the same, and whenever said lands are abandoned for a period longer than sixty days, the same shall be subject to relocation.

An Act for the better protection of the rights of locators of mining claims.

Approved March 20, 1907, 193

2451. Recorder to give receipt for location certificate-To contain what. SECTION 1. Whenever the locator of a mining claim shall file his certificate of location in accordance with the law and pay the prescribed fees therefor, it shall be the duty of the mining district recorder, and of the county recorder, with whom said certificate is filed, forthwith to give such locator, or his agent, a receipt therefor; said receipt shall contain name of the claim given in notice filed and date of location thereof, stating the day and hour such certificate of location was filed.

2452. Receipt prima facie evidence.

SEC. 2. The receipt called for in section 1 of this act shall be prima facie evidence that the certificate of location has been duly filed, and the date of filing.

2453. Mining recorder to procure seal-Exemption.

SEC. 3. Each district mining recorder shall provide a seal on which shall be engraved the name of the mining district, the county and state, with which said seal he shall authenticate all of his official acts, which seal, together with his official documents and books, shall not be liable to be seized on execution.

2454. County recorder to notify mining recorders.

SEC. 4. It shall be the duty of the several county recorders, within ten days after the passage of this act, to notify each of the several district mining recorders in their respective counties of the passage of this act, which shall take effect on and after the first day of April, 1907.

2455. Violation misdemeanor-Penalty.

SEC. 5. Any mining district recorder or county recorder neglecting or refusing to comply with the provisions of this act shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred ($500) dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

An Act to encourage mining.

Approved March 3, 1887, 102

2456. May enter upon mineral lands-Compensation for injury—Improvements may be condemned.

SECTION 1. The several grants made by the United States to the State of Nevada reserved the mineral lands. Sales of such lands made by the state were made subject to such reservation. Any citizen of the United States, or person having declared his intention to become such, may enter upon any mineral lands in this state, notwithstanding the state's selection, and explore for gold, silver, copper, lead, cinnabar, or other valuable mineral, and upon the discovery of such valuable mineral may work and mine the same in pursuance of the local rules and regulations of the miners and the laws of the United States; provided, that after a person who has purchased land from the state has made valuable improvements thereon, such improvements shall not be taken or injured without full compensation. But such improvement may be condemned for the uses and purposes of mining in like manner as private property is by law condemned and taken for public use. Mining for

gold, silver, copper, lead, cinnabar, and other valuable mineral, is the paramount interest of this state, and is hereby declared to be a public use.

Cited, Ex Parte Boyce, 27 Nev. 33 (65 L. R. A. 47, 75 P. 1).

See secs. 2458-2459.

For condemnation of property, see secs. 5606-5629.

2457. State disclaims interest in mineral lands.

SEC. 2. Every contract, patent or deed hereafter made by this state or the authorized agents thereof, shall contain a provision expressly reserving all mines of gold, silver, copper, lead, cinnabar and other valuable minerals that may exist in such land, and the state, for itself and its grantees, hereby disclaims any interest in mineral lands heretofore or hereafter selected by the state on account of any grant from the United States. All persons desiring titles to mines upon lands which have been selected by the state must obtain such title from the United States under the laws of Congress, notwithstanding such selection. As amended, Stats. 1897, 36.

Regarding the reservation of mines from entries of other lands under the act of Congress, see sec. 2407.

One taking a patent to such lands, with such reservation acquired no interest in a mine located after his application was filed and before the patent issued, notwithstanding the selection by the state under the

grant from the government determined that the lands were agricultural and nonmineral within the meaning of the grant. Stanley v. Hirsching, 26 Nev. 55, 66 (63 P. 59).

An Act supplementary to an act entitled "An act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada," approved March 1, 1875.

Approved March 14, 1907, 140

2458. Prospector may enter on private land.

SECTION 1. Any person, a citizen of the United States, may enter upon any unfenced and unimproved land in the State of Nevada held in private ownership, excepting mining claims and mining property already located or occupied for mining purposes, and may prospect thereon for gold, silver or other valuable minerals or metals, being responsible to the owner of the land for all damage done thereon.

See sec. 2456.

2459. May locate mineral deposit thereon and acquire title, how.

SEC. 2. Any person, a citizen of the United States, discovering a ledge or deposit containing gold, silver or other valuable mineral or metals in or upon any unfenced and unimproved land in this state held in private ownership, excepting mining claims or mining property already located or occupied for mining purposes, may locate such ledge or deposit, in accordance with the laws of the United States and of this state in respect to the location of mining claims, the same as though such ledge or deposit was found upon the public domain, and may acquire title to such land so located 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 court in the county where the real estate is situated a petition verified according to law, stating therein the names of the person or persons presenting the petition; that he or they have discovered a ledge or deposit containing gold, silver, or some other valuable mineral or metal; the description by metes and bounds, or by some other accurate designation of the tract or tracts of land, located in the manner of mining claims as herein provided and desired to be appropriated for mining purposes; that said land is more valuable for mining purposes than the purpose for which the same is being held; the names of those in possession of said land, and those claiming any right, title or interest therein, so far as the same can be obtained by reasonable diligence.

2460. Method of proceeding prescribed.

SEC. 3. That the proceedings following the filing of such petition shall be as prescribed in that certain act of the legislature of this state entitled "An act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada," approved March 1, 1875, in so far as the same are not inconsistent with the provisions of this act.

2461. Title, how acquired.

SEC. 4. If upon the hearing of the petition filed as provided in this act it. appears to the satisfaction of the court or judge thereof that the land in question is more valuable for mining than for the purpose for which the same is being used, then the petitioner or petitioners shall acquire title thereto in manner similar to that prescribed in the act to which this act is supplementary.

2462. Basis for determining value.

SEC. 5. In determining the value of the land as a basis for the compensation which the petitioner or petitioners shall pay to the owners thereof, the minerals therein contained shall not be considered as going to make up the value, but the value which shall govern is the reasonable value of the land for the use to which the same has previously been put, or reasonably might be expected to be put in the future, by the owners thereof.

NOTE-The act of which this act is supplementary is covered by chapter 66 of civil practice act and is for that reason omitted, secs. 5606-5629.

An Act amendatory of and supplemental to an act entitled "An act to provide for the better preservation of the mining records in certain districts in this state," approved March 6, 1879.

Approved February 10, 1881, 33

2463. County recorders to be ex officio district mining recorders at county

seat.

SECTION 1. In every mining district in this state, in which the seat of government of any county is situated, the county recorder of said county shall be ex officio district mining recorder, subject in the discharge of his duties to such rules, regulations, and compensations as may be now in force or hereafter prescribed by the mining laws of the mining districts respectively to which this act is applicable. He shall, as such ex officio mining recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe keeping of all the records thereof, and the correct and safe keeping of the copies of all the records mentioned and referred to in section 2 of this act.

2464. Duties of mining recorders to certify and transmit copies quarterly. SEC. 2. It shall be the duty of each and every mining recorder of the several mining districts in the state, on or before the first Monday in January, April, July and October in each year, to transcribe into a suitable book or books, to be provided for that purpose, and to deposit and file with the county recorders of the respective counties in which said mining districts may be located, a full, true, and correct copy of the mining records of the respective mining districts for the three months next preceding said first Mondays in January, April, July and October, duly certified under oath; provided, this section shall not apply to the mining recorder created by section 1 of this act.

2465. County commissioners to provide books.

SEC. 3. There shall be provided by the county commissioners of the several counties in this state, and furnished to each mining recorder, on his

application, suitable books, into which the mining records mentioned in section 2 of this act shall be transcribed.

2466. Fees to recorders.

SEC. 4. The several mining recorders shall receive for services herein required by section 2 of this act, one dollar for the transcript of each claim, including the oath, which shall be paid at the time of recording by the parties making the locations.

2467. Copies of records introduced in court in evidence.

SEC. 5. The certified copies of the mining records certified to be deposited and filed as herein provided, shall be received in evidence, and have the same force and effect in all courts as the original.

2468. Penalty for not complying.

SEC. 6. Any person neglecting or refusing to comply with the provisions of section 2 of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Original act, Stats. 1879, 80, consisted of but one section and that is amended. It is therefore omitted as having been superseded by this act.

Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

An Act to provide for the better preservation of the mining records of this state, and to repeal all other acts in conflict with this act.

Approved February 14, 1885, 27

2469. Duties of mining recorders-Duplicate notices for county recorders. SECTION 1. It shall be the duty of each and every mining recorder of the several mining districts of the state to require all persons locating and recording a mining claim to make a duplicate copy of each and every mining notice, which copy the said mining recorder shall carefully compare with the original, and mark "duplicate" on its face or margin, and he shall immediately deposit with or transmit the same to the county recorders of the respective counties in which said mining district may be located.

See secs. 2382-2435.

2470. Fees to be collected.

SEC. 2. The said district mining recorders, at the time of comparing said duplicate notices with the original, shall collect from the locators of said mining claims the sum of one dollar for each and every notice compared, which sum he shall transmit, together with the said duplicate notices, to the county recorders of the respective counties in which said mining claims shall be located.

2471. Duplicate to be forwarded to county recorder.

SEC. 3. Whenever, owing to the distance of the mining district from the county-seat, it becomes inconvenient for the district mining recorder to personally deposit the duplicate copy with the county recorder, then in that case he may forward the same by mail or express, or such other manner as will insure safe transit and delivery to the county recorder.

2472. Fees for recording-Location out of district recorded with county recorder.

SEC. 4. The county recorders of the several counties shall receive for their services for recording each of said duplicate notices mentioned in section 2 of this act, the sum of one dollar; provided, that in case the location is made

outside of an organized mining district or in the absence of a mining recorder in any organized district, then the person or persons making such location shall within ninety days after making such location transmit a duplicate copy of such notice to the recorder of the county in which the location is made and the recorder shall record the same for a fee of one dollar. As amended, Stats. 1897, 77.

2473. Duplicate notice evidence same as original.

SEC. 5. The record of any original or duplicate notice of the location of a mining claim in the office of the county recorder as herein provided, shall be received in evidence, and have the same force and effect in the courts of the state, as the original mining district records. As amended, Stats. 1897, 77.

See sec. 2435.

2474. Penalty.

SEC. 6. Any person neglecting or refusing to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by such fine and imprisonment.

For recording of mining claims, see sec. 2424.

An Act to regulate grubstake contracts and prospecting agreements, and to provide for the recording of the same.

Approved March 29, 1907, 370

2475. Contracts to be recorded-Evidence.

SECTION 1. All grubstake contracts and prospecting agreements hereafter entered into, and which may in any way affect the title of mining locations, or other locations under the mining laws of this state, shall be void and of no effect, except between the parties to said contract or agreement, unless the instrument shall first have been recorded in the office of the county recorder of the county in which said instrument is made. The instrument or instruments shall be duly acknowledged before a notary public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this act, shall be prima facie evidence in all courts of justice in this state in all cases wherein the title to mining locations and other locations under the mining laws of this state are in dispute.

An Act for the encouragement of mining.

Approved March 7, 1865, 228

2476. Mining companies may sue minority owners for expenditures.

SECTION 1. When three or more persons, owning or claiming as joint tenants in common, or coparceners, a majority of the number of feet, shares, or interests in any mining claim in this state, shall have formed, or shall hereafter form themselves into a corporation or organized association, for the purpose of working and developing such mining claim, and shall actually proceed to work and develop the same, such corporation or association may, without demand, except by commencement of action, institute in any court of competent jurisdiction, suit in its corporate or associate name, as upon an implied contract for the payment of money, against any person not a stockholder in or member of such corporation or association, owning or claiming to own in said mining claim as joint tenant, tenant in common, or coparcener, for his or her proportion of the money actually expended, or indebtedness assumed by such corporation or association, in the actual and necessary working and development of said mining claim.