of the same, and out of said sum so withdrawn shall pay the costs, as herein provided, and remit any balance to said unsuccessful applicant. As amended, Stats. 1887, 118; 1889, 120; 1891, 101; 1893, 59.

This section supersedes Act of 1891, 103, regarding formation of board to determine rights of applicants.

1. ACT OF APRIL 2, 1867, ON SAME SUBJECT, BUT NOW REPEALED, CONSTRUED. O'Neale v. Cleveland, 3 Nev. 485.

2. CONTESTS FOR PUBLIC LAND are governed by the provisions of the Practice Act so far as applicable. Burbank v. Rivers, 20 Nev. 81.

Two-Million-Acre Grant.

315. SEC. 14. All lands which have been or shall be selected under the twomillion-acre grant of June sixteenth, eighteen hundred and eighty, may be sold in tracts equal to six hundred and forty acres to each applicant, notwithstanding such applicant may have heretofore purchased, or may hereafter purchase, three hundred and twenty acres of the state, selected under other grants of land to the state. No lands shall be sold in tracts less than the smallest legal subdivision. As amended, Stats. 1889, 128.

Register to Select.

316. SEC. 15. It is hereby made the duty of the State Land Register to select as portions of the several grants of land to this state all lands for which money has been deposited under the provisions of this Act. As amended, Stats. 1889, 128.

Patent to Land from State.

317. SEC. 16. The title of the state to any lands sold under the provisions of this Act shall be conveyed by patent, free of charge, to the applicant, and none other, except as may be otherwise ordered by a competent court having jurisdiction. All patents shall be in such form as the Attorney-General and Land Register shall jointly prescribe, to be prepared by the Land Register, signed by the Governor, and shall have the great seal of the state affixed by the Secretary of State, and shall be countersigned by the Register. The Secretary of State and State Land Register shall each keep a record of patents issued. As amended, Stats. 1889, 128.

Mineral land reserved, Sec. 282.

1. TITLE BY PATENT WIPES OUT ALL FORMER TITLES. Vansickle v. Haines, 7 Nev. 249.

2. PATENTS WHEN SUBJECT TO WATER RIGHTS PREVIOUSLY ACQUIRED. Barnes v. Sabron, 10 Nev. 218.

3. PATENT ISSUED BY STATE CONVEYS NO TITLE TO MINERAL LAND. Heydenfeldt v. Daney M. Co., 10 Nev. 290.

SEC. 17 superseded by various salary Acts. See "Salaries of State Officers."

Selections Erroneously Made.

318. SEC. 18. The State Land Register is hereby authorized to withdraw from the local and general land offices of the United States all selections of lands that have been or may be erroneously made, at any time before such lands have been listed and approved to the state by the department of the interior. And the Governor is hereby authorized to reconvey, by deeds of relinquishment, all lands that have been or may hereafter be erroneously listed as approved to the state, in such form as the Secretary of the Interior may prescribe. Such deeds of relinquishment shall be duly attested by the Secretary of State, under the seal of his office, and be countersigned by the Register of the state land office; provided, that in no case shall any selections of lands be withdrawn, or deed of relinquishment executed, so long as there shall be any existing contract or patent for the same, or any pending litigation respecting the right of title of the state to such lands. Nor in any case shall such lands be conveyed or relinquished, when the same were subject to selection, or where the state's title to such land is valid. When such deeds shall have been executed they shall be forwarded to the Commissioner of the general land office at Washington, D. C. The State Land Register shall,

immediately after forwarding such deeds to the general land office, deduct the number of acres thus reconveyed from the amount of lands charged to the state under her grants from the United States. As amended, Stats. 1887, 46; 1889, 128.

Seal of State Land Office.

319. SEC. 19. The impression of the seal of the state land office upon the original or copy of any paper, plat, map, or document emanating from such office, shall impart verity to the same, and such paper, plat, map, or document bearing the impression of such seal, shall be admitted as evidence in any court in this state, and the use of such seal by the State Land Register is hereby authorized.

CERTIFICATE OF REGISTER OF LAND OFFICE EVIDENCE OF CONVEYANCE OF LAND. Brown v. Warren, 16 Nev. 228.

Investment of Funds.

320. SEC. 20. All funds derived from the sale of lands under this Act shall be invested in interest-bearing bonds of this state or of the United States, as required by section three, article eleven, of the constitution, of this state. The proceeds of the sale of lands donated to this state by Act of Congress of July second, eighteen hundred and sixty-two, shall be invested by the Board of Regents, and the proceeds of other lands herein referred to, whenever the sum of five thousand dollars shall have been paid into the state school fund, shall be invested as directed by law.

Board of Examiners to Allow Claims.

321. SEC. 21. All claims and accounts for services, or for expenses authorized by and legitimately incurred in carrying out any of the provisions of this Act, except the salaries of the Register and his deputy, shall be presented by itemized bills to the State Board of Examiners; and when any such claim shall be allowed by said board, they shall indorse thereon their approval of the same, and direct out of what fund or funds the claim so allowed shall be paid. Payment of all such allowed bills shall be made from appropriations made by law of moneys arising from sales of lands under this Act. As amended, Stats. 1889, 129.

Acts Repealed.

322. SEC. 22. An Act entitled "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 fifth, eighteen hundred and seventy-three, p. 120; also, an Act supplementary to the foregoing, approved March seventh, eighteen hundred and eighty-one, p. 162; also, an Act to amend an Act entitled. "An Act fixing the price of lands within the limits of the Central Pacific Railroad grant," etc., approved February nineteenth, eighteen hundred and eightythree, p. 42; also, an Act in relation to the sale of certain lands granted by the United States to the State of Nevada, approved March first, eighteen hundred and eighty-three, p. 103; and all other Acts and parts of Acts, so far only as in conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not divest any parties of any rights heretofore acquired under any of said Acts referred to.

PUBLIC LANDS EVIDENCE OF TITLE-FUNCTIONS OF REGISTER OF LAND OFFICE-RAILROAD GRANT-PRIOR PREEMPTION. Peers v. Deluchi, 21 Nev. 164.

An Act to provide for the advertising of certain unapproved lands, fixing the charge therefor, and providing for the expense of affidavits.

Approved March 9, 1899, 59.

Relating to Advertising of Certain Unapproved Lands-Applicant to Bear Actual Expenses. 323. SECTION 1. All applicants for the purchase of land not approved to the State at the time of making application, shall deposit with the State Land Reg

ister, in addition to the amount of fees required for selecting the same in the United States local land office, the amount of fees required for advertising such selection, if the land so selected, or any part thereof, be situated within a township containing any mineral entry, claim or location, said advertising fees or charges, when a daily newspaper is designated, not to exceed seven dollars for each ten lines of space for sixty-one consecutive days' publication, and where a weekly newspaper is designated as the medium of publication, five dollars for the same space of ten lines, for ten consecutive publications. The applicant in every instance shall also bear the actual expense of all non-mineral affidavits required by law, or by the regulations of the United States general land office.

An Act to provide for the record of patents to lands issued either by the State of Nevada or the United States of America, and other matters relating thereto. Approved February 9, 1883, 35.

Certified Copies of U. S. and State Land Patents Admitted in Evidence, When Original Recorded.

324. SECTION 1. All patents which have been heretofore, or which may be hereafter issued by either the State of Nevada or by the United States, for lands situate in the State of Nevada, may be recorded as they are issued in the office of the County Recorder of the county in the State of Nevada where said lands are situated; and when so recorded, copies of such records, certified as required by the laws of the State of Nevada, may be used in evidence in any court of the State of Nevada in the same manner and under the same circumstances, and with the same force and effect as certified copies of the records of conveyances of real estate, acknowledged or proven, and certified and recorded in the manner prescribed by the laws of the State of Nevada, may now be used.

An Act defining the rights of applicants for and contractors to purchase land from the State of Nevada, and providing for maintaining certain actions concerning such land.

325. SECTION 1. Every person who has applied to the State of Nevada to purchase any land from it, or who has contracted with the State of Nevada for such purchase, or who may hereafter apply to or contract with the State of Nevada, in good faith, for the purchase of any of its public land, and who has paid, or shall pay to the proper state officers, the amount of money requisite under such application or contract, shall be deemed and held to have the right to the exclusive possession of the land described in such application or contract; provided, no actual adverse possession thereof existed in another at the date of the appli

cation.

May Defend Action.

326. SEC. 2. Every person who has contracted with the State of Nevada, in good faith, to purchase any land from it, shall be entitled to maintain or defend any action at law or in equity concerning said land or its possession, which may now be maintained or defended by persons who own land in fee, and every person who has applied or may hereafter apply to the State of Nevada, in good faith, to purchase any land from it, and has paid or shall pay the amount of money which may be required under such application, to the proper state officer, shall be deemed and held to have the right to the exclusive possession of such land, and shall be entitled to maintain and defend any action at law or in equity, concerning such land or the possession thereof, which may now be maintained or defended by persons who own land in fee, provided, no actual adverse possession of such land existed in another at the date of such application.

Prospector May Enter and Work Mine.

327. SEC. 3. Nothing in this Act contained shall be so construed as to prevent any person or persons from entering upon such lands for the purpose of prospecting for any of the precious metals, or to prevent the free and economical working of any mine which may be discovered therein.

An Act to provide for the protection of timbered lands.

Approved March 3, 1871, 113.

Unlawful to Cut or Remove Timber, etc.

328. SECTION 1. It shall be unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber, or trees on or from any land in this state, to which land this state, or any person or corporation has or may have an inchoate title, or any title less than fee simple, and the provisions of this section shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporation's.

Misdemeanor.

329. SEC. 2. If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, shall violate the provisions of the first section of this Act, such person or corporation shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars.

Same.

330. SEC. 3. If any person shall cut down or remove any tree, wood, or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine as provided in section two of this Act.

Issue of Fact as to Title to Real Estate-Timber for Domestic Purposes.

331. SEC. 4. If an issue of fact be joined, as to the title to real estate, in any action under the provisions of this Act, such action shall thereupon be certified by the Justice of the Peace in whose court it may be pending to the district court of the same county, and therein tried and finally determined as if the same had been originally commenced therein; provided, that nothing in this Act shall be so construed as to affect or impair the provisions of an Act entitled "An Act prescribing the mode of maintaining and defending possessory actions on public lands in this state," approved March ninth, one thousand eight hundred and sixty-five [see Sec. 3814, et seq.]; and provided further, that nothing in this Act contained shall be so construed as to prevent the cutting and using by actual settlers upon such lands as are herein specified of such wood as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.

An Act ceding the jurisdiction of this state over certain lands to be acquired by the United States.

Approved February 24, 1885, 40.

Ceding Jurisdiction-Exception. 332. 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 cess therein or thereon.

Lands Exempt from Taxation.

any civil pro

333. 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 Stats. 1883, 13.

STATE HAS NO JURISDICTION of crimes committed on land ceded to the United States, only the right to execute criminal process. Jones v. Mack, 23 Nev. 359.

An Act to provide for the erection and maintenance of partition fences.

Partition Fences, etc.

Approved March 6, 1875, 146.

334. SECTION 1. Partition fences, between improved lands in this state, may be erected and repaired at the joint expense of the occupants, as hereinafter provided. If any person makes a fence, a partition fence, by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used.

Fence Viewers to Be Appointed; Report Of.

335. SEC. 2. If the parties cannot agree, on application, by either, to a Justice of the election precinct in which such fence is, such Justice must issue his order to three (3) disinterested freeholders of such precinct, not related to either of the parties, to examine such, fence and to ascertain the amount to be paid to owner erecting the same; and such freeholders, on a day to be by them appointed, within ten days after the issuance of the order, of which both parties must have notice, must examine such fence, and report to the Justice who issued the order the proportionate amount to be paid to the person erecting the fence; and if such amount is not paid within thirty (30) days after such report, the Justice, on request of the person erecting such fence, must issue execution for such amount, with costs, as provided in the following section, to be collected and returned as other executions. If the fence viewers report that the party making the application is not entitled to any amount to be paid him, then the cost of the application shall be taxed against him, and execution shall be issued therefor.

Fees.

336. SEC. 3. The Justice is entitled to one dollar for issuing the order, and the fence viewers to two dollars and fifty cents each, one-half of which is to be paid by each party; and not being paid within thirty days after the report, execution must issue therefor, with costs for issuing and serving such execution.

Oath of Fence Viewers.

337. SEC. 4. The fence viewers, before proceeding to act, must take an oath, which may be administered by one to the other, to discharge their duties fairly and impartially.

Partition Fences Defined-Improved Lands Defined.

338. SEC. 5. Partition fences, within the meaning of this Act, are fences erected on the line between lands owned or occupied by different persons; and improved lands, within the meaning of this Act, are lands cultivated in grain or vegetables, or set in grass, clover, or alfalfa, from which hay is cut, and town lots.