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payment, or to sign and return to the Register such contracts, he or she shall forfeit his or her right to complete the purchase Forfeited of such land, and the title of the state to such land shall rest as payments. fully in the state as though it had never been applied for, and shall be subject to sale to any person or persons, including the person or persons so forfeiting such land on previous application. Any and all sums of money heretofore deposited as partial payments on lands so forfeited, shall immediately and unconditionally become the property of the state.

334. SEC. 11. The holder of any unlocated land warrant Unlocated of this state, heretofore issued, shall have the right to use the land warrants same in payment for lands which he or she may desire to purchase from the state, and any person holding any of said warrants for one hundred and sixty acres or less, at the rate of two and one-half dollars per acre, shall be allowed to surrender the same to the State Treasurer in full payment for double the number of acres expressed therein, of land valued at one and one-fourth dollars per acre. And upon the surrender of such land warrant to the Controller by the Treasurer, properly indorsed, the Controller shall draw his warrant upon the state school fund, in favor of the State Treasurer, for the amount of said land warrant.

paid into

335. SEC. 12. All moneys hereafter paid into the treasury Money on on land shall be paid in on an order from the Controller, and land, how all moneys refunded to applicants shall be drawn out upon a treasury. warrant issued by the Controller upon the Treasurer, as provided in section five of this Act. All purchases to be completed, or amounts to be refunded, upon special deposit receipts issued by E. Rhoades, defaulting Treasurer, and still outstanding, shall be disposed of in the following manner : Whenever purchase can be completed, in part or in whole, upon land thus applied for, the Land Register shall perfect such sale, surrendering to the Controller the Treasurer's receipts issued by said E. Rhoades, with his certificate of the completion of such sale, and the Controller shall receive and file the same in his office as vouchers. The Register shall at the same time also certify such sale to the Treasurer. And whenever, for non-approval of the land to the state, or other cause, the contemplated sale cannot be completed, the Land Register shall certify to the Controller that suid applicant is entitled to the amount paid, and the Controller shall file such certificate in his office as a voucher, drawing his warrant upon the proper fund for said amount, and the Treasurer shall pay the same. The Land Register shall, at the same time, certify the non-approval, or other cause, in like manner to the Treasurer.

land.

336. SEC. 13. An occupant or party in possession shall Preferred have a preferred right to purchase all the land that he or she right to buy may be entitled to purchase, for the period of six months after the date of approval to the state of the lands occupied or possessed by him or her, and when two or more persons, each claiming a preferred right by reason of occupancy or possession, apply to purchase the same lands, the Register shall certify

Two-millionacre grant.

such applications to the district court of the county in which such lands are situated, and notify the contesting applicants thereof. The Judge or court shall then appoint a commissioner in the vicinity of the land so in dispute, to take and report to such court all the testimony of the parties in the case. The contest shall then be tried and determined as ordinary actions in said court, and when so determined shall be certified to the Register, who shall proceed thereafter with the successful contestant in the same manner as if he alone had applied in the premises; provided, that all costs attending such contest shall be paid by the parties litigant, as the court or Judge may determine; and, provided further, that a preferred right shall be based upon occupancy or possession dating prior to any existing valid application to purchase the land having been filed with the Register. When two or more persons, neither claiming a preferred right, apply to purchase the same lands, the first applicant shall be allowed to purchase. When applications for the same tract of land are made simultaneously, neither of the applicants claiming a preferred right, the applications shall be certified to the district court of the county in which such lands are situated in the same manner as in cases where preferred rights have been filed. When, after applicants file preferred rights within thirty days from the expiration of the six months allowed for that purpose, the prior applicant shall be allowed thirty days from the date of such last filing in which to file his or her preferred right. It shall be the duty of the Land Register to notify, within a reasonable time, by registered letter, all unsuccessful applicants for land to withdraw the applications and moneys deposited in connection therewith. In case the applications and moneys so deposited are not withdrawn within six months from the date of such notice, such application and moneys shall be forfeited to the state. All claims of preferred right must be made by affidavit before an officer authorized to administer oaths.

ΑΠ

337. SEC. 14. All lands selected under the two-millionacre grant of June sixteenth, eighteen hundred and eighty, may be sold in tracts equal to one section to each applicant, notwithstanding such applicant may have heretofore purchased, or may hereafter purchase, three hundred and twenty acres of the state, selected under other grants of land to the state. No lands shall be sold in tracts less than the smallest legal subdivision. 338. SEC. 15. It is hereby made the duty of the Land select lands. Register to select as portions of the several grants of land to this state all lands for which money has been deposited under the provisions of this Act, and whenever he shall have knowledge of any tract or tracts of land within the state, which, for any cause, may appear to him to be of special value, and subject to location by the state, he may select the same.

Register to

Patents free.

339. SEC. 16. The title of the state to any lands sold under the provisions of this Act shall be conveyed by patents, free of charge, to the applicant, and none other, except as may be otherwise ordered by a competent court having jurisdiction of

the estate of a deceased applicant; patents to be in such form as the Attorney-General and Register shall jointly prescribe, to be prepared by the Register, signed by the Governor, and shall have the great seal of the state affixed by the Secretary of State, and shall be countersigned by the Register. The Secretary of State and State Land Register shall each keep a record of patents issued.

340. SEC. 17. The State Land Register shall be entitled, Salary of

as such Register, to a salary of two thousand dollars per annum, deputy. Register and payable monthly; and he is hereby authorized to appoint a deputy, who shall be entitled to a salary of two thousand dollars per annum, to be paid monthly. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasurer in favor of said deputy for the amount of his compensation then due, and the State Treasurer shall pay the same out of any money in the state school fund.

341. SEC. 18. The State Land Register is hereby author- Withdrawal ized to withdraw from the local and general land offices of the of selections. United States all selections that have been or may be erroneously made.

land office.

342. SEC. 19. The impression of the seal of the state land Seal of state office upon the original or copy of any paper, plat, map, or document emanating from such office, shall impart verity to the same, and such paper, plat, map, or document bearing the impression of such seal, shall be admitted as evidence in any court in this state, and the use of such seal by the State Land Register is hereby authorized.

of funds.

343. SEC. 20. All funds derived from the sale of lands Investment under this Act shall be invested in interest-bearing bonds of this state or of the United States, as required by section three, article eleven, of the constitution of this state. The proceeds of the sale of lands donated to this state by Act of Congress of July second, eighteen hundred and sixty-two, shall be invested by the Board of Regents, and the proceeds of other lands herein referred to, whenever the sum of five thousand dollars shall have been paid into the state school fund, shall be invested as directed by law.

allowed.

344. SEC. 21. All claims and accounts for services, or for Claims, how expenses authorized by and necessarily incurred in carrying out any of the provisions of this Act, except the salaries of the Register and his deputy, shall be presented and audited as other claims by the State Board of Examiners, and when any claim shall be passed and allowed by said board, they shall apportion the same, so payable or chargeable, to the proper fund derived from the sale of lands, and so much of the funds received from the sale of lands in the several grants as may be necessary for the payment of such audited claims, shall be und the same is hereby appropriated out of the several funds, respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board of Examiners is hereby authorized and directed to allow and direct to be paid

Other Acts repealed.

such sums to the Receivers of the United States land offices for any official services performed by them in relation to the designation of the selected lands, upon the books of their respective offices, as they may be justly entitled to receive under the laws of the United States or the instructions of the proper department at Washington City.

345. SEC. 22. An Act entitled "An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada," approved March fifth, eighteen hundred and seventy-three; also, an Act supplementary to the foregoing, approved March seventh, eighteen hundred and eighty-one; also, an Act to amend an Act entitled "An Act fixing the price of lands within the limits of the Central Pacific Railroad grant," etc., approved February nineteenth, eighteen hundred and eighty-three; also, an Act in relation to the sale of certain lands granted by the United States to the State of Nevada, approved March first, eighteen hundred and eighty-three, and all other Acts and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not divest any parties of any rights heretofore acquired under any of said Acts referred to.

State ex rel. Sharon v. Treadway, 7 Nev. 241; State v. Rhoades, 7
Nev. 434.

Location of

An Act to provide for the location of lands containing salt.

Approved February 24, 1865, 172.

346. SECTION 1. Any person may locate, claim, and hold saline lands. not exceeding one hundred and sixty acres of the public lands within this state containing salt or saline matter.

Duty of persalt lands.

347. SEC. 2. It shall be the duty of any person or persons locating sons locating salt lands to have the same surveyed by the County Surveyor of the county in which said lands are located, within thirty days from the date of location; and the Surveyor shall, within thirty days from the completion of said survey, make and deliver to the party employing him to make the survey, a correct description and plat of the lands thus surveyed, and the same shall be recorded in the office of the County Recorder of said county within thirty days from the delivery thereof by the Surveyor.

Location

passage of

348. SEC. 3. All locations made prior to the passage of made prior to this Act upon saline lands are hereby ratified and confirmed to Act ratified. the locators thereof, their heirs and assigns; provided, the parties now holding and occupying said lands shall, within sixty days from the passage of this Act, have the same surveyed and recorded as provided in section two of this Act.

349. SEC. 4. All persons claiming and holding saline When subject lands under the provisions of this Act shall keep and hold to relocation. actual possession of said lands by occupying the same, and whenever said lands are abandoned for a period longer than sixty days, the same shall be subject to relocation.

An Act ceding the jurisdiction of this state over certain lands to be acquired by the United States.

Approved February 24, 1885, 40.

diction.

350. SECTION 1. The jurisdiction of this state is hereby Ceding jurisceded to the United States of America over all pieces or parcels of land within the limits of this state that may be selected or acquired by the United States for the purpose of erecting theron a public building or public buildings for the acommodation of the United States courts, the postoffice and other government offices; and the United States shall have exclusive jurisdiction over the same during the time said United States shall be or remain the owner thereof, for all purposes except Exception. the administration of the criminal laws of this state, and the service of any civil process therein or thereon.

from taxation

351. SEC. 2. The lands aforesaid, when so acquired, shall Lands exempt forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States.

For a similar Act see Stats. 1883, 13.

An Act to provide for the record of patents to lands issued either by the State of Nevada or the United States of America, and other matters relating thereto.

Approved February 9, 1883, 35.

S. and state

admitted in

recorded.

352. SECTION. 1. All patents which have been heretofore, Certified or which may be hereafter issued by either the State of Nevada, copies of U. or by the United States, for lands situate in the State of Nevada, land patents may be recorded as they are issued in the office of the County evidence, Recorder of the county in the State of Nevada where said lands when original are situated; and when so recorded, copies of such records, certified as required by the laws of the State of Nevada, may be used in evidence in any court of the State of Nevada in the same manner and under the same circumstances, and with the same force and effect as certified copies of the records of conveyances of real estate, acknowledged or proven, and certified

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