The People, etc. MINER'S INCH. LAWS 1901, P. 660; MAR. 23, 1901. AN ACT fixing and defining a miner's inch of water. SEC. 1. The standard miner's inch of water shall be equivalent or equal to 14 cubic feet of water per minute, measured through any aperture or orifice. SEC. 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 3. This act shall be in effect and force 60 days from and after its passage. WATER SYSTEM-MEANING. LAWS 1911 (EXTRA SESSION), P. 18; DEC. 23, 1911 AN ACT to provide for the organization of the railroad commission; to define its powers and duties, and the rights, remedies, powers, and duties of public utilities; their officers; define its powers and duties, and the rights, remedies, of patrons of public utilities, and to provide penalties for offenses by public utilities, their officers, agents and employees, and by other persons and corporations, etc. *** (w) The term "water system,” when used in this act, includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, and personal property, owned, controlled, operated or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment or measurement of water for power, irrigation, reclamation, or manufacturing, or for municipal, domestic, or other beneficial use. AN ACT to put into effect the provisions of the Civil Code relative to water rights. The People, etc. SEC. 1. Title VIII (eight) of Part IV (four) of division 2 of the Civil Code of the State of California shall be in full force and effect from and after the first day of May, 1872. SEC. 2. The revision commission are hereby authorized to cause to be printed and certified by their chairman 1,200 copies of Title VIII (eight), in pamphlet form, and to distribute them to the members of the legislature and county officers of the several counties. SEC. 3. This act shall be in force and effect from and after its passage. ANNOTATIONS. WATER RIGHTS FOR MINING. 1. PRIOR APPROPRIATION-PROTECTION. 2. RIGHT TO DIVERT WATER FROM STREAMS. 3. WATER RIGHTS PASS ON CONVEYANCE OF MINE. 4. FELLOW SERVANTS. 1. PRIOR APPROPRIATION-PROTECTION. Among the conceded and protected rights of miners in the possession of their selected localities is the right gained by prior appropriation to take the waters from their natural beds and by costly artificial works conduct them to supply the necessities of their gold digging, and without which the most important interest of the mineral region would remain without development. Without any specific legislation conferring or confirming these rights they are alluded to and spoken of in various acts of the legislature in the same manner as if they were rights which had been vested by the most distinct expression of the will of the law makers. Irwin v. Phillips, 5 Cal. 140, p. 146, 63 Am. Dec. 113 (1855). 2. RIGHT TO DIVERT WATER FROM STREAMS. It has been the policy of California, as evidenced by her legislation, to confer the privilege to work the mines of the State, and the State has equally conferred the right to divert the streams from their natural channels, and if a miner locates his mining claim upon a stream the waters of which have not been taken from their bed, they can not then be taken to his prejudice; but if they have been already diverted for other lawful purposes, the miner has no right to complain and no right to interfere with such prior occupation or appropriation. Irwin v. Phillips, 5 Cal. 140, p. 147 (1855); 63 Am. Dec. 113. Tartar v. However much the policy of the State, as indicated by her legislation, has conferred the privilege to work the mines it has equally conferred the right to divert the streams from their natural channels. Irwin v. Phillips, 5 Cal. 140, p. 147, 63 Am. Dec. 113 (1855). Tartar v. Spring Creek Water & Min. Co., 5 Cal. 396, p. 398 (1855). The State has granted the franchise of digging gold and all the incidents necessary to that purpose, such as wood, water, etc., must follow. Tartar v. Spring Creek Water & Min. Co., 5 Cal. 396, p. 398 (1855). 3. WATER RIGHTS PASS ON CONVEYANCE OF MINE. The right to receive and use water flowing from a tunnel for the operation of a mining claim passes by a conveyance of the mine as an easement attached thereto. Cross v. Kitts, 69 Cal. 217, p. 221, 10 Pac. 409; 58 Am. 558 (1886). 4. FELLOW SERVANTS. An engineer running the engine to hoist water from a mine is a fellow servant with a laborer at the bottom of the mine, within the rule that the master is not liable for injuries occasioned by the negligence of a fellow servant. Collier v. Steinhart, 51 Cal. 116 (1875). A person in the hydraulic department of a mine is a fellow servant with the foreman in the blasting department within the rule that the master is not liable for an injury to a servant occasioned by the negligence of a coservant. McLean v. Blue Point Gravel Mining Co., 51 Cal. 255, p. 257 (1876). WEIGHING COAL. COAL WEIGHER-APPOINTMENT. LAWS 1863, P. 765; APR. 27, 1863. AN ACT to provide for the appointment of a weigher of coal in and for the city and county of San Francisco California. The People, etc. SEC. 1. The board of supervisors of the city and county of San Francisco are hereby authorized to appoint a weigher of coal in and for the city and county of San Francisco, who shall reside in said place, and continue in office for the term of two years from the date of his appointment, and until his successor is appointed and qualified. SEC. 2. Said weigher, before entering upon the duties of his office, shall take and subscribe the oath of office, and give bond, in the sum of $10,000 for the faithful discharge of his duties, which oath shall be administered by the county judge, and said bond acknowledged before him and approved, or before some other competent officer, the oath and bond to be filed in the office of the auditor of said city and county. SEC. 3. When requested to do so by any person interested in knowing the weight of any coal, it shall be the duty of said weigher to weigh all coal brought to his scales to be weighed, and, unless some other price be agreed upon by said weigher and the person or persons making such request, he may charge and collect 10 cents per ton for such service. SEC. 4. Said weigher shall have and maintain at suitable places such number of scales as he may deem necessary; but this act shall not be so construed as to enable said weigher to create any liability against said city and county. 234 EXPLOSIVES. SHIPPING AND STORING. LAWS 1887, P. 110; MAR. 12, 1887. AN ACT to protect life and property against the careless and malicious use or handling of dynamite and other explosives. The People, etc. SEC. 1. It is the duty of each and every person, contractor, firm, association, joint stock company, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in, or with, or using, or giving out nitroglycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate journal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. SEC. 2. Such journal or record book must show in a legible handwriting, to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual sufficient to provide for identification. SEC. 3. Such journal or record book must be kept by the person, firm, association, joint stock company, or corporation so selling, delivering, or otherwise disposing of such explosive substance or substances in his or their principal office or place of business, at all times subject to the inspection and examination of the peace officers or other police authorities of the State, county, city and county, or municipality where the same is situated, on proper demand made therefor; any failure or neglect to keep such book or to make the proper entires therein at the time of the transaction as herein provided or to exhibit the same to the peace officers or other police authorities on demand shall be deemed a misdemeanor and punished accordingly. SEC. 4. In addition to such punishment and as a cumulative penalty such person, firm, association, joint stock company, or corporation so offending shall forfeit for each offense the sum of $250, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the parties bringing the suit. SEC. 5 (sec. 601a (new) Civil Code). Any person who in the public street or any highway of any county, city and county, city, or town and city, or at, in, or near to, any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation, or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place, where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitroglycerine, vigorite, hercules powder, giant powder, or other high explosive, or who shall recklessly or maliciously by use of such means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. SEC. 6 (sec. 601b (new) Civil Code). Any person not regularly engaged in the manufacture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places or under any of the circumstances specified in the preceding section. SEC. 7 (sec. 601c (new) Civil Code). No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitroglycerine, giant powder, hercules powder, or other high explosive, except in the regular course of business carried on by such person, either as a manufacturer thereof or merchant dealing in the same, or for use in legitimate blasting operations, or in the arts, or while engaged in transporting the same for others, or as the agent or employee of others engaged in the course of such business or operations. Any other possession of any such explosive substances as are named in this act is unlawful; and the person so unlawfully possessing it shall be punished by imprisonment in the State prison not exceeding 5 years or by fine not exceeding $5,000, or by both such fine and imprisonment. SEC. 8 (sec. 601b Civil Code). Any person who maliciously deposits or explodes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train, or car, or any depot, stable, car house, theater, schoolhouse, church, dwelling house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitroglycerine, vigorite, giant or hercules powder, gunpowder, or other chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State prison not less than 1 year. SEC. 9 (sec. 601d (new) Civil Code). Any person, firm, or corporation who shall take, carry, or transport, or cause to be taken, carried, or transported, any dynamite, vigorite, nitroglycerine, hercules or giant powder, or other high explosive, into the limits of, or through, or across any incorporated city or town of this State, or into, through, or across any harbor for shipping, in any manner, condition, or quantity, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the State of California all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be sued for by any citizen of the State, for himself and the State; and the goods or property, when so forfeited and recovered by judgment of the court, shall be sold and the proceeds divided, the citizen so suing taking one half to himself, for his own benefit, and paying the other half into the State treasury. Such action may be maintained in any court of competent jurisdiction; provided, that the State shall never be liable to any cost or expense for any such suit or proceeding. SEC. 10. Any of the forfeitures provided for in this act may be taken advantage of, and sued for, and recovered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any law, ordinance, or rule, to the contrary. SEC. 11. This act shall take effect and be in force from and after its passage. LAWS 1911, P. 391; MAR. 21, 1911. AN ACT relating to explosives and prescribing regulations for the transportation, storage, and selling of explosives, and providing penalties for the violation of this act. The People, etc. SEC. 1. The term "explosive" or "explosives," whenever used in this act, shall include gunpowder, blasting powder, dynamite, guncotton, nitroglycerine or any |