and recorded in the manner prescribed by the laws of the State of Nevada, may now be used. Obstruction of streams. Action for damages. Penalty. An Act for the protection of agricultural lands. Approved December 19, 1862, 107. 353. SECTION 1. It shall be and is hereby declared unlawful for any person or persons being the owner or owners of or being in possession of any sawmill, or mills used for the making of lumber, or the owner or owners of any slaughter house, brewery, or tannery, to injure or obstruct the natural flow of water in any river, creek, or other stream, or to permit any sawdust, chips, shavings, slabs, offul, refuse, tanbark, or other offensive matter, to enter therein, so as to damage or corrupt the purity of the water of such stream or streams. 354. SEC. 2. Any city or county government, or any person or persons, being the owner or owners of or in the possession of any agricultural lands, who may be injured by reason of the violation on the part of any person or persons of the provisions contained in the preceding section, shall have the right to commence and maintain an action against such person or persons for any damage sustained, in such manner as may be provided by law. 355. SEC. 3. Any person who shall wilfully and knowingly violate the provisions of this Act, shall be guilty of a misdemeanor, and may be punished by a fine not exceeding five hundred dollars. Unlawful to cut or remove timber, etc. Misdemeanor An Act to provide for the protection of timbered lands. Approved March 3, 1871, 113. 356. SECTION 1. It shall be unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber, or trees on or from any land in this state, to which land this state, or any person or corporation has or may have an inchoate title, or any title less than fee simple, and the provisions of this section shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations. 357. SEC. 2. If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, shall violate the provisions of the first section of this Act, such person or corporation shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars. 358. SEC. 3. If any person shall cut down or remove any Same. tree, wood, or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine as provided in section two of this Act. as to tile to 359. SEC. 4. If an issue of fact be joined, as to the title Issue of fact to real estate, in any action under the provisions of this Act, real estate. such action shall thereupon be certified by the Justice of the Peace in whose court it may be pending to the district court of the same county, and therein tried and finally determined as if the same had been originally commenced therein; provided, Proviso. that nothing in this Act shall be so construed as to affect or impair the provisions of an Act entitled "An Act prescribing Act, how the mode of maintaining and defending possessory actions on construed. public lands in this state," approved March ninth, one thousand eight hundred and sixty-five; and provided further, that nothing in this Act contained shall be so construed as to prevent the cutting and using by actual settlers upon such lands as are herein specified of such wood as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands. An Act for the protection of agricultural lands and preservation of water. Approved March 9, 1865, 348. depositing stream. 360. SECTION 1. Any person or persons who shall deposit Penalty for or allow to be deposited by any person or persons in their any rubbish, employ, into any stream or streams of water, any sawdust, rub- etc., in any bish, or filth, that will render such water impure or unfit for drinking or cooking purposes, or in any way injurious to any agricultural lands, upon which it may be necessary for the owner or owners of such lands to use such water for irrigating purposes, shall be deemed guilty of misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined within the sum of not less than twenty-five dollars nor more than five hundred dollars, exclusive of court costs; provided, that nothing in this Act shall apply to those engaged in working ores. distributed. 361. SEC. 2. All fines collected under the provisions of Fines, how the preceding section of this Act shall be distributed as follows: One-half to be paid into the school fund of the county in which such complaint shall have been made; the other half shall be paid to the party or parties making the complaint. Manner of and maintain An Act to allow any person or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to provide for the right of way through the lands of others. Approved March 3, 1866, 202. 362. SECTION. 1. Any person or persons desiring to conconstructing struct and maintain a ditch or flume, within any one or more of ing a ditch or the counties of this state, shall make, sign, and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate, specifying: First, the name by which the ditch or flume shall be known; and, second, the names of the places which shall constitute the termini of said ditch or flume. Such certificate shall be accompanied with a plat of the proposed ditch or flume, and shall be recorded in the office of the County Recorder of the county or counties within or through which such ditch or flume is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such ditch or flume shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed. Right conferred to enter and appropriate private lands. Compensation, how made. 363. SEC. 2. Any person or persons proposing to construct a ditch or flume, under the provisions of this Act, shall have the right to enter upon private lands for the purpose of examining and surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor as follows: Said person or persons shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser, as herein before provided, then it shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, and the two so selected shall select a third; and in either case the three selected shall, within five days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge Tender to be and ability. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and, provided further, that an appeal may be taken by either party from the findings of the appraisers to the district court of the district within which the Duty of appraisers. made. Proviso. Appeal. lands so appraised shall be situated, at any time within ten days after such appraisement.-As amended March 5, Stats. 1869, 129. 364. SEC. 3. Nothing in this Act contained shall be so Act not to construed as to interfere with any prior or existing claim or with prior right. interfere right. to ditches structed. 365. SEC. 4. This Act shall apply, and the rights and Act to apply privileges herein conferred shall inure, to the benefit of all per- and flumes sons or corporations who have heretofore constructed, and now already conmaintain, ditches, flumes, or aqueducts in this state, from what-' ever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in section one of this Act, and upon such filing, the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in section two of this Act. Vansickle v. Haines, 7 Nev. 249; Mosier v. Caldwell, 7 Nev. 363; An Act to encourage the growth of forest trees. Approved March 7, 1873, 162. year for ing trees 366. SECTION 1. Every person planting one acre or more Ten dollars a of land, within ten years after the passage of this Act, with any twenty years kind of forest or shade trees, and successfully growing and for cultivat cultivating the same for three years, and any person planting, under certain protecting, and cultivating for three years, one-half mile or conditions. more of forest or shade trees along any public highway, said trees to be planted so as to stand, at the end of three years, one rod apart, shall be entitled to receive for twenty years, commencing two years after said grove or line of trees has been planted, an annual bounty of ten dollars per acre for each acre so planted, and ten dollars for each half mile so planted, to be paid out of the county treasury of the county in which said grove or line of trees may be situated; such bounty shall not be paid any longer than said grove or line of trees is cultivated alive and and kept alive and in growing condition. As amended, Stats, growing. 1877, 185. Trees to be avail. 367. SEC. 2. Any person wishing to avail themselves of Benefits of the provisions of section one of this Act, shall, within two years Act, how to after planting said grove or line of trees, showing on what' section or other piece of land said grove or line of trees is situated, attested by his own oath and the affidavit of at least two householders of the vicinity, setting forth all the facts in rela County to issue war rants. Affidavits to be filed. Taxation to be increased. Injuring trees, penalty for. tion to the growth and cultivation of said grove or line of trees. The County Clerk shall lay such plat and affidavit before the Board of County Commissioners, and if they find, from all the evidence, that section one of this Act has been fully complied with, shall cause warrants to be issued upon the county treasury of the county for the bounty above provided for. 368. SEC. 3. The affidavit of the claimant and of at least two householders of his vicinity, showing the growth and condition of such trees, shall be filed each year in the office of the County Clerk before the County Commissioners shall authorize warrants to be drawn on the County Treasurer for the bounty for that year; provided, that the provisions of this Act shall in nowise apply to willows and cottonwood, planted for the express purpose of protecting the banks of ditches and canals. 369. SEC. 4. It is hereby provided, that the planting of forest and shade trees, as mentioned in this Act, shall in no manner add to or increase the taxable value of said land. 370. SEC. 5. If any person shall cut down, injure, or destroy, or carry away any tree, planted or growing for use, or shade, or ornament, or any timber, rails, wood, standing, being, or growing on the land of any other person, the party so offending shall pay to the party injured thrice the value of the property so injured, destroyed, or carried away, and shall be deemed guilty of a misdemeanor, and subject to a fine not exceeding one hundred dollars. Partition fences, etc. Fence view pointed; re port of. An Act to provide for the erection and maintenance of partition fences. Approved March 6, 1875, 146. 371. SECTION 1. Partition fences, between improved lands in this state, may be erected and repaired at the joint expense of the occupants, as hereinafter provided. If any person makes a fence, a partition fence, by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used. 372. SEC. 2. If the parties cannot agree, on application, ers to be ap- by either, to a Justice of the election precinct in which such fence is, such Justice must issue his order to three (3) disinterested freeholders of such precinct, not related to either of the parties, to examine such fence and to ascertain the amount to be paid to the owner erecting the same; and such freeholders, on a day to be by them appointed, within ten days after the issuance of the order, of which both parties must have notice, must examine such fence, and report to the Justice who issued the |