Act repealed. SEC. 2. An Act entitled "An Act for the relief of Hiram Welch," passed January eighteenth, eighteen hundred and sixty-five, is hereby repealed. SEC. 3. This Act to take effect from and after its passage. Acknowledgements of etc., before Instruments may be secured. CHAP. IX.-An Act to amend an Act entitled "An Act concerning the Acknowledgment of Conveyances," approved February 20, 1864. [Approved January 26, 1866.] The People of the State of Nevada, represented in Senate and [SECTION 1.] Section first of said Act is hereby amended so as to read as follows: Section One. Acknowledgments of powers of attorney or of conveyances, deeds, conveyances, or of other instruments affecting real estate, whom taken. Within this State, taken at any time out of this State, but within some other State or Territory of the United States, before any Notary Public, Justice of the Peace, or other officer authorized by the law of such State or Territory, or of this State, to take such acknowledgments, shall be deemed and held good and valid; and all powers of attorney, deeds, or other instruments, acknowledged as aforesaid, and certified by the officer taking the same, may be recorded as other such instruments, and read in evidence in any of the Courts of this State; provided, however, that a certificate of the Secretary of State or the Territory, or a Judge or a Clerk of a Court having a seal, with the impression of such seal attached, as to the official character of such Notary Public, Justice of the Peace, or other officer, shall accompany the certificate of the officer or person taking the acknowledgments aforesaid. Proviso. Act not to affect rested rights. SEC. 2. Section second of said Act is hereby amended so as to read as follows: Section Two. But no such instrument, already recorded, shall be construed to impart notice prior to the passage of this Act, nor shall anything in this Act be so construed as to affect any rights vested or accrued at the passage of this Act. CHAP. X.-An Act for the Relief of Certain Officers of the Virginia [Approved January 26, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. The Mayor and Board of Aldermen of the City of Virginia are hereby authorized and required to audit and Aldermen audit and officers of allow, and the City Treasurer is hereby authorized and directl Mayor and ed, to pay out of the first moneys coming into the Genera- required to Fund-provided there be not a sufficiency therein for the pur- allow certain pose at the time of the passage of this Act-the demands of demands due the Chief Engineer, First and Second Assistant Engineer, and fire Secretary of the Virginia Fire Department, for such amounts department. as will, in addition to the sums already received by them, increase their respective compensation to the maximum annual salaries allowed by section thirty-six of an Act entitled "An Act to incorporate the City of Virginia, provide for the government thereof, and repeal all other laws in relation thereto," approved March 4th, 1865. Said officers shall hereafter be paid said maximum salaries, and no less, "during their present term of office." CHAP. XI.-An Act to amend an Act entitled "An Act concerning the Courts of Justice of this State, and Judicial Officers," approved January 26, 1865. [Approved January 31, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. Section fifty of said Act is hereby amended so as to read as follows: shall not be open. Section Fifty. No Court shall be open, nor shall any judicial When courts business be transacted on Sunday, on New Year's Day, on the Fourth of July, on Christmas Day, on Thanksgiving Day, on Washington's Birthday, or on a day on which the general elec- Exceptions. tion is held, except for the following purposes: First, to give, upon their request, instructions to a jury, then deliberating on their verdict. Second, to receive a verdict or discharge a jury. Third, for the exercise of the powers of a Magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth, for the issue of a writ of attachment, which writ may be issued on each and all of the days above enumerated, upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averments, as follows: That the affiant has good reason to believe, averments. and does believe, that it will be too late for the purpose of acquiring a lien by said writ, to wait till a subsequent day for the issuance of the same. And all proceedings instituted, and writs issued, and official acts done, on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect, of proceedings commenced on other days, whether a lien be obtained or a levy made, under and by virtue of said writ. Additional Proceedings valid. SEC. 2. All Acts, and parts of Acts, inconsistent with this Repeal. Act, are hereby repealed. Corporate authorities, etc., after entry of land occupied as required to convey title. CHAP. XII.-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 Citizens of towns upon lands of the United States, under certain circumstances," approved May 23, 1844. [Approved January 31, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. When the corporate authorities of any town, or the Judge or Judges of the Court for any county in this State, in which any town may be situated, shall have entered at the proper land office, the land, or any part of the land settled and a town site occupied as the site of such town, pursuant to, and by virtue of the provisions of the Act of Congress, entitled "An Act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances," passed May twenty-third, eighteen hundred and forty-four, it shall be the duty of such corporate authorities, or Judge or Judges, as the case may be, and they are hereby directed and required to dispose of, and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter described, and in the manner hereinafter specified. le to be person having equitable of entry. SEC. 2. Any such corporate authorities, or Judge or Judges, conveyed to holding the title to any such lands in trust, as declared in the said Act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every title at time 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 such entry of such lands, or to his, her or their heirs or assigns; and when any parcel or share persons not 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 to be made by such corporate authorities, or by such Judge or Judges, pursuant to the provisions of this Act, shall be so executed and acknowledged as to admit the same to be recorded. Rights of impaired. Deed to be executed so as to admit same to record. given within SEC. 3. Within thirty days after the receipt by them or him Notice to be of a patent for such lands, the corporate authorities, or Judge thirty days or Judges entering the same, shall give public notice thereof after receipt by publishing such notice in a newspaper printed and pub of patent. lished in the county in which such town shall be situated, or in case there shall not be any newspaper published in such 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 three successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the certificate or patent. required to writing. When pro SEC. 4. Each and every person or association, or company of Claimant persons, claiming to be an occupant or occupants, or to have, sigu possess, or to be entitled to the right of occupancy or posses- statement in sion of such lands, or any block, lot, share, or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his, her or their duly authorized agent or attorney, sign a statement in writing containing an accurate descrip tion of the particular parcel, or parts, in which be, she or they claim to have any interest, and the specified right, interest or estate therein, which he, she or they claim to be entitled to receive, and deliver the same to, or into, the office of such corporate authorities, Judge or Judges; and all persons failing to when sign and deliver such statement within the time specified in barred. this section, shall be forever barred the right of claiming or recovering such lands, or any interest or estate therein, or in any part, parcel or share thereof, in any court of law or equity. SEC. 5. Should two or more persons claim title to any lot or lots, or parcels of land within the boundaries of such town, the ceedings to corporate authorities, or Judge. or Judges, entering the same to District shall, immediately after the time for filing claims has expired, Court. certify and transmit all proceedings and papers, had or being before them or him in the premises, to the District Court of the proper county. 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, and thereafter the cause shall be proceeded with in all respects as in cases originally brought in said Court. Upon Conveyance the final determination of such contest, the Clerk of the District to be made Court, or Supreme Court, as the case may be, shall forth with termination certify the decision to the corporate authorities, or Judge or Judges; and upon the receipt of such decision, duly certified, the corporate authorities, or Judge or Judges, 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 in controversy. be certified on final deof contest. SEC. 6. Any party in such action deeming himself or herself Appeal. aggrieved by the determination or judgment therein, may appeal therefrom to the Supreme Court, as in other cases. made on purchase expenses. SEC. 7. After the issuance of the patent for such lands, it Deed to be shall be the duty of the corporate authorities, or Judge or Judges, payment of to whom such patent shall issue, to make out, execute and proportion of deliver to each person who may be legally entitled to the same, money and a deed in fee simple, for such part or parts, lot or lots, of land, on payment of his proper and due proportion of the purchase money for such land, together with his proportion of such sum as may be necessary to pay for streets, alleys, squares and public grounds, not exceeding twenty-five cents for each lot, and also such further sums as shall be a reasonable compensation for preparing, executing and acknowledging such deed, not exceeding the sum of six dollars for the first, and fifty cents for each additional lot, claimed by the same owner, for counsel fee and for moneys expended in the acquisition of the title, and When lands to be sold. Trustees may dis. charge trust out of office. the administration or execution of the trust, including reasonable charges for time and services employed in such trust, not exceeding one dollar and fifty-five cents for each lot; and the foregoing charges shall be full payment of all expenses attending the execution of the trust, except revenue stamps. SEC. 8. If all the lots, blocks, shares or parcels of such lands are not legally conveyed to the proper owners before the expiration of ninety days after the same has been passed upon by the corporate authorities, or Judge or Judges, 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 town, after paying their proportionate part of the purchase money and other expenses, including expenses incurred by publication and sale. SEC. 9. Any corporate authorities, or Judge or Judges, becoming a trustee under the Act of Congress relating to the relief after going of citizens of towns upon the lands of the United States, who shall, prior to the final execution of their trust, as provided in this Act, go out of office, shall be authorized, and they are hereby 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 in the first instance. When suc execute trust. SEC. 10. In case of death, removal from the State, or other cessor may disability of the trustee to execute the trust created by the Act of Congress, as provided in this Act, it shall be lawful for the corporate authorities, or Judge or Judges, of the county in which any such town site 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. Patent or title to be recorded. Lands not disposed of. SEC. 11. Whenever the corporate authorities, or Judge or Judges, shall have received a certificate of entry, patent, or other evidence of title to the real estate embraced within the limits of any town, it shall be the duty of said corporate authorities, or Judge or Judges, 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. SEC. 12. All lots, blocks, shares or parcels of land within claimed, how the boundaries of such town, which shall not have been claimed as provided in section four of this Act, shall, after the limitation provided in said section four has expired, be disposed of as provided in section eight of this Act. |