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" That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts,... "
Manual of United States Surveying: System of Rectangular Surveying Employed ... - Page 203
by J. H. Hawes - 1868 - 210 pages
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Journal: Appendix. Reports

California. Legislature - California - 1883 - 1001 pages
...decisions of Courts, the possessors and owners of such vested rights shall be maintained and protected ]Q the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 2

Law reports, digests, etc - 1884 - 1006 pages
...as such, the act of congress of July 26, 1866, was involved. The ninth section of this act declares that " whenever, by priority of possession, rights...aforesaid, is hereby acknowledged and confirmed." The Supreme Court of the United States, in construing and applying this provision of the act to the...
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The Pacific Reporter, Volume 10

Law reports, digests, etc - 1886 - 930 pages
...congress had enacted a statute, the ninth section of which contained the declaration "that wherever, by priority of possession, rights to the use of water...aforesaid, is hereby acknowledged and confirmed." The court also held that the plaintiff was not entitled to relief under his deraignment of title from...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 4

Law reports, digests, etc - 1884 - 1042 pages
...of congress of July 26, 1866, the ninth section of which contains this declaration: "That wherever, by priority of possession, rights to the use of water...aforesaid, is hereby acknowledged and confirmed." And the court added: " We are of opinion that the section of the act which we have quoted (the ninth)...
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A Treatise on the Public Land System of the United States: With References ...

George W. Spaulding - Land tenure - 1884 - 574 pages
...52; RS 2338. § 654. Vested Rights to Use of Water for Mining, etc. — Right of Way for Canala. — Whenever, by priority of possession, rights to the...construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any...
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A Treatise on Practical and Theoretical Mine Ventilation

Eugene Benjamin Wilson - Mine ventilation - 1884 - 748 pages
...conditions shall be fully expressed in the patent. (Act of Congress July 26, 1866, Ch. 202, § 5.) § 2339. Whenever, by priority of possession, rights to the...construction of ditches and canals for the purposes herein specified, is acknowledged and confinued; but whenever any person in the construction of any...
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The Pacific Reporter, Volume 34

Law reports, digests, etc - 1894 - 1170 pages
...protects. Sections 2339 and 2340 of the Revised Statutes of the United States are as follows: "Sec. 2339. Whenever, by priority of possession, rights to the...for the construction of ditches and canals for the purpose herein specified is acknowledged and confirmed; but whenever any person, in the construction...
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The Mining Reports: A Series Containing the Cases on the Law of ..., Volume 4

Robert Stewart Morrison - Mining law - 1884 - 778 pages
...public lands, and for other purposes" enacted, "that whenever, by priority of possession, rights tothe use of water for mining, agricultural, manufacturing,...purposes aforesaid, is hereby acknowledged and confirmed. Protided, however, that whenever, after thejpassage of this act, any person or persons shall, in the...
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The Pacific Reporter, Volume 197

Law reports, digests, etc - 1921 - 1166 pages
..."Sec. 2339. Whenever, by priority of possession, rights to the use of water for mining, agriculture, manufacturing, or other purposes, have vested and...construction of ditches and canals for the purposes herein specified is acknowledged and confirmed. * * • " This section of the statute was construed...
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Congressional Serial Set, Issue 2155

United States - 1884 - 392 pages
...manufacturing, or right of way for other purposes, have vested and accrued, and the same are cana "• recognized and acknowledged by the local customs,...construction of ditches and canals for the purposes herein specified is acknowledged aiid confirmed ; but whenever any person, in the construction of any...
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