lows: For receiving and filing each application, one dollar; for swearing the applicant, including jurat, one dollar; for swearing each witness, including jurat, fifty cents; for making out and transmitting copies of application, with notice to U. S. Surveyor and local U. S. Land office, and subsequent notice of approval, three dollars; for making any survey required to be made, the same fees as now provided by law. There shall be collected from each purchaser for each patent issued the sum of ten dollars, which shall be paid into the State Library Fund. SEC. 11. Whenever two or more persons shall make application to Contests. purchase the same lands, other things being equal, the person making application first in point of time shall have the preference. In all other cases the officer before whom the application is made shall proceed to hear the proofs and allegations of the contestants, and decide the matter in a summary way. The party against whom the decision is made shall, within twenty days after being notified in writing of the character of the decision, notify the officer making the decision, which notice shall also be in writing, that he excepts to the decision, and appeals from the same to the District Court of the county in which the land lies. He shall at the same time deposit with the officers ten dollars, which shall be in full compensation for filing in the Clerk's office copies of all the proceedings had before him, and he shall so file the same within ten days. The District Court wherein such copies shall have been filed shall have jurisdiction to proceed, to hear and determine between the contesting parties who are entitled to purchase the lands sought to be purchased under the provisions of this Act. Costs may be awarded to the successful party, as in other cases, and judgment rendered therefor and enforced, as in other civil cases. lands. SEC. 12. Whenever the sum of five thousand dollars shall accumu- Reclamalate in the Swamp Land Fund, due to any county, upon application tion of by petition to the Board of County Commissioners of such county, asking for the reclamation of any tract or tracts of swamp and overflowed lands, and such petition be signed by the holder or owners of receipts or patents for the purchase of one-half of the lands sought to be reclaimed, it shall be the duty of the Board of County Commissioners to appoint some suitable civil engineer to make an examination and survey of such tract or tracts of land. The engineer shall, with the plat of such examination and survey, return an exhibit, showing the levels of the country surveyed; the average depth of water in winter and in the sources from whence the water flows in to cover the land; the heighth and width of embankments necessary to prevent overflow; the depth and width of sloughs to be filled; the stream to be diverted; and specify in detail the work necessary to be performed for the reclamation of the tract or tracts of country sought to be reclaimed, also an estimate of the total cost of the work. He shall make, or aid and assist in making plans and specifications for the reclamation of said lands, and give general directions for the work to be done, subject to the orders and control of the Board of County Commissioners. The Board of County Commissioners may remove such engineer and appoint another at will. summer; for reclama SEC. 13. If, in the opinion of the Board of County Commissioners, Contract the total cost of reclaiming the tract of land, including all expenses tion of necessarily incident thereto, mentioned in the petition, will not exceed lands. in the aggregate of one dollar per acre, and such further sum as may be subscribed and paid by individuals, the Board may in its discretion Award of contract. Allowance etc. adopt the plan presented, or any other plan based upon the same survey, and advertise for bids or proposals for doing the work. Before letting any contract for doing the work, notice shall be advertised for at least three weeks in some newspaper printed and published in the county, or if there be none so published, in a newspaper in some other county in this State, setting forth that sealed proposals up to a specified date, which shall not be less than thirty days, will be received by the Board of County Commissioners for performing the work of reclamation according to plans and specifications adopted. The notice shall state where the plans and specifications may be seen, and that the work will be let to the lowest responsible bidder. SEC. 14. The Board shall award the contract to the lowest responsible bidder, but may reject all bids if deemed too high, and advertise for further proposals if deemed advisable. The person to whom the contract shall be awarded shall enter into bond with two or more good and sufficient sureties, to be approved by the Board of County Commissioners, payable to the proper county in double the amount of the contract, conditioned for the faithful performance thereof. Said bond shall be for the use of the Swamp Land Fund, due to the county. In all cases where any ditch, levee or embankment, or other means of reclamation which has already been constructed by any person or persons owning lands, shall be used in the work of reclamation, the same shall be measured, estimated, and paid for to the owners thereof at the contract price, and the sum so paid deducted from the amount to be paid to the contractor. SEC. 15. All amounts accruing for work done and expenses incurof expenses, red under the provisions of this Act shall be ascertained and allowed by the Board of County Commissioners, and the several sums so allowed shall be made payable out of the Swamp Land Fund, due to the county, and not otherwise. Whenever any money shall be audited in any county, payable out of the Swamp Land Fund, the clerk of the Board of County Commissioners of such county shall certify the gross amount thereof to the State Controller, who shall present the same to the Board of Examiners; and if the same be found correct, the Board of Examiners shall order the State Controller to draw an order in favor of the proper county for the amount thereof directed to the County Treasurer, directing such County Treasurer to pay the same to the person entitled thereto, according to the warrants issued against the same by the County Auditor, out of any moneys in his hands as County Treasurer belonging to the State. The Controller shall transmit such order to the County Auditor, who shall deliver the same to the County Treasurer, so soon as there shall be funds in his custody belonging to the State sufficient to meet the same. The County Treasurer, upon receiving such order, shall set apart from said fund money sufficient to meet the same, and shall stand charged therewith. The order aforesaid shall be a voucher in favor of the County Treasurer holding the same, in his next settlement with the State. Contractor may enter upon private lands. SEC. 16. In the performance of any work necessary to the reclamation of the swamp and overflowed lands as herein provided, any contractor may enter upon and take possession of so much of any of said lands as may be necessary for that purpose. If it become necessary to enter upon the lands of private individuals, and such lands be not part of the swamp and overflowed lands belonging to, or sold by this State, and the right of entry upon, and use and possession of so much thereof as may be necessary for that purpose, be not granted by the owners there of, the Board of County Commissioners shall petition the District Court, in which said lands are situated, to appoint three appraisers to assess the damages arising from the taking of such lands; and, upon the filing of such petition, the Court shall fix a day for the hearing thereof, and direct notice of such hearing to be given in such manner, and for such length of time, as the Judge of said Court may direct. SEC. 17. Upon the hearing, the Court may appoint three disinter- Appraisers ested persons, who shall have full power to proceed to such premises, and ap pointed. and to examine, hear and determine all questions of damages and injuries to such land, arising from such taking and use, and to award the amount of the same to the person or persons entitled thereto, and for this purpose said appraisers shall have power to administer oaths. The appraisers shall make their report in writing, and file the same in the Report. proper Court, and the same shall be approved or set aside for cause shown; and if set aside, other appraisers appointed who shall proceed in like manner. An award after being approved shall have the effect of a judgment, and the money directed thereby to be paid, shall be paid in like manner as for work done and completed in the total cost of reclamation, as a portion of the charges against the tract of land to be reclaimed. No damages shall be allowed to owners or purchasers of lands sold under the provisions of this Act. Commis ested in SEC. 18. No County Commissioner shall be concerned or inter- County ested, either directly or indirectly, as principal, partner or agent, or sioners not in any other manner in any contract to be awarded by the Board of to be interCounty Commissioners under the provisions of this Act, or in the contract. profits to be derived therefrom. Any County Commissioner convicted of violating the provisions of this section, shall be deemed guilty of felony, and such conviction shall work a forfeiture of his office, and he shall be punished by imprisonment in the State Prison not less than one, nor more than three years. CHAP. CXI.-An Act to provide for the payment of the claim of [Approved March 8, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: to audit and SECTION 1. The Board of Aldermen of Virginia City, Storey Aldermen County, are authorized and empowered, and it is hereby made their authorized duty, to audit and allow, from that portion of the Redemption Fund of allow claim. said city, created under the Act entitled "An Act supplementary to and amendatory of, an Act entitled 'An Act to provide for the payment of the outstanding indebtedness of Virginia City, Storey County,' approved January 27th, 1865;" approved March 3d, 1866, the claim of John W. Keller, to the sum of fifteen thousand five hundred dollars in legal tender notes of the United States. Said sum of fifteen thousand five hundred dollars being in liquidation and full payment of the following described warrants or orders, and interest thereon, to wit: Warrant No. (1453) fourteen hundred and fifty-three, dated October Board to order payment on indebted ness. 13th, 1863, for the sum of two thousand dollars, with interest thereon until paid, at the rate of five per cent. per month; also, warrant No. sixteen hundred and fifty-nine, dated December 30th, 1863, for the sum of four thousand and forty-five dollars, with interest thereon from date until paid, at the rate of five per cent. per month. SEC. 2. Whenever the said John W. Keller, or his assigns, holder of the claims described in section one of this Act, shall present and surrender of surrender to the Board of Aldermen of said city, the evidences of indebtedness hereinbefore described, the Board of Aldermen shall pass an order directing the Treasurer of said city to pay to said John W. Keller, or his assigns, out of moneys in the Redemption Fund, under the Act approved March 3d, 1866, the sum of fifteen thousand five hundred dollars, in United States legal tender notes; and it is hereby made the duty of the Treasurer, to pay on such order the amount therein specified, in liquidation and full payment of the demands mentioned in section one of this Act. Treasurer to pay. Deficiency. SEC. 3. In case there should not be sufficient moneys in said Redemption Fund to pay the full sum of fifteen thousand five hundred dollars, at the time of the presentation and surrender of said evidences of indebtedness hereinbefore provided, it is hereby made the duty of the Treasurer of said city to pay on such order of the Board of Aldermen all moneys in said fund, and to retain in his hands out of the first moneys coming into and belonging to said Redemption Fund, sufficient moneys to pay any deficiency which may remain unpaid thereon, and thereafter upon demand to pay such deficiency. Only one form of action. Parties designated. Question of fact. CHAP. CXII.—An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto. [Approved March 8, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: TITLE I. Of the Form of Civil Actions and the Parties thereto. SECTION 1. There shall be in this State but one form of civil action for the enforcement or protection of private rights, and the redress or prevention of private wrongs. SEC. 2. In such action the party complaining shall be known as the plaintiff, and the adverse party as the defendant. SEC. 3. When a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial. SEC. 4. Every action shall be prosecuted in the name of the real Action in party in interest, except as otherwise provided in this Act. whose name prosecuted. prejudiced. SEC. 5. In the case of an assignment of a thing in action, the action Set-off, by the assignee shall be without prejudice to any set-off or other de- when not fence, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note, or bill of exchange, transferred in good faith, and upon good consideration, before due. SEC. 6. An executor, or administrator, or trustee of an express Action by trust, or a person expressly authorized by statute, may sue without executor. joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this Section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. married woman SEC. 7. When a married woman is a party, her husband shall be When joined with her; except that: First-When the action concerns her separate property, she may sue alone. Second-When the action is is party, exceptions. between herself and her husband, she may sue or be sued alone. SEC. 8. If a husband and wife be sued together, the wife may de- Defense by. fend for her own right. to appear. SEC. 9. When an infant is a party, he shall appear by guardian, Infant, how who may be appointed by the Court in which the action is prosecuted, or by a Judge thereof. SEC. 10. The guardian shall be appointed as follows: First-When Guardian, how apthe infant is plaintiff, upon the application of the infant, if he be of the pointed. age of fourteen years; or, if under that age, upon the application of a relative or friend of the infant. Second-When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons; if he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant. SEC. 11. A father, or, in case of his death or desertion of his fam- Injury to child, etc. ily, the mother, may maintain an action for the injury or death of a child; and a guardian for the injury or death of his ward. who may SEC. 12. All persons having an interest in the subject of the action, Plaintiff, and in obtaining the relief demanded, may be joined as plaintiffs, ex- be joined. cept when otherwise provided in this Act. who may be made. SEC. 13. Any person may be made a defendant, who has, or claims, Defendant, an interest in the controversy, adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. who to be SEC. 14. Of the parties to the action, those who are united in inter- Parties, est shall be joined as plaintiffs, or defendants; but if the consent of any joined. one, who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the Court, one or more may sue or defend for the benefit of all. Tenants in common, joint tenants, or copartners, or any number less than all may jointly or severally bring or defend, or continue the prosecution or defense, of any action for the enforcement of the rights of such person or persons. liable may SEC. 15. Persons severally liable upon the same obligation or in- Separately strument, including the parties to bills of exchange and promissory be joined. |