Show IRRIGATION LAWS q e Hints for tlio Legislature V Continued BEG 21All persons or corporations corpora-tions interested or claiming any interest in any ditch or reservoir shall attend by thcmsehca their agents or attorneys before said referee at some one or more of the timcs and places so appointed by him and shall have tho right to offer any and all proofs they my deem advisable for their interests H > hall have power to I administer calbs and issue eubpoenad for witnesses and subpoenas duces Itcum which subpoenas may be seived by any sherifl deputy therifl or constable or by any party and may require the witness to appear at any of the places so appointed as aforesaid He shall permit all witnesses wit-nesses to be examined by the party calling him or by his counsel and shall be crcsssxamined by any party claiming an interest in the matter in quetton and ehall take the testimony testi-mony in writing and shall note all objections offered to the testimony of any witness or any part thereof with the cause assigned for such objection and shall proceed in all other reipectd ae in other caea oi taking depoailions He shall certify all books and papers oflered by any in his behalf and transmit one 111 111S own UCUHll iiuu kuuuu hem with the testimony o9sred con erning them and in case of bock or papers prcduccd in evidence which shall not be under the control of the party desiring the evidence said referee shell make a true copy of all parts demanded ami certify the ame and transmit such copies together to-gether with tho pioofc concerning such books end papers aj pmt of the svidenco in tho case SEC 22lroof of notice being duly iven of the time and place of taking the depositions and prcofa above provided pro-vided for by said reforoe shall be made by affidavit of said leteroe set ting foith a true copy of such notice and how and when and for what length of time and where the same was postd or published together I with the certificate of the publisher of any paper in which the same may have been published showing when and how ong the Game was published pub-lished and tho number of insertions thereof in such paper The printers fee for publishing said notice shall be t the same aa is now or may hereafter be allowed by law for publishing notices in cases of attachment in I counties of the class of that in which fid paper may bo published to be paid by the county in vhicti such paper may be published and shall be allowed by tho county commissioners thereof on the publishers certificate verified by oath SEC 23No psritin or corpoiation willfully refusing to produce any boor bo-or paper when required for examination exami-nation and copying when in his or Ihcir power to do so thaI be allowed the benefit ol any testimony or proof in his or their btlulf on the final adjudication of the court if the judge be satisfied from all the evidence evi-dence cflered for the purpose tbat such refusal was willful Sic 24Said referee shall also examine all witnesses to his satisfaction satisfac-tion touching any point involved in the matters in question and shall ascertain as far as possible the date of the commencement of each ditch together with the original Biz and grade thereof the date and size 01 cash enlargement the amount of water carried therein the time span in such construction or enlargement and the diligence with which the woik was prosecuted the nature 01 the woik ca to difficulty of construe tion and such other facts as may tend to show compliance with tbo law in acquiring the priority claimed hot such ditch and upon all the data en obtained the court ehall determine the Older of priority among all the ditches and the volumo or amount of water lawfully appropriated as well by the construction as by the enlarge men of each ditch and the time when each eevoial appropriation by construction or enlargement took effect SEC 25EvelY person present bo fore such referee at any time when he shall be engaged in hearing testimony testi-mony who shall willfully disturb tho proceedings and any person who shall willfully refuse or neglect to obey any eubpconas issued by such referee when big lawful fees shell ba tpnrf rpd him for hill attendance teuueitu UILU uL VJi n before the referee shall bo guilty of contempt and on complaint under oath of the referee or other person before the district court or judge thereof may bo brought before the court or judge and dealt with ns in other cases of contempt of mid court SEC 2GEvery witness produced or who shall attend before raid referee under subpoena shall be entitled en-titled to toe same fees and mileage as witnesses before the district court in counties of tbe first class the earn to be paid by the party requiring his testimony SEC 27Tbo said referee ehall take all the testimony which may bo offered and for that purpose shall give reasonable opportunity to all parties to be heard and may ct anyplace any-place when the lime limited thereat ehall expire adjourn the further taking tak-ing of tstimony then proposed to bo offered to the next place in ordpr according to said published appointments appoint-ments and at the last place may continue until all testimony shall betaken be-taken or make further appointments at any of the former places or such other suitable places aa may seem best and most convenient for all parties giving reasonable notice thereof and upon closing the teet mony shall return the tamo together to-gether with an abstract thereof for the use of the couit and report of his actings and doings in the premises that the court may see how the intent of the provisions hereof have been carried out by him and shall notify the judge if the court be not in session ses-sion ot his filing hia report SEC 28Every person association or corporation failing neglsclinu or refusing to appear and m ka proof of hip her or their claim before said referee nt the times and places appointed ap-pointed by him as above provided shall be thereafter forever barred from making any claim to priority against all or any of tho claimants who do not appear and make proof of their claims before such referee ref-eree unless for good cause shown to the court or judge befoie whom the matter is pending and before be-fore the rendering of the final decree aforesaid he she or they shall obtain a rule on all the parties who may have offered proof before suoh referee providing what notice shell be given them and appoint a time to hear such evidence and all costs occasioned by Euch application shall ho paid by such applicant and the court orjudge thereof in vacation may require security se-curity for such costs at any time by cost bond in the ordinary form wbich shall be sufficient to bind the parties thereto in all cases and Lava the same elect as cost bonds in other cases provided by law l To be Continued |