davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
II ssumption of Navigation.

PTTTsBuRG, Jan. ~ The weather 10 quite warm
to-day. There are feet of water in the channel
and still rising, and navigation will be resumed
tomorrow. number Of boats are now loading
for Cincinnati and other points below
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
baltimore 11arkets

BALTIMORE. Jan. IL Flour closed quie How
ard street IS .37S5 50 Wheat closed quiet and un-
changed Corn closed firm and unchanged Pro
visions closed firm al f rner quotations whis-
XIV closed dull
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
New York Markets.

NEW YORK Jan. IL Floor has declined 5aIOc !;
State ~ l5aS5 -; Ohio - 35aSJ.15; southern
81 352S5 60. Wheat is dull. and has a d. lining
tendency. Corn hes declining tendency q I'd 70
nominally lower. Pork is dull and heav,; mess
SIC IS. Lard is quiet. Whisky 10 dull.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
Weather Report.

MONTREAL, Jan. I0.-Weather mild and rainy
Thermometer 4O2 above zero. A good deal Of
water on the ice; the crossing opposite the city
reported bad.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

THE WAY OF TRANsGRRssoRs Is HaSD--Fol-
low the counsel and heed the advice contained in
the work "HHmdn EIGity, or Physiological Re
searches IL treats Of the evil effects of early abuse
and indulgence, is embelished with elaborate co.
ored eRgravlnss, portraying every feature and
~ modes adopted for the cure of local well as
heTsdnary mntadies, and gives the only safe and in
faIbe remedy Ter expunging every trace of the
E RIsns from the system Sold BY Dr. Barrow 1914
Sold also by 5. Calvert Ford, Jr., Washington,
". Y. FL
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
local NEWS

II The STAR publishes the Lists of Letters
'er7a'Hing IN tAe Washington City Post Office
Hrde- the provisions Of the lac directing them to
te printed IN tae aecspdpe, haring the largest cir
cHiHfior ,cith'n the delirery Of the Office It's total
61'Iy circulation IS more than double that Of any
o:Asr Ddiiy Prtnted IN the District of Columbia.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

HE ORAND CONCERT at Willards Hall. this
evening Tor the benefit Of the Western Mission
sunday School Of the Young Mems Christian AS
1Oclanon promises to be very pleasant as well as
; sll.orlous affair The best musical talent of the
city has been engaged for the OCCASION. and in
.oe way OF novelty and interest, the children of
the school will take part in the concert
ESuIRAGE:-Wtf!e the Merry Social Club were
holding their ball, on Monday night, at odd Eel
lows Hall, Navy Yard } some miscreants entered
tneir club-room, on l. street south, between Sixth
ano Seventh streets east, and broke up the furn-
lure and committed several other dsgraceful acts
ne parties are known and will be suitably dealt
with at the hands Of Justice
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
THIS AFTERNOON 4 To- MORROW

By a. GREEN, Auctioneer
BOOTS. SHOES, LIQUORS, TEAS, FISH
- @c.- AT AUCTIoN.-On THURSDAY MORN
ING, the 18th instant, shall sell, IN front of nv
Auction Rooms, on the corner of 18th and ID streets
4cases Mer's and Boys Boots,
cases Women's and Misses shoes.
Also, Immediately after the sale of Boots and
Shoes | shall SELL
80 chests of assorted Teas
barrels of Liquors.
3 barrels of primo Potomac Alewiyes,
~ With other articles in the grocery line.
Terms cash.
ia l0-d A. GREEN Auo,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

IL Though The STAR IS printed on the fastest
s''Gru press IN soHt. of Baltimore ats edition
large as TO require 1t TO be put to press at an
snr,E ho~; Adrertiseuusnts, therefore, should be
s:uf IN before T'cslrc o'clock, m; ofheruiss they
sqGy not nppe1, until the merit dav
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

"A Xxx ALE AND Xxx ALEM
The purest and most wholesome Ale i'm this CITY Ia
tn be obtained at the w WASHINGTON BREW
cry This Aie Is made from male and hops on v
and Cannot fail TO give entra sati sfacton to con
snmers. &c COLIN EAU, Prophetic of the
"a Ally Wash'n Brewery. corner and 9th sts.
GENTLEMEN'S CLOTHING-We are man
NJ ufacturlng to order, Gent,emen's Clothing of
the beet gra leg, At exceedingly low prices, and we
would invite citizens and strangers to examine our
assortment of Cloths, Doe Skin Cassimers and
Vests. feeling assured that every garment will give
entire Satisfaction.
WALL. STEPHENS Il CO,
dA3 322 Pa Az. hat. 9th and 10th sta.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

RELIGIOUS On Sunday morning Right Rev.
Bishop Nottingham confirmed In ST John: S
Church -thirty-fve persons-making in the two
churches Sc.
The congregation of Shiloh Baptist Church
90 School Baptist) have purchased a lot of
ground on Massachusetts avenue. opposite Nc
Kendree Chapel, and intend to build thereon
during the approaching spring neat house of
worship.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

NoTIcE District Of Columbia Adr,-tissnIentS
e b Inserted N the BALTIMORE Sun rsesirsd
,; and forwarded from THE STAR office.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

DEsrRRATE ASSAULT AND BATTERY. - Last
night, officers Carter and Belt arrested colored
man named Antony Obleton for assault and bat
terry with intent to kill colored girl named Ann
Taylor. The affair occurred in Bates Alley, in
the Fourth Ward, where number Of persons
were engaged in hog killing. The girl and Oble-
ton got to quarreling about the proper way of
killing, and he took the butcher knife, which
had been sharpened for use, and cut her, infict
Ing terrible cash to the bone upon her arm from
her elbow downward to the wrist. Justice Dom
committed him for trial at court He is a des-
perate fellow, and perfectly reckless to the
suit of the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

WATCH RETuRNs.-The list ut the guardhouse
this morning show wed the names Of fourteen od ers
who were accommodated. but the trial docket
was blank. Not an individual was entered for a
hearing on any charge.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
MARRIED.,

In Georgetown, on the 5th instant, by the Rev.
DR.. BOcOck. Captain l.. DUK Els. to Miss MAGGIE
A. SAMPLE, all of the former place.
Baltimore Sun cOpy.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
TIL. Marietta and Cincinnati Railroad

CHrLLICcTHE, O., Jan. l0-A decree has been
issued for the sale Of the Marietta and Cincinnati
Railroad. for the benefit of the third mortgage
bondholders
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
FUTURE DAYS.

By }. C. MCGUIRE CO., Auctionecrs.
4 DMINISTRATRIX'S SALE OF CHOICE
airy 18th. at 4 o'clock. at the Auction Rooms we
stall sell, by order of the Orphans Court, small
lot OF CHOICE WHes, belonging to the estate of the
late no. III. Buthman, comprising
cases Imperial Champagne,
8 DO Heidseick & Co, Champagne,
baskets Moe:& Chaudan and GGsler Co. Cham
payne,
case Neirsteiner,
Is bottles choice Brandy.
Terms: ) 25 and under cash /; over that sum a
credit of 60 days, for satisfactorily endorsed notes,
bearing interest.
A. f. BUTHMAN, Adminis'x
j. c. MCGUIRE CO., Aucts.
HI AT THE SAME TIME WE SHALL
sell few dozen choice Madeira and Sherry belong
Ing to the estate of the late A do Bodisco.
ia l0-d j. C. MCGUIRE d CO., Aucts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

THE AsYLUM.-The hands under the Intendant
at the w ashington Asylum are relieved from the
cold job of filing the ice-hous.s the thaw and
rain having ruined the ice on the Anacosta much
to the regret Of the Intendant. The inmates are
now variOusly employed on the farm There are
two large ice-hous's at the Asylum, one Of which
is filed for ''home consun ption ,; and the other
for sale. The first has been filed, but the other
has not. About eight hundred cart loads have
been stored
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

Ben. r. FRENCH sends us Dickens last story,
"A Tale Of Two Cities" This is one of the host
Of readable books he is running OF at less than
a ,ction prices. So
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

No. 2-MoDRRN MIRACLES The remarkable
cures effected by Mrs. Nj. n. Gardner's celebrated
Indian Medicine. which stands unrvalled rs the
great cure for Coughs. Cold, Group Bronchitis and
Lung Complaints. Sold nv all the DRUGGISTS
General Agents. ia 6 Iwr
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

The ERNEST CLOTHING ESTABLISHMENT IN WASH
INGToN CITY-J. nj. McCamy Il Co, are now re-
cevng their fa styles Clothing made to order for
their retail trade. Furnishing Goods of every kind,
Trunks, Valises and Carpet Bags 3se and 900 pa
avenue, National HoteI Building. 90 lO-Sm
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

The BALL of the Merry Social Club, on Monday
night, at the Navy Yard, was a vastly pleas ant
affair, and gave the greatest satisfaction to all
present Schroeders fine band did up the music
and MIR. James Kenton performed the serviceable
as ballet master.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

MRS: WINsLOw, an experienced nurse and female
physician, has Soothing Syrup for ChiIden Teeth
,ng Thch greatly facilitates the process teething
by sOftenlng the gums reducing all inflammation
bowels. Depend upon it. mothers, it will give rest
TO yourselves. and relief and health to your Infants
hnnther column 90 lily
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

BEAR IN MIND the ball Of the Liberty Club, this
evening, at Franklin Hall corner Ninth and b sts.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

Pr NIRs-Persons desiring Pennies will ALWAYS
lind them for exchange at the Star Office oounter
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

TRANSFER OF PoLICEMEN.-We understan nd
that Norwood, w for long time had beer
stationed, with an assistant at the hack and ON
nibus stands at sixth street, on the avenue. ha.
been transferred to the night service, and jaime.
Irwin stationed in his place. This transfer wa.
made as punishment for INSTRUMENTATION on the
part Of Norwood towards Lieut. Thomas.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

EOETHE'S CORRESPONDENCE WITH
VI Child, price Sl.25.
The Lifs and Correspondence of Thomas Arnold,
D late head master of Rugby School, and Regus
Professor of Modern History in the University of
Oxford, by Arthur Penrhyn Stanley, NJ. A., In two
volumes price 81.
Speeches of Thomas COrwIn, with steel plate
portrait ard sketch Of his lie. Edited by Isaac
Strnhn; price 81.
For sale at TAYLOR Il MAURY'S,
de9 334 Pa ave-, bet 9th and 10th sts.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

BY j. G. MCGUIRE CO., Auctioneers
TRUSTEES SALE OF HORSE, HARNESS.
aSp BAKERS WASoN.-On THURSDAY
MhORNiNG, January l2l h, at II O'Clock, IN front Of
by virtue of a deed oftrust, fled for record Novem
Der Soth, 1882 among the land records for Washing
ton county, shall SELL
One Work Horse, Bakers Wagon and Harness.
Terms; A credit offs and 81 days, Tor satisfacto-
torlIy endorsed notes, bearing interest.
~ A. =. l.. kEESE, Trustee.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

sons collected in the middle OF Pennsylvania ave
nue. near the Capitol gate, yesterday evening, to
look at the remains of what had been Just previ-
what was now reduced to an undoubted wreck
The forward axle broke in coming down Capitol
Hill, and let the driver over the washboard the
horses trottng along very quietly, and dragging
the mud for a considerable distance. Finally the
animals discovered what was to pay and stopped,
and the driver got up, and after collecting the
scattered parts of the demolished vehicle into a
pile, he departed in quest Of clean pond in
which to leave the mud accumulated upon his
person. An old gentleman who was in the hack
at the time, left in haste at early stage of the
proceedings.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

WE ARE REQUESTED to invite attention to the
advertisement of DIR. Woofson, tho Opticlan, 264
pennsylvania avenue, between Tu efth and Thr-
teenth street,, which appea rs in the IntelIigencer
and states 1t will be seen that his 'stre tightening
many eminent Gentlemen. presumed to he judges Of
their good qualities, and of the comfort TO be de-
rived from their use by those VIII" require the aid
OF these important Observation-Disclosures. Dr.. w. has
been located In this CITY for several years. de 2Dy
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

MOORE'S WEST END DRUG STORE,
AVl 113 PA AVENUE. South SIDE.
Strangers and others desiring Pure Medicines
should PatrOnlze the above estah ishment:<
all articles usually kept IN frst-cass Drug u
Stores.
III Very particular attention paid to the dis
pensing phys cIsns' prescriptions. ja22w
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

THE Observation-Disclosures the Presi-
dents Levee, last evening, Mr.. James f. Muir
doch and the Holiday street Theatre company
Were welcomed at our Theatre, by a large and
fashionable audience. Among the visiting COM
G. Gladstane, Mr. F. Williams. and Mr. Stuart
Robson. As we have already stated, 1t is gener-
ally conceded that Mr.. Murdoch is the only actor
OF modern times that can play Rover, in wild
Oats as it should be played and he was partic-
ularly happy IN the character last night In fact
the play was well performed throug bout, Mrs.
Gladstane appearing to excellent advantage as
Lady Amaranth, and the rest Of the cast gener.
ally sustaining well their parts The perform
ance tonight will be particularly interesting, be.
ing 'The lnconstant,n Mr.. Murdoch in the prin.
cipal character, and favorite farce
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

A VALUABLE FARM FOR SALE-Situatcd
"a IN Alexandra county, about ~ miles from
6eorgetown, at the intersection of the GEORGETOWN
ana Little Falls roads. consisting of log acres. In
Ntn and streets. Washington, d. C. ia loft
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

By ]. c. MCGUIRE & CO., Auctioneers
RENaF. FRESCH'S TENTH ANNUALS SALE
- OF Books and Stationery at auction, at store of
w. F. Bayly, 27. Pa. avenue sales every evening
until after Christmas, The stock is now complete
In every department. OF Literature, Science, and
Art, Holiday Books from the smallest Juvenile up
TO fire Gift Books worth $50 fine Bibles and PRAYER
Books Buffers fire Gift Books, for 1865 Stationery
of every variety; all Of which will be sold very low
To close the entire stock out In 80 days. Books at
private sale at half price. Call ard see.
de H-d BEN F. FRENCH Salesman.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

II WOULD HARDLY TO TOT any one nova days to
J. HO letters Ce5e6raied Stomach .B;ffersv for A ii
diseases Of the stom.ch. In CASES of Dyspepsia, ,
Bodily, Weakness, C0stlveness, Dysentery anu
many virtues have long siace been made plainly ap
parent. They purge from the system the morbid
hnmors hlch re:ard their natural functions, ard
which bring paeness to the cheek, and suffering to
the brOT. They banls n those clogs upon pleasure,
restore the system to high health and neces saily
prove valuable adjurct to the deestive organs.
trial Is all that is needed to establish them in the
confidence of the skeptic,
For sale by Druggists and dealers general ev
erywhere. IN o cost
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

AssluLrs-Wm. Newton, coiored. was ar
rested this morning by Carter aud Williamson for
as ,ult and battery small white boy, on the
Avenue He was taken before Justice DOM AID
sent To Jail for court.
Mr. Homer, Of the Auxiliary Guard, arrested
Francis swim for assaulting and beating his wife,
end for profanity In the streets Justice Dom sent
In TO the workhouse for ninety days.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

FOR RENT-The south HOUSE of the row Of
street between ID and r streets north. Also, the
three new our;st9Iy dwellings on 4th street front
all the modern improvements, and are desi ably To-
e ns5 cd, For terms, &c, apPIy to BALDWIN 4
Attorney at Law, No. 10 la. avenue, near 9Th st.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
The LATEST

The eXertions for saving more lives are still 90
ing on with unreiaXed efforts Streams of waie
from the force pumps aud engines are kept pour
ing on the heated mass. Previous TO the FIRE an,
subseq uently the screams aud groans of the vic
TINS were terrifying, but no earthly power coul
relieve them
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
QUERU's Cop LIVER OIL JELLY

.APprnved by the New York Academy of Medi-
oil. II Is the only cure for Sorofulas. Consumn
ton and all kinds of Coughs.
ALSO,
QUERU's JRLLIFIRD CASTOR OIL by which the
0fensi ice greasness of the oil obviatod For sale
by all respectable druggists In Washington and
GEORGETOWN
PKNFOLD, PARKER 4 MOWER, Wholesale gents
La hickman street, New York city. no SIN
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11
FOR SALE AND RENT.

Two NICELY FURNISHED ROOMS TO
Il LET. Apply 219 Pa. avenue.
It, pnTENTJNI
Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-11

Boston, Jan iO.-The Pemberton co,,o, u,p.
al Lawrence, Mass employing -four To i've hun
dred hands. fell this afternoon buryin, ,n g..
,dlns nearly every person therein. Manpled
supposed that over two hundred persons w,re
killed instantly.
The Placer herald., 1860-02-18
Sabbath School Books

PUBLISHED BY THIS HOUSE.
THE ANNIVERSARY IND SUNDAY
School Music Book, No. l. contains 81 tunes and
bymns Price 3 cents each, 81 per hundred
The anniversary and Sunday School Music
Book No. 2, contains 35 tunas and hymns. Price
:, cents each. So per hundred.
The anniversary and Sunday School Music
Book No. 3, contains so tunes and hymns. Price
4 cents each So per hundred.
The anniversary and Sunday School Music
Book combining Nos and g with several ad-
ditiona pieces contains IS tunes and hymns
Price cents each, IS per hundred
The Revival Penny Music Books, Nos. and q.
No. contains ls tunes and hymns. Price one
cent. No. 2 contains 36 tunes and hymns. Price
3 cents each, So per hundred. Postage one cent
each.
The Sabbath School Bell contains Isl tunes
and bvmns Price IL cents each So per hundred,
postage 2 cents each; elegantly bound, 20 cents
each. SIS per hundred.
Congreg gataOnal Singing. = An eight page
Tract. Price rs cents per dozen, sl,5o per
hundred.
The Placer herald., 1860-02-18

suppose themselves cured, but after few m,.,
find they are troubled with various svmntnAl vn.ns
which they never had BEFORE and which thapp hnp'ems
it impossible to relieve. To all who are S ay;a and
in this way Dr, Young would particularly rsa .ea
which you are troubled are caused by %s tais with
the blood, which sooner or later will nss dnss- IN
health and happiness. No person who b.0 essroy
had an attack of any private complaint Oh evef
fail to consult Dr. Young, and take few hot. bnt1d
of his invaluable purifying medicine. os 'tses ttas
can rest assured that their blood is in perfectly
pure and healthy condition, and that every tracy
Recent cases cured in from two. tn five !,
without change of diet or hindrance from bu
css or no fee. DIR. J. G. YOT1NN
The Placer herald., 1860-02-18
SUMMONS.


STaTE OF C.ALIFOR.FAa IS
COUNTY OF PLACER.
DISTRICT Cornr OF THE ELEVENTH JUDICIAL Dis
rRICT OF SAID STATE.
THE PEOPLE OF THE STATE OF CALIFORNIA: 10
ROBERT THOMPSON, GREETING:
VOU IRE HEREBY SUMMONED to answer
II the complaint of MARGARET THOMPSON. in
said Court, fled against you, within ten days
from the service of this Writ, exclusive of the
day of service, if served on you in this county,
but if served on you without said county. and
within said District, twenty days; and if served
on you without said County and District, then in
forty days from such service, exclusive of the
day of service in an action commenced on the
18th day of November, 1859, in said Court, in
which action Plaintiff prays Judgment against
YOU for Divorce from the Bonds of Matrimony
and costs Of suit, and alleges as cause therefor
that you being her husband have wiifuVy desert
ed her, for the period of over three years next
preceding this date. and treated her with cx-
treme cruelty in the month of January, A. p
1856. find you are hereby notified that If you
fail to answer the complaint as directed. Plaintiff
will apply to the Court for the relief above men,
toned.
In witness whereof. l. Henry Good.
ing, Clerk Of the llth Judicial
District Court aforesaid. dc
(.-l hereunto set my hand and i'm
1LS} press the seal Of said court. al
l--1 office in Auburn, this 10Th day
Of November, A. u. 1859
HENRY GOODING, CLERK.
| November 26th, lS59.-3m
The Placer herald., 1860-02-18
Miners VS.. Ranchmen-The Preferential
Right to use Water.

A case Of unusual Importance to the min
ing and agricultural interests was recently
decided in the County Court Of Tuolumne
county, 1t was an appeal, says the Sonora
Age from Justices Court, and as the deci-
sion Of the County Court in such cases is
final, its rulings must be taken as the law of
the land The action was commenced in
July last, before Justice of the Peace, by
Ainsley and others, owners of a mining claim
situated on Sullvan's Creek, near the eros
sing OF the Sonora and Kincaid's Flat road,
against Hyde and others, owning and occu-
pying ranches situated several miles above,
on the same stream, and through which its
waters flow. The action was for damages
alleged to have been sustained by the plain
tiffs, IN consequence of division Of the
water by defendants for the purposes Of irri-
cation on their ranches. A trial was had
before the Justice and judgment obtained
| for plaintiffs, and from this judgment the
defendants appealed. Under instructions
from the Court the jury returned verdict
for the appellants. The following is Il por-
ton of the charge of the Court to the jury:
A party who locates ground through
which water course passes, for the purpose
of ranch, is entitled to use and convey the
water thereof to his ranch, in reasonable
quantity, for the purpose of irrigation, for
cattle, and for domestic and culinary pur-
poses; and he has prior right to the reason
able use Of the water for such purposes,
against miner or any other person who sub
sequently locates ground for any purpose
on said stream Provided that after using
said water in reasonable qnantity for such
purposes, he returns the balance of such
water into the stream on his own ground, so
that it can run down to such subsequent
locator.
There is great difference between the
diversion Of water and the diversion of a
,rater course, and party would have right
to divert reasonable quantity of the water
for the purposes aforesaid, when he would
have no right to divert the watercourse
ITSELF
The miner possesses, un,;er the laws Of
this State, no superior right of property to
the agriculturist, except in the single instance
where the law permits the miner to enter
upon a ranch, &c, for the sole purpose o
digging gold; with regard to water, then
rights are equal.
When two mining claims are located in
the bed of stream, the one first located
will be entitled TO the first right to the
water, provided he commenced its actual
use as soon as necessary after locating and
developing his claim; and the same rule
would apply as between ranch and a min
ing claim, or between two ranches.
The maxim of law is, that the law does
not compel party to do vain thing, (lez
non cogit ad vana,) and it does not require &
party locating ranch to actually use the
water before, with reasonable diligence, il
becomes necessary for him so to do; and such
non use, under such circumstances, cannot
affect his right TO the water.