Appeal—Record—Notice of Appeal Must Be Included .in Every Record.—Sections 951'and 952 of the Code of Civil Procedure apply to records on appeals prepared under sections 953a and 953e of that code, as in other cases, and a copy of the notice of appeal is a necessary part of every record on appeal and should be included in the transcript in all eases.

Water—Appropriation—Lapse through Failure to Prosecute Work. —Under section 1419 of the Civil Code, the right of an appropriator of water, so far as subsequent horn fide claimants under valid notices of appropriation are concerned, lapses upon the expiration of sixty days after his notice of appropriation was posted, if in that interval he does nothing further in pursuance of his notice.

Id.—Appropriation in Forest Reserve—Application for Permit— Extension of Time to Do Work—Right to Water an Interest in Land—Quieting • Titm.—An appropriator of water, whose proposed diversion works would he within a forest reserve of the United States, who has, in conformity with the requirements of section 1422 of the Civil Code, as amended in 1903, within sixty days after the posting of his appropriation notice, had a survey and map made of the proposed route of his proposed ditch from the proposed dam to the proposed place of use, and has applied to the United States authorities for a permit to construct the same over the land in the forest reserve, and prosecuted his application, with due diligence, acquires, while his application is pending and undetermined, an incomplete, incipient, conditional right in the water, which is a vested interest in real property, and w„hich may he adjudged to be such in an action to determine conflicting claims thereto, under section 738 of the Code of Civil Procedure.

Id.—Form of Judgment Protecting Incipient Right.—Such an appropriator has sufficient interest to entitle him to a judgment protecting that interest against all adverse claims which would he subordinate to his right, if he should comply with all the requirements of the statute and thereupon take the water and apply it to a useful purpose. Such judgment should not declare the plaintiff absolutely entitled to the water, nor enjoin the defendant from taking or using it during the intervening time prior to the completion of plaintiff’s works to a stage which will' enable him to divert and use it. It should only declare and describe the plaintiff’s contingent right to use the water and enjoin adverse claims or uses injurious thereto. If the plaintiff's right shall have terminated at or before the time of trial, the judgment should be for the defendant.