EXPLOSIVES An Act authorizing and requiring the boards of county commissioners of the several counties of Nevada to prohibit, under certain conditions, the storage of explosive or combustible materials within a certain distance of the limits of any town or incorporated city in this state. Approved March 17, 1905, 203 1946. On petition, commissioners to prohibit storage-Exceptions. SECTION 1. Whenever there shall be filed with the board of county commissioners of any county in this state a petition signed by ten per cent of the residents of any town or incorporated city within said county, said ten per cent to be computed from the number of persons paying taxes in said town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, or explosive or combustible materials be prohibited within the limits of such town or city, said board shall, at the meeting of such board when such petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosive or combustible materials within such distance of said town or city as said board may deem safe and proper; provided, that the distance named in said order for such storage shall not be less than one-fourth mile from the limits of such town or city; provided further, that nothing in this act contained shall be so construed as to prohibit or prevent the storage by any person, firm or corporation within the limit prescribed by the order of any board, of not more than one hundred pounds of black and smokeless gun or rifle powder, and not more than five hundred gallons of kerosene oil, nor to prohibit or prevent the keeping within such limits of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual, nor to prohibit or prevent the storing of powder under ground in mines. 1947. Misdemeanor of county commissioners-Penalty. SEC. 2. Any board of county commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of section 1 of this act, shall be deemed guilty of a misdemeanor and proceedings shall at once be instituted by the district attorney of the county, or may be instituted by any citizen of the county, against such board, or against any member thereof, and upon conviction in any court of competent jurisdiction, the members or any member of such board shall be fined in a sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or imprisonment in the county jail not less than thirty (30) days nor more than six months, or may be punished by both such fine and imprisonment in the discretion of the court. Such conviction shall ipso facto remove such board, or any member thereof so convicted, from office, notice of the vacancy thereby created to be certified by the district attorney of the county to the governor of the state, and the governor, within twenty days from the receipt of such notice, to make appointments to fill such vacancy as may be created. 1948. Order published. SEC. 3. The order mentioned in section 1 of this act to be made by said board may be published by the clerk of said board for two weeks successively in some newspaper published and printed in the town to which said order applies, or, a copy of such order shall be conspicuously posted in three public places in said town or city, which said publication or posting shall constitute due notice to all concerned, and any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit. prescribed by such order and notice, after two weeks subsequent to the giv ing of such notice or after three weeks subsequent to the making of such order, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or imprisoned in the county jail for a term not less than thirty days nor more than six months, or may be punished by both such fine and imprisonment in the discretion of the court. FEDERAL JURISDICTION Act ceding jurisdiction over certain lands owned by the United States, approved January 18, 1883, sections 1949, 1950. Act ceding jurisdiction over certain lands to be acquired by the United States, approved February 24, 1885, sections 1951, 1952. SPECIAL STATUTES OMITTED Act ceding jurisdiction over land for the United States branch mint at Carson City, Stats. 1869, p. 71. Act ceding jurisdiction over land for the Indian School in Ormsby County, Stats. 1897, p. 49. An Act ceding the jurisdiction of this state over certain lands owned by the United States. Approved January 18, 1883, 13 1949. Jurisdiction ceded to the United States-Reservation by statePlat to be filed-Service of process. SECTION 1. That the jurisdiction of this state is hereby ceded to the United States of America over all such pieces or parcels of land within the limits of this state as have been or shall hereafter be selected and acquired by the United States for the purpose of erecting postoffices, custom houses or other structures exclusively owned by the general government and used for its purposes; provided, that an accurate description and plat of such lands so acquired, verified by the oath of some officer of the general government having knowledge of the facts, shall be filed with the governor of this state; and further provided, that this cession is upon the express condition that the State of Nevada shall so far retain concurrent jurisdiction with the United States in and over all lands acquired or hereafter acquired as aforesaid; that all civil or criminal process issued by any court of competent jurisdiction, or officers having authority of law to issue such process, and all orders made by such court, or any judicial officer duly empowered to make such orders, and necessary to be served upon any person, may be executed upon said lands and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid. 1950. Exemption from taxation. SEC. 2. The lands aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States. An Act ceding the jurisdiction of this state over certain lands to be acquired by the United States. Approved February 24, 1885, 40 1951. Ceding jurisdiction-Exception. SECTION 1. The jurisdiction of this state is hereby ceded to the United States of America over all pieces or parcels of land within the limits of this state that may be selected or acquired by the United States for the purpose of erecting thereon a public building or public buildings for the accommodation of the United States courts, the postoffice and other government offices; and the United States shall have exclusive jurisdiction over the same during the time said United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of this state, and the service of any civil process therein or thereon. Under the provisions of art. 1, sec. 8, U. S. Const. (ante, 127), land purchased for the purposes therein enumerated ipso facto falls within the exclusivs jurisdiction of the United States. Postoffices and federal court houses are "needful buildings" under the provisions of said section. Where a state cedes to the United States exclusive jurisdiction over land purchased 1952. Lands exempt from taxation. as a site for a public building, "for all purposes except the administration of the criminal laws of this state," the state has no jurisdiction for the punishment of crimes committed on the purchased land but only the right to execute criminal process thereon for the violation of its laws committed else where within the state. State ex rel. Jones v Mack, 23 Nev. 362, 366 (62 A. S. 811, 47 P 763). SEC. 2. The lands aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States. For a similar act, see secs. 1949-1950. FEDERAL TOWNSITES United States statutes relating to townsites, sections 1953-1979. Act prescribing regulations for the execution of the trust under the act of Congress of March 2, 1867, providing for the patenting of townsites and for the relief of inhabitants of cities and towns upon the public lands, approved February 20, 1869, sections 1980-1988. Act amendatory of that act, approved March 8, 1871, sections 1989-1991. Act supplementary to the first-named act, approved February 8, 1875, sections 1992, 1993. NOTE-Section numbers refer to United States Revised Statutes. 1953. County-seat townsites. SEC. 2286. There shall be granted to the several counties or parishes of each state and territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. Act approved May 26, 1824 (4 Stat. 50, sec. 1). 1954. Townsites reserved by president. SEC. 2380. The president is authorized to reserve from the public lands, whether surveyed or unsurveyed, townsites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. 1955. Secretary of interior to make surveys and sales of lots. SEC. 2381. When, in the opinion of the president, the public interests require it, it shall be the duty of the secretary of the interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the secretary of the interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the register and receiver of the land office in the district in which the reservations may be situated, in accordance with the instructions of the commissioner of the general land office. Act approved March 3, 1863 (12 Stat. 754). Not applicable to Indian reservations, King v. McAndrews, 111 Fed. 869. 1956. Townsites platted by occupants-Disposition of lots. SEC. 2382. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town; and within one month after such filing there shall be transmitted to the general land office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the register and receiver, and at any time after the filing of such map, statement, and testimony in the general land office it may be lawful for the president to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at.such reasonable increase or diminution thereafter as the secretary of the interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a preemption, at such minimum, at any time before the day fixed for the public sale. Purpose of act, Jones v. Petaluma, 36 Cal. 230; Alemany v. Petaluma, 38 Cal. 553. Decisions judicial in character and not subject to collateral attack. King v. McAndrews, 111 Fed. 860. Possessory rights cannot be destroyed without compensation. V. & T. R. R. v. Lynch, 13 Nev. 92. 1957. Adjustment of extension limits after public survey. SEC. 2383. When such cities or towns are established upon unsurveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. 1958. Secretary of interior may have survey and plat of town or city made, when. SEC. 2384. If within twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the general land office a transcript map, with the statement and testimony called for by the provisions of section 2382, it may be lawful for the secretary of the interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. Act approved July 1, 1864 (13 Stat. 343, secs. 2, 3, and 4). King v. McAndrews, 111 Fed. 860. 1959. Adjustment of size of lots; excessive area. SEC. 2385. In the case of any city or town, in which the lots may be variant as to size from the limitation fixed in section 2382, and in which the lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the secretary of the interior may by rule establish. 1960. Title of lots subject to recognized veins. SEC. 2386. Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. Act approved March 3, 1865 (13 Stat. 530, sec. 2). (See sec. 2392, Rev. Stats. and sec. 16, act of March 3, 1891, 26 Stat. 1101, infra.) See secs. 1965, 1978. See note after sec. 1978. See sec. 2418. |