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such repeal shall not in any manner affect any action already commenced under said Act; but all such actions shall be prosecuted thereunder, the same as though said Act was not hereby repealed.

Mallett v. Uncle Sam G. & S. M. Co., 1 Nev. 188.

An Act to amend an Act of the legislative assembly of the territory

of Nevada, entitled An Act for the encouragement of mining," approved February twentieth, eighteen hundred and sixty-four.

Approved March 9, 1865, 135.

233. SECTION 5. This Act shall apply to all corporations application or associations actually engaged in mining in this state, whether formed under the laws of any other state, country, or territory, or having their principal place of business out of this state, or whose trustees, managing agents, or directors, or a majority thereof, reside out of this state.

The Act which this Act amends was repealed in 1865.

An Act to encourage the mining, milling, smelting, or other reduction

of ores in the State of Nevada.

Approved March 1, 1875, 111.

256. SECTION 1. The production and reduction of ores are Right of emiof vital necessity to the people of this state; are pursuits in neut domain. which all are interested, and from which all derive a benefit; so the mining, milling, smelting, or other reduction of ores are hereby declared to be for the public use, and the right of eminent domain may be exercised therefor.

237. Sec. 2. Any person, company, or corporation en- Lands for gaged in mining, milling, smelting, or other reduction of ores, poses, how may acquire any real estate, or any right, title, interest, estate, acquired. or claim therein or thereto necessary for the purposes of any such business, by means of the special proceedings prescribed in this Act. The said special proceedings shall be substantially as follows: There shall be filed in the Clerk's office of the district Verified

petition. court in the county where the real estate is situated, a petition verified according to law, stating therein the name of the person, company, or corporation presenting the petition, that they are engaged in the business of mining, milling, smelting, or other reduction of ores as aforesaid, the description by the metes and



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bounds, or by some accurate designation of the tract or tracts
of land desired to be appropriated for the purposes of such
business, and that a necessity exists therefor, setting forth the
names of those in possession of said lands, and of those claiming
any right, title, or interest therein, so far as the same can be
ascertained by reasonable diligence.

238. Sec. 3. The persons in occupation of said tract or upon petition tracts of land, and those having any right, title, or interest sidered. therein, whether named in the petition or not, shall be defend

ants thereto, and may appear and show cause against the same,
and may appear and be heard before the commissioners herein
provided for, and in proceedings subsequent thereto, in the
same manner as if they had appeared and answered said petition.

259. Sec. 4. The said court, or the Judge thereof, either
in term or vacation, shall, by order, appoint the time for the
hearing said petition, and such hearing may be had, and all
orders in said proceedings may be made by the said court or the

Judge thereof, either in term time or vacation. Notice of pen

260. Sec. 5. The petitioner shall cause all the occupants dency of pe- and owners of said tract or tracts of land, so far as the same can

be ascertained by reasonable diligence, who reside in said
county, to be personally notified of the pendency of the said
petition at least ten days before the hearing thereof; and if any
of said occupants or owners are unknown, or do not reside in
said county, and have not been personally notified of the
pendency of the said petition, such petitioner shall cause a notice,
stating the filing of said petition, the object thereof, the tracts
of land sought to be appropriated, and the time and the place of
the hearing of said petition, to be published for four successive
weeks, previous to the time of hearing said petition, in a news-
paper published in suid county, or if none is published in said
county, then in a newspaper published nearest to said county.

261. Sec. 6. The defendants to said petition may appear petition.

and show cause against said petition on or before the time for
the hearing thereof, or such other time as the hearing may be
continued to; and upon satisfactory proof being made that the
defendants have been duly notified of the pendency of said
petition, as herein prescribed; and upon the hearing of the
allegations and proofs of the said parties, if the said court or
Judge shall be satisfied that the said lands, or any part thereof,
are necessary or proper for any of the purposes mentioned in

said petition, then such court or Judge shall appoint three comCorumission- petent and disinterested persons as commissioners, one of

whom shall be selected from among the persons, if any, named
for that purpose by said petitioner, and one shall be selected
from among the persons, if any, named on the part of any of
the defendants, to ascertain and assess the compensation to be
paid to any person or persons having or holding any right, title,
or interest in or to each of said tracts of land, fer and in con-

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by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by said court or Judge to fill such vacancy, upon notice being given of such vacancy as said court or Judge may direct.

262. Sec. 7. The said court or Judge shall appoint the Meetings of time and place for the first meeting of said commissioners, and the time for filing their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties. The said commissioners, or a majority of them, shall meet at the time and place, as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpanas for witnesses for either of said parties, and may administer oaths; and said commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties.

263. Sec. 8. The said commissioners shall proceed to Powers and view the several tracts of land, as ordered by said court or Judge, and shall hear the allegations and proof of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated to be paid by said petitioner to the

son or persons having or holding any right, title or interest in or to each of the several tracts of land; and such commissioners shall, on or before the time or times as ordered by said court or Judge, file in said Clerk's office their report, signed by them, or a majority of them, setting forth their proceedings in the premises; and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the court or Judge shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title, or interest therein thus sought to be appropriated, the parties thus asserting such claim shall pre-Claims to the sent the same by petition to the court or Judge after the report compensation of the commissioners shall have been filed, and the said court or asserted. Judge shall proceed to hear and determine the same; and in such cases said petitioner may pay the amount of such compensation to the Clerk of said court, to abide the order of the court or Judge in said proceedings, and said petitioner shall not be liable for any of the costs caused by the adjudication of such conflicting claiins.

264. Sec. 9. The said petitioner, or any of said defend- objections

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manner as those first appointed; but such matter shall not be

more than twice recommitted to commissioners.
Report, when 265. Sec. 10. Upon the expiration of twenty days after

the filing of said report or reports, or at such further time as
may be appointed therefor, if the motion and notice shall not
have been made and given as aforesaid, and if the proceedings
of said commissioners appear to have been correctly and prop-
erly done, the said court or Judge shall confirm each of said

reports and certify the same thereon.
Reports to be 266. Sec. 11. Each of said reports and the certificates

thereon, upon the compensation therein named being paid,

shall be recorded in the Recorder's office of said county by said Orders, etc., petitioner. The said court or Judge may make all such orders by Judge.

as may be necessary or proper in the special proceedings pro-
vided for in this Act, and shall cause the pleadings and proceed-
ings to be amended, whenever justice shall require it to be done,
and shall direct the manner of the service of all orders and
notices not herein specially provided for. Costs in such special
proceedings shall be taxed by the Clerk at the rates prescribed
in the fee bill for said county in civil actions, and also the
compensation of the commissioners which shall be fixed by the
court or Judge, and shall be paid by said petitioner, except in
case where a defendant shall move for a new trial, and the
compensation assessed by the commissioners shall not be
increased more than ten per cent. upon the previous assess-
ment, in which case such defendant shall pay the costs.

267. SEC. 12. If the title attempted to be acquired by title, new pro- virtue of the provisions of this Act shall be found to be defect

ive from any cause, such petitioner may again institute pro-
ceedings to acquire the same, as in this Act prescribed, and at
any stage of such new proceedings, or of any proceedings under
this Act, the court or Judge in chambers may rule, or by order
in their behalf made, authorize such petitioner, if already in

possession, to continue in the use and possession, and if not in titled to pos possession, to take possession of and use such premises during

the pendency of, and until the final conclusion of such pro-
ceedings, and may stay all actions and proceedings against such
petitioner on account thereof, provided such petitioner shall
pay a sufficient sum into court, or give security, to be approved
by such court or Judge, to pay the compensation in that behalf
when ascertained.

288. Sec. 13. Upon the filing of the report of the comacquires the missioners for record as above provided for, and upon the payland, etc.,

ment or tender of the compensation and costs as prescribed in
this Act, the real estate, or the right, title, or interest therein
described in such report, shall become the property of said
petitioner for the purpose of the business of mining, milling,
smelting, or other reduction of ores as aforesaid, so long as the
same shall be continued, and shall be deemed to be acquired for
and appropriated to public use.

269. Sec. 14. Such petitioner shall, within thirty days



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after the final confirmation of the report aforesuid, pay or ten- Payments to der the sum of money ascertained and assessed by said commissioners as and for the compensation of each tract of land described in said report of which the compensation was ordered by said court or Judge to be ascertained and assessed us aforesaid ; and suid payment or tender may be made to the person or persons owning said tract of land, or having or holding any right, title, or interest therein, according to the amount or extent of the right, title, or interest owned or held therein by such person or persons; or said payment may be made to the said Clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes as if the said sum of money had been personally paid to each and all of the persons entitled thereto.

270. Sec. 15. If it shall become necessary for any of the Realty of inpurposes aforesaid for such petitioner to acquire any real estate, person, how or any right, title, or interest therein, which is the property of acquired. any infant, idiot, or insane person, the guardian, executor, or administrator, as the case may be, shall be subject to process, judgment, and decree as herein provided for persons of full age or capable of contracting, or without such process, judgment, or decree, they may sell and convey the property desired to said voluntary petitioner ; but neither such sale or conveyance shall be valid sale. for any purpose until the same shall have been approved by the Judge of the proper court, and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall have the same force and effect for the purposes in this section mentioned as if the same had been executed by persons competent to convey lands in their own names.

271. Sec. 16. The said court or Judge shall, at the time of Payment to the payment of any sum of money to the said Clerk under the person enprovisions of this Act, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall upon satisfactory proof appear to be entitled thereto.

272. Sec. 17. In all the proceedings in relation to the sale Terms “peror appropriation of real estate, and ascertaining and receiving sou" defined. the compensation therefor, for the purposes as prescribed in this Act, the term “person” shall be deemed to include municipal or other corporations, and the word “petitioner” to designate any person or number of persons, company or corporation who may in any case petition as provided in this Act.


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