their stations, not exceeding forty acres for each station; but such stations shall not be within fifteen miles of each other.

14 Stat. 221; R. S. 5264.

§ 503. These Rights not Transferable.-The rights and privileges granted under the provisions of the act of July 24, 1866, entitled "An act to aid in the construction of telegraph lines, and to secure to the government the use of the same for postal, military, and other purposes," or under sections 454-460, inclusive, shall not be transferred by any company acting thereunder to any other corporation, association, or person.

14 Stat. 221; R. S. 5265.

§ 504. Government to have Priority in Transmission of Messages. Telegrams between the several departments of the government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the postmaster general shall annually fix. And no part of any appropriation for the several departments of the government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section.

14 Stat. 221; 17 Id. 287, 366, 367; R. S. 5266.

§ 505. Government Entitled to Purchase Lines.-The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July 24, 1866, entitled "An act to aid in the construction of telegraph lines, and to secure to the government the use of the same for postal, military, and other purposes," or under sections 454-460, inclusive, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the postmaster general of the United States, two by the company interested, and one by the four so previously selected.

14 Stat. 221; 18 Id. 250; R. S. 5267.

§ 506. Acceptance of Obligation to be Filed.-Before any telegraph company shall exercise any of the powers or privileges conferred by law, such company shall file their written acceptance with the postmaster general of the restrictions and obligations required by law.

14 Stat. 222; R. S. 5268.

§ 507. Penalty for Refusal to Transmit Dispatches.—When

ever any telegraph company, after having filed its written acceptance with the postmaster general of the restrictions and obligations required by the act approved July 24, 1866, entitled "An act to aid in the construction of telegraph lines, and to secure to the government the use of the same for postal, military, and other purposes," or by sections 454-460, inclusive, shall, by its agents or employees, refuse or neglect to transmit any such telegraphic communications as are provided for by the aforesaid act, or by said sections, or by the provisions of section 221 of the revised statutes, authorizing the secretary of war to provide for taking meteorological observations at the military stations and other points of the interior of the continent, and for giving notice on the northern lakes and sea-board of the approach and force of storms, such telegraph company shall be liable to a penalty of not less than $100 and not more than $1,000 for each such refusal or neglect, to be recovered by an action or actions at law in any district court of the United States.

17. Stat. 366, 367; 19 Id. 232, 252; R. S. 5269.

§ 508. Timber Lands to be Patented Subject to Accrued Right of Way and Water Rights.-All patents for lands within the states of California, Oregon, and Nevada, and in Washington territory, valuable chiefly for timber, but unfit for cultivation, which may be granted under the provisions of the act of congress approved June 3, 1878, shall not be held to abrogate the right of way of ditch and canal owners acquired under the provisions of the act of July 26, 1866, and all such patents shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act.

20 Stat. 89.

Right by Prescription.-In California, if the owners of a ditch constructed for conveying water use the same peaceably, openly, and exclusively, under a claim of right, with the knowledge of the owners of the land, for a continuous period of five years, they acquire by prescription an easement over the land for such ditch.

Campbell v. West, 44 Cal. 646.

Right of Way.-The reservation, so called, of a right of way and carriage of minerals in an indenture of lease is an easement created by grant of the lessee.

Durham & S. R. Co. v. Walker, 2 Q. B. 940; S. C., 2 Gal. & Dav. 326. Lower Lands Charged with Servitude.-When two parcels of land, belonging

to different owners, are adjacent to each other, and one is lower than the other, and the surface water from the higher tract has been accustomed by a natural flow to pass off over the lower tract, the owner of the lower tract can not obstruct this flow. The owner of the upper tract has an easement to have the water flow over the land below, and the land below is charged with a corresponding servitude.

Agborn v. Conner, 46 Cal. 346.

Runs with the Title.—An easement obtained by prescription through tinbounders inures to the benefit of the owner of the soil after its abandonment by the tin-bounders.

Ivemay v. Stoker, L. R. 1 Ch. App. 396.

Railroad Crossing.—An easement of crossing another railroad from a mine must be established by twenty years' user, uninterrupted and as of right. The continuity is broken by an interruption, and it is not exercised as of right if by leave from the proprietors of the road crossed.

Monmouthshire Con. Co. v. Harford, 5 Tyrw. 68.

Ore-washing Lands.—An action by the owner of a mill privilege, and a mill used in tanning hides, against defendant for washing iron ore in the stream above the mill, and filling up his vats, is an action respecting an easement on real estate, of which the supreme judicial court has exclusive jurisdiction. Crittenden v. Algier, 11 Met. 281.

Grant of Surface Right.--The grant of a surface right, with a stipulation that it shall not be for the purpose of laying out a town, or building thereon, but only for the purpose of a coal-breaker, and dirt-room for the deposit of coal dirt, is the grant of an easement only, though it be in fee.

Big Mountain Co.'s Appeal, 44 Pa. St. 361.

Incidents Necessary to Enjoyment.-A party having an easement on the land of another may go upon the land for the purpose of the enjoyment of such easement to its fullest extent, either to construct or repair, or secure it from danger, doing as little damage as possible, and responsible for that damage, for the grant of a privilege carries with it everything necessary to its enjoy

ment.

Phila. C. & I. Co. v. Taylor, 7 Pac. L. R. 127; S. C., 5 Leg. Gaz. 392. Flowage of Ore Mud.-Bushnell conveyed to defendants the right, after washing their ore in a stream running through his land, to discharge the dirt upon his meadow lot lying below on the stream. A great quantity of dirt accumulated upon this meadow lot, so that it spread and was carried upon plaintiff's pasture lot adjoining. Held, that defendants were not liable for any damage to the pasture lot resulting naturally from the discharge dirt on the meadow lot.

Bushnell v. Proprietors of Ore Bed, 31 Conn. 150.

Railroad Right of Way.-The act of congress of July 1, 1862, granting a right of way to the extent of 200 feet on each side of its tract to the Central Pacific Railroad Company, gives that company a right to the possession of the ground over which the grant extends, exclusive in its character, and that company may recover in ejectment the possession of any portion of the same from one who has wrongfully entered thereon.

C. P. R. R. Co. v. Benity, 5 Saw. 118.

CHAPTER XXVII.

SALINE LANDS.

§ 509. By act of congress of January 12, 1877, it was provided. that where tracts of land are found to be saline in character, and therefore under pre-existing laws not subject to disposal, they shall be offered at public sale at not less than $1.25 per acre, and if not then sold they shall be thereafter held subject to private entry at the same price as other public lands.

In reference to this act, the supreme court of the United States, in the case of Morton v. Nebraska, 21 Wall. 660, 675, say that the policy of the government (since the acquisition of the north-west territory and the inauguration of the land system) has been uniform to reserve salt springs from sale. This policy has been applied to the Louisiana territory acquired from France, in 1803, and probably would apply to the territory of Nebraska on general principles. Whether or not it does apply, under the act of July 22, 1854, "to establish the offices of surveyors general in New Mexico, Kansas, and Nebraska, it applies, at least, so far as to render void an entry where the salines at the time had been noted on the field-books, were palpable to the eye, and were not first discovered after entry."

Where prima facie evidence that certain tracts are saline in character is filed with the register and receiver of the proper land district, they will designate a time for hearing at their office, and give notice to all parties in interest, in order that they may have ample opportunity to be present with their witnesses. At the hearing the witnesses will be thoroughly examined with regard to the true character of the land, and whether the same contains any known mines of gold, silver, cinnabar, coal, or other valuable mineral deposit.

The witnesses will also be examined in regard to the extent of the saline deposits upon the given tracts, and whether the same are claimed by any person; if so, the names of the claimants and the extent of their improvements must be shown. The testimony should also show the agricultural capacities of the land, what kind of crops, if any, have been raised thereon, and the value thereof.

The testimony should be as full and complete as possible, and in addition to the leading points indicated above, everything of importance bearing upon the question as to the character of the land should be elicited at the hearing.

The register and receiver then transmit the testimony so taken to the general land office, together with their joint opinion thereon. Should the given tracts be adjudged agricultural by the land department they will be subject to disposal as such. Should the tracts be adjudged saline lands, the register and receiver will be instructed to offer the same for sale, after public notice at the local land office of the district in which the same shall be situated, and the same will be sold to the highest bidder for cash, at a price not less than $1.25 per acre. If not sold when so offered, the land will be subject to private sale, for cash, as other lands are sold.

The provisions of this act do not apply to any of the territories, nor to any land within the states of Mississippi, Louisiana, Florida, California, or Nevada; none of which have any grant of salines by act of congress.

Circular of October 1, 188-.