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STATE OF NEVADA.
MINES AND MINING.
214. For the protection of mines and mining claims.
An Act for the protection of mines and minima claims
ment and continuation thereof.
and maintain an action, as provided by law, for the recovery of any damages that may accrue by reason of the manner in which any mine or mines have been or are being worked and managed by any person or persons, company or corporation, who may be the owner or owners, or in the possession of and working such mine or mines under a lease or contract, and to prevent the continuance of the working and managing such mine or mines in such manner as to hinder, injure, or by reason of tunnels, shafts, drifts, or excavations, the mode of using, or the character and size of the timbers used, or in anywise endangering the safety of any mine or mines adjacent or adjoining
thereto. Lien of judg- 245. Sec. 2. Any judgment obtained for damages under
the provisions of this Act shall become a lien upon all the property of the judgment debtor or debtors, not exempt from execution, in the territory of Nevada, owned by him, her, or them, or which may afterwards be acquired, as is now provided for by law, which lien shall continue two years, unless the
judgment be sooner satisfied. Survey may 246. Sec. 3. Any person or persons named in the first be applied
two sections of this Act, shall have the right to apply for and obtain from any district court, or the Judge thereof, within this territory, an order of survey in the following manner: An
application shall be made by filing the affidavit of the person What affidavit making the application, which affidavit shall state, as near as
can be described, the location of the mine or mines of the parties complained of, and as far as known, the names of such parties; also, the location of the mine or mines of the parties making such application, and that he has reason to believe, and does believe, that the said parties complained of, their agent, or employes, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such
manner as to damage or endanger the property of the affiant. Notice of ap- Upon the filing of the affidavit as aforesaid, the court or Judge
shall cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than five nor more than ten days from the date thereof, to show cause why an order of survey should not be granted; and upon good cause shown, the court or Judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court, and report
plication, and how served.
Order of court.
costs in the suit. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey.
An Act for the encouragement of mining.
Approved March 7, 1865, 228.
247. SECTION 1. When three or more persons, owning or
Mining corclaiming as joint tenants, tenants in common, or coparceners, a panies miay
suit majority of the number of feet, shares, or interests in any
mining claim in this state, shall have formed, or shall hereafter form themselves into a corporation or organized association, for the purpose of working and developing such mining claim, and shall actually proceed to work and develop the same, such corporation or association may, without demand, except by commencement of action, institute in any court of competent jurisdiction, suit in its corporate or associate name, as upon un implied contract for the payment of money, against any person not a stockholder in or member of such corporation or association, owning or claiming to own in suid mining claim as joint tenant, tenant in common, or coparcener, for his or her proportion of the money actually expended, or indebtedness assumed by such corporation or association, in the actual and necessary working and development of said mining claim.
248. Sec. 2. The proportion of money expended or Money exindebtedness assumed by such corporation or association, and gented or in
debtedness for the payment of which such joint tenant, tenant in common, or coparcener, is made liable under the provisions of this Act, shall be deemed such an amount of money or indebtedness as bears the same proportion to the whole amount of money expended or indebtedness assumed, as the interest in the mining claim owned or claimed by such joint tenant, tenant in common, or coparcener, bears to the whole of the mining claim.
249. SEC. 3. Any number of such joint tenants, tenants who may join in common, or coparceners, may be joined as parties defendant in suit. in any suit instituted under the provisions of this Act; but each defendant shall be entitled to plead separately; and when the cause shall be tried by jury, as many of the separate issues of Issue of facts. fact as may be agreed upon by the parties may be determined by the same jury. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be appor- Judgment to tioned among the several parties defendant, against whom be separate. judgment may be rendered, in such manner as to the court may appear just and equitable; provided, that in all cases the defendant, prior to the institution of suit under the provisions of this Act, shall be entitled to three weeks' notice of the intention of such corporation or association to institute such suit, which
What sum. mons shall specify.
Service of summons.
notice may be either personally or by the publication in some newspaper published in the county within which such mining claim is located; and if none be published in said county, then in the nearest adjoining county.
230. SEC. 4. The summons shall specify: First, the amount of money actually expended, or indebtedness assumed, by such corporation or association, in the actual and necessary working and development of said mining claim ; and, second, the amount due from each joint tenant, tenant in common, or coparcener,
his or her proportion of such money or indebtedness. Where suit to 231. Sec. 5. All suits instituted under the provisions of this be brought.
Act shall be brought in the county within which the mining claim may be located ; and where the defendant is a non-resident of the county within which suit is brought, but a resident of the state, service of summons may be had personally, as in other cases, or by publication in the same manner as provided by law for service of summons by publication where the defendant is a non-resident of the state and a resident of the State of California ; and all of the provisions of law regulating proceedings in other civil cases shall, so far as the same are applicable, apply to suits instituted under this Act.
252. Sec. 6. The amount of money expended or indebtedness assumed, by such corporation or association, as the proportion due from such joint tenant, tenant in common, or coparcener, for the actual and necessary working and development of said mining claim, shall be a lien in favor of such corporation or association upon the interest of such joint tenant, tenant in common, or coparcener, in such niining claim, from the time such money was expended, or indebtedness assumed, by such corporation or association ; which lien shall bind such interest from the time of such payment or assumption as against any subsequent purchaser, mortgagee, or other person acquiring a lien upon, or title to, or interest in, the same. Suit may be instituted against the person owning or claiming such interest at the time of the commencement of the action for the recovery of the whole amount due upon such interest; and all judgments rendered in any action instituted under the provisions of this Act, and any execution issued thereon, shall bind and run against such interest, and no other property of the defendant shall be subject to execution on said judgment. 253.
Sec. 7. All sales of any interest in a mining claim under an execution issued on a judgment obtained in any suit instituted under the provisions of this Act shall be absolute, and the purchaser shall be entitled to the immediate possession
of the interest purchased by him at such sale. Acte repealed.
234. Sec. 8. An Act entitled “An Act for the encouragement of mining," passed by the legislative assembly of the territory of Nevada, approved February twentieth (20th), eighteen hundred and sixty-four (1864), is hereby repealed, and all rights of action accrued under said Act shall be commenced and prosecuted under the provisions of this Act; provided, that
Sales to be absolute.