Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-05-25
LAND LAW.
Information for Those Who Desire to
Purchase Or Take Up Land


Following is the Act passed at the last
session Of the Legislature amending the Act
Of 1885 IN regard to the selection and sale
of lands that have been or may hereafter be
granted by the United States 10 til. State Of
Nevada. 1t is published in full for the ben
eft OF our readers in the farming districts
who may not have other means Of becoming
posted:
SECTION I. Section thirteen Of said above
entitled Act, as amended, is hereby further
amended SO as to read as follows:
SECTION Thirteen. An occupant or party
in possession shall have preferred right TO
purchase all the lands he or she may be en-
titled to purchase, under the provisions Of
this Act, for the period Of six months after
the date Of filing in the State Land Office of
he official plat or plats covering the survey,
by the United States Government, Of the
lands occupied or possessed by him or her;
brovided, that said limitation shall not apply
to any lands which are now approved to the
State, nor to any lands which are already
survey ed, and of which official plats are now
on file in the State Land Office; which last
mentioned and defined lands shall be held
subject 10 claims Of preferred right during
the period Of nine months from and after the
approval of this Act. 1t shall be the duty
he c. u,itb
| days after the approval of this Act, to trans
nit to the Assessor of each county OF this
State at leas. fifty copies of this section, the
same 10 be supplemented by a like number
of copies Of duly certified list describing,
by township and range, the several townships
within each Of said counties, the plats OF
which were on file in the State Laud Office
at The date Of approval of this Ac:. Imme
diately upon receipt thereof each Assessor
shall file in his Office said certified list, and
cause to be conspcuously posted ia each pre-
cinct within his county at least five of said
copies. The State Printer shall print such
number Of said circulars as the State Land
~ S''sS' oitSib "hH shS ct"tN A-""u IN
lister is hereby authorized 10 attend 10 gen
eral distribution thcreo through The mails
or otherwise. After the filing in the State
Land Office of formal application for lands
not previously approved TO the State, shou d
one or more persons, each claiming pre-
ferred right by reason of occupancy or pos
Sessior llv prlv ~ rurcha sa he ,n,s
lands, the Register shall require each Of such
claimants 10 make and deposit, with his or
her application, an afidavi's affirming occu-
pancy or possession thereof dating prior to
the fling Of the first existing application for
the lands SO claimed. An occupant or party
in possession, as named in this Act and sec
uon, shall be deemed and considered TO in
clude any person, as defined in section five
of this Act, who, after the approval Of this
Act, shall commence and prosecute with due
diligence the sinking of an artesian well upon
any unoccuped public lands, subject to Sc.
lection by the State OF Nevada, according 10
the requirements Of an Act 10 encourage the
sinking of artesian wells, approved March 5,
1887, and the Acts amendaiory thereof and
supplemental thereto, and every such person
shall be entitled to all the rights and priv
leges of an occupant or party in possession
as 10 preferred right 10 purchase when he
or she shall have complied with the provisions
Of said Act concerning said well, and the re
quirements herein written, a, to diligence in
the prosecution of said work, and upon the
proof being made, before the proper Court,
as hereinafter provided, that said person has
complied Herewith, his or her preferred right
shall date from the commencement Of the
sinking OF said we'll. When two or more
persons severaly apply to purchase the same
lands, the first applicant. although not claim
ing preferred right to purchase, shall b,
entitled 10 appear and contest the right OF an
applicant to purchase under the claims Of a
preferred right. When two or more persons
severally apply to purchase the same lands,
neither claiming preferred right, the first
applicant shall be allowed to purchase. 1t
shall be the duty OF the S;ate Land Register
to notify the first existing applicant, or his
or her attorney or other legal representative,
Immediately upon the filing of a subsequent
application for any portion Of the lands EN-
braced in his or application. Such notice
shall be given by registered letter through
the United States mails. All cases OF con-
test arising under the provisions of this sec
ton, from simultaneous applications. or from
any other cause, shall be certified, together
with all the facts in his possession relating
thereto, by The Land Register 10 the District
Court in and for the county in which the
lands in dispute are situated. The Judge or
Court shall proceed to hear and determine
the rights of the contestants in the same
manner that ordinary actions in said Court
| are heard fried and determined and when