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and record of.
made upon drawing paper. He shall keep a record of all appli· Application cations, and of all lands which have been or may hereafter be ap
proved to the State, and of all lands which have been sold by the State, which, together with all plats, papers and documents relating to the business of his office, shall be open to
public inspection during office hours without fee therefor. Register to SEC. 3. The Register shall furnish within a reasonable time a
copy of the plats of townships within any county to the County plats of
Surveyor of such county, to be used by him in furnishing such Es Woostuips information as the Register may require of him concerning the Surveyors. lands within such townships; and all lands sold by the State shall
be reported by the Register to the County Surveyor of the county Duty of
in which such lands are situated, and said Surveyor shall immediSurveyor. ately mark the same upon the township plat in his office, in accord
ance with the instructions of the Register, and said County Surveyor shall keep such plats subject to the inspection of all persons interested in examining the same on all legal days during office hours. Whenever a County Surveyor shall have knowledge of any tract or tracts of land within his county subject to selection by the State, and which for any cause may appear to him to be of special value to the State, he shall report the same to the Register, describing such location with reference to the Government surveys by legal subdivisions, and he shall state fully and definitely in such report his reasons for considering such tract or tracts of special value.
Sec. 4. The minimum price of all lands embraced in this Act, not included within the twenty miles Central Pacific railroad limits, is hereby fixed at one and one fourth dollars
currency; and the minimum price of all lands within said twenty miles limit is hereby fixed at two and one half dollars per acre in currency.
But the Board of Regents of the State shall have power to fix a Regents higher price per acre upon any of said lands not settled upon or crease price applied for by individuals prior to the date of such higher price
having been fixed.
Sec. 5. All lands to which the State has acquired title, except those specified in section seven of this Act, when in the opinion of the Board of Regents it shall be advisable for the interests fo the State, shall be advertised by the Register, as being subject to sale at the minimum price, unless a higher price shall have been fixed thereupon by said Board, and if a higher price shall have been fixed, then at such higher price. And such notice shall specify that such land may be purchased at the price stated at any time within six months after the date of such notice, and if not
purchased within such specified time, the Board of Regents may restantes may reduce the price; provided, they do not reduce it below miniprice. mum price, and the Register thereupon shall readvertise the same
at such reduced price. Application Sec. 6. All applications to purchase lands shall be made in to purchase lands, "house writing to the Register, and shall be signed by the applicant or
his or her agent, and shall designate in conformity with the United States survey the tracts applied for and the number of acres, the residence and postoffice address of the applicant, and the price per acre offered; and when such application is accompanied by the State Treasurer's receipt for the amount necessary to purchase the land, said application shall be filed by the Register.
per acre in
Register to advertise lands for sale.
ey may be
Sec. 7. Upon the application of any person for the purchase Register of land not previously selected by the State, accompanied by County a certificate of the State Treasurer, that said person has made Surveyor special deposit in his office of the purchase money for such land, of applicathe Register shall file the same in his office, and shall serve the tion. Surveyor of the county in which such land is situated, with a written notice of such application to purchase, and said Surveyor notice to shall post the same conspicuously in his office for the period of be posted. sixty days from the date thereof, and the State Treasurer is hereby Duty of required to receive on special deposit all sums so tendered, and state Treasgive receipts therefor, and he shall keep a separate account thereof deposit of on his books, and said sums shall not be used or appropriated for moneys for any purpose whatever while upon his books as special deposits, but when the contemplated entry can be completed in whole or in part, upon the Register certifying that said depositor is entitled to purchase the land or any part thereof applied for, the Treasurer shall issue his ordinary receipt, in duplicate, for the amount necessary to effect the purchase, and transfer the amount to its proper fund account. One of said receipts shall be filed
Receipts, with the State Controller, and on one being filed with the Re- where filed. gister, the purchase shall be perfected. If, from the non-approval of the land to the State or other cause, the contemplated sale cannot be perfected in whole or in part, then upon the return of the deposit receipt, the Treasurer shall refund the proportionate or whole amount of such deposit as the case may be to the person chase monentitled thereto, taking receipt therefor. And while such special fefunded deposits are in the custody of said State Treasurer, he and his sureties shall be responsible therefor upon his official bond.
Sec. 8. Land applied for after the State has obtained title thereto, shall be certified by the Register to the Treasurer, as State ac heretofore provided for in section seven of this Act, and the purchase shall be perfected in like manner.
SEC. 9. In addition to the mode and manner of sale of the Grazing and lands belonging to the State, the State Register is hereby further lands may empowered to sell and dispose of any agricultural or grazing be sold. lands, payable in installments as hereinafter specified : that is to say, with any party or parties wishing to purchase lands under the provisions of this section, and who shall have made proper application therefor, and duly established his, her or their right to purchase under the provisions of this Act, the State Register is hereby authorized and required to enter into contract to sell such lands at such price as the same may be valued for the time being by the proper authority, payable as follows, to wit: One fifth of the amount to be paid at the time of contract, and the balance in
purchase. nine equal annual installments, with interest at the rate of ten per centum per annum, payable annually upon all deferred installments; provided, the purchaser, his or her heirs or assigns, may at any time prior to the maturity of such contract make full payment. All such contracts shall be entered into in writing with the party or parties so purchasing, in which the conditions shall Conditions be distinctly expressed that upon failure to pay the principal and interest thereon as stipulated, the said land shall immediately, and when lands unconditionally, revert to the State, and be thereafter subject to to revert sale in the same manner and under the same conditions as though no such prior contract and sale had been made. It shall be the
Certificate duty of the Register to certify each sale, and the terms thereof, to
the State Treasurer, who shall thereupon receive the payment as specified therein, shall receipt for the same as is provided in section seven of this Act, and when full payment shall have been made, patents shall issue to the purchaser, his or her heirs or assigns, as provided for in section fifteen of this Act; provided, that no timbered lands shall be sold unless the whole purchase price shall be paid at the time of purchase.
Sec. 10. The holder of any unlocated land warrant of this
State, heretofore issued, shall have the right to use the same in State to be payment for lands, which he or she may desire to purchase from
the State ; and any person holding any of said warrants for one hundred and sixty acres or less, at the rate of two and one half dollars per acre, shall be allowed to surrender the same to the State Treasurer, in full payment for double the number of acres expressed therein, of land valued at one and one fourth dollars
per acre. Special land
Sec. 11. The Treasurer shall collect from each applicant, one fund created per centum in currency of the amount deposited or paid, as the
case may be, for land, and all moneys so collected shall constitute a special land fund, to be disbursed in paying the fees required by the United States for selecting land for the State, otherwise than at the request of individuals; provided, that when said special land fund is exhausted said fee for selecting land shall be paid as provided in section eighteen of this Act.
Sec. 12. An occupant or party in possession shall have a purchase preferred right to purchase not exceeding three hundred and
twenty (320) acres of land, at the minimum price, for the period of six months after the date of approval to the State of the lands occupied or possessed by him or her; and when two or more per
sons claiming a preferred right by reason of occupancy or posRegister in session, apply to purchase the same lands, the Register shall cercontesting tify such applications to the District Court of the county in which applicants such lands are situated, and notify the contesting applicants
thereof. The Judge or Court shall then appoint a commissioner Duty of
in the vicinity of the land so in dispute, to take and report to such court all the testimony of the parties in the case. The contest shall then be tried and determined as ordinary actions in said court, and when so determined shall be certified to the Register, who shall proceed thereafter with the successful contestant, in the same manner as if he alone had applied in the premises; provided, that all costs attending such contest shall be paid by the parties litigant, as the court or judge may determine; and, provided fur
ther, that a preferred right shall be based upon occupancy or Occupant
possession dating prior to any application to purchase the land preferred having been filed with the Register. When two or more persons,
neither claiming a preferred right, apply to purchase the same lands, the first applicant shall be allowed to purchase.
SEC. 13. No person shall be allowed to purchase more than of purchase. three hundred and twenty acres of land from the State, under the
provisions of this Act.
Sec. 14. It is hereby made the duty of the Register to select as portions of the several grants of land to this State, all lands for which money has been deposited under the provisions of section seven of this Act. And whenever he shall have knowledge
Register to select certain lands.
of any tract or tracts of land within the State, which for any cause may appear to him to be of special value and subject to location by the State, he may select the same ; and if necessary, by and with the advice and consent of the Board of Regents, instruct the County Surveyor of the county wherein such land is situated, to survey such lines and make such examination as may serve to indicate the proper location and true character and quality of such lands, and said County Surveyor shall without delay pro-Surveyor to ceed to make such survey or examination, and shall report the make sursame to the Register in accordance with such instructions as he ves and
report. may have received, and for such services he shall receive such sum as the Board of Regents may allow, and for the faithful per-tion and formance of such service said County Surveyor shall be liable liability of upon his official bond.
Sec. 15. The title of the State to any lands sold under the Form of provisions of this Act, shall be conveyed to the purchaser, or to of State's his or her heirs or assigns, by patents free of charge, in such title to lands form as the Attorney-General and Register shall jointly prescribe, to be prepared by the Register, signed by the Governor, and shall have the great seal of the State affixed by the Secretary of State, and shall be countersigned by the Register; and the Secre- Record of tary of State and State Register shall each keep a record of the patents. patent issued.
Sec. 16. The State Register shall be entitled as such Register salaries of to a salary of two thousand six hundred dollars per annum, to be Register
and Deputy paid quarterly; and he is hereby authorized to appoint a Deputy, who shall also perform the duties of clerk and draughtsman, and shall be entitled to a salary of twenty-four hundred dollars per annum, to be paid monthly.
Sec. 17. All funds derived from the sale of lands under this Fund deAct shall be invested in interest-bearing bonds of the State, or sale of of the United States, as required by section three of the eleventh lands, how article of the constitution of this State. The proceeds of the sale of lands donated to this State by Act of Congress of July 2nd, 1862, shall be invested by the Board of Regents; and the proceeds of all other lands herein referred to, whenever the sum of five hundred dollars shall have been paid into the State School Fund, shall be invested as directed by law.
Sec. 18. All claims and accounts for services, or for expenses Board of authorized by, and necessarily incurred in carrying out any of to audit all the provisions of this Act, except the salary of the Register, shall claims, etc. be presented to, and audited as other claims by the State Board of Examiners; and when any claim shall be passed and allowed by said Board, they shall apportion the same so payable or chargeable, to the several funds derived from the sale of lands as they shall deem proper, and so much of the funds received from the the sale of lands, in the several grants as may be necessary for the payment of such audited claims, shall be, and the same is hereby, appropriated out of the several funds respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board of Examiners are hereby authorized and directed to allow and direct to be paid such sums to the Receivers of the United States land offices, for any official service officers, how performed by them in relation to the designation of the selected sated for lands upon the books of their respective offices, as they may be services.
U. S. land
Act of 1867 and others repealed.
justly entitled to receive under the laws of the United States, or the instructions of the proper department at Washington City.
Sec. 19. An act entitled “ An Act to provide for the selection and sale of lands granted by the United States to the State of Nevada," approved April 20, 1867, and all other Acts and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not divest any parties of any rights acquired heretofore under any of said Acts referred to.
CHAP. LXX.-- An Act to provide for the Payment of the Out
standing Indebtedness of Churchill County.
[Approved March 4, 1871.]
The People of the State of Nevada, represented in Senate and Assem
bly, do enact as follows:
Certain indebtedvess not to be
fund to be created.
SECTION 1. From and after the passage of this Act, it shall not
be lawful for the Treasurer of Churchill County to pay any warpaid except rant drawn on the treasury of said county, on account of any
indebtedness of the county outstanding, and payable out of the general fund of said county prior to the passage of this Act,
except in the manner hereinafter provided. Redemption
SEC. 2. The Board of County Commissioners of said county are hereby authorized and directed, from and after the passage of this Act, to create in the county treasury of said county, a fund, to be known as the "Redemption Fund” of said county, and the
said Board of County Commissioners of said county are empowBy levy of a ered and required to levy a special tax of fifty (50) cents on each special tax. one hundred (100) dollars of taxable property in said county, to
be paid into the treasury of said county, to be placed in said redemption fund. The moneys placed in the redemption fund created by this Act, shall be disbursed as hereinafter provided.
Sec. 3. All indebtedness now audited and registered in the register of accounts of said county, directed and required by the provisions of this Act to be paid out of the “Redemption Fund,” shall, from the date of the taking effect of the same, bear interest at the rate of ten (10) per cent. per annum, and all indebtedness audited and allowed after the passage of this Act, and payable and purchasable out of the “Redemption Fund” herein, shall bear the like rate of interest, from and after the date of the allowance thereof.
Sec. 4. Whenever, at any time, there shall be in said of indebted- demption Fund,” the sum of five hundred (500) dollars or more,
it shall be the duty of the County Treasurer of said county to give fourteen days notice by publication in some newspaper published in said county, or if no such newspaper be published, then by posting notices in three conspicuous places in said county, that sealed proposals, directed to him, will be received for the surrender of county indebtedness, issued or outstanding prior to the
To bear interest fsom what time.
and how made.