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 20, 1869, 68.

Corporate Authorities Required to Convey Title.

339. SECTION 1. When the corporate authorities of any city or town, or the Judge of the district court for any county or district in this state, in which any unincorporated town may be situate, shall have entered at the proper land office the land, or any part of the land, settled and occupied as the site of such city or town, pursuant to and by virtue of the Act of the Congress of the United States 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, it shall be the duty of such corporate authorities or Judge to dispose of and convey the title to such lands, or to the several blocks, lots, parcels, or shares thereof, to the persons hereinafter specified.

Title Conveyed to Whom--Deed to Be Executed so as to Admit of Record.

340. SEC. 2. Any such corporate authorities or Judge holding the title to any such land in trust, as declared in said Act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share, or parcel of the same, to the person or persons who shall have, possess, or be entitled to the right of possession or occupancy thereof, according to his, her or their several and respective right or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease, or sale from one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance. Every deed of conveyance made by such corporate authorities or Judge, pursuant to the provisions of this Act, shall be so executed and acknowledged as to admit the same to be recorded.

Notice to Be Given Within Ninety Days After the Receipt of Patent-How Given.

341. SEC. 3. Within ninety days after the receipt by them or him of a patent for such lands, the corporate authorities or Judge entering the same shall give public notice thereof by publishing such notice in a newspaper printed and published in the county in which such city or town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this state. Such notice shall be so published once in each week for at least six successive weeks, or thirty days daily; and said notice shall also be posted in six of the most public places in said city or town for thirty days, and shall contain a correct description of the lands so entered, as the same is stated in the patent. As amended, Stats. 1871, 163. Claimant to Sign Statement in Writing-When Debarred-How Made in Certain Cases.

342. SEC. 4. Each and every person, company of persons, associations, or corporations, claiming to be an occupant or occupants, or to have, possess, or be entitled to the right of occupancy or possession of such lands, or any block, lot, share, or parcel thereof, shall, within six months after the first publication of such notice, in person, or by his, her, their, or its duly authorized agent or attorney, sign a statement in writing, containing a correct description of the particular parcel or parts in which he, she, they, or it claim to be entitled to receive, and deliver the same to or into the office of such corporate authorities or Judge; and all persons failing to sign and deliver such statement within the time specified in this section, shall be forever debarred the right of claiming or recovering such lands, or any interest or entail therein, or in any part, parcel, or share thereof, any court of law or equity; provided, that the bar to the right of claiming or

in

recovering such lands, or any interest or entail therein, as in this section provided, shall not apply to minors or insane persons; and, provided further, that all applications for conveyances under this Act for the benefit of minors and insane persons shall be made by the guardian or trustee of such minor or insane person, and all applications for such conveyances for the benefit of married women may be made by their husbands, if in this state; but in case of the absence of the husband from this state, or his refusal to make such application, then such married woman may apply in her own name. As amended, Stats. 1871, 163.

When Proceedings to Be Certified to District Court-Clerk to Serve Notice-Conveyance to Be Made Upon Final Determination of Contest.

343. SEC. 5. Should two or more persons claim adversely the title to any lot or lots, or parcels of land within the boundaries of such city or town, the corporate authorities or Judge having entered the same, shall immediately after the time for filing claims has expired, certify and transmit all proceedings and papers had or being before them or him in the premises, to the district court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court 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.

Appeal.

344. 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.

Deed to Be Made Out on Payment of Purchase Money and Expenses-Limitation of Fees and Costs-Proviso-Deeds to Minors or Insane Persons, How Made.

345. 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. As amended, Stats. 1871, 164.

If Lots Are Not Conveyed Within One Year, They Are to Be Sold-Proviso.

346. 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 three 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.

Trustees May Discharge Trust After Going Out of Office.

347. SEC. 9. Any corporate authorities cr 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. 350.

1. EFFECT OF DEED UNDER CONGRESSIONAL TOWN SITE ACT. 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 town sites 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. Treadway v. Wilder, 8 Nev. 91; 9 Nev. 67.

2. TOWN SITE ACT CONSTRUED-LAW OF CONGRESS PARAMOUNT LAW-UNOCCUPIED LANDSACTUAL OCCUPANTS ONLY ENTITLED TO DEED. Lechler v. Chapin, 12 Nev. 65.

3. DEED FROM TOWN SITE TRUSTEE-SUFFICIENCY OF. 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.

SECTIONS 1, 2, and 3 are inserted in the preceding Act in lieu of the sections which they amend. Claimants Not to Be Affected.

348. SECTION 4. Nothing in this Act shall be so construed as to in any manner affect any of the provisions contained in section four 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 four.

Survey of Town Sites-How Paid For.

349. 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 town site for the purpose of identifying or locating the lots, blocks, squares, streets, or alleys contained within the limits of said town site, 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.

Failure or Disability of Trustee, How Remedied.

350. 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.

Trustees of Town Site to Record Patent, etc.-Proof of Payment of Taxes Not Required.

351. 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.

Sale of Unclaimed Lots or Lands-Disposition of Proceeds.

352. 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 four of said Act, approved February twentieth, eighteen hundred and sixty-nine, shall, after the limitation provided in said section four has expired, be sold, and the proceeds of such sale disposed of as provided in section eight of said Act.

WATER AND IRRIGATION.

An Act to define and preserve existing water rights, provide for the storage of surplus water, and regulate the mode of using and acquiring the use of water in the future.

Approved March 16, 1899, 115.

Relative to Water Rights and Storage.

354. SECTION 1. All natural water courses and natural lakes, and the waters thereof which are not held in private ownership, belong to the state, and are subject to regulation and control by the state.

Rights Not Disturbed.

355. SEC. 2. All existing rights to the use of water, whether acquired by appropriation, or otherwise, shall be respected and preserved, and nothing in this Act shall be construed as enlarging, abridging or restricting such rights.

Usufructuary Right Only.

356. SEC. 3. There is no absolute property in the waters of a natural water course or natural lake. No right can be acquired to such waters except as usufructuary right-the right to use it, or to dispose of its use for a beneficial purpose. When the necessity for the use of the water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of a natural water course or lake except at such times as the water is required for a beneficial purpose.

Shall Not Divert Any More Water Than Can Be Economically Used-No Wastage.

357. SEC. 4. No person shall be permitted to divert or use any more of the waters of a natural water course or natural lake than sufficient when properly and economically used, to answer the purpose for which the diversion is made; nor shall any person be permitted to waste any such water, and all surplus water remaining after use, unavoidable wastage excepted, shall be returned to the channel by the persons diverting the same without unreasonable delay or detention.

May Change the Place of Diversion, When.

358. SEC. 5. Any person who has acquired the right to use the water for a beneficial purpose may change the place of diversion and manner of use; provided, such change does not substantially injure the rights of others.

Prior Right.

359. SEC. 6. The prior right to the use of the unappropriated waters of the natural water courses and natural lakes, as defined in this Act, may be acquired in the manner provided in this Act, and not otherwise.

Standard of Measure.

360. SEC. 7. In all measurements of water in this state a cubic foot of water per second of time shall be the standard of measurement.

Board of Water Commissioners.

The

361. SEC. 8. A Board of Water Commissioners is hereby created. County Commissioners and the County Surveyor of each county in the State of Nevada shall be the board. The Chairman of the Board of County Commissioners shall be the Chairman of the Board of Water Commissioners for each county.

Duties of County Surveyor.

362. SEC. 9. The Board of Water Commissioners shall have authority to require of the County Surveyor of each county the performance of the duties. enumerated in this Act and such other duties as they may prescribe for him. County Surveyor to Measure Streams and Ditches-To Determine the Land Irrigated and Land Suitable for Irrigation-To Prepare Maps-To Make Record-Defective Application-Duty of County Surveyor to Examine and Report to Water Commissioners. 363. SEC. 10. It shall be the duty of the County Surveyor of each county, when so petitioned by a majority of the freeholders whose lands are situated and lying within and under any certain water shed or proposed irrigation or water storage system, who will guarantee by a good and sufficient bond the cost of such survey, or when so requested by any corporation, association or individual proposing to store, appropriate or divert water who shall furnish a like bond as aforesaid, subject to the direction and control of the Board of Water Commissioners of each county, to measure and calculate, as directed by such petition or request, the discharge of streams from which water may be taken for beneficial purposes; to measure and calculate the carrying capacity of ditches diverting water from such streams; to examine [and] approximately determine the land