Any person, copartnership, association or corporation in
the actual and peaceable possession of any mining claim, under claim or
color of title, and engaged in the mining, shipment and treatment, or
sale of ores therefrom, shall, as to all persons purchasing such ore or
ores in good faith and without notice as provided in NRS 519.030 of the title or claim of title or ownership of
any other person, copartnership, association or corporation thereto, be
deemed to be the lawful owner or owners of such ore or ores.
[1:167:1907; RL § 2487; NCL § 4185]
Any
person who, or copartnership, association or corporation which, shall in
good faith and in the usual course of business and without notice, as
provided in NRS 519.030 , purchase and
obtain delivery of any ore or ores from any person, copartnership,
association or corporation in possession of the mines, mining claim or
claims from which such ore or ores shall have been mined and extracted,
shall be deemed the owner or owners of such ores except as provided in
NRS 519.010 to 519.050 , inclusive. He or they shall not be liable to,
or subject to, any action at law or in equity for the recovery of the
same or the value thereof by any person, copartnership, association or
corporation who or which may thereafter be adjudged to be the owner or
owners of such mine, mines, mining claim or claims.
[2:167:1907; RL § 2488; NCL § 4186]
1. If any person, copartnership, association or corporation shall
be or shall claim to be the owner or owners, or entitled to the
possession or enjoyment, of any mine, mines, mining claim, claims or
premises, then in the possession of some other person, copartnership,
association or corporation claiming to be the owner or owners or entitled
to the possession thereof, and mining, shipping and treating or selling
the ore therefrom, he, they or it may, if he, they or it shall intend or
desire to hold purchasers of or those intending to purchase such ore or
ores responsible for the value thereof, serve or cause to be served upon
such purchaser or purchasers, or intending purchaser or purchasers, a
notice in writing, which shall contain:
(a) The name of the mine, mines, mining claim, claims or premises.
(b) The name of the person, copartnership, association or
corporation claiming or asserting ownership or right to the possession or
enjoyment thereof.
(c) The name or names of the person, copartnership, association or
corporation in possession of and mining, shipping and selling ore
therefrom.
(d) A warning to such purchaser or purchasers, or intending
purchaser or purchasers, that he, they or it will be held liable and
responsible for all ore or ores by him, them or it purchased and
delivered or to be purchased and delivered from such mine, mines, mining
claim, claims or premises by such person, copartnership, association or
corporation, or his, their or its heirs, assigns or agents subsequent to
the service of such notice.
2. Within 30 days from and after the service of such notice, the
person, copartnership, association or corporation serving or causing to
be served the same shall:
(a) Institute an action to enforce his, their or its title in some
court of competent jurisdiction against the person, copartnership,
association or corporation in possession of and mining and shipping ore
from such mine, mines, mining claim, claims or premises, and to enjoin
him, them or it from the mining or shipment and sale of ores taken
therefrom pending such action; and
(b) At once notify such purchaser or purchasers or intending
purchaser or purchasers of such ore or ores of the pendency of such
action.
3. If the notice required by this section shall be served after an
action shall have been instituted, it shall not be necessary to commence
another under the provisions hereof.
[3:167:1907; RL § 2489; NCL § 4187]
If any person, copartnership, association or
corporation claiming title to or right of possession of such mine, mines,
mining claim, claims or premises, not having before then brought action,
shall serve a notice upon any purchaser or purchasers or intending
purchaser or purchasers of ore or ores, as provided in NRS 519.030 , and shall fail or neglect to institute an
action as required in NRS 519.030 , such
notice shall be deemed to have been waived, and the person or persons
serving such notice shall be liable to the persons injured thereby in
double damages including costs and reasonable attorney fees, and such
purchaser or purchasers or intending purchaser or purchasers shall not be
bound by anything therein contained.
[4:167:1907; RL § 2490; NCL § 4188]
Any purchaser of ore or ores who or which shall have received
the notice provided for in NRS 519.030 ,
and followed or preceded by the commencement of an action as therein set
forth, who shall purchase or continue to purchase and receive ores taken
from the mine, mines, mining claim, claims or premises named therein,
shall be liable and responsible for the value thereof to the person,
copartnership, association or corporation who or which shall be
ultimately adjudged or decreed to be the owner or entitled to the
possession thereof.
[5:167:1907; RL § 2491; NCL § 4189]
1. Every person, firm or corporation engaged in the business of
purchasing, sampling, reducing or refining of ores, the predominating
value of which is in gold or silver, for others, shall make settlement
with and pay to the seller of such ores the value thereof, after lawful
deductions, within 30 days after the delivery and sampling of such ores.
2. Every person, firm or corporation engaged in the business of
purchasing, sampling, or in the treatment or reduction or smelting, of
ores or metal, for others, shall make settlement with and pay to the
seller of such metals the value thereof, after agreed and lawful
deductions, within 30 days after the sale of the products of such metal
by the smelter, mill, reduction works, refinery or sampler reducing or
refining the same.
3. Every person, firm or corporation or lessor shipping ores,
bullion or metals to any smelter, mill, sampler or reduction works or
refinery for another, shall make settlement with and pay to the person or
persons entitled thereto the value of such ores, bullion or metals,
within 30 days after the settlement therefor shall have been made by the
smelter, mill, reduction works, refinery or sampler purchasing or
reducing or refining the same.
4. Any person violating any of the provisions of this section
commits an unlawful conversion, and is guilty of a misdemeanor.
[1:179:1925; NCL § 4190] + [2:179:1925; NCL § 4191] + [3:179:1925;
NCL § 4192] + [4:179:1925; NCL § 4193]—(NRS A 1967, 606)
Any person, corporation or
association, or the agent of any person, corporation or association,
engaged in the milling, smelting, sampling, concentrating, reducing,
shipping or purchasing of ores in this state, who shall in any manner
knowingly alter or change the true value of any ores delivered to him or
them so as to deprive the seller of the correct value of the same, or who
shall substitute other ores for those delivered to him or them, or who
shall issue any bill of sale, or certificate of purchase, that does not
exactly and truthfully state the actual weight, assay value, and total
amount paid for any lot or lots of ore purchased, or who, by any secret
understanding or agreement with another shall issue a bill of sale or
certificate of purchase that does not correctly and truthfully set forth
the weight, assay value and total amount paid for any lot or lots of ore
purchased by him or them, shall be guilty of a gross misdemeanor.
[1911 C&P § 445; RL § 6710; NCL § 10398]—(NRS A 1967, 606)
DUTIES AND RECORDS OF ASSAYERS AND PURCHASERS
Every
assayer, person, partnership, association or corporation engaged in the
business, or who or which may hereafter be engaged, directly, indirectly
or occasionally in the business, or who or which, being engaged in other
business, shall at any time assay, mill, sample, reduce, ship, transport,
buy, purchase, trade in, barter, concentrate, smelt, refine or sell
metalliferous-bearing ores, free gold, gold dust, gold amalgam, gold
nuggets, gold specimens, gold bullion, free silver, silver nuggets,
silver bullion, lead or lead bullion, copper or copper bullion, shall
keep and preserve a book of records thereof, in which shall be entered at
the times they shall occur the following entries, with the dates thereof:
1. The name of the assayer, person, persons, partnership,
association or corporation on whose behalf such ore, free gold, gold
dust, gold amalgam, gold nuggets, gold specimens, gold bullion, free
silver, silver nuggets, silver bullion, lead, lead bullion, copper or
copper bullion is delivered, or purchased, or sampled, or transported, or
sold, or reduced, or smelted, or milled, as the case may be.
2. The weight or quantity thereof, and a short description of each
and every lot or consignment thereof.
3. The name or names of the teamster or teamsters, packer or
packers, or other person or persons actually delivering or transferring
the same, and each and every portion of the same, and the name or names
of the owner or owners of the team, pack train, railway or express
company, automobile or other conveyance used or employed in and for such
delivery.
4. The name and location of the mine, mining claim, mining
location, or other premises from which the same has been or purports to
have been extracted, mined or procured, and if the products or property
consists of concentrates, amalgam, bullion concentrates, free gold or
free silver, there shall also be recorded the name and location of the
mill, concentrator, refinery or smelter which milled or purported to have
milled, reduced, concentrated, smelted or refined the same, and for whom
such milling, reducing, refining, concentration or smelting was done.
5. The date of the receipt thereof, and whether received by
purchase, barter, trade or gift, or for treatment, concentration,
reduction, sampling, refining, assay, transportation, sale, exchange or
otherwise.
6. Whenever the assayer, person, partnership, association or
corporation receiving any property hereinabove specifically designated
shall become the owner thereof by purchase, barter, trade or exchange,
there shall also be recorded in the book a statement showing the amount
and terms of such purchase, barter, trade or exchange.
7. Whenever the assayer, person, partnership, association, or
corporation receiving any property herein specifically designated shall
as agent, factor, broker or in any other capacity sell, barter, trade or
exchange the same for and in behalf of the owner or reputed owner
thereof, there shall also be recorded in the book the date, names of the
persons, the amount and character of the property sold or disposed of,
and the amount of such transaction.
8. The interest, if any, of the delivering person, partnership,
association or corporation in the property or any part thereof
hereinabove specifically designated, whether as owner, lessee, pledgee,
superintendent, foreman or workman in the mine, mining claim, mining
location, premises, mill, concentrator, sampler, refiner or smelting
works from which the same was or purports to have been mined or treated.
[1:193:1907; RL § 2483; NCL § 4181]
1. Whenever an affidavit shall be made by any person before any
justice of the peace or district judge that any ore, free gold, gold
dust, gold amalgam, gold nuggets, gold specimens, gold bullion, free
silver, silver nuggets, silver bullion, lead, lead bullion, copper or
copper bullion has been stolen or unlawfully taken from him, or from any
copartnership, association or corporation in which he is interested or in
which he is an officer or agent, stating as near as may be the character,
amount and value thereof, such person by himself, or his attorneys, or
both, upon presentation of such affidavit, or a copy thereof duly
certified as such by the officer before whom the same is verified, shall
have access to such book or books of any and every assayer, person,
partnership, association or corporation required to keep the same by the
provisions of NRS 519.080 , and may
freely and without hindrance or interference, read and examine all
entries which may have been made therein during a period of 60 days next
preceding the date of such affidavit.
2. The examination provided for in this section may be made by the
person making such affidavit, or the partnership, association or
corporation in whose behalf the same is made, only if such person or
partnership, association or corporation shall at the time thereof have a
present ownership or interest in the assay office, mine, claim, premises,
mill, smelter, concentrator, refinery or establishment from which such
ores, free gold, gold dust, gold amalgam, gold specimens, gold bullion,
silver, silver nuggets, silver bullion, lead, lead bullion, copper or
copper bullion has been stolen or unlawfully taken or alleged to have
been stolen or unlawfully taken.
[2:193:1907; RL § 2484; NCL § 4182]
Every assayer, person,
copartnership, association or corporation described in NRS 519.080 who or which shall fail, refuse or neglect to
keep the book or books, or to make the entries therein as required in NRS
519.080 , or who or which shall make or
cause to be made any false or fictitious entry therein, or who or which
shall refuse the right of inspection thereof to any person entitled
thereto as provided in NRS 519.090 ,
shall be punished by a fine of not more than $1,000.
[3:193:1907; RL § 2485; NCL § 4183]—(NRS A 1967, 606)
If any assayer, person,
partnership, association or corporation shall fail, refuse or neglect to
make the inquiries or secure the information necessary to the making of
the proper entries in the book as provided in NRS 519.080 , or shall so negligently and imperfectly make
such entry or entries that the nature, character or value of the ore or
other property therein mentioned, or the assayer, partnership, person,
association or corporation delivering the same or receiving the proceeds
thereof cannot be ascertained, identified or determined, or shall fail,
neglect or refuse to keep such book or books, or shall willfully lose or
mislay or willfully or knowingly permit to be lost or mislaid the book or
books, so that the same cannot be produced for inspection as provided in
NRS 519.090 , such failure, refusal or
neglect shall not excuse, protect or operate as a defense to any such
assayer, partnership, association or corporation as defendant or
defendants in any action or prosecution brought or instituted under the
provisions of NRS 519.080 to 519.110
, inclusive.
[4:193:1907; RL § 2486; NCL § 4184]
1. Every person or firm engaged in the business of assaying within
this state shall be required to place a written description, pasted on or
stamped upon every bar of bullion or amalgam melted, retorted, assayed or
refined by such person or firm, containing the name of the person or
company by whom such bullion or amalgam was deposited with or sold to
such person or firm.
2. Every person or firm engaged in the business of assaying within
this state who shall neglect or refuse to comply with the provisions of
this section shall be guilty of a gross misdemeanor.
[1911 C&P § 498; RL § 6763; NCL § 10445] + [1911 C&P § 499; RL §
6764; NCL § 10446]—(NRS A 1967, 607)
1. Except as otherwise provided in subsection 4, every person or
firm engaged in the business of assaying within this state shall, in each
report or other document containing the results of an assay conducted by
the person or firm which is created or produced for a commercial purpose,
provide in the report or document a statement, prominently displayed and
in bold type, which reads substantially as follows:
The results of this assay were based solely upon the content of the
sample submitted. Any decision to invest should be made only after the
potential investment value of the claim or deposit has been determined
based on the results of assays of multiple samples of geologic materials
collected by the prospective investor or by a qualified person selected
by him and based on an evaluation of all engineering data which is
available concerning any proposed project.
2. Any person or firm who knowingly violates the provisions of
subsection 1 is:
(a) For the first violation, guilty of a misdemeanor.
(b) For a second or subsequent violation, guilty of a gross
misdemeanor.
3. The right to enforce the provisions of this section vests
exclusively in the Attorney General.
4. The provisions of this section do not apply to a person who is
required to file an annual statement or list pursuant to the provisions
of NRS 362.110 .
5. As used in this section, “business of assaying” means a
business that determines the elemental composition of samples of geologic
materials for a fee or other valuable consideration.
(Added to NRS by 1995, 895)
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