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defendants to , be notified.
492. Sec. 23. If the defendant is not a resident of the Non-resident territory, or cannot, for any cause, be personally summoned, the court, or Judge, in vacation, may order notice of the pendency of the suit to be given in such manner, and during such time, as shall appear most likely to convey a knowledge thereof to the defendant, without undue expense or delay; and if no such order be made, it shall be sufficient to publish such notice in a weekly newspaper, printed in, or nearest to, the county in which the suit is pending, three months in succession ; and if the defendant fail to appear, and make defense, at the first term after such notice, or after thirty days' personal service of summons, the evidence may be heard, and the cause decided, at that term; or compulsory process may be had to obtain an appearance, or answer, if it be necessary to the disposition of property, or of children.
493. Sec. 21. The court, in granting a divorce, shall make Disposition such disposition of, and provision for, the children, as shall of children appear most expedient under all the circumstances, and most for parents. the present comfort and future well-being of such children; and when, at the commencement, or during the pendency, of the suit, it shall be made to šppear to the court, or to the Judge, in vacation, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its. mother, or other female, has been or is likely to be, taken or detained from her, or that any child of either party, has been, or is likely to be taken, or removed, by, or at the instance of, the other party, out of the county, or concealed within the same, it shall be the duty of the court, or of such Judge in vacation, forth with to order such child to be produced before him, and then to make such disposition of the same, during the pendency of the suit, as shall appear most advantageous to such child, and most likely to secure to it the benefit of the final order to be made in its behalf; and all such orders may be enforced, and made effectual, by attachment, commitment, and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case; provided, the court, upon good cause shown, may change the custody of such minor children, if they should be satisfied that such change will be for the welfare of such children. 494. Sec. 25. In granting at divorce, the court shall also
Disposition make such disposition of the property of the parties, as shall of property appear just and equitable, having regard to the respective merits of children. of the parties, and to the condition in which they will be left by such divorce and to the party through whom the property was
it shall be made to appear probable to the court or the Judge, in vacation, that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.
Wuest v. Wuest, 17 Nev.217; Lake v. Bender, adm'r, 18 Nev, 361.
495. Sec. 26. The testimony of witnesses in suits for and pleadings.
divorce, shall be given orally in court, with the right to either party to take and use depositions, on the same terms and in the same manner as in actions at law; and the proceedings, pleadings, and practice, shall conform to those at law, as nearly as conveniently may be, but all preliminary and final orders may be in such form as will best effect the object of this Act, and produce substantial justice.
496. Sec. 27. When the marriage shall be dissolved by of property. the husband being sentenced to imprisonment, and when a
divorce shall be ordered for the cause of adultery committed by the husband, the wife shall be entitled to the same proportion of his lands and property as if he were dead; but in other cases the court may set apart such portion for her support, and the support of their children, as shall be deemed just and equitable. In any suit for divorce now pending, or which may hereafter be
commenced, the court or Judge may, in its discretion, upon pay sums to application, of which due notice shall have been given to the
husband, or his attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and the support of the children of the
parties during the pendency of such suit; and the court or Specific Judge may direct the application of specific property of the
husband to such object, and may also direct the payment to the applied. wife for such purpose of any sum or sums that may be due and
owing to the husband from any quarter, and may enforce all orders mude in this behalf, as is provided in section twenty-four of this Act.--As amended, Stats. 1865, 99.
require husband to
carry on suit.
property may be ordered
Darrenberrer v. Haupt, 10 Sev. 43; Wuest v. Wuest, 17 Yev. 217:
Lake v. Bender, adm'r, 18 Sex. 301.
Effect of divorce.
Female's name may be changed.
497. Sec. 28. Whenever an order of divorce from the bonds of matrimony is granted in this territory by the court of competent authority, such order shull fully and completely dissolve the marriage contract as to both parties ; and in all suits for a divorce brought by a female, if a divorce be granted, the court may, for just and reasonable cause, change the name of such female, and shall, in its order, decree and appoint.
498 Sec. 29. Either party, on application to the court, may be entitled, at such trial, to have the issue of fact involved in such case and presented by the pleadings, tried by a jury, in
Issue of fact,
accordance with the general rules governing the trial of civil actions in the district court.
An Act concerning judgments of divorce in the probate court of
Storey county, Stats, 1862. 8, is repealeel by Stats. 1867, 99.
Howe v. Howe, 4 Nev. 469.
An Act defining the rights of husband and wife.
Approved March 10, 1873, 193.
499. SECTION. 1. All property of the wife, owned by
Separate before marriage, and that acquired by her afterwards by gift, property of bequest, devise, or descent, with the rents, issues, and profits thereof, is her separate property; and all property of the husband, owned by him before marriage, and that acquired by separate him afterwards by gift, bequest, devise, or descent, with the property oi rents, issues, and profits thereof, is his separate property.
Clark v. Clark, 17 Yev. 124. 300. Sec. 2. All other property acquired, after marriage, Community by either husband or wife, or both, except as provided in property. sections fourteen and fifteen in this Act, is community property.
Youngworth v. Jewell, 15 Vev. 45. 301. Sec. 3. A full and complete inventory of the separate Inventory property of the wife, exclusive of money in specie, must be made recorded. out and signed by her, acknowledged or proved in the manner required for the acknowledgment of proof of a conveyance of real property by an unmarried woman, and shall be recorded, if she be a resident of this state, in the office of the Recorder of the county in which she resides ; and if there be included in such inventory any real estate lying in any other county, also in the office of the Recorder of such other county ; or, if she be not a resident of this state, then in the office of the Recorder of each county wherein any portion of the property, real or personal, is situated, located, or used ; and from time to time thereafter, a further and supplemental inventory shall be made supplemental out, signed, acknowledged, or proved and recorded in like tuveutory. manner, of all other separate property afterwards acquired by the wife, excepting money whilst in specie and unconverted, and the rents, issues, and profits of her separate property,
notice of her title to the same, except as to any real estate situate in another county ; and as to such real estate, the filing for record of the inventory thereof, in the office of the Recorder of the county wherein the same is situate, is notice of her title thereto. When the wife is not a resident of this state, the filing for record of the inventory of her separate property in the office of the Recorder of the county wherein any portion of such property, real or personal, included in the inventory is situate, located, or used, is notice of her title as to all such property situate, located, or used in such county.
503. Sec. 5. When the wife is a resident of this state, file, effect of. the failure to file for record an inventory of her separate property
in the office of the Recorder of the county in which she resides, or the omission from the inventory, filed for record in such office, of any part of such property, except as to real estate situate in another county, is prima facie evidence, as between the wife and purchasers in good faith and for a valuable consideration from the husband, that the property of which no inventory has been so filed, or which has been omitted from the inventory, is not the separate property of the wife; and as to any real estate situate in another county, the failure to file for record an inventory thereof in the office of the Recorder of the county wherein tiie sane is situate, or the omission from the inventory filed for record in such office, of any part of such real estate, is prima facie evidence, as between the wife and such purchasers as aforesaid, that such real estate of which no inventory has been so filed, or which has been omitted from the inventory, is not her separate property. When the wife is not a resident of this state, the failure to file for record an inventory of her separate property in the office of the Recorder of the county wherein any portion of such property is situate, located, or used, or the omission from the inventory filed in such office, of any part of such property, is, as to all such property situate, located, or used in that county, of which no inventory has been so filed, or which has been omitted from the inventory, prima frcie evidence, as between the wife and such purchasers as aforesaid, that the same is not her separate property.
504. Sec. 6. The husband has the entire management
and control of the community property, with the like absolute community property. power of disposition thereof, except as hereinafter provided, as
of his own separate estate.
505. Sec. 7. No estate is allowed the husband as tenant courtesy, by by courtesy, upon the death of his wife, nor is any estate in
dower allotted to the wife upon the death of her husband.
Husband to control
No estate in
of wife ihe community
upon death of
set upart for widow and
308. Sec. 10. Upon the death of the wife the entire com- l'pon death munity property belongs, without administration, to the surriving husband, except that in case the husband shall have I roperty to abandoned his wife and lived separate and apart from her with except iu case out such cause as would have entitled him to a divorce, the of aban. half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the sime manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the sume degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, goes to her other heirs at law, exclusive of her husband.
309. Sec. 11. Upon the death of the husband one-half of Community the community property goes to the surviving wife, and the proper other half is subject to the testamentury disposition of the hus-husband, how
disposed of. band, and in the absence of such disposition goes to his surviving children equally, and in the absence of both such disposition and surviving children, the entire community property belongs without administration to the surviving wife, except as hereinafter provided, subject, however, to all debts contracted by the husband during his life that were not barred by the statute of limitation at the time of his death ; provided, how- Homestead erer, that the homestead set apart by the husband and wife, or either of them, before his death, and such other property as minor beirs. may be exempt by law from execution or forced sale, shall be set apart for the use of the widow and minor heirs, and if no minor heirs, for the use of the widow. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family Property allowance and charges and expense of administration ; provided, debis of however, that if in the absence of said testamentary disposition husband. the surviving wife and children, and in the absence of such children the wife shall pay or cause to be paid all indebtedness legally due from suid estate, or secure the payment of the same
disposition, to the satisfaction of the creditors of suid estate, then and in cebis, propsuch case the said community property shall not be subject to
subject to ad. administration.--- As amended, Stals. 1881, 103 ; 1883, 10.
510. Sec. 12. In case of the dissolution of the marriage by decree of any court of competent jurisdiction, the community property must be equally divided between the parties, and the divorce. court granting the decree must make such order for the division of the community property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require; provided, that when the decree of divorce is rendered on the ground of adultery or extreme cruelty, the party found guilty thereof is only entitled to such portion of the community property as the court granting the decree may, in its discretion, from the facts in the case, deem just and allow; and such allowance shall be subject to revision on appeal in all respects,
Absence of testamentary
wife to pay