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Same.

Same.

Same.

of said Court, and to be under the direction of a majority of the Judges thereof, twelve hundred dollars.

For contingent expenses of Supreme Court, to be expended under a majority of the Judges thereof, eight hundred dollars.

For stationery, fuel, lights, etc., for Supreme Court rooms, to be expended by the Clerk of the Supreme Court, under the directions of the Judges thereof, one thousand dollars.

For pay of porter of Capitol Building, excepting Supreme Court rooms, twelve hundred dollars.

For salary of Deputy Controller, six thousand dollars.

For prosecuting delinquents for infraction of revenue laws, to be expended under the direction of the Controller, two thousand dollars. For postage, expressage, and telegraphing for Controller's office, one thousand dollars.

For contingent expenses of Controller's office, three hundred dol

lars.

For pay of porter for Controller's office, four hundred dollars.

For salary of Clerk in State Treasurer's office, four thousand eight hundred dollars.

For postage, expressage, and telegraphing for Treasurer's office, three

hundred dollars.

For contingent expenses in Treasurer's office, three hundred dollars.
For pay of porter for Treasurer's office, four hundred dollars.
For expense of procuring State stamps, (to be paid out of any
money derived from sale of stamps) four thousand dollars.

For postage, expressage, and contingent expenses of Attorney-
General's office, two hundred and fifty dollars.

For traveling expenses of Superintendent of Public Instruction within the State, one thousand dollars.

For contingent expenses in office of [Superintendent of] Public Instruction, three hundred dollars.

For postage and expressage of Superintendent of Public Instruction, two hundred dollars.

For postage and expressage of Surveyor-General's office, one hundred and fifty dollars.

For contingent expenses of Surveyor-General's office, one hundred and fifty dollars.

For postage, expressage, and contingent expenses of State Library, four hundred dollars.

For insurance of State Library, six hundred dollars.

For furniture of State Library, two hundred and fifty dollars.

For contingent expenses of Board of Examiners, four hundred dollars.

For rent of Capitol Building, four thousand dollars.

For rent of office of Governor and Superintendent of Public Instruction, one thousand dollars.

For rent of Controller's office, eight hundred dollars.

For rent of Treasurer's office, eight hundred dollars.

For rent of Surveyor-General's office, four hundred dollars.

For the support of and conducting the State Prison, sixty thousand dollars.

For salary of Warden of the State Prison, six thousand dollars. For salary of Deputy Warden of the State Prison, three thousand six hundred dollars.

For State printing, paper, and official advertisements, to be expended

under the direction of the State Controller, Secretary of State, and a printing expert, or a majority of them, thirty thousand dollars.

For incidental expenses of Adjutant-General's office, five hundred dollars.

For extra clerical services in office of State Controller, two thousand dollars, and the Controller is hereby authorized to employ such clerical service as he may need, not exceeding the amount of this appropriation.

For salary of State Land Register, pay of clerk and draughtsman, expenses of selecting lands, for purchase of maps and charts, postage, expressage, contingent expenses and rent of office, such sums as may be provided by law.

For amount paid in excess of appropriation, for 1867, for printing, paper, and official advertisements, two thousand two hundred and fiftythree dollars and forty cents.

For stationery, fuel and lights for State offices, excepting Supreme Same. Court, four thousand dollars, said articles to be purchased by the several State officers, at the lowest rates at which such materials can be purchased, to supply their several offices.

For salary of State Mineralogist, six thousand six hundred dollars.
For outfit of State Mineralogist, eighteen hundred dollars.
For contingent expenses of State Mineralogist, four hundred dollars.
For traveling expenses of State Mineralogist, two thousand dollars.
For rent of office of State Mineralogist, six hundred dollars.

For care and storage of State property, during the fifth and sixth fiscal years, one hundred dollars.

For bounty and extra pay to Nevada Volunteers, five hundred dollars.

For rent of office for Justice Johnson, and use of furniture, six hundred dollars.

For State Prison contingent fund, two hundred and fifty dollars.
For the purpose of paying any deficiencies in the contingent funds
of the Senate and Assembly, to be paid out on the scrip issued by the
Sergeant-at-Arms of the two Houses, two thousand dollars.

of how

been ex

SEC. 2. The various State officers to whom appropriations other sworn than salaries are made, under the provisions of this Act, shall, with statement their biennial reports, submit a detailed and itemized statement, under appropriaoath, of the manner in which all appropriations to their respective de- tions have partments, other than the payment of salaries, have been expended; pended. provided, that no officer shall use or appropriate any money, for any purpose whatever, unless authorized to do so specifically by law. SEC. 3. Nothing herein contained shall be so construed as to apply Not to to any appropriations that may have been, or that may hereafter be, apply to made specifically by law.

specific appropriations.

Sale of swamp and overflowed lands.

Locating agents.

Purchase

of lands.

Oath.

CHAP. CX.--An Act to provide for the selection, sale and reclamation of the swamp and overflowed lands belonging to this State.

[Approved March 6, 1869.]

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

SECTION 1. The swamp and overflowed lands granted to this State by an Act of Congress, passed September 28, A.D. 1850, entitled “An Act to enable the State of Arkansas and other States to reclaim the swamp and overflowed lands within their limits," shall be sold at the rate of one dollar per acre, payable only in gold or silver coin, as in this Act provided, and shall be sold subject to the right of entry and use thereof, by proper authority, for the purpose of excavating trenches, constructing levees, and doing any work necessary to reclaim, as well other lands, as the particular lands sold. A statement to this effect shall be inserted in every patent issued for lands sold under this Act. SEC. 2. The County Surveyors of the several counties of this State are hereby constituted and appointed Locating Agents on the part of the State, with full power and authority to receive, hear and determine all applications for the purchase of the swamp and overflowed land of this State; and are held and made responsible on their official bonds for a proper discharge of their duties under the provisions and requirements of this Act. They shall receive and consider applications in the order in which the same are presented, and shall note on each application the date of receiving the same, and file and safely keep the same. For their services herein they shall be entitled to the compensation provided in this Act.

SEC. 3. Any person desiring to purchase any of said lands shall file an application in writing with the County Surveyor of the proper county, setting forth that it is his or her desire to purchase the land described in the application. The description shall be given according to legal subdivisions; provided, if said lands shall not have been surveyed and subdivided by the United States, the same may be described by their locality, and the purchaser shall, at his or her own expense, within three months thereafter, file a proper description by legal subdivisions of the lands sought to be purchased, with a statement that such is the correct description of the lands he or she desires to purchase. The applicant shall accompany a proper description of the lands with his or her own oath to the effect that a majority of each forty-acre tracts thereof is wet and rendered unfit for cultivation in its present condition by reason of being swampy or subject to overflow, according to the best of his or her knowledge or belief. The oath shall be supported by the affidavit of at least one other credible witness. If the Statement. application be made within the period allowed to settlers and occupants to purchase the lands occupied by them, in preference to others, the oath of the applicant and supporting witness shall also state that the lands embraced within the application are not settled upon or occupied by any other person or persons, or if occupied, the written consent of the occupant shall be produced and filed. The County Surveyor shall approve or disapprove all applications, within six months from the date

Approval or disapproval.

of filing same with proper description. If he disapprove any application on the ground that the land is not swampy or overflowed, he shall not approve any other application to the same land in favor of any other applicant, unless written notice shall have been served on such applicant and he or she decline to make the purchase. The first applicant desiring to do so, shall be entitled to make such purchase.

for lands

SEC. 4. All lands purchased under the provisions of this Act shall Payment be paid for within three months from the date of approval of the appli- purchased.. cation and notice to the applicant, unless a credit be desired. If the lands be purchased on a credit, the amount required to be paid on the purchase shall be paid within the time before stated. Any purchaser desiring it may have a credit of five years to pay for said lands, upon payment in advance of twenty per cent. of the purchase money, and ten per cent. in advance for one year's interest on the balance of the unpaid purchase money, and interest thereafter on the unpaid purchase money at the rate of ten per cent. per annum, in advance. Upon a sale being made, the County Surveyor shall deliver to the purchaser a statement, Statement. signed by him, containing a description of the lands sold, and whether sold for cash or on credit, and the full name or names of the purchaser or purchasers. The purchaser shall deliver such statement to the County Treasurer, and pay to such Treasurer for the land, if it be a cash purchase, at the rate of one dollar per acre; if on a credit, twenty per cent. of the purchase money, and ten per cent. on the unpaid purchase money for one year's interest. The County Treasurer shall thereupon deliver to the purchaser his receipt for the money paid, em- Receipt. bracing in the receipt a description of the land, and designating whether the same is in full for the purchase money or only twenty per cent. thereon, and one year interest on the unpaid balance, stating amount in round numbers, and in writing instead of figures; also stating when another year's interest will fall due. The purchaser may have said receipt recorded, and the same and the record thereof shall be prima facie evidence of title and right of possession in the purchaser and those holding under him or her.

SEC. 5. On payment of the purchase money, and presentation to Patent. the Register of the State Land Office of the State Controller's receipt, (who is hereby required to give the same to purchasers on full payment of the purchase money) the purchaser will be entitled to a patent for the land purchased. All patents for lands sold under the provisions of this Act shall be signed by the Governor, and countersigned by the Register of the State Land Office, and attested with the seal of his office. As soon as the County Surveyor shall approve an applica- Copy of tion he shall transmit a copy of the application with the accompanying to be transaffidavits (and other evidence, if any) to the U. S. Surveyor-General mitted to for the District of Nevada, and a like copy to the local U. S. Land Of- States fice, with his own notice appended, stating that said lands have been Surveyorselected and are claimed by this State as part of the swamp and overflowed lands belonging to the State, and the selection has been approved by him as such lands.

application

United

General.

furnish

SEC. 6. If any person after having filed an application to purchase Failure to lands under the provisions of this Act, shall fail within the time to description, furnish a proper description thereof, not having at the time of making etc. the application done so, within the time required, or shall fail for one year and a day from the date of the first receipt, to pay the annual interest, or shall for the like time, after the unpaid balance of principal of purchase money falls due, fail to pay the same, such person

Preference

given to actual settlers.

Purchase limited.

Proviso.

Swamp

Trust.

or persons so failing shall be deemed to have abandoned his or her right of purchase, and the same lands may be sold to another purchaser, the same as though the same had never been sold; provided, that no oaths or affidavits need accompany a second application to purchase.

SEC. 7. Actual settlers and occupants of any of the swamp and overflowed lands belonging to this State, shall have the preference over all others to purchase the same for a period of one year from the first day of June, A.D. 1869, to the extent allowed to be purchased by a single purchaser. No person shall be allowed to purchase more than six hundred and forty acres under this Act; provided, married women may purchase in their own name and right, irrespective of any purchase made by their husbands. All persons in the possession of or occupying lands by themselves, tenants or agents, shall be deemed to be actual settlers and occupants; provided, saline lands shall not be deemed or held to be any part of the swamp and overflowed lands of this State.

SEC. 8. All moneys obtained on account of the sales of swamp Land Fund. and overflowed lands shall be kept in the State Treasury as a separate fund, and known as the " Swamp Land Fund," and it shall be the duty of the County Treasurer of each county to receive and hold said money in their official character, and to pay the same over to the State Treasurer, at the same times and in the same manner as other State revenues, designating at the time of payment the amount propStatement. erly due to the Swamp Land Fund. County Treasurers shall also furnish to the State Controller, at the time of making their settlements, a statement duly certified by them, containing the names of each purchaser of swamp and overflowed lands, with a description of the lands purchased, the amount paid for the same, or if purchased on a credit, the amount paid on account of the purchase money, and the amount paid on account of interest. The amounts so received into the State Treasury shall be held in trust for the reclamation of the lands sold, and of other swamp and overflowed lands of the county, or of any swamp land district which may hereafter be created, embracing the lands sold, to be used under the proper orders of the Board of County Commissioners of the proper county as provided by law. Until reMoney may quired for reclamation purposes, the money which shall accumube used for late in the Swamp Land Fund, whenever the same shall amount to the sum of ten thousand dollars, may be used by the State, under the authority and management of the Board of Examiners for the redemption of the outstanding bonds of this State; provided, all sums of money so used shall bear interest in favor of the Swamp Land Fund, until returned, at the rate of ten per cent. per annum. SEC. 9. All public officers who shall receive moneys under the provisions of this Act shall be held liable on their official bonds for the safe keeping and proper disbursement thereof; and all persons swearing falsely to any matters requiring an oath under the provisions of this Act, shall be deemed guilty of perjury, and punished as provided by law for the commission of the crime of perjury in other County Surveyors are hereby authorized to administer all oaths necessary or required to be taken in proceedings under this Act. SEC. 10. All fees and expenses attending the purchase of swamp and overflowed lands shall be paid by the purchaser, and may be required to be paid in advance, as the services to be rendered progresses. There shall be allowed and paid to the County Surveyor fees as fol

redemption of bonds.

Proviso.

Officers

liable for

money received.

Perjury.

Oaths.

Fees and expenses.

cases.

any

of

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