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Limitation of Leases.

2717. SEC. 78. No lands within this territory shall hereafter be conveyed by lease, or otherwise, except in fee and perpetual succession, for a longer period than ten years; nor shall any town or city lots, or other real property, be so conveyed for a longer time than twenty years. All leases hereafter made, contrary to the provisions of this Act, shall be void.

An Act supplementary to an Act concerning conveyances.

County Records Impart Notice.

Approved December 17, 1862, 29.

2718. SECTION 1. All instruments of writing now copied into the proper books of record of the office of the County Recorders of the several counties of this territory, shall, after the passage of this Act be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of all deeds, mortgages, powers of attorney, contracts, conveyances, or other instruments, notwithstanding any defect, omission, or informality existing in the execution, acknowledgment, or certificate of recording the same; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired in the hands of subsequent grantees or assignees.

Certified Copies.

2719. SEC. 2. Duly certified copies of such instruments as are embraced in section one of this Act may be read in evidence, under the same circumstances and rules as are now or may hereafter be provided by law for using copies of instruments duly executed and recorded; provided, that proof shall be first made that the instruments, copies of which it is proposed to use, were genuine instruments, and were in truth executed by the grantor or grantors therein named.

An Act to provide for the conveyance of mining claims.

Conveyance of Mining Claim.

Approved December 12, 1862, 12.

2720. SECTION 1. Conveyance of mining claims shall hereafter require the same formalities and be subject to the same rules of construction as the transfers and conveyances of other real estate.

1. THE WORDS MINING GROUND," when used in a deed, have a technical meaning. They refer to that interest which a mere occupant of the mine has in the same. They are not the words used when a fee simple or leasehold interest in real estate is to be conveyed. Hale & Norcross G. and S. M. Co. v. Storey Co., 1 Nev. 105.

2. SALE OF MINE BY ANOTHER NAME. When a person conveys a lode of ore, we have only to ascertain by the best means in our power what lode he meant; and if we can do so, it makes no difference that he has called it by a name illegitimately acquired by or applied to it. Phillpotts v. Blasdel, 8 Nev. 61.

Former Conveyances Construed.

2721. SEC. 2. All conveyances of mining claims heretofore made by bills of sale or other instruments in writing, with or without seals, recorded or unrecorded, shall be construed in accordance with the lawful local rules, regulations, and customs of the miners in the several mining districts of this territory; and if heretofore regarded valid and binding in such districts, shall have the same force and effect between the parties thereto, as prima facie evidence of sale, as if such conveyances had been made by deed under seal.

How Proved.

2722. SEC. 3. The location and transfers of mining claims heretofore made shall be established and proved in contestation before courts, by the local rules, regulations, or customs of the miners in the several mining districts of the territory in which such location and transfers were made.

An Act concerning conveyances of mining locations and claims by minors.

Approved February 27, 1869, 96.

Deed of Minor Held Valid-Suits Pending.

2723. SECTION 1. In all cases in this state, since the first day of July, A. D. eighteen hundred and sixty-seven, where minors over the age of eighteen years have sold interests acquired by them in mining claims or locations by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation; provided, that this section shall not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed; and, provided further, that this section shall not apply to or affect any suits which may now be pending in any courts of this state, in which the legality or validity of such deeds may be involved.

Minors Empowered to Sell or Convey.

2724. SEC. 2. All minors in this state, over the age of eighteen years, are hereby authorized and empowered to sell and convey by deed such interests as they may have acquired, or may hereafter acquire, in mining claims or mining locations within this state, by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this Act.

An Act to authorize and empower aliens and non-resident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada.

Approved February 27, 1879, 51.

Persons to Take, Hold and Own Property.

2725. SECTION 1. Any non-resident alien, person, or corporation, except subjects of the Chinese empire, may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the State of Nevada, as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation.

Rights Granted.

2726. SEC. 2. The right of eminent domain is hereby granted to such nonresident or foreign corporations, upon the same terms and conditions as the same is granted to resident or domestic corporations.

How Construed.

2727. SEC. 3. Nothing herein contained shall be so construed as to confer any other or further rights under the statutes of limitation than those at present existing.

ALIEN-RIGHT TO POSSESSION OF PUBLIC LAND. An alien will be protected in the possession of the public lands, the same as a citizen, against mere naked trespassers who do not connect themselves with the government title. Courtney v. Turner, 12 Nev. 345.

An Act concerning conveyances executed without the state.

Approved February 13, 1871, 54.

Acknowledgments Taken Out of the State.

2728. SECTION 1. The proof or acknowledgment of every conveyance affecting any real estate, taken without this state, but within the United States, shall be taken by some one of the following officers: A Judge or Clerk of a court

having a seal, or some Notary Public or Justice of the Peace, or by any Commissioner appointed by the Governor of this state, for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied with the certificate of the Clerk of a court of record of the county having a seal as to the official character of the Justice and the authenticity of his signature.

See, also, Sec. 2642.

Record Valid.

2729. SEC. 2. All acknowledgments of proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged or proven and certified, or which may have been certified in the manner herein above provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law, prior to the passage of this Act.

An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.

Officers Required to Keep Record.

Approved February 20, 1869, 72.

2730. SECTION 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward.

Penalty for Refusal or Neglect.

2731. SEC. 2. Any officer aforesaid refusing or neglecting to comply with the requirements of this Act shall be deemed and held guilty of a misdemeanor, and, on conviction thereof, fined before any court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall, in addition, be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Officers' Deeds.

Approved December 12, 1862, 13.

2732. SECTION 1. Where lands, or any estate or interest therein have been or may hereafter be sold by a Sheriff or Constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

Effect of Deed.

2733. SEC. 2. Such deeds, so made as aforesaid, shall have the same force and effect as evidence as if made by the officer making such sale.

An Act to provide for marks instead of signatures.

Marks Instead of Signatures.

Approved December 17, 1862, 33.

2734. SECTION 1. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the person make his mark, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

An Act to provide for the omission of the word "seal," the letters "L. S.," and other words, letters, or characters of like import on instruments in writing.

Seal Unnecessary.

Approved February 20, 1883, 45.

2735. SECTION 1. The word "seal," and the initial letters "L. S.," and other words, letters, or characters of like import, opposite the name of the signer of any instrument in writing, are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

An Act concerning records now in the custody of County Recorders of this state.

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2736. SECTION 1. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this state, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Copies May Be Read in Evidence.

2737. SEC. 2. Copies of the records of all such instruments mentioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded.

COMMERCIAL LAW AND PARTNERSHIP.

An Act concerning the payment in money of debts and other obligations.
Approved February 15, 1893, 121.

Legal Money.

2738. SECTION 1. On and after the passage of this Act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money, shall be payable in either the standard silver or gold coins or other legal money authorized by the Congress of the United States. As amended, Stats. 1895, 13.

An Act concerning the liabilities of joint debtors.

Joint Debtor May Be Released.

Approved February 15, 1866, 67.

2739. SECTION 1. Any one of two or more joint debtors, or parties jointly, or

having a seal, or some Notary Public or Justice of the Peace, or by any Commissioner appointed by the Governor of this state, for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied with the certificate of the Clerk of a court of record of the county having a seal as to the official character of the Justice and the authenticity of his signature.

See, also, Sec. 2642.

Record Valid.

2729. SEC. 2. All acknowledgments of proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged or proven and certified, or which may have been certified in the manner herein above provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law, prior to the passage of this Act.

An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.

Officers Required to Keep Record.

Approved February 20, 1869, 72.

2730. SECTION 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspec tion without fee or reward.

Penalty for Refusal or Neglect.

2731. SEC. 2. Any officer aforesaid refusing or neglecting to comply with the requirements of this Act shall be deemed and held guilty of a misdemeanor, and, on conviction thereof, fined before any court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall, in addition, be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Officers' Deeds.

Approved December 12, 1862, 13.

2732. SECTION 1. Where lands, or any estate or interest therein have been or may hereafter be sold by a Sheriff or Constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

Effect of Deed.

2733. SEC. 2. Such deeds, so made as aforesaid, shall have the same force and effect as evidence as if made by the officer making such sale.

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