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.

An Act to encourage the mining, milling, smelting, or other reduction of ores in the State of Nevada.

Right of Eminent Domain.

Approved March 1, 1875, 111.

283. SECTION 1. The production and reduction of ores are of vital necessity to the people of this state; are pursuits in which all are interested, and from which all derive a benefit; so the mining, milling, smelting, or other reduction of ores are hereby declared to be for the public use, and the right of eminent domain may be exercised therefor.

Lands for Such Purposes, How Acquired-Verified Petition.

284. SEC. 2. Any person, company, or corporation engaged in mining, milling, smelting, or other reduction of ores, may acquire any real estate, or any right, title, interest, estate, or claim therein or thereto necessary for the purposes of any such business, 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 name of the person, company, or corporation, presenting the petition, that they are engaged in the business of mining, milling, smelting, or other reduction of ores as aforesaid, the description by the metes and bounds, or by some accurate designation of the tract or tracts of land desired to be appropriated for the purposes of such business, and that a necessity exists therefor, setting forth the names of those in possession of said lands, and of those claiming any right, title, or interest therein, so far as the same can be ascertained by reasonable diligence.

Defendants Upon Petition How Considered.

285. SEC. 3. The persons in occupation of said tract or tracts of land, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the commissioners herein provided for, and in proceedings subsequent thereto, in the same manner as if they had appeared and answered said petition.

Hearing Upon Petition.

286. SEC. 4. The said court, or the Judge thereof, either in term or vacation, shall, by order, appoint the time for the hearing said petition, and such hearing may be had and all orders in said proceedings may be made by the said court or the Judge thereof, either in term time or vacation.

Notice of Pendency of Petition.

287. SEC. 5. The petitioner shall cause all the occupants and owners of said tract or tracts of lands, so far as the same can be ascertained by reasonable diligence, who reside in said county, to be personally notified of the pendency of the said petition at least ten days before the hearing thereof; and if any of said occupants or owners are unknown, or do not reside in said county, and have not been personally notified of the pendency of the said petition, such petitioner shall cause a notice, stating the filing of said petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the hearing of said petition, to be published for four successive weeks, previous to the time of hearing said petition, in a newspaper published in said county, or if none is published in said county, then in a newspaper published nearest to said county.

Hearing Upon Petition-Commissioners, How Selected, Duties, etc.

288. SEC. 6. The defendants to said petition may appear and show cause against said petition on or before the time for the hearing thereof, or such other time as the hearing may be continued to; and upon satisfactory proof being made that the defendants have been duly notified of the pendency of said petition, as herein prescribed, and upon the hearing of the allegations and proofs of the said parties, if the said court or Judge shall be satisfied that the said lands, or any part thereof, are necessary or proper for any of the purposes mentioned in said petition, then such court or Judge shall appoint three competent and disinterested persons as commissioners, one of whom shall be selected from among the persons, if any, named for that purpose by said petitioner, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title, or interest in or to each of said tracts of land, for and in consideration of the appropriation of such land to the use of said petitioner. If any vacancy occur among said commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by said court or Judge to fill such vacancy, upon notice being given of such vacancy as said court or Judge may direct.

Meeting of Commissioners, etc.

289. SEC. 7. The said court or Judge shall appoint the time and place for the first meeting of said commissioners, and the time for filing their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties. The said commissioners, or a majority of them, shall meet at the time and place, as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpoenas for witnesses for either of said parties, and may administer oaths; and said commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties.

Powers and Duties of Commissioners --Claims to the Compensation Assessed, How Asserted.

290. SEC. 8. The said commissioners shall proceed to view the several tracts of land, as ordered by said court or Judge, and shall hear the allegations and proof of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated to be paid by said petitioner to the person or persons having or holding any right, title or interest in or to each of the several tracts of land; and such commissioners shall, on or before the time or times as ordered by said court or Judge, file in said Clerk's office their report, signed by them, or a majority of them, setting forth their proceedings in the premises; and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the court or Judge shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title, or interest therein thus sought to be appropriated, the parties thus asserting such claim shall present the same by petition to the court or Judge after the report of the commissioners shall have been filed, and the said court or Judge shall proceed to hear and determine the same; and in such cases said petitioner may pay the amount of such compensation to the Clerk of said court, to abide the order of the court or Judge in said proceedings, and said petitioner shall not be liable for any of the costs caused by the adjudication of such conflicting claims.

Objections to Report, How Made and Heard.

291. SEC. 9. The said petitioner, or any of said defendants, if dissatisfied with the report, may, within twenty days after the time of filing said report, and after ten days' notice to the parties interested, move to set aside the report, and

to have a new trial as to any tract of land, on good cause shown therefor, and the said court or Judge shall set aside the report as to such tract of land, and may recommit the matter to the same or to other commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to commissioners.

Report, When to Be Confirmed.

292. SEC. 10. Upon the expiration of twenty days after the filing of said report or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given as aforesaid, and if the proceedings of said commissioners appear to have been correctly and properly done, the said court or Judge shall confirm each of said reports and certify the same thereon.

Reports to Be Recorded-Orders, etc., by Judge-Costs, etc.

293. SEC. 11. Each of said reports and the certificates thereon, upon the compensation therein named being paid, shall be recorded in the Recorder's office of said county by said petitioner. The said court or Judge may make all such orders as may be necessary or proper in the special proceedings provided for in this Act, and shall cause the pleadings and proceedings to be amended, whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such special proceedings shall be taxed by the Clerk at the rates prescribed in the fee bill for said county in civil actions, and also the compensation of the commissioners which shall be fixed by the court or Judge, and shall be paid by said petitioner, except in case where a defendant shall move for a new trial, and the compensation assessed by the commissioners shall not be increased more than ten per cent upon the previous assessment, in which case such defendant shall pay the costs.

Defective Title, New Proceedings Thereon-Petitioner Entitled to Possession.

294. SEC. 12. If the title attempted to be acquired by virtue of the provisions of this Act shall be found to be defective from any cause, such petitioner may again institute proceedings to acquire the same, as in this Act prescribed, and at any stage of such new proceedings, or of any proceedings under this Act, the court or Judge in chambers may rule, or by order in their behalf made, authorize such petitioner, if already in possession, to continue in the use and possession, and if not in possession, to take possession of and use such premises during the pendency of, and until the final conclusion of such proceedings, and may stay all actions and proceedings against such petitioner on account thereof, provided such petitioner shall pay a sufficient sum into court, or give security, to be approved by such court or Judge, to pay the compensation in that behalf when ascertained.

Petitioner Acquires the Land, etc., When.

295. SEC. 13. Upon the filing of the report of the commissioners for record as above provided for, and upon the payment or tender of the compensation and costs as prescribed in this Act, the real estate, or the right, title, or interest therein described in such report, shall become the property of said petitioner for the purpose of the business of mining, milling, smelting, or other reduction of ores as aforesaid, so long as the same shall be continued, and shall be deemed to be acquired for and appropriated to public use.

Payments to Be Made, When.

296. SEC. 14. Such petitioner shall, within thirty days after the final confirmation of the report aforesaid, pay or tender the sum of money ascertained and assessed by said commissioners as and for the compensation of each tract of land described in said report of which the compensation was ordered by said court or Judge to be ascertained and assessed as aforesaid; and said payment or tender may be made to the person or persons owning said tract of land, or having or holding any right, title, or interest therein, according to the amount or extent of

the right, title, or interest owned or held therein by such person or persons; or said payment may be made to the said Clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes as if the said sum of money had been personally paid to each and all of the persons entitled thereto.

Realty of Incompetent Person, How Acquired-Voluntary Sale.

297. SEC. 15. If it shall become necessary for any of the purposes aforesaid for such petitioner to acquire any real estate, or any right, title, or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator, as the case may be, shall be subject to process, judgment, and decree as herein provided for persons of full age or capable of contracting, or without such process, judgment, or decree, they may sell and convey the property desired to said petitioner; but neither such sale or conveyance shall be valid for any purpose until the same shall have been approved by the Judge of the proper court, and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall have the same force and effect for the purposes in this section mentioned as if the same had been executed by persons competent to convey lands in their own names.

Payment to Person Entitled.

298. SEC. 16. The said court or Judge shall, at the time of the payment of any sum of money to the said Clerk under the provisions of this Act, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall upon satisfactory proof appear to be entitled thereto.

Term "Person" Defined.

299. SEC. 17. In all the proceedings in relation to the sale or appropriation of real estate, and ascertaining and receiving the compensation therefor, for the purposes as prescribed in this Act, the term "person" shall be deemed to include municipal or other corporations, and the word "petitioner" to designate any person or number of persons, company or corporation, who may in any case petition as provided in this Act.

Minutes of Proceedings.

300. SEC. 18. The minutes of the proceedings had before said Judge shall be entered by said Clerk in the same manner and with the same force and effect as if the proceedings were had before said court in term time.

For condemnation of land see Secs. 3918-3930.

Dayton Gold & Silver Mining Co. v. W. M. Seawell, 11 Nev. 394; Overman S. Mining Co. v. Corcoran, 15 Nev. 147.

An Act to protect the rights of owners of stock shares and other interests in the mineral and metal yielding mines of this state.

Approved February 21, 1877, 80.

301. [This Act annulled.]

Ex parte Deidesheimer, 14 Nev. 311.

LANDS AND AGRICULTURE.

An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada.

Approved March 12, 1885, 101.

State Land Office Created-Office Hours.

302. SECTION 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the sixteenth and thirty-sixth sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created, of which the Surveyor-General shall be and is hereby made ex officio Land Register. He shall, as such Land Register, be required to give bonds in the sum of ten thousand dollars for the faithful performance of his duties, which bonds shall be approved by the Governor and filed in the office of the Secretary of State. The Land Register shall keep his office at the seat of government, and the same shall be kept open on all legal days, between the hours of ten o'clock a. m. and four o'clock p. m., for the transaction of business.

Register to Procure Township Plats-Report to County Assessor.

303. SEC. 2. The Register shall procure from the United States SurveyorGeneral's office one copy of each township plat of the public surveys now approved or that may hereafter be approved by the proper United States authorities, unless the same shall have been previously obtained; provided, that said copies be made upon material of such a quality as the State Land Register may prescribe, the cost of the same not to exceed six dollars each. He shall keep a record of all applications and contracts and of lands which have been or may hereafter be approved 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; and he shall also furnish on or before the first day of July, eighteen hundred and eighty-seven, or as soon thereafter as practicable, a copy of the plat of each township within any county to the County Assessor of such county, to be used by him in performing the duties of his office; and all lands applied for in the state land office thereafter shall be reported by the Register to the County Assessor of the county in which such lands are situated, on or before the first day of May of each year thereafter, and the said Assessor shall immediately mark the same upon the township plats in his office, and shall keep such plats subject to the inspection of all persons interested in examining the same. As amended, Stats. 1887, 112; 1889, 123.

Price State Land-Railroad Lands.

304. SEC. 3. The price of all lands applied for after the approval of this Act, is hereby fixed at one dollar and twenty-five ($1 25) cents per acre, except such lands within the limits of the Central Pacific railroad grant as have heretofore been or may hereafter be approved to the state as double minimum lands, the price of which is hereby fixed at two dollars and fifty ($2 50) cents per acre, notwithstanding such lands have been or may hereafter be forfeited to the state; provided, that in cases of simultaneous applications to purchase the same lands, where neither party claims a preferred right, the price per acre shall be that offered by the highest bidder, as provided by section thirteen of this Act; and further provided, that nothing in this Act shall invalidate or change the condition of any completed sale or any contract which may have been entered into between the state and individual purchasers for the sale of any lands. As amended, Stats. 1887, 32; 1889, 124; 1891, 100.