§ 1418. By a compliance with the above rules the claimant's right to the use of the water relates back to the time the notice was posted. § 1419. A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith. § 1420. Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must, after this title takes effect, and within twenty days thereafter, proceed as in this title provided, or their right ceases. § 1421. The recorder of each county must keep a book, in which he must record the notices provided for in this title. § 1422. The rights of riparian proprietors are not affected by the provisions of this title. See Act of April 1, 1872, To provide Irrigation, Appendix, p. 474 DIVISION THIRD, PART I. OBLIGATIONS IN GENERAL, §§ 1427-1543. II. CONTRACTS, §§ 1549-1701. III. OBLIGATIONS IMPOSED BY LAW, §§ 1708-1715. IV. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS, §§ 1721-3268. PART I. OBLIGATIONS IN GENERAL. TTLE I. DEFINITION OF OBLIGATIONS, §§ 1427-1428. TITLE I. DEFINITION OF OBLIGATIONS. SECTION 1427. Obligation, what. 1428. How created and enforced. § 1427. AN obligation is a legal duty, by which a person is bound to do or not to do a certain thing. § 1428. An obligation arises either from : 1. The contract of the parties; or, 2. The operation of law. An obligation arising from operation of law may be enforced in the manner provided by law, or by civil action or proceeding. [In effect July 1, 1874.] TITLE II. INTERPRETATION OF OBLIGATIONS CHAPTER I. GENERAL RULES OF INTERPRETATION, § 1429. CHAPTER I. GENERAL RULES OF INTERPRETATION. SECTION 1429. General rules. § 1429. The rules which govern the interpretation of contracts are prescribed by Part II. of this division. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted. CHAPTER II. JOINT OR SEVERAL OBLIGATIONS. SECTION 1430. Obligations, joint or several, &c. 1432. Contribution between joint parties. § 1430. An obligation imposed upon several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or, 3. Joint and several. § 1431. An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in the Title on the Interpretation of Contracts. This presumption, in the case of a right, can be overcome only by express words to the contrary. § 1432. A party to a joint, or joint and several obliga. tion, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him." |