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fee and costs, the clerk of such district court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities or judge being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in said court. The clerk shall, upon the receipt by him of such papers and proceedings, serve upon each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block, or parcel so contested, and the name of the adverse claimant. Upon the final determination of such contest, the clerk of the district court, or supreme court as the case may be, shall forthwith certify the decision to the corporate authorities or judge; and upon the receipt of such decision, duly certified, the corporate authorities or judge shall, as in other cases, make out, execute, and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels of land awarded in such decision.

1985. Appeal.

SEC. 6. Any party in such action deeming himself or herself aggrieved by the determination or judgment of the district court in such cases, may appeal therefrom to the supreme court, as in other cases.

1986. Deed to be made out on payment of purchase money and expensesLimitation of fees and costs-Deeds to minors or insane persons, how made.

SEC. 7. After the issuance of the patent for such lands, it shall be the duty of the corporate authorities or judge to whom such patent shall issue, to make out, execute, and deliver to each person, company, association, or corporation, who may be legally entitled to the same, a deed in fee simple for such part or parts, lot or lots, of land on payment of his, her, their, or its proper and due proportion of the purchase money for such land, together with his, her, their, or its proportion of such sums as may be necessary to pay for streets, alleys, squares, and public grounds, not to exceed fifty cents for each lot, and also such further sums as shall be a reasonable compensation for executing and acknowledging such deed, not exceeding the sum of three dollars for the first, and one dollar for each additional lot claimed by the same owner, for counsel fee, and for moneys expended in the acquisition of the title and the administration of the trust, including reasonable charges for time and services while employed in such trust, not exceeding the sum of one dollar for each lot; provided, that no estimate shall be made for counsel fee, unless the same shall have been actually and necessarily expended; and the foregoing charges shall be full payment for all expenses attending the execution, except for revenue stamps; provided, that deeds made under the provisions of this act for the benefit of minors and insane persons, shall be to the guardian or trustee of such minor or insane person, as the case may be, in trust for such minor or insane person.

A deed given by a trustee under above act of Congress is not conclusive in its effect; and if given to one not an occupant or having The right of occupancy as contemplated, that fact may be shown and the deed in such case will fall, as absolutely void and of no effect. Treadway v. Wilder, 8 Nev. 92, 98, 99.

If the grantee was not in occupancy or entitled to occupancy of the land, the trustee could have no authority to execute a deed,

As amended, Stats. 1871, 164.

and it may be collaterally attacked as void and of no effect. Idem.

A district judge who acts as trustee of a townsite, acts by virtue of his office as judge, and he is not an inferior officer to his associate judge of the district, and such associate judge cannot by mandamus control the action of the trustee. Jennett v. Stevens, 33 Nev. (111 P. 1025, 1026).

The compensation allowed under this sec

tion to trustee, although he became such trustee by virtue of his office as district judge, is not a fee or perquisite of the office of district judge within the meaning of Const., art. 6, sec. 10 (ante, 325), nor is it an office within the provision of the constitution prohibiting a judge from accepting any office other than a judicial office during the term for which he is elected (ante, sec. 326).

Since the duties of townsite trustee do not naturally belong to the office of district judge and it is not incumbent upon a district judge to accept such trust, he may accept compensation for his services as trustee. State ex rel. Jennett v. Stevens, 33 Nev. - (116 P. 601).

The words "together with" show that the limitation of 50 cents was the maximum that could be apportioned to buy all the land within the townsite, inclusive of that within the streets, alleys, squares and public grounds, and does not apply merely to the amount for the streets, alleys, squares and public grounds.

The word "including" shows that the charges for time and services of the trustee were to be embraced within the maximum

charge, which was also to be inclusive of counsel fees and for moneys expended in the acquisition of the title and the administration of the trust. State ex rel. Jennett v. Stevens, 33 Nev. - (116 P. 601).

Though a writ of mandate would lie to compel a townsite trustee to make a deed to a claimant, as required by this section, on payment of the maximum amount which the trustee could impose where the tender is of a less amount, the writ will not lie. State ex rel. Jennett v. Stevens, 33 Nev. — (116 P. 601).

Under this section, prohibition is a proper remedy to prevent the sale of the lots where the failure to legally convey to the proper cwners is due to the imposition of excessive charges by the townsite trustee as a condition precedent thereto. State ex rel. Schloss v. Stevens, 33 Nev. - (116 P. 605).

Where a townsite trustee on the refusal of a lot claimant to pay excessive charges imposed, proceeds to sell the lot, there is no adequate remedy but by writ of prohibition; individual suits to settle the rights of the claimant not being an adequate remedy. Idem.

1987. If lots are not conveyed within one year, they are to be sold

Exceptions.

SEC. 8. If all the lots, blocks, shares, or parcels of such land are not legally conveyed to the proper owners before the expiration of one year after the same shall have been passed upon by the corporate authorities or judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such city or town, or to the construction of water-works for the purpose of conveying water into such city or town, after paying their proportionate share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by this section shall be published as is provided for the notice required by section 3 of this act; provided, that the ' provisions of this section shall not apply to the sale of real estate belonging to minors or insane persons, except upon an order of court authorizing such sale, which order may be made by the court upon an ex parte application, under oath, of the trustee named in this act. As amended, Stats. 1877, 186.

1988. Trustees may discharge trust after going out of office.

SEC. 9. Any corporate authorities or judge becoming a trustee under said act of Congress, who shall, prior to the final execution of their trust, as provided in this act, go out of office, shall be and they are hereby authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects in the same manner and subject to the same duties and requirements as if they had continued in office.

[Sec. 10 superseded. See sec. 1991.]

It seems that a deed made by a trustee purporting to act under the law of Congress of May 23, 1844, providing for the disposition of townsites to the occupants is not conclusive in its effect; and if given to one not an occupant or having the right of occupancy as contemplated, that fact may

be shown and the deed in such case will fall,
as absolutely void and of no effect. Tread-
way v. Wilder, 8 Nev. 91; 9 Nev. 67.

See Lechler v. Chapin, 12 Nev. 65.
Facts authorizing grantee to receive deed
need not be recited. Terry v. Berry, 13
Nev. 514.

An Act to amend an act entitled an act prescribing rules and regulations for the execution of trust, arising under the act of Congress entitled "An act for the relief of the inhabitants of cities and towns on public lands," approved March second, eighteen hundred and sixty-seven; approved February tenth, eighteen hundred and sixty-nine.

Approved March 8, 1871, 163

[Secs. 1, 2, and 3 are inserted in the preceding act in lieu of the sections which they amend.] 1989. Claimants not to be affected-Publication.

SEC. 4. Nothing in this act shall be so construed as to in any manner affect any of the provisions contained in section 4 of the act of which this act is amendatory, in those cases where notice to claimants prior to the passage of this act has been published in a newspaper for ten or more successive weeks, and at least six months shall have elapsed since the first publication of said notice; but the trust shall in all particulars be carried out and executed in accordance with the provisions of said section 4.

1990. Survey of townsites-How paid for.

SEC. 5. In all cases where it shall become necessary in the opinion of the citizens of the town to make a survey of any townsite for the purpose of identifying or locating the lots, blocks, squares, streets, or alleys contained within the limits of said townsite, a fee of cents for each lot shall be paid to the trustees to defray the expenses of said survey, which said fee shall be paid by the claimants pro rata.

Under this section, a claimant, who not only fails to show that the charges made by the trustee for a survey is illegal, but who relies on the survey made by him, will not be heard to question the validity as affect

ing the right of a trustee to compensation therefor.

Under this section the maximum fee for each lot is one dollar. State ex rel. Jennett v. Stevens, 33 Nev. (116 P. 601).

1991. Failure or disability of trustee, how remedied. SEC. 6. In case of death, or ninety days' absence from this state, or other disability of the trustees to execute the trust created by said act of Congress, it shall be lawful for the corporate authorities or judge of the district in which any such city or town is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized and they are hereby empowered to execute the same in all respects in the same manner, subject to all the duties and requirements as provided in this act.

An Act supplementary to an act entitled an act prescribing rules and regulations for the execution of the trust arising under the act of Congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixty-seven; approved February twentieth, eighteen hundred and sixty-nine.

Approved February 8, 1875, 52

1992. Trustees of townsite to record patent-Proof of payment of taxes not required.

SECTION 1. Whenever the corporate authorities or judge shall have received a certificate of entry, patent, or other evidence of title to the real estate embraced within the limits of any town or city, it shall be the duty of said corporate authorities or judge to cause the same to be recorded in the land records of the proper county, and to entitle said certificate of entry, patent, or other evidence of title, to be recorded by the county recorder, it shall not be necessary to present or make, nor shall the county recorder require any

oath or affirmation that all or any part of the taxes for county and state purposes, assessed, due, or payable upon said real estate, have been paid. 1993. Sale of unclaimed lots or lands-Disposition of proceeds.

SEC. 2. All lots, blocks, shares, or parcels of land within the boundaries of such town or city, which shall not have been claimed as provided in section 4 of said act, approved February twentieth, eighteen hundred and sixtynine, shall, after the limitation provided in said section 4 has expired, be sold, and the proceeds of such sale disposed of as provided in section 8 of said act.

FEES

To regulate fees and compensation for official and other services, sections 1994-2004. To regulate fees and compensation for official and other services, sections 2005–2044. Relating to certification of public records or documents, section 2045.

Fixing and regulating fees for recording certificates of labor, section 2046.

An Act to regulate fees and compensation for official and other services in the State of Nevada.

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NOTE-Notwithstanding enactment of Stats. 1883, 56 (sec. 2005, et seq.), this act continues in force as to certain counties. See section 2043.

1994. Officers' fees.

SECTION 1. The several officers and persons named in this act may demand and receive for their services rendered in discharging the duties imposed upon them by law, the fees and compensation hereinafter specified.

[Sec. 2 (clerk of supreme court) superseded, Former act in relation to fees, Stats. 1861, 247, cited, State ex rel. Ford v. Hoover, 5 Nev. 144.

Officers can only demand such fees as the law has fixed and authorized for the performance of their official duties. Washoe Co. v. Humboldt Co., 14 Nev. 123.

1995. County clerks.

sec. 2006.]

This act contains but one general subject and matter properly connected therewith, and is not in conflict with Const., art 4, sec. 17 (sec. 275, ante). Russell v. Esmeralda Co. 32 Nev. 304 (107 P. 890, 891).

Nor does it conflict with Const., art 4, secs. 20, 21 (secs. 278, 279, ante). Idem.

SEC. 3. The county clerks of the several counties in this state [polling 800 votes or less] shall be entitled to fees as follows: For entering each suit on the clerk's register of actions, and making the necessary entry therein during the trial, one dollar; for filing each paper, twenty-five cents; for issuing summons, one dollar; for entering every appearance seventy-five cents; for entering return of every writ or process, seventy-five cents; for issuing subpena, for each witness, fifty cents; for entering each cause on the calendar, and making a copy thereof for each term of the district court, one dollar; for entering every motion, exception, rule, order, or default, fifty cents; for entering every discontinuance, dismissal, or nonsuit, fifty cents; for calling or swearing every jury, one dollar; for administering every oath or affirmation, twenty-five cents; for receiving and entering each

verdict of a jury, seventy-five cents; for entering every final judgment, for the first folio, one dollar, and for each subsequent folio, thirty cents; for filing judgment roll, fifty cents; for docketing judgment against each judgment debtor, fifty cents; for issuing execution, one dollar; for entering satisfaction of judgment, for each debtor, fifty cents; for entering every notice of appeal, fifty cents; for copying any proceeding, record, or paper, for each folio, thirty cents; for receiving and entering every remittitur from the supreme court, and accompanying papers, fifty cents; for every certificate, one dollar; for issuing every commission to take testimony, one dollar; for issuing every process under seal, other than subpena, one dollar; for every certificate under seal, one dollar; for issuing letters testamentary, or of administration, one dollar; for writing and posting notices, when required, for each copy, fifty cents; for recording all instruments, for each folio, thirty cents; for searching the files of each year in his office (but not to charge suitors or attorneys), fifty cents; for taking each bond and justification thereof required by law, one dollar; for taking justification to bond, for each name, fifty cents; for taking acknowledgments of deeds or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents; for issuing every decree or order of sale of mortgaged property, or writ of injunction, for the first folio, one dollar, and for each subsequent folio, thirty cents; for entering each suit in the plaintiff's and defendant's index, one dollar; for registering each paper when required by law, fifty cents; for making out naturalization papers, including all necessary oaths, affirmations, and certificates, for the first papers, five dollars; for making out naturalization papers, including all necessary oaths, affirmations, and certificates, for the final papers, ten dollars; for each day's attendance on the board of county commissioners, five dollars; provided, the same shall in no case exceed one hundred dollars per annum in the aggregate.

This section does not apply to Eureka County (see Stats. 1891, 38), nor to Washoe County, (Stats. 1909, 196).

See sec. 749, prohibiting fees in certain cases.

See sec. 1223, providing fee for clerk in corporate elections.

Allowed to retain fees for services in relation to location of public lands, sec. 1614.

A clerk, in preparing a transcript on appeal, is only entitled to receive pay for copying such papers, documents and statements as constitute the record in a criminal case as provided by law. State v. Rover, 13 Nev. 17. The clerk is not entitled to any fees from

1996. Recorders.

the county, fór issuing time checks or certificates to each individual juror.

The clerk is only entitled to charge for such motions and orders as are properly entered in the records of the court. Washoe Co. v. Humboldt Co., 14 Nev. 124.

SEC. 4. The following fees to the several county recorders [in counties polling 800 votes or less] are hereby established: For receiving, filing, and entering documents required to be recorded, twenty-five cents; for filing and entering any paper not to be recorded, fifty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, fifty cents; for recording any instrument, paper, or document, for each folio, thirty cents; for every certificate under seal, one dollar; for every entry of discharge of mortgage on the margin of records, fifty cents; for abstract of title for each document embraced thereby, one dollar; for searching records and files, for each document necessarily examined, fifty cents; for recording any survey or map other than town plat, for each course, fifty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twentyfive cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, one dollar; for recording certificates of marriage, death, divorce or birth, one dollar; for copy of any record or document in his office, the same fees as for recording; for taking acknowledgment, including certificate and seal, for first signature, one dollar; for each additional signa

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