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under said Act; but all such actions shall be prosecuted thereunder, the same as though said Act was not hereby repealed.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. of Acts. 255. 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 The Act which this Act amends was repealed in 1865.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. pur 257. SEC. 2. Any person, company, or corporation en- Lands for gaged in mining, milling, smelting, or other reduction of ores, suc 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 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 petition. 7 Defendants how considered. 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 therein, whether named in the petition or not, shall be defendants 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. Hearing upon petition. Notice of pendency of pe tition. Hearing upon 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. 260. SEC. 5. The petitioner shall cause all the occupants and owners of said tract or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in suid 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 newspaper published in said 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 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 comCommission- 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, for and in consideration of the appropriation of such land to the use of said petitioner. If any vacancy occur among said commissioners, ers, how selected, duties, etc. 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. commission ers, etc. 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 subpoenas 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. duties of commission ers. 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 person 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 clains. assessed, how report, how 264. SEC. 9. The said petitioner, or any of said defend-Objections to ants, if dissatisfied with the report, may, within twenty days made and after the time of filing said report, and after ten days' notice to heard. the parties interested, move to set aside the report, and to have a new trial as to any tract of land, on good cause shown therefor, and the said court or Judge shall set aside the report as to. such tract of land, and may recommit the matter to the same or to other commissioners, who shall be ordered to proceed in like Report, when to be confirmed. Reports to be recorded. by Judge. manner as those first appointed; but such matter shall not be more than twice recommitted to commissioners. 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 properly done, the said court or Judge shall confirm each of said reports and certify the same thereon. 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 as may be necessary or proper in the special proceedings provided for in this Act, and shall cause the pleadings and proceedings 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 assessment, in which case such defendant shall pay the costs. Costs, etc. Defective ceedings thereon. 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 defective from any cause, such petitioner may again institute proceedings to acquire the same, us 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 tied to pos- possession, to take possession of and use such premises during the pendency of, and until the final conclusion of such proceedings, 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. Petitioner en session. Petitioner land, etc., when. 268. SEC. 13. Upon the filing of the report of the comacquires the missioners for record as above provided for, and upon the payment 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 be made, after the final confirmation of the report aforesaid, pay or ten- Payments to der the sum of money ascertained and assessed by said com- when. missioners 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 as aforesaid; and said 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. competent 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 sume, 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. titled. 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 son" 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. proceedings. 273. SEC. 18. The minutes of the proceedings had before Minutes of such Judge shall be entered by said Clerk, in the same manner and with the same force and effect, as if the proceedings were had before said court in term time. Dayton Gold and Silver Mining Co. v. W. M. Seawell, 11 Nev. |