Moneys to be transferred to School Fund.

CHAP. XXVII.-An Act to Transfer certain Funds.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Treasurer of the County of Humboldt is authorized and directed to transfer to the School Fund of said county all moneys now in the General Fund, which have been paid in under the provisions of an Act entitled "An Act concerning the Location and Possession of Mining Claims." Approved February 27, 1866.

Corporate authorities etc., after entry of land occupied as a

town site, required to convey title.

Title to be conveyed to

time of

CHAP. XXVIII.-An Act prescribing Rules and Regulations for the execution of the Trust arising under the Act of Congress entitled "An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands," approved March 2, 1867.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows.

SECTION 1. When the corporate authorities of any city or town, or the Judge of the District Court for any county or district in this State, in which any unincorporated town may be situate, shall have entered at the proper land office the land, or any part of the land settled and occupied as the site of such city or town, pursuant to and by virtue of the Act of the Congress of the United States entitled "An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands,” approved March 2, 1867, it shall be the duty of such corporate authorities, or Judge, to dispose of and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter specified.

SEC. 2. Any such corporate authorities, or Judge, holding the title person equi- to any such land in trust, as declared in said Act of Congress, shall, by table title at a good and sufficient deed of conveyance, grant and convey the title to entry. each and every block, lot, share, or parcel of the same, to the person or persons who shall have, possess, or be entitled to the right of possession or occupancy thereof, according to his, her, or their several and respective right or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her, or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease or sale, from one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be as to admit changed or impaired by any such conveyance. Every deed of conveyord. ance made by such corporate authorities, or Judge, pursuant to the pro

Rights of persons not impaired.

Deed to be executed so

same to rec

visions of this Act, shall be so executed and acknowledged as to admit the same to be recorded.

thirty

receipt of

SEC. 3. Within thirty days after the receipt by them or him of a Notice to be patent for such lands, the corporate authorities, or Judge, entering the given withsame, shall give public notice thereof by publishing such notice in a days after newspaper printed and published in the county in which such city or patent. town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this State. Such notice shall be so published once in each week, for at least ten successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the patent.

required to

writing.

barred

When proceedings to be certified to District

Court.

SEC. 4. Each and every person, company of persons, association Claimant or corporation, claiming to be an occupant or occupants, or to have, sign statepossess, or be entitled to the right of occupancy or possession of such ment in lands, or any block, lot, share, or parcel thereof, shall, within one year after the first publication of such notice, in person, or by his, her, their or its duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel, or parts, in which he, she, they or it claim to have an interest, and the specified right, interest or estate therein, which he, she, they or it claim to be entitled to receive, and deliver the same to, or into, the office of such corporate authorities, or Judge; and all persons failing to sign and de- When deliver such statement within the time specified in this section shall be forever debarred the right of claiming or recovering such lands, or any interest or estate therein, or in any part, parcel or share thereof, in any court of law or equity; provided, that the provisions of this section shall not apply to the property of minors or insane persons. SEC. 5. Should two or more persons claim adversely the title to any lot or lots, or parcels of land within the boundaries of such city or town, the corporate authorities, or Judge, having entered the same, shall, immediately after the time for filing claims has expired, certify and transmit all proceedings and papers, had or being before them or him in the premises, to the District Court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court fee and costs, the Clerk of such District Court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities, or judge, being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in said Court. The Clerk shall, upon the receipt by Clerk to him of such papers and proceedings, serve upon each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block or parcel so contested, and the name of the adverse claimant. Upon the final Conveyance determination of such contest, the Clerk of the District Court, or Supreme Court, as the case may be, shall forthwith certify the decision to the corporate authorities, or Judge; and upon the receipt of such de- test. cision, duly certified, the corporate authorities, or Judge, shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels, of land awarded in such decision.

serve notice

to be made upon final détermination of con

SEC. 6. Any party in such action deeming himself or herself Appeal. aggrieved by the determination or judgment of the District Court, in

made upon

of purchase

expenses.

such cases, may appeal therefrom to the Supreme Court, as in other

cases.

Deed to be SEC. 7. After the issuance of the patent for such lands, it shall be payment of the duty of the corporate authorities, or Judge, to whom such patent proportion shall issue, to make out, execute and deliver to each person, company, money and association or corporation who may be legally entitled to the same, a deed in fee simple, for such part or parts, lot or lots, of land, on payment of his, her, their or its proper and due proportion of the purchase money for such land, together with his, her, their or its proportion of such sum as may be necessary to pay for streets, alleys, squares, and public grounds, not exceeding fifty cents for each lot, and also such further sums as shall be a reasonable compensation for prepaying, executing and acknowledging such deed, not exceeding the sum of five dollars for the first, and one dollar for each additional lot claimed by the same owner; also for prepaying for the stamps required by the laws of Congress and of this State to be attached to such deed; and also for counsel fee and for moneys expended in the acquisition of the patent, and the administration of the trust, including reasonable charges for time and services employed in such trust, not exceeding the sum of fifty cents for each lot, and the foregoing charges shall be full payment for all expenses attending the execution of the trust.

When

lands to be sold.

SEC. 8. If all the lots, blocks, shares, or parcels of such land are not legally conveyed to the proper owners before the expiration of one year after the same shall have been passed upon by the corporate authorities, or Judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such city or town, after paying their proportionate share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by published. this section shall be published as is provided for the notice required by Section Three of this Act; provided, that the provisions of this section shall not apply to the sale of real estate belonging to miners or insane persons, except upon an order of Court authorizing such sale, which order may be made by the Court upon an ex parte application under oath of the trustee named in this act.

Notice of sale, how

Proviso.

Trustees may dis

charge trust after going

out of office

When suc

execute

trust.

SEC. 9. Any corporate authorities, or Judge, becoming a trustee under said Act of Congress, who shall, prior to the final execution of their trust, as provided in this Act, go out of office, shall be, and they are hereby authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects, in the same manner, and subject to the same duties and requirements as if they had continued in office.

SEC. 10. In case of death, removal from the State, or other discessor may ability of the trustee to execute the trust created by said Act of Congress, it shall be lawful for the corporate authorities, or Judge of the District in which any such city or town is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized and they are hereby empowered to execute the same, in all respects in the same manner, subject to all the duties and requirements as provided in this Act.

Repeal.

SEC. 11. All Acts heretofore passed in conflict with the provisions of this Act are hereby repealed.

CHAP. XXIX.-An Act to relinquish title to and granting jurisdiction over certain property within this State to the United States.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

diction over

ed.

SECTION 1. All right, title and interest the State of Nevada may Right in, have in that certain piece or parcel of land, conveyed by James L. and jurisRiddle, dated March 3d, A. D. 1865, and Moses Job and wife, dated relinquishJune 19th, 1865, to the United States of America, and described as block No. 65, Procter and Green's division of Carson City, Ormsby County, State of Nevada, the present site of the United States Branch Mint, being one hundred and seventy (170) feet square, is hereby relinquished and granted to the United States, together with full jurisdiction in and over the said tract of land herein described, and the same shall be exempt from taxation.

SEC. 2. This Act shall take effect from and after its passage.

CHAP. XXX.-An Act to aid in the erection of the National Lincoln Monument.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

tion.

to draw

SECTION 1. The sum of five hundred dollars is hereby appropriated Appropriaand set apart out of any moneys in the State Treasury, not otherwise appropriated, for the purpose of carrying out the provisions of this Act. SEC. 2. The Controller of State is hereby authorized and directed Controller to draw his warrant for the above sum, in favor of Governor H. G. warrant, Blasdel, who is hereby authorized to receive any moneys that may be Governor appropriated by the State for the purpose of carrying out the provisions and forof this Act, and to forward the same to the Trustees of said National ward. Lincoln Monument.

to receive

What lands deemed public.

Right of

What deemed unlawful entry.

CHAP. XXXI.—An Act to amend an Act entitled "An Act prescribing the mode of maintaining and defending possessory action on Public Lands in this State," approved March 9th, 1865.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section (7) seven of said Act is hereby amended so as to read as follows:

Section Seven. All lands in this State shall be deemed and regarded as public lands, until the legal title is known to have passed from the Government to private individuals or parties. Every person who shall have complied with the provisions of this Act shall be deemed and held to have the right or title of possession of all the lands embraced within possession. their survey, not to exceed one hundred and sixty acres; and any person who shall thereafter without the consent of the person so complying enter into or upon said lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any Justice of the Peace of the township in which the lands are situated, (or in case of the absence or other disability of such Justice, before any other Justice of an adjoining township). Such proceedings may be commenced and prosecuted under the provisions of an Act of the Legislature of the State of Nevada, entitled An Act concerning forcible entries and unlawful detainers," approved February 16th, 1865; and all the provisions contained in said Act are made applicable to proceedings under this Act.

66

Officers

CHAP. XXXII.—An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION. 1. Each officer authorized by law to take the proof or taking acknowledg- acknowledgment of the execution of conveyances of real estate, or ments re- other instrument required by law to be proved or acknowledged, shall quired to keep record. keep a record of all his official acts in relation thereto in a book to be

provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward.