It shall be and is hereby declared unlawful for any person or persons being the owner or owners of or being in possession of any sawmill, or mills used for the making of lumber, or the owner or owners of any slaughter house, brewery, or tannery, to injure or obstruct the natural flow of water in any river, creek, or other stream, or to permit any sawdust, chips, shavings, slabs, offal, refuse, tanbark, or other offensive matter, to enter therein, so as to damage or corrupt the purity of the water of such stream or streams.

Action for Damages.

433. SEC. 2. Any city or county government, or any person or persons, being the owner or owners of or in the possession of any agricultural lands, who may be injured by reason of the violation on the part of any person or persons of the

provisions contained in the preceding section, shall have the right to commence and maintain an action against such person or persons for any damage sustained, in such manner as may be provided by law.

Penalty.

434. SEC. 3. Any person who shall wilfully and knowingly violate the provisions of this Act, shall be guilty of a misdemeanor, and may be punished by a fine not exceeding five hundred dollars.

ROADS AND BRIDGES.

An Act in relation to erection and maintenance of bridges.
Approved February 21, 1877, 81.

Maintenance of Bridges, etc.

435. SECTION 1. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situated, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the Road Overseers and Board of County Commissioners; the expense of constructing, maintaining, and repairing the same being primarily payable out of [the] road fund of the district or districts in the hands of the County Treasurer.

May Be Maintained from the General Fund or from Special Tax.

436. SEC. 2. Whenever it appears to the Board of County Commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, they may, in their discretion, cause all or a portion of the aggregate cost or expense to be paid out of the general county fund, or a portion out of that fund, or out of any other fund in the county, except school and judges' salary, in which there is a surplus uncalled for; or, they may levy a tax therefor, not to exceed one-fourth of one per cent on the taxable property of the county, annually, till the amount appropriated is raised and paid.

County Commissioners to Supervise.

437. SEC. 3. No bridge, the cost of the construction or repair of which will exceed the sum of one hundred dollars, must be constructed or repaired except on an order of the Board of County Commissioners. When ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder, after reasonable notice given by the Board of County Commissioners, by publication at least two weeks in a county newspaper, and if none, then by three posted notices-one at the court house, one at the point to be bridged, and one at some other neighboring public place. The bids to be sealed, opened, and contract awarded at the time specified in the notice. The contract and bond to perform it must be entered into to the approval of the Board of County Commissioners.

Freeholders May Petition-Advertisement.

438. SEC. 4. When a bridge, the cost of which will exceed one hundred dollars, is necessary, any five or more freeholders of the road district interested therein, may petition the Board of County Commissioners for the erection of such needed bridge; the board must thereupon advertise such application, giving the location and other facts, for two weeks, in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the court house, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the application.

Board to Examine Witnesses, etc.

439. SEC. 5. On the day fixed to hear the application, proof of the notice given being made satisfactory, the board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for. If found to be so, the board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have the same erected, and provide the payment therefor as herein provided.

An Act to provide for the erection of guide-boards on public roads and highways. Approved February 21, 1879, 44.

Guide-Boards-Style of Board.

440. SECTION 1. It is hereby made the duty of the Board of County Commissioners in each county of this state, within ninety days after the passage of this Act, to cause to be put up, and to be thereafter kept up, at each crossing or forks of any public roads, or highways in such county, and at each place where a public road or highway crosses or diverges from any private or toll road, a guideboard, having thereon an index or pointer, and the words "to (naming the place or first point of any importance on such road, and the number of miles, as near as may be, thereto) miles." Such number of guide-boards shall be put up and so placed at all such points as to enable travelers to readily understand therefrom the road they may wish to travel, in order to arrive at the desired destination.

Owners of Toll Roads to Erect Posts.

441. SEC. 2. The owner or owners of any toll road in this state, having one or more lateral branches, are hereby required, at their own expense, to comply with the provisions of section one of this Act.

Misdemeanor to Deface Guide-Board.

442. SEC. 3. Any County Commissioner or County Commissioners or any owner or owners of such toll road or roads who shall willfully neglect to carry out the provisions of this Act before the 1st day of June, 1895, and every person or persons, who shall willfully tear down, dig up, or in any manner deface, destroy or carry away any such guide-board as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months or by both such fine and imprisonment. As amended, Stats. 1895, 40.

An Act to provide for the better preservation of public roads and highways. Approved March 5, 1885, 65.

Persons Conducting Water Across Highways to Construct and Maintain Bridges and Culverts. 443. SECTION 1. All persons conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural or manufacturing purposes, are hereby required to construct and maintain, at their own expense, good and substantial culverts or bridges, as the case may be, over such crossings, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town.

of this state.

Notice to Be Given Commissioners to Have Work Done.

444. SEC. 2. It is hereby made the duty of the Road Supervisor, in each and every road district of this state, and in case there be no regularly elected and qualified Road Supervisor, then it is hereby made the duty of the Chairman of

the Board of County Commissioners, to at once notify the party or parties violating the provisions of this Act to make such construction or repair as may be necessary, and if such persons shall refuse or neglect to make the same for a period of five days, then it shall be the duty of the Road Supervisor, or in case of his absence, the Chairman of the Board of County Commissioners, to immediately cause the necessary construction or repairs to be made, and to submit in duplicate to the Board of County Commissioners and to the District Attorney, itemized bills of the expense so incurred, which shall be allowed and paid as other bills against the road fund of the district in which said construction or repairs were made, and in case there be no moneys in the said fund, then out of any moneys in the general county fund not otherwise appropriated.

Office of Road Supervisor abolished, Sec. 481.

Duties of District Attorney.

445. SEC. 3. It shall be the duty of the District Attorney receiving such bill of expense, as provided in section two of this Act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as set forth in the itemized bill of expense aforesaid, together with costs of suit.

Disposal of Moneys Collected.

446. SEC. 4. All moneys so collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section two of this Act shall have been allowed and paid by the Board of County Commissioners.

Highways, What Are.

An Act in relation to public highways.

Approved March 9, 1866, 252.

447. SECTION 1. All public roads, and the streets and alleys in incorporated cities and towns in this state,.now used or lawfully entitled to be used as such, and all such roads, streets, and alleys as the Board of Commissioners of the county in which they are situate shall hereafter lawfully cause to be opened, are hereby declared to be public highways; provided, that nothing in this Act shall be deemed or construed to injure or abridge the rights of any toll road; but all roads shall be entitled to all the protection and benefits arising from this Act. As amended, Stats. 1867, 72.

When Work to Be Done by Contract.

448. SEC. 2. All work hereafter done upon highways, streets or alleys, whether in opening, improving, or keeping the same in repair, shall, when the probable cost of such contemplated work shall exceed one hundred dollars, be done by contracts let to the lowest responsible bidder, and public notice of at least five days shall be given, describing the work to be done, the time and place that bids will be received, and the means of paying for such work. Such bids shall be sealed, may all be rejected, and if any are accepted it shall be that of the lowest bidder who is responsible, or will give satisfactory security. In all cases of emergency, it shall be discretionary with the Board of Commissioners to let contracts for repairs without giving the five days' notice as is contemplated in this section.

Road Fund Created.

449. SEC. 3. To provide funds for paying the expenses of such work, the Board of Commissioners, at the time of levying other state and county taxes, may levy a tax not exceeding one-fourth of one per cent upon the taxable property of their county, to be assessed, collected, and paid in the same manner that state and county tax is collected; and all moneys so collected shall be paid into a fund to be called the road fund.