Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-01-24
AgTE sasN WELLS.
Assembsyman EHcCuitfy's
Sensible Eli.

Titled Ian Act TO proVlde lOf u
selection and sale OF lands tia
have been or may hereafter be
granted by the United States to thu
State of Nevada" approved Mch.
IL, 1885.
| The people of the State of Nevada
represented in Senate and Assem-
bly,, do enact as follows:
| SECTION /. Section thirteen 0
said Act above entitled is hereby
amended and supplemented SO al
to read as follows:
| Section Thirteen. An occupant
Or party in possession, shall have {
preferred right to purchase all tht
land that he or she be entitled tt
purchase for the period of sia
months alter the date of approval
to the State CT the lands occupied
by or possessed by him or her. and
where two OF more persons, eacn
claiming q preferred right by reason
OF occupancy or possession, apply to
purchase the same lands, the Reg
ister shall certify such applications
10 tie District Court OF the county
in which such lands are situated
and notify the contestlng applicants
thereof. An occupant or party in
possession, as named in this Act
and section, shall be deemed and
considered to include and define
any person firm, company, corpora
lion or association that shall, after
the passage OF this Act, commence
and prosecute with due diligence
the sinking OF artesian wells, or an
artes;an we'll, upon any unoccupied
public lands subject TO selection
aud sale by the State of Nevada
according to the requ 'rements of
can Act TO encourage the sinking
of artesian wells" approved March
fifth. one thousand eight hundred
and eighfy-seveD, and every such
person, firm, company, corporation
or association, shall be entitled to
and receive all the rights and
privileges of an occupant or party in
possession as to preferred rights to
purchase. when he shall have COM
piled with the provisions OF said Act
said we'll, and the require
ments herein written as TO diligence
in the prosecution o. SAID work and
upon the proof that said person,
firm, company, corporation or
association hes complied herewith,
its said preferred rights shall date
i ON the commencement OF the
OF sad well or wells; the
Judge or Cout shall then appoint
a commissioner in the vicinity of
The land SO in dispute to take and
report 10 such Court all the testi-
mony OF the parties IN the case.
The contest shall then be tried and
determined as ordinary actions in
said Court, and when so determined
shall be certified to the Register,
who shall proceed the eater with |
he successful contestant in the |
same manner as if he alone had |
applied in the premises; provided, |
hat all the costs attending such
contest shall be paid by the parties
ltigant as the Court or Judge may
and, provided further
hat a preferred right shall be based
lpon occupancy or possession, and
the definition thereof
'eFe,n and above written, dating
'rior to any existing valid applica-
ion to prlchase the land having
'eea filed with the Register. When
wo or mole persons, neither claim
ng a preferred right, apply to pUr-
base the same land, the first appli-
ant shall be allowed to purchase. !
When applications for the same
ract o. land are made simultan-
ousiv, neither OF the parties claim
lg a preferred tight, The appliaa-
ems shall be certified to the Dis
let Court of The county in which
UGH lands are situated in the same
hammer as in cases where pre-
sfeed rights have been filed, within
li:t.v days of the expiration OF the
* months allowed for that purpose; |
ne prior applicant shall be allowed
aiity days ION the date of such
'st filing in which TO file his or her