of such water supply to some convenient point, and for the payment into the reclamation fund of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the secretary of the interior for the irrigation project from which the water is taken. 1976. Surplus power may be leased by secretary of interior. SEC. 5. That whenever a development of power is necessary for the irrigation of lands under any project undertaken under the said reclamation act, or an opportunity is afforded for the development of power under any such project, the secretary of the interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived; provided, that no lease shall be made of such surplus power or power privilege as will impair the efficiency of the irrigation project. Act approved April 16, 1906 (34 Stat. 116). 1977. Secretary of interior may withdraw and dispose of certain townsites. SEC. 4. Whenever, in the opinion of the secretary of the interior, it shall be advisable for the public interest, he may withdraw and dispose of townsites in excess of one hundred and sixty acres under the provisions of the aforesaid act, approved April sixteenth, nineteen hundred and six, and reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of this act, and the aforesaid act of April sixteenth, nineteen hundred and six, and the proceeds of all sales of townsites shall be covered into the reclamation fund. Act approved June 27, 1906 (34 Stat. 520). 1978. Townsites on mineral lands-Exemption of veins-Surface rights. SEC. 16. That townsite entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof and when entry has been made or patent issued for such townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto; provided, that no entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. Act approved March 3, 1891 (26 Stat. 1101). (See secs. 2386 and 2392, Rev. Stats. supra.) See secs. 1960, 1965. Sec. 2386, construed, Talbott v. King, 6 Mont. 76; Silver Bow Mng. Co. v. Clarke, 5 Mont. 378, 5 P. 570. What value of mineral land must contain. Deffeback v. Hawke, 115 U. S. 392, 29 L. Ed. 423; Golden v. Murphy, 31 Nev. 395. Owner of mineral vein tunneling under townsite lot without consent of owner, Dower v. Richards, 73 Cal. 477. Sec. 2392 construed generally, Deffeback v. Hawke, 115 U. S. 392, 29 L. Ed. 423; Dower v. Richards, 151 U. S. 658, 38 L. Ed. 305, affirming 81 Cal. 44; Callahan v. James, 141 Cal. 291; Hartman v. Smith, 7 Mont. 19. 14 P. 648; Golden v. Murphy, 31 Nev. 395, 103 P. 394. Mining locations cannot be acquired under townsite act, Dower v. Richards, 151 U. S. 658, 38 L. Ed. 305, affirming 81 Cal. 44; Davis v. Weibbold, 139 U. S. 507, 35 L. Ed. 238; Deffeback v. Hawke, 115 U. S. 392; 29 L. Ed. 423; Sparks v. Pierce, 115 U. S. 408; Steel v. St. Louis Smelting Co., 106 U. S. 447, 27 L. Ed. 226; O'Keefe v. Cannon, 52 Fed. 898; Richards v. Dower, 64 Cal. 62, 81 Cal. 44, affirmed 151 U. S. 658, 38 L. Ed. 305; Hunt v. Steese, 75 Cal. 620; Jones v. Petaluma, 36 Cal. 230; Reilly v. Berry, 2 Ariz. 272; Blackmore v. Reilly, 2 Ariz. 442; Butte City Smoke House Lode Cases, 6 Mont. 397; King v. Thomas, 6 Mont, 409, 12 P. 865; Talbott v. King, 6 Mont. 76; Silver Bow M. Co. v. Clarke, 5 Mont. 378. Known mines excepted from townsite grant, Davis v. Weibbold, 139 U. S. 520; 35 L. Ed. 238; Colo. Coal Co. v. United States, 123 I. S. 307; McLaughlin v. United States, 107 U. S. 526; Larned v. Jenkins, 113 Fed. 634; Silver Bow M. Co. v. Clarke, 5 Mont. 378, 5 P. 570; United States v. Reed, 12 Sawy. 99; Richards v. Dower, 81 Cal. 44, affirmed 151 U. S. 658, 38 L. Ed. 305; Gold Hill Quartz M. Co. v. Ish, 5 Ore. 104; The Tombstone Townsite Cases, 15 P. 26; Moyle v. Bullene, 7 Colo. App. 308, 44 P. 69; Golden v. Murphy, 31 Nev. 395. Where mineral is known to exist at time of patent, Moran v. Horsky, 21 Mont. 345, 178 U. S. 205, 44 L. Ed. 1038; Borden v. Townsite patent not subject to collateral attack, Moran v. Horsky, 21 Mont. 345, 178 U. S. 205, 44 L. Ed. 1038; Borden v. N. P. R. R. Co., 154 U. S. 288, 38 L. Ed. 1038; Davis v. Weibbold, 139 U. S. 507, 35 L. Ed. 238; Steel v. St. Louis Smelting Co., 106 U. S. 447; New Dunderberg Mng. Co. v. Old, 79 Fed. 598; Buena Vista Petroleum Co. v. Tulare Oil Co., 67 Fed. 226; Carter v. Thompson, 65 Fed. 329; Pac. Coast Mng. Co. v. Spargo, 16 Fed. 348; Bd. of Education v. Mansfield, 95 N. W. 286; McCormick v. Sutton, 97 Cal. 373, 32 P. 444; Abbot v. Primeaux, 16 Nev. 361. See 17 Op. Atty. Gen. 248. See Fed. Stat. Anntd. vol. 6, pp. 343, 351-52. See Cent. Dig., title "Public Lands," vol. 41, sec. 85. NOTE-The following excerpt from a bulletin issued by the United States general land office, 1909, under the title "United States Laws and Regulations Relating to Townsites, etc.," is given here as showing the construction placed on the statutes relating to mineral townsites by the authorities of the general land office: TOWNSITES ON MINERAL LANDS. In view of the numerous inquiries touching the rights of claimants for mineral lands situated within townsites, as opposed to rights which may be acquired to such lands under the townsite laws, it is deemed appropriate to herein recite the principal rules applicable to the subject, so far as they seem clear from the law itself or are indicated by the trend of adjudicated cases. The general townsite laws, comprised in secs. 2380 to 2394, U. S. Rev. Stats., authorize the entry of townsites, or the sale of lots therein, upon public lands which may include unpatented mineral claims, but the rights of mineral claimants upon any land entered or sold under said townsite laws are expressly protected by secs. 2386 and 2392. These two sections recognize the superior rights, as against any townsite claimant-whether corporate, community, or individual-of all claimants for mineral veins possessed agreeably to local custom, or for any valid mining claim or possession held under existing law. The precedence and superiority so accorded to mineral claims, however, depend in final analysis upon the question of fact whether, at date of townsite entry or lot sale, the lands claimed under the mining laws were "known to contain minerals of such extent and value as to justify expenditures for the purpose of extracting them" (31 L. D. 87). Where an affirmative showing in such behalf is made in due course by the mineral claimant, his right to a patent for the land (subject to the distinction hereinafter noted as to incorporated towns) will not be prejudiced by any previous townsite entry, deed, or patent covering the same land (26 L. D. 144; 29 L. D. 426; 32 L. D. 211; 34 L. D. 276 and 596). Under said general townsite laws, as construed by the department and the courts, an entry including unpatented mineral lands may be made for an incorporated town as well as for an unincorporated town, the law requiring that in the former case the entry shall be made by the corporate authorities, and in the latter by the county judge (34 L. D. 24). While such general right of entry by or for incorporated towns and cities is therefore independent of anything contained in sec. 16 of the act of March 3, 1891 (26 Stats. 1095), it will be seen that that section in terms announces the right to enter mineral lands. The protection afforded to mineral claims by the body of sec. 16 is similar to that given generally in said secs. 2386 and 2392, Rev. Stats., but the proviso to sec. 16 is as follows: Provided, That no entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. This department has never viewed said proviso as warranting, under any circumstances, the allowance of entry for a mineral vein independently of "the surface ground appertaining thereto," nor is such an entry provided for in the general mining laws. But said proviso creates one distinction between unincorporated and incorporated towns as regards the relative rights of townsite occupants and mineral claimants, which is, that whereas the townsite patent will, in either case, carry absolute title to any mineral not known to exist at the date of townsite entry, the adverse rights of mineral and townlot claimants within incorporated towns are hinged upon priority of initiation. That is to say, that after entry is made for such town, no entry by a mineralvein applicant will be allowed for any land owned and occupied under the townsite law by a party whose possession antedated the inception of the mineral applicant's claim, even though such land was known, at date of the townsite entry, to contain valuable minerals. Subject to the distinction above noted, the foregoing principles apply to all mineral claims within townsites entered or disposed of under any of the laws above mentioned, and also to mineral claims within townsites disposable under special acts containing no reference to the rights of mining claimants. The law does not require that townsite entries shall exclude any mineral claim or possession except such as may have been patented (29 L. D. 21). Mineral claims which have not been patented may be excluded from a townsite entry at the option of the townsite applicant, who must, in that event, furnish satisfactory proof that the exclusion covers a "valid mining claim or possession held under existing law" (33 L. D. 542). The exclusion of a millsite claim from a townsite entry is necessary only in cases where the millsite claimant shall have been in occupation of the ground, under regular location, from a time antedating its occupation for townsite purposes. The issue of priority in such cases may be raised by the townsite applicant, the millsite claimant, or the government. 1979. Townsites in Walker River lands. And when such allotments shall have been made, and the consent of the Indians obtained as aforesaid, the president shall, by proclamation, open the land so relinquished to settlement, to be disposed of under existing laws. Act approved May 27, 1902 (32 Stat. 261). See proclamation of September 26, 1906 (34 Stat. 3237). NOTE-For general authorities concerning the various sections of the townsite laws, see: Fed. Stat. Anntd. vol. 6, pp. 341-362, cases and notes; Cent. Dig. vol. 41, title "Public Lands," secs. 83-100; also, Dec. Dig., under same title. STATE LAWS An Act prescribing rules and regulations for the execution of the trust arising under the act of Congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixty-seven. Approved February 20, 1869, 68 1980. Corporate authorities required to con- 1981. Title conveyed to whom-Deed to be vey title. executed so as to admit of record. 1982. Notice to be given within ninety days after the receipt of patentHow given. 1983. Claimant to sign statement in writing-When debarred-How made in certain cases. 1984. When proceedings to be certified to district court-Clerk to serve notice -Conveyance to be made upon final determination of contest. 1985. Appeal. 1988. Trustees may discharge trust after 1980. Corporate authorities required to convey title. SECTION 1. When the corporate authorities of any city or town, or the judge of the district court for any county or district in this state, in which any unincorporated town may be situate, shall have entered at the proper land office the land, or any part of the land, settled and occupied as the site of such city or town, pursuant to and by virtue of the act of the Congress of the United States entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixty-seven, it shall be the duty of such corporate authorites or judge to dispose of and convey the title to such lands, or to the several blocks, lots, parcels, or shares thereof, to the persons hereinafter specified. Cited, Wright v. Cradlebaugh, 3 Nev. 345; The act of Congress was intended for the benefit and protection of the actual citizens of the town against those making claim to the land for purely speculative purposes. Smith v. Stewart, 13 Nev. 66. It was not the intention of Congress, nor of the legislature that the unoccupied lands within the townsite at the time of the entry should become the property of the citizens of the town. Lechler v. Chapin, 12 Nev. 67, 74. To entitle an applicant to a deed, he must be an actual occupant, or entitled to the occupancy of the land. Idem. Said act is the paramount law. and the legislature cannot limit or extend the rights of claimants, or dispose of the trust in any other manner than is prescribed by said act. There is nothing in said act which limits the proof upon the part of claimants to their interests in the land at the time of entry thereof in the land office. If the land at that time is vacant, it is subject to location and occupancy by any person at any time prior to the issuance of a patent. 1981. Title conveyed to whom-Deed to be executed so as to admit of record. If a party abandons the land, or fails to keep his title good and leaves it vacant and unoccupied, he cannot strengthen his claim to the land by any act committed by him after the actual occupancy of the premises by another person. Idem. SEC. 2. Any such corporate authorities or judge holding the title to any such land in trust, as declared in said act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share, or parcel of the same, to the person or persons who shall have, possess, or be entitled to the right of possession or occupancy thereof, according to his, her or their several and respective right or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease, or sale from one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance. Every deed of conveyance made by such corporate authorities or judge, pursuant to the provisions of this act, shall be so executed and acknowledged as to admit the same to be recorded. Cited, In re Smith, 4 Nev. 257. The facts authorizing the grantees to receive a deed from the trustee need not be recited in the deed. A bargain and sale deed in the usual form reciting a consideration of one dollar is sufficient to convey the title to the land and is prima facie evidence that it was delivered to the party intended to receive it. Terry v. Berry, 13 Nev. 514, 522. 1982. Notice to be given within ninety days after the receipt of patent How given. SEC. 3. Within ninety days after the receipt by them or him of a patent for such lands, the corporate authorities or judge entering the same shall give public notice thereof by publishing such notice in a newspaper printed and published in the county in which such city or town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this state. Such notice shall be so published once in each week for at least six successive weeks, or thirty days daily; and said notice shall also be posted in six of the most public places in said city or town for thirty days, and shall contain a correct description of the lands so entered, as the same is stated in the patent. As amended, Stats. 1871, 163. the issuance of the patent to question the sufficiency and regularity of the notice. State ex rel. Jennett v. Stevens, 33 Nev. - (116 P. 601). It is not open to a lot claimant who files application for a lot in pursuance of a notice published on the receipt of receiver's duplicate receipt from the U. S. land office before 1983. Claimant to sign statement in writing-When debarred-How made in certain cases. SEC. 4. Each and every person, company of persons, associations, or corporations, claiming to be an occupant or occupants, or to have, possess, or be entitled to the right of occupancy or possession of such lands, or any block, lot, share, or parcel thereof, shall, within six months after the first publication of such notice, in person, or by his, her, their, or its duly authorized agent or attorney, sign a statement in writing, containing a correct description of the particular parcel or parts in which he, she, they, or it claim to be entitled to receive, and deliver the same to or into the office of such corporate authorities or judge; and all persons failing to sign and deliver such statement within the time specified in this section, shall be forever debarred the right of claiming or recovering such lands, or any interest or entail therein, or in any part, parcel, or share thereof, in any court of law or equity; provided, that the bar to the right of claiming or recovering such lands, or any interest or entail therein, as in this section provided, shall not apply to minors or insane persons; and, provided further, that all applications for conveyances under this act for the benefit of minors and insane persons shall be made by the guardian or trustee of such minor or insane person, and all applications for such conveyances for the benefit of married women may be made by their husbands, if in this state; but in case of the absence of the husband from this state, or his refusal to make such application, then such married woman may apply in her own name. As amended, Stats. 1871, 163. is nothing to prevent him from showing, in defense to ejectment by a person who procures a deed, that such plaintiff has no title and thus protecting his possession. Treadway v. Wilder, 8 Nev. 92, 98, 99. Under former act (Stats. 1866, 54) it was held, though an occupant of a town lot, by neglecting to present his claim may be barred of the "right of claiming or recovering such lands or any interest or estate therein," there 1984. When proceedings to be certified to district court-Clerk to serve notice-Conveyance to be made upon final determination of contest. SEC. 5. Should two or more persons claim adversely the title to any lot or lots, or parcels of land within the boundaries of such city or town, the corporate authorities or judge having entered the same, shall immediately after the time for filing claims has expired, certify and transmit all proceedings and papers had or being before them or him in the premises, to the district court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court |