1. In all cases the defendant, prior to the institution of suit under the provisions of NRS 520.010 to 520.070, inclusive, shall be entitled to 3 weeks’ notice of the intention of such corporation or association to institute such suit, which notice may be either served personally or by publication in some newspaper published in the county within which such mining claim is located. If no newspaper is published in the county, then publication shall be made in a newspaper published in the nearest adjoining county.
2. Any number of such joint tenants, tenants in common or coparceners may be joined as parties defendant in any suit instituted under the provisions of NRS 520.010 to 520.070, inclusive, but each defendant shall be entitled to plead separately. When the cause shall be tried by jury, as many of the separate issues of fact as may be agreed upon by the parties may be determined by the same jury.
3. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be apportioned among the several parties defendant, against whom judgment may be rendered, in such manner as to the court may appear just and equitable.
[3:73:1865; B § 93; BH § 249; C § 265; RL § 2478; NCL § 4176]
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