that said state shall select said lands in her own name and right, in tracts of not less than forty acres, and dispose of the same in tracts not exceeding three hundred and twenty acres, only to actual settlers and bona fide occupants; and, provided further, that city and town property shall not be subject to selection under this act; and, provided further, that this section shall not be construed to interfere with or impair rights heretofore acquired under any law of Congress. U. S. Statutes at Large, vol. 14, 85. By act of the legislature approved February 3, 1867, the state accepted all grants of public land theretofore made by the United States to the state. See enabling act, secs. 215 217. An Act to provide for giving effect to the various grants of public lands to the State of Nevada. Approved June 8, 1868 3190. State authorized to select certain sections within railroad grant. The State of Nevada is authorized to select the alternate even-numbered sections within the limits of any railroad grant in said state, in satisfaction, in whole or in part, of the several grants made in the following acts of Congress, to wit: the act organizing the Territory of Nevada, passed March second, eighteen hundred and sixty-one; the act admitting the State of Nevada into the Union, passed March twenty-one, eighteen hundred and sixty-four, and the act concerning certain lands granted to Nevada, passed July fourth, eighteen hundred and sixty-six; provided, that this privilege shall not extend to lands upon which there may be rightful claims under the preemption and homestead laws; and, provided, that if lands be selected, the minimum price of which is two dollars and fifty cents per acre, each acre so selected shall be taken by the state in satisfaction of two acres, the minimum price of which is one dollar and twenty-five cents per acre; and, provided further, that the lands granted in the eighth and ninth sections of the said act admitting Nevada into the Union shall be selected within four years from the passage of this act, and the period for the selection of said lands is hereby so extended. 3191. Selection of lands for agricultural college. SEC. 2. The lands known and designated for the establishment of an agricultural college by the act of July second, eighteen hundred and sixtytwo, and the acts amendatory thereto, shall be selected in the same manner and of the same character of lands as may be selected in satisfaction of any other grants referred to in the first section of this act. But this act shall not authorize the selection of lands valuable for mines of gold, silver, quicksilver, or copper. U. S. Statutes at Large, vol. 15, 67. An Act to continue in force a grant to the State of Nevada for college purposes. Approved March 16, 1872 3192. Time for establishment of college extended. The grant made to the State of Nevada under section 3 of the act of July fourth, eighteen hundred and sixty-six, entitled "An act concerning certain lands granted to the State of Nevada," shall not cease by reason of the failure of the said state to provide at least one college, as required by the several acts of Congress as a condition of said grant, but the same shall continue in full force; provided, that all the conditions of law be complied with prior to the tenth of May, eighteen hundred and seventy-seven. U. S. Statutes at Large, vol. 17, 40. An Act to grant to the State of Nevada lands in lieu of the sixteenth and thirty-sixth sections in said state. Approved June 16, 1880 3193. Lands granted in lieu of 16th and 36th sections. That there be, and are hereby, granted to the State of Nevada two million acres of land in said state in lieu of the sixteenth and thirty-sixth sections of land heretofore granted to the State of Nevada by the United States; provided, that the title of the state and its grantees to such sixteenth and thirtysixth sections as may have been sold or disposed of by said state prior to the passage of this act, shall not be changed or vitiated in consequence of or by virtue of this act. 3194. Selections to be from any unappropriated nonmineral public lands. SEC. 2. The lands herein granted shall be selected by the state authorities of said state from any unappropriated, nonmineral, public land in said state, in quantities not less than the smallest legal subdivision; and when selected in conformity with the terms of this act, the same shall be duly certified to said state by the commissioner of the general land office and approved by the secretary of the interior. 3195. Lands may be disposed of under rules prescribed by legislature— Proceeds of sale. SEC. 3. The lands herein granted shall be disposed of under such laws, rules, and regulations as may be prescribed by the legislature of the State of Nevada; provided, that the proceeds of the sale thereof shall be dedicated to the same purposes as heretofore provided in the grant of the sixteenth and thirty-sixth sections made to said state. U. S. Statutes, 1879-80, 288. The lands granted by this act were accepted by the state by act of the legislature of March 8, 1879, 106; and by the constitution the proceeds of these lands are pledged to educational purposes, sec. 355. STATE LANDS General act for the selection and sale of state lands, approved March 12, 1885, sections 3196-3216. Act amendatory thereof, regarding contests and forfeiture of money, approved March 13, 1903, sections 3217, 3218. Act to provide for the advertising of unapproved lands, fixing the charge therefor, and providing for the expense of affidavits, approved March 9, 1899, section 3219. Act to provide for determining the rights of applicants who simultaneously apply to purchase, approved March 21, 1891, sections 3220-3221. Act relating to contracts and patents for state lands, approved March 24, 1911, section 3222. Act relating to the issue and effect of patents, approved March 16, 1903, section 3223. Act defining the rights of applicants and contractors, and providing for maintaining actions, approved March 5, 1887, sections 3224-3226. An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada. Approved March 12, 1885, 101 3196. State land office created-Office hours- 3197. Register to procure township plats- 3200. Nonmineral affidavits-Duties of land treasurer. 3202. Fees to be deposited with state land register. 3203. Register authorized to sell or contract 3204. Contracts may be renewed. 3207. Moneys paid on order from controller. 3209. 2,000,000-acre grant. 3210. Register to select. 3211. Patent to land from state. 3212. Selections erroneously made. Pamphlets containing land laws and regulations are issued by the state land office. 3196. State land office created-Office hours-Bond of land register. SECTION 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the sixteenth and thirty-sixth sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created, of which the surveyor-general shall be and is hereby made ex officio land register. He shall, as such land register, be required to give bonds in the sum of ten thousand dollars for the faithful performance of his duties, which bonds shall be approved by the governor and filed in the office of the secretary of state. The land register shall keep his office at the seat of government, and the same shall be kept open on all legal days, between the hours of 10 o'clock a. m. and 4 o'clock p. m., for the transaction of busi ness. 3197. Register to procure township plats-Report to county assessor. SEC. 2. The register shall procure from the United States surveyorgeneral's office one copy of each township plat of the public surveys now approved or that may hereafter be approved by the proper United States authorities, unless the same shall have been previously obtained; provided. that said copies be made upon material of such a quality as the state land register may prescribe, the cost of the same not to exceed six dollars each. He shall keep a record of all applications and contracts and of lands which have been or may hereafter be approved to the state, and of all lands which have been sold by the state, which, together with all plats, papers and documents relating to the business of his office, shall be open to public inspection during office hours without fee therefor: and he shall also furnish on or before the first day of July, eighteen hundred and eighty-seven, or as soon thereafter as practicable, a copy of the plat of each township within any county to the county assessor of such county, to be used by him in performing the duties of his office; and all lands applied for in the state land office thereafter shall be reported by the register to the county assessor of the county in which such lands are situated, on or before the first day of May of each year thereafter, and the said assessor shall immediately mark the same upon the township plats in his office, and shall keep such plats subject to the inspection of all persons interested in examining the same. As amended, Stats. 1887, 112; 1889, 123. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 3198. Price state land-Lands in railroad limits-Simultaneous applications. SEC. 3. The price of all lands applied for after the approval of this act, is hereby fixed at one dollar and twenty-five ($1.25) cents per acre, except such lands within the limits of the Central Pacific railroad grant as have heretofore been or may hereafter be approved to the state as double minimum lands, the price of which is hereby fixed at two dollars and fifty ($2.50) cents per acre, notwithstanding such lands have been or may hereafter be forfeited to the state; provided, that in cases of simultaneous applications to purchase the same lands, where neither party claims a preferred right, the price per acre shall be that offered by the highest bidder, as provided by section 13 of this act; and further provided, that nothing in this act shall invalidate or change the condition of any completed sale or any contract which may have been entered into between the state and individual purchasers for the sale of any lands. As amended, Stats. 1887, 32; 1889, 124; 1891, 100. See secs. 3208, 3221, regarding simultaneous applications. 3199. Application to purchase, what to state-How signed-Statement to assessors. SEC. 4. All applications to purchase lands shall be made in writing to the land register and shall be signed by the applicant or his or her agent, and shall designate in conformity with the United States survey, the tracts of land applied for to purchase, the number of acres, and amount necessary to purchase such land, and the section of this act under which the applicant wishes to purchase; also residence, postoffice address, and county in which such land is located, and it shall be the duty of the state land register to furnish each of the several county assessors with a statement showing all the lands that have been applied for in their respective counties, and which have not heretofore been shown by such statement, together with the name and address of the applicant or assignee, so far as the same may be known, and on or before the first day of May of each year thereafter, to furnish such assessor with a statement showing all additional applications and forfeitures since last annual statement. 124; 1891, 100. Contract for the sale of state lands considered and held to constitute an entire contract for the land described therein, and that if the purchaser fails to pay interest upon the balance due upon any part of the land, he forfeits it all. State ex rel. Powning v. Jones, 22 Nev. 510, 516-517 (34 P. 450). As amended, Stats. 1887, 118; 1889, The statute permitting such a sale reviewed, and held to authorize the kind of contract made in this case, and to show that the legislature intended it to be entire and indivisible. Idem. 3200. Nonmineral affidavit-Duties state land register and state controller-Duties of state treasurer-Unselectable lands-Completion of purchase. SEC. 5. Upon the application of any citizen of the United States or any person who has legally declared his intention to become such, to purchase lands not previously selected by the state, such applicant shall deposit with the state land register an affidavit, in due form, by the applicant or some other competent person, made before an officer having an official seal and legally authorized to administer oaths, that the lands described in the application are nonmineral in character, and such affidavit shall not refer to any lands not included in such application. The land register shall indorse upon each application the exact time of its receipt in his office, and shall certify to the state controller that such person is entitled to apply for the lands, describing the same as in the application, which shall accompany the certificate, and said certificate shall state the amount necessary to purchase such lands. The controller shall thereupon issue his order directing the state treasurer to receive from such applicant such amount, placing the same in the proper fund, and upon such payment being made, the treasurer shall issue his receipt in duplicate, describing the lands applied for, and he shall at the same time enter in his abstract of applications the name of the person so applying, description of land, number and date of receipt, and amount paid by the applicant. Upon return of the application with the treasurer's receipt to the land office, the register shall file the same, and take prompt measures at the United States land office of the district in which such lands are situated to select, for the state, the lands described in such application. If, during a period of sixty days after the filing of any application, the state land register shall remain unable so to select any of the lands therein described, on account of conflicting entries or reservations in the United States land office, he shall cancel such application, so far as it concerns the unselectable lands therein described, and at once certify to the controller and treasurer each, that such applicant is entitled to the amount paid by him or her, on said unselectable lands, and the controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the treasurer. The state land register shall, at the same time, notify the applicant of such cancelation, and that the amount deposited thereon is subject to withdrawal as provided by law, and no subsequent application for lands embraced in such canceled application shall be certified by the state land register until due official notice shall have been received from the intending applicant, that the lands in question are subject to selection. Whenever purchase can be completed, in whole, or in part, upon lands applied for, as in this section provided, the land register shall certify the same to the controller and treasurer each, and shall at once proceed to complete such sale. Should the controller, upon receipt of such certificate, find that any payment had been wrongfully apportioned, he shall issue his order directing the treasurer to transfer such amount to its proper fund. If by reason of the nonapproval of the lands to the state, or other cause, the contemplated sale cannot be completed, in whole or in part, then, upon the demand of the applicant or his or her legal agent or assignee, the land register shall certify to the controller and treasurer each, that such applicant is entitled to the amount paid by him or her, and the controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the treasurer. The term citizen, as used in this act, is held to mean and include females of lawful age. As amended, Stats. 1889, 124; 1891, 100. As all grants are exhausted, section 5 is obsolete so far as it relates to the selection of new lands. 3201. Register to certify application to controller-Duplicate receipts by state treasurer. SEC. 6. Upon the application of any person as defined in section 5 of this act, for the purchase of land after the state has obtained title thereto, should such person be entitled to purchase, the land register shall certify the same to the controller. Said certificate shall be accompanied by such application, as provided in section 5 of this act, whereupon the controller shall issue his order directing the treasurer to receive the amount necessary to purchase such land, placing the same in the fund specified in the order. Upon payment being made by the applicant, the treasurer shall issue his receipts in duplicate for the same, and on return of said application, with the receipt, to the state land office, the register shall thereupon file the same and complete such sale. As amended, Stats. 1889, 126. 3202. Fees to be deposited with state land register. SEC. 7. All applicants for purchase of lands not approved to the state at the time of making application shall deposit with the state land register the |