redeemed within six months Land may be said, the original owner against whom the lien has been foreclosed, may apply to the person or persons, association, company or corporation, purchasing at such sale, to redeem such land and water rights, and the purchaser shall assign the certificate of sale of such land and water rights to such original owner upon the payment by him, within such six months, of the amount of the lien for which the same was sold, together with the interest, costs and fixed charges thereon. Where the lien holder becomes the purchaser at such foreclosure sale, if such land and water rights are not redeemed by the original owner within six months, then at any time within six months thereafter any person (possessing the qualifications of an original applicant if patent has not yet issued), desiring to settle upon and use such land and water rights, may apply to the purchaser at such foreclosure sale to redeem such land and water rights, and such purchaser shall assign the certificate of sale thereof to the person desiring to redeem the same upon the payment by him, within such six months, of the amount of lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon; provided, that in all cases arising under the provisions of this section and the section preceding, the right of the state to secure any unpaid balance due on the selling price of the land shall be protected. Proviso Sheriff to record sale SEC. 23. Upon issuing any certificate of sale, it shall be the duty of the sheriff to file for record in the office of the recorder certificate of of the county where such land is situated, a certified copy of such certificate of sale; and in case the original owner shall redeem the land and water rights, said original owner shall file for record in the office of such recorder the certificate of sale assigned to him by the purchaser. In case the land and water rights shall be redeemed by any person other than the original owner, the sheriff shall, upon presentation of such certificate, if patent for the land has issued, issue a deed, otherwise a transfer (subject to any unpaid balance on the land due the state) of such land and water rights to the person so redeeming the same. If the land and water rights shall not be redeemed by any person within the times and in such manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purchaser, to Deed issued, issue a deed or transfer as aforesaid to the purchaser. Where such land and water rights are not purchased by the lien holder at such foreclosure sale, it shall be the duty of the sheriff to first pay the lien holder out of the proceeds of such sale the amount of the lien, together with all interests, costs and fixed charges thereon, next the state and unpaid balance on the selling price of the land if patent has not issued, and any residue remaining to the person against whom such lien has been foreclosed, and for his services in such cases the sheriff shall receive the same fees as are provided by law in civil cases. SEC. 24. Said commission is hereby authorized and empow when to make and ered to establish, and require the observance of, such rules and Commission regulations as it may deem necessary, proper or expedient, not enforce rules in conflict with law or the regulations of the department of the interior, with respect to the administration of the provisions of this act, and which shall be published from time to time in pamphlet form for free distribution. com lands estab register of the Carey act SEC. 25. There is hereby established, as a department of the Department bureau of industry, agriculture and irrigation, as is or may be of Carey act created by law, the department of Carey act lands, and which lished: state shall be in charge of the state register of lands under the Carey lands under act, subject to the general supervision and control of the mission. Said state register may appoint a deputy and such clerical and other assistance as may be required in such department, at such compensation as the commission may fix. He shall be the custodian of all papers, documents, maps and plats relating to such department, receive and receipt for all fees and payments required to be paid under the provisions of this act, or under any rule or regulation of the commission, and deposit the same with the state treasurer to the credit of the Carey act trust fund; conduct all correspondence relating to such department, perform such other duties as the commission may prescribe and is hereby named as the authorized agent of the state to enter into and to execute, for and in behalf of the state, the agreement prescribed by the secretary of the interior binding the state in respect to the disposal of lands under the Carey act. He shall be entitled to such compensation for his services as state register of lands under the Carey act as the commission may allow. SEC. 26. The following fees shall be collected by the com- Various fees mission under the provisions of this act and deposited with enumerated the state treasurer to be placed in the Carey act trust fund: For filing each application for entry of land, one dollar; for each assignment of entry, two dollars; for taking evidence in final proof, two dollars; for taking evidence of annual proof of cultivation, one dollar and fifty cents; for issuing each certificate of location, one dollar; for issuing each patent, one dollar; for making certified copies of papers or records, twenty cents per folio for the original, and five cents per folio for each carbon copy thereof; for each application for a temporary withdrawal or a permanent segregation, but not twice for the same lands by the same applicant, one cent per acre for the total number of acres covered by the application, and for each statement of the status of an application for a segregation, prepared for the information of a prospective assignee thereof, twenty-five dollars. neer, how SEC. 27. The services of the state engineer shall be com- Services of pensated for by such fees and expense allowances as are author- state engi ized by law to be assessed against an applicant for a water paid right and for his inspection, supervision and report upon the proposed irrigation works of such applicant, and all other services of the state engineer, if the expense thereof is not covered Name of commission Annual report Proviso under con trol of the commission by existing law, shall be assessed against the applicant, and shall be required in advance, and the state engineer shall render a statement to the commission therefor, showing the disposition thereof; but, except in special cases and for unusual services, the work of the state engineer in connection with the Carey act shall be taken care of under the fee and compensation system of his office. He shall be the authorized agent of the state to make desert land selections under the Carey act, and may deputize an engineer under his office to act in his stead. SEC. 28. Said commission shall be known collectively as "State Commission of Industry, Agriculture and Irrigation, and in that name may sue and be sued in any action at law brought under the provisions of this act. SEC. 29. The state register of lands under the Carey act at the close of each fiscal year shall submit a detailed report of the transactions of his department to said commission, and on its approval, such number of copies thereof shall be printed for gratuitous distribution as the commission may direct; provided, that all pending proceedings before the commission and the state engineer, except the application for permit for a water right, shall not be made public or be open to public inspection until the application for temporary withdrawal or a segregation is filed in the U. S. land office. SEC. 30. Subject to the provisions of the act of congress, Proceeds of approved August eighteenth, eighteen hundred and ninetysale of lands four, the proceeds derived by the state from fees and the sale of Carey act lands, and by this act required to be deposited in the Carey act trust fund, shall be subject to control and disposition by said commission and may be used and drawn upon by said commission from time to time for the following purposes, and for none other: sale, how First-For the payment of all expenses, clerical assistance, Proceeds of and the compensation of the state register of lands under the Carey act, necessary to the administration and conduct of the said department of Carey act lands of the bureau of industry, agriculture and irrigation. applied Money Second-For the reclamation, under the control and direction of the commission, of desert lands in the state, other than those included in any segregation or application for a temporary withdrawal by any applicant except the state. Third-For such experimentation in agriculture, horticulture and forestry as shall aid the reclamation of the desert lands of the state. Fourth-For such advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation. Until said Carey act trust fund shall have received deposits from fees and sales of land under the provisions of this act appropriated sufficient to meet the necessary disbursements arising under ury for use of the first foregoing paragraph, the state controller and state treasurer are hereby authorized and directed to transfer from from treas commission the general fund to said Carey act trust fund, from time to time, sufficient moneys to meet the same, not exceeding five thousand dollars, and such sum is hereby appropriated for that purpose; provided, that as soon thereafter as deposits to Proviso the credit of said fund, derived from fees and sales of lands shall be sufficient therefor, all sums so transferred shall be restored to the general fund. All disbursements from said ble, when Carey act trust fund shall be on certificates of the chairman of said commission, approved by the state board of examiners. Provisions SEC. 31. The provisions of this act with respect to fees and nonapplicathe price authorized to be established by the commission and charged settlers for the purchase of lands shall not be held to apply in cases where the segregation applied for by any person or persons, association, company or corporation has been approved by the secretary of the interior and the contract covering the same entered into with the state, and executed on the part of the state by the state land register, prior to April first, nineteen hundred and eleven; but in all Exceptions such cases the provisions of section fifteen of the act of March twenty-third, nineteen hundred and nine, shall be held to apply as covering the same and said commission shall take such procedure under the terms thereof as shall reimburse the state for its actual expense and outlay in respect to proof of reclamation, settlement and occupation by settlers and the issuance of patent and recording the same; provided, that if Proviso prior to any actual sale of lands and water rights to settlers the contractor shall agree with the commission that such fees for proof of reclamation, settlement and occupation and for patent may be charged, the same shall apply. tracts sub SEC. 32. All contracts entered into on the part of the state certain conwith any person or persons, association, company or corpora- ject to these tion on and after April first, nineteen hundred and eleven, provisions irrespective of whether the segregation covered by said contract shall have been approved prior to the date this act goes into effect, shall be subject to the provisions of this act, and shall require the settler to pay such price as the commission shall establish for the land and the fees for proof of reclamation, settlement and occupation. this act SEC. 33. All applications for a segregation after the date Applications this act goes into effect, shall be covered by the provisions of covered by this act, and irrespective of the fact that said land may have been temporarily withdrawn prior to such date, the fee of one cent per acre shall be required of the applicant before said commission shall authorize or direct the state register of lands under the Carey act to file the application for a segregation. SEC. 34. All acts and parts of acts in conflict with the pro- Certain acts visions of this act are hereby repealed, including section three of the act of March twenty-third, nineteen hundred and nine. No provision of said act of March twenty-third, nineteen hundred and nine, shall hereafter be held to apply in any case other than as prescribed in section thirty-one of this act. repealed In effect SEC. 35. This act shall take effect on the first day of April, nineteen hundred and eleven. CHAP. 77-An act authorizing and directing the state board of commissioners for the care of the indigent insane to convey to Washoe County, State of Nevada, a right of way for a public highway to be taken from the south end of lots 3 and 10 of the northeast quarter of section 7, township 19 north, ranges 20 east, M. D. B. & M., in Washoe County, State of Nevada. [Approved March 18, 1911] The People of the State of Nevada, represented in Senate and SECTION. 1 The state board of commissioners for the care Right of way of the indigent insane are hereby authorized and directed to public high convey to Washoe County, State of Nevada, a right of way for way through a public highway, and to make, execute and deliver any and granted for grounds of All persons all necessary deeds and conveyances of the same within thirty days after a request therefor from the board of county commissioners of said Washoe County; said grant of said right of way shall not be less than thirty feet in width and be taken from the south end or side of lots 3 and 10 of the northeast quarter of section 7, township 19 north, range 20 east, M. D. B. & M., in Washoe County, State of Nevada. SEC. 2. This act shall take effect and be in force immediately. CHAP. 78-An act to protect public roads and highways from damage by water, and to provide a penalty for a failure to do so. [Approved March 18, 1911] The People of the State of Nevada, represented in Senate and SECTION 1. From and after the passage of this act, all persons, corporations or associations conducting water across any and corpora- public road or highway, or across any street or alley in any vent damage unincorporated town in this state, for domestic, mining, agripublic roads cultural or manufacturing purposes, shall construct and main tions to pre by water to and streets Penalties tain, at their own expense, good and substantial culverts or bridges, over such crossing, and shall in no case allow any stream of water, diverted from its natural channel for such purpose by them, to flood or wash any public road or any street or alley in any unincorporated town of this state. SEC. 2. Any person, corporation or association which shall fail or refuse to construct and maintain culverts and bridges as in section one of this act specified, or which shall fail, after five days' written notice, served upon them by the proper |