ing the sum of one dollar for each lot; provided, that no estimate Proviso. shall be made for counsel fee, unless the same shall have been actually and necessarily expended; and the foregoing charges shall be full payment for all expenses attending the execution, except for revenue stamps; provided, that deeds made under the Deeds to provisions of this Act for the benefit of minors and insane per-insane sons, shall be to the guardian or trustee of such minor or insane persons, person, as the case may be, in trust for such minor or insane person. As amended Stats. 1871, 164. minors or how made. within one to be sold. 418. SEC. 8. If all the lots, blocks, shares, or parcels of If lots are not such land are not legally conveyed to the proper owners before conveyed the expiration of one year after the same shall have been passed year, they are 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, or to the construction of water works for the purpose of conveying water into 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 this section shall be published as is provided for the notice required by section three of this Act; provided, that the provisions of this Proviso. section shall not apply to the sale of real estate belonging to minors 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. As amended, Stats. 1877, 186. trust after of office. 419. SEC. 9. Any corporate authorities or Judge becom-Trustees may ing a trustee under said Act of Congress, who shall, prior to discharge the final execution of their trust, as provided in this Act, go out going 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. Section 10 superseded. Treadway v. Wilder, 8 Nev. 91. An Act to amend an Act entitled An Act prescribing rules and regulations for the execution of trust, arising under the Act of Congress entitled "An Act for the relief of the inhabitants of cities and towns on public lands," approved March second, eighteen hundred and sixty-seven; approved February tenth, eighteen hundred and sixty-nine. Approved March 8, 1872, 163. Sections 1, 2, and 3 are inserted in the preceding Act in lieu of 420. SECTION 4. Nothing in this Act shall be so construed Claimants who have of Act of 1869 as to in any manner affect any of the provisions containe in section four of the Act of which this Act is amendator with section 4 in those cases where notice to claimants prior to the passag of this Act has been published in a newspaper for ten or mo fected by this. successive weeks, and at least six months shall have elapse since the first publication of said notice; but the trust shall i all particulars be carried out and executed in accordance wit the provisions of said section four. Survey of 421. SEC. 5. In all cases where it shall become necessar in the opinion of the citizens of the town to make a survey o any town site for the purpose of identifying or locating th lots, blocks, squares, streets, or alleys contained within th limits of said town site, a fee of cents for each lot shall b and paid for. paid to the trustees to defray the expenses of said survey which said fee shall be paid by the claimants pro rata. How made Failure or 422. SEC. 6. In case of death, or ninety days absenc from this state, or other disability of the trustees 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 suel 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. Trustees of record An Act supplementary to an Act entitled 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 second, eighteen hundred and sixty-seven; approved February twentieth, eighteen hundred and sixty-nine. Approved February 8, 1875, 52. 423. SECTION 1. Whenever the corporate authorities or town site to Judge shall have received a certificate of entry, patent, or other evidence of title to the real estate embraced within the limits of any town or city, it shall be the duty of said corporate authorities or Judge to cause the same to be recorded in the land records of the proper county, and to entitle said certificate of entry, patent, or other evidence of title, to be recorded by the County Recorder, it shall not be necessary to present or make, nor shall the County Recorder require any oath or affirmation that all or any part of the taxes for county and state purposes, assessed, due, or payable upon said real estate, have been paid. Proof of payment of Sale of lots or lands. 424. SEC. 2. All lots, blocks, shares, or parcels of land within the boundaries of such town or city, which shall not have been claimed as provided in section four of said Act, approved February twentieth, eighteen hundred and sixty-nine, shall, after the limitation provided in said section four has expired, Disposition be sold, and the proceeds of such sale disposed of as provided of proceeds. in section eight of said Act. CHAPTER III. ROADS AND BRIDGES. SECTION. 125. Construction and maintenance of toll roads and bridges. 438. Toll not required of persons in United States service. 417. Establishment of road districts. 459. Providing for preservation of roads and highways. 463. Providing for erection of guide boards. 466. Erection and maintenance of bridges. An Act to provide for constructing and maintaining toll roads and bridges in the State of Nevada. Approved March 8, 1865, 254. 425. SECTION 1. Any person or persons desiring to con- Toll roads. struct and maintain a toll road within any one or more of 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 road shall be known; and, second, the names of the places which shall constitute the termini of said road. Such certificate shall be accompanied with a plat of the route of the proposed road, and shall be recorded in the office of the County Recorder of the county or counties within or through which such road 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 road 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. construct, etc. 426. SEC. 2. On complying with the provisions of the Right to preceding section, said person or persons shall have the right to construct, complete, and maintain a toll road over the route Proviso. Bulletin board. May enter upon lands necessary for tion of roads, etc. Appraiser. and between the termini mentioned in such certificate, and establish and collect such rates of toll thereon as he or they may deem proper for the term of ten years; provided, that after the expiration of five years from the time of the commencement of taking tolls on any such road, the county or counties in which it is located shall have the right to purchase any such road, at an appraised value, to be determined by five appraisers to be selected as follows: Two by the owner or owners, two by by the County Commissioners of any county in which said road is located wishing to purchase the same, and one by the four appraisers hereinbefore provided for, and their valuation shall be deemed the true value of the road. The rates of toll so established shall be written, painted, or printed in a plain and legible manner, on a bulletin board, to be posted at each toll gate on such road; and if any person who shall construct any toll road under the provisions of this Act, or who shall own any interest in any road so constructed, shall demand or collect any higher or greater rates of toll than those specified on said bulletin board, he shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall, for each offense, be punished by a fine in any sum not exceeding one hundred dollars, and in default of payment of such fine may, in the discretion of the court, be committed to the county jail until such fine be paid. One-half of all fines so collected shall go to the informer or prosecutor, and onehalf to the school fund of the county; but in no case shall the county be responsible for the costs in any such prosecution. 427. SEC. 3. Any person or persons proposing to construct a toll road under the provisions of this Act, shall the construc- 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 road 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, who shall appraise the lands sought to be appropriated, after having been first sworn before some officer entitled to administer oaths to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such lands, they shall be entitled to proceed in the construction of the road 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 finding of the appraisers, to the district court of the district within which the land so appraised shall be situated, at any time within three months after such appraisment. Tender of appraised value. Appeal. 428. SEC. 4. The owner or owners of any toll road constructed or maintained under the provisions of this Act, shall in repair forfeiture. at all times keep the same in as good condition and repair as Failure to may be practicable; and if such owner or owners shall fail to keep road keep the same in such condition and repair, such failure shall to work work a forfeiture of all rights, privileges, and franchises, belonging to such owner or owners, or any person having any interest therein. Such franchise may be also declared forfeited on information in the nature of a quo warranto, in the manner Quo warranto. provided by law; and the owner or owners of any road on which tolls are collected under the provisions of this Act, shall be liable for all the damages sustained by parties passing over such road, in consequence of the carelessness or negligence of the owner or owners in keeping their road in proper repair. gate, etc., made a 429. SEC. 5. If any person, liable to pay toll therefor, Running toll traveling upon any toll road within this state, shall run by, or go around, or attempt to run by any toll gate lawfully estab- misdemeanor. lished on such road, without first paying or tendering the amount of toll demanded therefor by the proprietor thereof, with the intent to avoid the payment of such toll, he shall be deemed guilty of a misdemeanor, and on conviction thereof Punishment. before any court of competent jurisdiction, shall, for each offense, be punished by fine in any sum not exceeding fifty dollars, or imprisonment in the county jail not exceeding five days, or both, at the discretion of the court. All fines collected Fines under under the provisions of this section of this Act shall be paid into the treasury of the county wherein such conviction shall have been had, for the benefit of the school fund; but in no case shall the county be responsible for the costs of any prosecution under Costs, etc. this section.-As amended, Stats. 1875, 156. Aci, how disposed of. re gross receipts expenditures. 430. SEC. 6. The owner or owners of any toll road, con- Quarterly structed under the provisions of this Act, shall keep, or cause to see be kept, an accurate account of the gross receipts and expend-and itures of such road, and make a quarterly report thereof, under oath, to the State Controller, accompanied by the receipt of the County Treasurer of the county in which such road is located, for two per cent. of the gross proceeds of such roads, which shall be paid by said County Treasurer as other moneys into the state treasury, and credited to the general school fund; provided, that if, in three years after the completion of any road, the net proceeds shall exceed fifty per cent. per annum on the cost of construction, then all such excess of fifty per cent. shall be paid in the general state school fund, in the same manner as provided in this section for the payment of the two per cent. on the gross proceeds, which shall, with the two per cent., be paid in the same kind of money or currency us that collected for tolls. 431. SEC. 7. Upon the expiration or forfeiture of any toll county to road franchise granted under the provisions of this Act, and in won case of the expiration or forfeiture of any toll road franchise expiration granted under the provisions of any other Act, whether the of charters. same shall have already happened or may hereafter happen, the ownership of said road, with all the rights and privileges theretofore belonging to the same, shall vest in the county or counties in which said road shall be located; and whenever the roads |