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Additional

how selected

Proviso.

and, with the key, deposited with the Clerk of the District Court for such county, and by him safely kept unopened for future use, as further provided in this Act.

SEC. 5. When, at any time during a term of the District trial jurors, Court, it shall become necessary to summon other jurors than as herein before provided for, the Clerk shall, in open Court, under the direction of the Judge thereof, draw from such box, after the same shall have been thoroughly shaken up, a sufficient number [of names, to constitute additional trial jurors during such term of Court; provided, that in case any such juror so drawn reside at a great distance from the Court, the Court may, in its discretion, dispense with summoning such juror, and order another name to be drawn in his stead; and the Clerk shall issue a venire, directed to the Sheriff, commanding him forthwith to summon such person as trial juror; and the Sheriff shall forthwith proceed to summon the same as such trial juror, and with all possible diligence make return of his proceedings thereon.

When trial

jurors may

be selected from the

body of the

county.

Other names may be

selected and drawn.

Proviso.

Grand

selected.

SEC. 6. When, at any term of the District Court, for want of an assessment roll, or sufficient time in which to select and draw the list of jurors, as heretofore provided in this Act, or from any cause which may appear satisfactory to such District Judge, such list has not been selected or drawn, or the Sheriff has not summoned such jurors, or the names selected as jurors placed in such box have been exhausted, it shall be lawful for such District Judge and County Assessor (or County Clerk) to select alternately, from the body of the county, the names of a sufficient number of persons, lawfully qualified to serve as trial jurors such number not exceeding the number mentioned in section one of this Act-and deposit such names in a box; and at any time during the term of the Court, when a jury shall be required, names of persons shall, after such box shall have been thoroughly shaken up, be drawn therefrom by the Clerk, in open Court, as provided in section five of this Act; and from time to time other names may be selected and placed in such box, and drawn therefrom, as herein before provided, and summoned as trial jurors; provided, that in the selection of such names, the name of no person among the bystanders at such Court shall be selected.

SEO. 7. It shall be the duty of the District Judge, and any Jurors, how one of the County Commissioners of the county, at least ten days prior to the assembling of a Court, authorized by law, to inquire into public offenses, by the intervention of a grand jury, to select the names of twenty-four persons, qualified by law, to serve as jurors; and upon a venire being issued by the Clerk of such Court, the Sheriff shall, at least two days prior to the meeting of the Court, summons said persons to appear on such day, between the first and fifth day of the succeeding term, as the Judge shall direct, and from such panel the Court shall select seventeen persons, who shall constitute such grand jury.

New jury or additional

SEC. 8. When, from any cause, on the meeting of, or during the term of a Court authorized by law to inquire into public of jurors, how fenses, by the intervention of a grand jury, and a grand jury is wanted, and there is not a sufficient number of jurors pres

selected.

ent to constitute a grand jury, or none has been summoned, or those summoned have been discharged, a sufficient number to complete such grand jury, or constitute a new grand jury, as the case may be, shall be selected and summoned in the same manner as is provided in section six of this Act, for the selection of trial jurors.

Court may

jurors.

SEC. 9. At any time during the session of a term of the District Court, the Court may, in its discretion, temporarily re- release lease from attendance any or all of the grand or trial jurors, summoned to attend at such session of the Court; and during the time such jurors may be so released from attendance, they shall not be entitled to any compensation for jury service. SEC. 10. Any person who is a qualified voter and tax payer, Penalty for and who shall not have been convicted of treason, felony, or other infamous crime, shall be qualified to serve as a grand or trial juror; provided, that any person who is qualified to become a registered voter shall not be deemed disqualified to serve as a juror, by reason of non-registration.

failure to

serve.

from serving

SEC. 11. The following named persons shall be exempted Who exempt from serving as grand or trial jurors, viz: All priests, and ministers of the gospel, attorneys, law reporters, practicing physicians, druggists and apothecaries, editors, all regularly enrolled firemen, in active service, and all State, county, township, town and municipal officers; provided, that no fireman, when summoned to act on any jury, shall be excused from Proviso. serving as such juror until he shall have been sworn by the Judge, as follows: I, ..... do solemnly swear (or affirm), that I am a regularly enrolled fireman, in active service in the fire department of (here state the city, town or ward of the fire department of which such fireman claims to be an enrolled and active member), and that I am constant and active in the discharge of all the duties that devolve upon me, as a member of such fire department. So help me God, (if an oath); under the pains and penalties of perjury, (if an affirmation).

serve.

SEC. 12. Any person summoned, as provided in this Act, to Punishment serve as a juror, who shall fail to attend and serve as such juror, for failure to unless excused by the Court, shall be fined in any sum not exceeding five hundred dollars, in the discretion of the Court, and be imprisoned in the county jail until such fine be paid.

SEC. 13. Ar Act passed by the Legislative Assembly of the Acts Territory of Nevada, entitled, "An Act concerning jurors," ap- repealed. proved November twenty-ninth, one thousand eight hundred and sixty-one; also, an Act passed by the Legislature of the State of Nevada, entitled, "An Act concerning juries," approved February eighth, one thousand eight hundred and sixty-five; also, an Act entitled, "An Act to amend an Act entitled an Act concerning juries, approved February eighth, one thousand eight hundred and sixty-five," approved March ninth, one thousand eight hundred and sixty-five, are hereby repealed.

Treasurer

to sell school land warrants.

Payments.

CHAP. XCVI.—An Act to amend an Act entitled “An Act to
Provide for the Disposition of the Sixteenth and Thirty-Sixth
Sections of the Public Lands donated by the United States Gov-
ernment to the State of Nevada," approved February 27, 1865.

[Approved March 3, 1866.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section two of an Act approved February twenty-seventh, one thousand eight hundred and sixty-five, entitled "An Act to provide for the disposition of the sixteenth and thirty-sixth sections of the public lands donated by the United States Government to the State of Nevada," is hereby amended so as to read as follows:

Section Two. The State Treasurer is hereby authorized and authorized required, on application to him therefor, to sell said school land warrants for the sum of two dollars and fifty cents per acre, payable at the time of purchase, except when it shall be shown by two competent, credible and disinterested witnesses, that said land is more valuable for agricultural purposes than for any other purpose; then, upon application of the purchaser, he shall sell said land for said amount, payable as follows, to wit: one fifth of the amount to be paid at the date of the purchase and proof, the balance in four equal annual payments, with ten per cent. per annum interest, payable in advance on the whole amount due, and he shall make and enter into a written contract with the person or persons applying to purchase said school land, in which it shall be distinctly expressed, that upon a failure to pay the principal and interest thereon, as stipulated, the said land shall immediately revert to the State, and be subject to sale to other parties who may desire to purchase the same; and it shall be the duty of the State Treasurer to notify the Surveyor-General that such application proof and payment have been made, describing the land and giving the name of the purchaser, and it shall be the duty of the Surveyor-General, on receipt of said notice from the Treasurer, to make an entry of the same in a book kept for that purpose; and when full Warrant to payment is made at or before the expiration of the time above be delivered specified, the Treasurer shall deliver to the purchaser the warrant therefor; and the State Treasurer is hereby required to convert all money thus received from the sale of said sections into a fund, which shall be known as the State School Fund. SEC. 3. [2.] Section five of said Act is hereby amended so as to read as follows:

Treasurer to
notify
Surveyor.
General.

to purchaser.

When person entitled to exclusive

enter.

Section Five. Any person having complied with the possessory laws of this State shall have the exclusive privilege of privilege to entering any portion of the sixteenth or thirty-sixth sections, under the provisions of this Act, on which he may have a bona fide claim, at any time within sixth [six] months from the date of the reception of the plat of the township at the United States land office for the district in which said land is situate,

Duty of

more persons

and no longer. Any person applying to purchase said land, at any time before the expiration of said time, shall produce proof to the Treasurer that there is no other bona fide claimant to said land; and when two or more persons apply to purchase the same piece of land it shall be the duty of the said Treasu- Treasurer rer to notify the Board of State Land Commissioners thereof; when two or and it shall be the duty of said Board to appoint some person claim the to take such evidence, at the expense of the claimants, as each same land. may offer in support of his or her claim, and reduce the same to writing, and make due return thereof to the Board. The Board shall have authority to decide the case, and to permit the parties to enter such portion of the lands as they may decide, or permit a joint entry; and they shall notify the Treasurer and Surveyor-General of their decision, and to permit entries in accordance therewith.

dent of

instruction.

SEC. 4. [3.] The Superintendent of Public Instruction is Duty of hereby required to obtain a certified list of the portions of the Superintensixteenth and thirty-sixth sections, from the township plats on public file in the United States district land office, from the Register and Receiver, that have not been entered under the provisions of the pre-emption laws of the United States, and to report the same to the Surveyor-General, who shall make an entry of the same; and the Superintendent shall report to the Board of State Land Commissioners the amount so claimed or entered. And it shall be the duty of the Superintendent to select from the public lands of the United States a like quantity of land so entered-who,shall receive therefor, from the General Fund, the sum of ten cents per acre-and to which a bona fide claim may not have attached under the United States laws, and to obtain patents therefor from the United States. And when either of said lists are so selected, it shall be the duty of the Superintendent to audit and certify to the Controller the fees of the United States Register and Receiver at the district land office, at the rate of two dollars each for each selection of one hundred and sixty acres or less, in conformity with the Acts of Congress in relation thereto; and the Controller, thereupon, shall draw his warrants for the same, and the Treasurer shall pay the same out of the General Fund of the State.

CHAP. XCVII.-An Act for the Relief of John F. Stone. [Approved March 3, 1866.]

WHEREAS, John F. Stone, of Washoe county, on the sixth day Preamble of August, eighteen hundred and sixty-five, purchased from the proper authorities of this State a certain school land warrant, being number nine, and for forty acres, paying to the State therefor the sum of two hundred dollars in gold coin; and, whereas, the same was intended by said Stone for location upon two certain fractional lots, in the aggregate amounting to about thirty-four acres of land, which the said Stone

Controller directed to draw

warrant.

Treasurer directed to

draw warrant.

supposed to be vacant, and was informed by the land officers
was vacant, but, as was subsequently ascertained, one of said
lots had been previously entered by other parties; now, there-
fore, in view of the premises, and that justice may be done,

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The State Controller is hereby authorized and directed to draw his warrant on the State Treasury, in favor of the said John F. Stone, for the sum of one hundred dollars.

SEC. 2. The State Treasurer is hereby directed to pay said warrant out of any moneys now in, or hereafter to come into, the General Fund.

Property, how condemned for mining purposes.

CHAP. XCVIII.-An Act to provide for the Condemnation of
Real Estate and other Property required for Mining Purposes.

[Approved March 3, 1866.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Whenever any real estate, or other property, in
this State is, or becomes, necessary for the convenient and suc-
cessful working of a mining claim, and the person or persons
owning, or possessed of the same, refuse to sell or convey the
same to any person, mining company or corporation, needing the
same for mining purposes, at such valuation or price as such
person, company or corporation may deem reasonable and just,
said person, mining company or corporation [shall] select one
appraiser, and said owner or owners shall select one; pro-
vided, that if the owner or owners of such property, as afore-
said, shall refuse or fail to appoint or select an appraiser, as
provided for in this section, it shall be the duty of the District
Court to appoint such appraiser, and the two so selected shall
select a third, and the three shall appraise the real estate or
property sought to be appropriated, after having been first
sworn before some officer entitled to administer oaths, to make
a true appraisment thereof to the best of their knowledge and
ability. Within five days after the report of said appraisers,
notice of which shall be given to both parties, the person or
persons owning the property shall deliver to the person, com-
pany or corporation requiring said property, a good and suffi-
cient deed or conveyance of the premises, upon the payment of
the amount named in the report of the appraisers, and upon
such person or
persons failing so to do, it shall be lawful for
the person, company or corporation requiring said property, as
aforesaid, to petition the District Court, of the Judicial District
within which said real estate or other property is situated, for
a condemnation and sale of the same to such person, mining com-
pany or corporation.

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