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ters, and the introduction of section numbers and appropriate head-lines, he has been scrupulous to preserve intact both the language and the arrangement of Professor POMEROY, making only such slight changes in phraseology as were rendered necessary by the altered form of publication. All the later authorities have been carefully collated, and their views and results, as also a considerable number of cases not cited by the author -have been incorporated in the work in one form or another. The general pian has been to make these interpolations in the way of additional foot-notes. But it was found that several topics of great importance were first broached by the later cases, and that points which were but imperfectly developed when the original articles were prepared had been clarified or enlarged upon. It then became necessary for the editor to write new sections; and these, being inserted in their proper connection, have added considerably to the bulk of the work. But in every instance of a new foot-note or a new section, the editor's material is to be distinguished from that of the author by the fact that it is inclosed in brackets. With a view to further facility in the use of the book, an index and a table of cases are added.
H. C. B.
13. Early importance of mining interests.
14. Mining customs.
56. Nature and extent of right depends on purpose of appropriation.
57. Property in ditches and canals.
58. Sale of ditches and water-rights.
59. Tenancy in common.
60. Right to natural flow of water at head of ditch.
61. What are streams subject to appropriation.
62. Definition and characteristics of a water-course.
63. Percolating and subterraneous waters.
64. Right to exclusive use of water.
65. Appropriator may change place or manuer of use.
66. Remedies for interference with these rights.
67. Injuries to ditches.
68. Remedies for unlawful diversion.
69. Equitable jurisdiction.
70. Deterioration of quality of water.
II. LIABILITY FOR DAMAGES CAUSED BY DITCHES.
71. Various kinds of injuries.
72. Damages caused by breaking or overflow.
73. Proper measure of care required.
74. Injuries from intentional trespasses.
75. Damages from mode of construction or operation of works.
76. Discharge of mining debris.
77. Effects of hydraulic mining a public nuisance.
78. Impounding dams.
95. Application of the common law.
96. Summary of statutory legislation-California.
102. New Mexico.