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contract of purchase from the state, he has the beneficial estate or interest as well as the possession, and as such equitable owner and actual possessor is entitled to enjoy all the inciden ts to the land and its ownership as well as to the land itself. Barnes v. Sabron, 10 Nev. 218, 228.

In const ruing this act it was held that no patent can be issued in the name of any person who has already purchased from the state 320 acres of land. State ex rel. Faris v. Hatch, 15 Nev. 304, 307.

Where there is but one applicant claiming a preferred right to purchase land under this act, the register should proceed at once and enter into a contract with the applicant, providing his claim presents a prima facie case and was filed within the time provided by law; and his duty in this respect, being ministerial, may be enforced by mandamus. State ex rel. Springer v. Preble, 20 Nev. 38-44 (14 P. 584).

A claimant of a preferred right need not set forth in his application the facts upon which his occupancy or possession is based, so as to enable the register to determine therefrom whether the applicant possesses the requisite qualifications prescribed by statute. Idem.

Contests for public land are governed by the provisions of the practice act so far as applicable. Burbank v. Rivers, 20 Nev. 8183 (16 P. 430).

The method of taking appeals, and the questions to be considered thereunder by the appellate court, are matters of purely statutory regulations. Idem.

Act of 1881, 115: Under this act an applicant claiming a preferred right of purchase is not limited to 320 acres, but is entitled to 640 acres. State ex rel. Springer v. Preble, 20 Nev. 38-44 (14 P. 584).

PUBLIC LIBRARIES

An Act to provide for free public libraries and other matters relating thereto.

Approved March 16, 1895, 79

3227. On petition, commissioner to levy tax

for library fund.

3228. Library trustees, how appointed-Term -No compensation.

State library, sections 3946-3964.

District school library, sections 3393-3397.

3229. Powers of library trustees.
3230. Manner of paying claims.
3231. Library and rooms to be free.

3227. On petition, commissioners to levy tax for library fund.

SECTION 1. Whenever in any county in the State of Nevada a petition or petitions for the establishment of a free public library, certified by the district judge of any judicial district of the State of Nevada as being signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town or school district shall be presented to the board of county commissioners of the county in which said city, unincorporated town. or school district is situated, accompanied by affidavit of one or more of the signers thereof that the signatures thereto are genuine, the said board of county commissioners shall within ten days after said petition or petitions are so presented levy a tax upon all taxable property of said city, unincorporated town, or school district of not less than five nor more than ten cents on each one hundred dollars valuation of taxable property therein for the purpose of creating a fund to be known as the "Library Fund." And each year thereafter said board of county commissioners at the time and in the manner other taxes are levied shall levy a tax upon said property for said purpose of not more than ten cents on each one hundred dollars valuation thereof. amended, Stats. 1897, 30; 1901, 37; 1901, 99; 1907, 181.

3228. Library trustees, how appointed-Term-No compensation.

As

SEC. 2. The state board of education of Nevada, whenever notified that a petition has been presented as provided in section 1 of this act, shall appoint three competent persons who are residents of such city, unincorporated town or school district, to be known as library trustees, who shall hold office for

the period of one, two, and three years respectively, and said state board of education shall annually thereafter appoint one library trustee, who shall hold office for the period of three years, and all vacancies which may occur at any time in the said office of library trustee shall be filled by appointment by the said state board of education; said trustees shall serve without compensation, and shall hold office until their successors are appointed and qualified. As amended, Stats. 1901, 38.

3229. Powers of library trustees.

SEC. 3. Said library trustees shall have power to, and shall establish and maintain a library and reading room, make purchases, secure rooms, employ assistants, appoint officers, establish by-laws and regulations, and manage and control the affairs and business of said library; and they and their successors, shall hold and possess the property and effects of said library and reading room in trust for the public and for the purpose of said library and reading room, and may as said library trustees, and for the purpose hereinbefore provided, acquire and hold real estate and personal property, by purchase or bequest, and administer any trust declared or created, for such library or reading room, and may prosecute, maintain or defend any action, in reference to the property or affairs of said library and reading

room.

3230. Manner of paying claims.

SEC. 4. All claims for indebtedness incurred or created by said library trustees, shall be audited by a majority of said library trustees, and presented to and acted upon by the board of county commissioners, and paid out of said library fund in the same manner as claims against the county are presented, acted upon and paid. No indebtedness in excess of the amount of money, to be realized in any year from said levy for said library fund, shall be incurred by said library trustees, or allowed by the board of county commissioners, and in no case shall any claim except for library and reading-room purposes, be allowed or paid out of said library fund. 3231. Library and rooms to be free.

SEC. 5. Said library and reading room shall forever be and remain free and accessible to the people of such city, unincorporated town or school district, subject to such reasonable rules and regulations as said library trustees may adopt.

PUBLIC RECORDS

An act empowering all persons to copy or make abstracts or memoranda of all books and records of state and county officers and to utilize the same to supply the general public with copies, abstracts, and memoranda, and to otherwise make use thereof.

Approved March 20, 1911, 290

3232. State and county records may be copied.

SECTION 1. All books and records of the state and county officers of this state shall be open at all times during office hours to inspection by any person, and the same may be fully copied or an abstract or memoranda prepared therefrom, and any copies, abstracts or memoranda taken therefrom may be utilized to supply the general public with copies, abstracts or memoranda of said records or in any other way in which the same may be used to the advantage of the owner thereof or of the general public.

Prior to the passage of this act it was held, under sections 1038, 1039, ante, providing that every conveyance of real estate, and every instrument of writing setting forth an agreement to convey any real estate, or whereby any real estate may be affected, proved, acknowledged, certified, and recorded in the manner presented, "shall from the time of filing the same with the recorder, for record, impart notice to all persons of the contents thereof, and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice," and under other statutes enumerated, as construed in connection with the common law, that a corporation organized for the purpose of furnishing abstracts and guaranteeing titles, may, free of charge, through its agents and employees, during regular business hours, inspect and make memoranda and copies of all the files and records in the office of the

county recorder, in so far as they relate to current transactions in which it is authorized or employed to make searches, furnish abstracts, or guarantee titles by persons having, or seeking to acquire, an interest in property; the examination to be made at such times and under such circumstances as will not prevent the recorder or his assistants from discharging their duties, nor interfere with the right of other persons to have access to the records.

Under the laws mentioned, relator has not the right to copy or inspect all records for the purpose of compiling an independent set of abstract books, covering all the property to which the records relate and for use in equipping an office in opposition to the recorder. State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 50, 5 L. R. A. (N. S.) 545, 124 A. S. 883, 84 P. 1061.

PUBLIC SAFETY

An Act to secure persons and animals from danger arising from mining and

other excavations.

Approved February 8, 1866, 59

3233. Safeguards to be erected.
3234. Notice of violation of preceding sec-
tion may be filed-What notice shall
state.

3235. Upon filing notice, justice or judge to
issue an order.

3236. What notice shall require-Liable to
fine in addition to judgment.

3237. Suits to be in name of the state.
3238. County commissioners shall fence
abandoned excavations - Expenses,
how paid.

See chapter 16, Crimes, sections 6561-6591. See Explosives, sections 1946-1948, 6561-6591. 3233. Safeguards to be erected.

SECTION 1. Any person or persons, company or corporation, who shall hereafter dig, sink, or excavate, or cause the same to be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation, or hole, whether used for mining or otherwise, or whether dug, sunk or excavated, for the purpose of mining, to obtain water, or for any other purpose, within this state, shall, during the time they may be employed in digging, sinking, or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences, or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to securely guard against danger to persons and animals, from falling into such shafts or excavations.

An excavation in a sidewalk in a traveled thoroughfare is so inherently dangerous that the person making it cannot escape responsibility for injuries to others by having the work done by an independent contractor; he being bound to protect others from injury therefrom. Idem.

This act is not limited to excavation for mining purposes, but requires the guarding of excavations in streets, made for the benefit of abutting owners, rendering them liable for injuries to a traveler because of their failure to comply therewith. Anderson v. Feutsch, 31 Nev. 501 (103 P. 1013, 105 P. 100). 3234. Notice of violation of preceding section may be filed-What notice

shall state.

SEC. 2. Any person being a resident of the county, and knowing, or having reason to believe, that the provisions of section 1 of this act are being or have been violated within such county, may file a notice with any justice of the peace or police judge therein, which notice shall be in writing, and shall

state: First The location, as near as may be, of the hole, excavation, or shaft. Second-That the same is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of this act. Third-The name of the person or persons, company or corporation, who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth-If abandoned, and no claimant; and, Fifth The estimated cost of fencing, or otherwise securing the same against any avoidable accidents.

The notice under this section must state that the person or persons proceeded against are the owners, or in possession, of the unguarded well or excavation, in order to

give a justice court jurisdiction of the person. Wiggins v. Henderson, 22 Nev. 103-108 (36 P. 459).

3235. Upon filing notice, the justice or judge to issue an order.

SEC. 3. Upon the filing of the notice, as provided for in the preceding section, the justice of the peace, or judge of the police court, shall issue an order, directed to the sheriff of the county, or to any constable or city marshal therein, directing such officer to serve a notice, in manner and form as is prescribed by law for service of summons upon any person or persons, or the authorized agent or agents, of any company or corporation named in the notice on file, as provided in section 2 of this act.

3236. What notice shall require-Liable to fine in addition to judgment. SEC. 4. The notice thus served shall require the said persons to appear before the justice or judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show, to the satisfaction of the court, that the provisions of this act have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this act, which judgments and fines shall be adjudged and collected as provided for by law.

But one fine can be imposed on all persons jointly proceeded against under this section. Wiggins v. Henderson, 22 Nev. 103-108 (36 P. 459).

3237. Suits to be in the name of the state.

SEC. 5. Suits commenced under the provisions of this act shall be in the name of the State of Nevada, and all judgments and fines collected shall be paid into the county treasury for county purposes.

3238. County commissioners shall fence abandoned excavations-Expenses, how paid.

SEC. 6. If the notice filed with the justice of the peace, or police judge, as aforesaid, shall state that the excavation, shaft, or hole, has been abandoned, and no person claims the ownership thereof, said justice of the peace, or judge, shall notify the board of county commissioners of the county, or either of them, of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced, or otherwise guarded, as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid first, out of the fines and judgments collected in accordance with the provisions of this act, as other county expenses; provided, that nothing herein contained shall be so construed as to compel the county commissioners to fill up, fence, or otherwise guard, any shaft, excavation, or hole, unless in their discretion the same may be considered dangerous to persons or animals.

PUBLIC SCHOOLS

An act concerning public schools, sections 3239-3461.

An act to provide books, equipment and materials, and to encourage the economic use thereof by the pupils, sections 3462-3472.

An act to authorize the issuance of interest-bearing school warrants in emergencies, sections 3473-3477.

Providing certain percentage of fees from national forest reserves for school fund, section 3478.

CONSTITUTIONAL PROVISIONS

Education to be encouraged, section 353.

System of common, to be provided for, sections 354, 357.

Normal and other, may be established, section 357.

Special tax for support of, section 358.

Sectarian instruction in, prohibited, section 361.

Attendance upon public schools, laws to secure general, to be passed, section 354.

State lands, proceeds of devoted to, section 355.

Proceeds of escheated estates, all fines collected under penal laws, all property given or bequeathed to state for educational purposes, solemnly pledged for, section 355.

Shall not be transferred to any other fund for other uses, section 355.

Interest thereon to be apportioned among counties, section 355.

State university to be provided for, sections 355, 356.

Superintendent of public instruction: Liable to impeachment, section 335; election, term of office, section 353; perform other duties as may be prescribed by law, section 315.

State university, sections 4638-4670.

Virginia City school of mines, section 4671.

State superintendent of public instruction, sections 4341-4346.

An Act concerning public schools, and repealing certain acts relating thereto.

Approved March 20, 1911, 183

Chapter 1-State board of education, sections 3239-3242.

Chapter 2 Superintendent of public instruction, sections 3243, 3244.

Chapter 3-Deputy superintendents of public instruction, sections 3245-3254.

Chapter 4-Teachers' certificates, sections 3255-3273.

Chapter 5-Powers and duties of teachers, sections 3274-3277.

Chapter 6 School trustees, sections 3278-3313.

Chapter 7-School districts, sections 3314-3339.

Chapter 8-General provisions, sections 3340-3360.

Chapter 9-Census marshals, sections 3361-3372.

Chapter 10-School funds, sections 3373-3392.

Chapter 11-District school libraries, sections 3393-3397.
Chapter 12-School books, sections 3398-3412.
Chapter 13-County high schools, sections 3413-3424.
Chapter 14-Normal training schools, sections 3425-3430.
Chapter 15-School district bonds, sections 3431-3442.
Chapter 16-Compulsory education, sections 3443-3451.
Chapter 17-Protection of school children, sections 3452-3454.
Chapter 18-Protection of school property, sections 3455, 3456.
Chapter 19-Location of houses of ill-fame, sections 3457-3459.
Chapter 20-Construction of act, sections 3460, 3461.

NOTE-The annotations in this act refer to former school laws. So far as possible they have been placed under corresponding sections of this law.

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