Page images


wife and niinor

wife deemed

Debts of wife.

Debts of husband.


including the exercise of discretion, by the court below.

Lake v. Bender, 18 Vev. 361. Farnings of

511. Sec. 13. The earnings of the wife are not liable for

the debts of the husband. Earnings of 512. Sec. 14. The earnings and accumulations of the wife

and of her minor children, living with her, or in her custody, children, etc. while she is living separate from her husband, are the separate

property of the wife. Earnings of 513. Sec. 15. When the husband has allowed the wife to gifi, when. appropriate to her own use her earnings, the same, with the

issues and profits thereof, is deemed a gift from him to her, and is, with such issues and profits, her separate property.

514. Sec. 16. The separate property of the husband is not liable for the debts of the wife, contracted before the marriage.

515. Sec. 17. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage.

516. Sec. 18. Except as mentioned in the next section, property. neither husband nor wife has any interest in the property of the


517 Sec. 19. Either husband or wife may enter into any contract, engagement, or transaction with the other, or with any other person, respecting property, which either might enter into if unmarried, subject in any contract, engagement, or · transaction between themselves, to the general rules which control the actions of persons occupying relations of confidence and trust towards each other.

Cartan, McCarthy & Co. v. David et al., 18 Nev. 310.

518. Sec. 20. A husband and wife cannot by any contract separation. with each other alter their legal relations except as to property,

and except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation.

519. Sec. 21. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.

320. SEC. 22. If the husband neglects to make adequate furnisbed wife, hus. provision for the support of his wife, any other person may, in band bound good faith, supply her with articles necessary for her support,

bei ween
busband and
wife, etc.

Contract of

Consideration of.

and recover the reasonable value thereof from the husband.



sue and be



523. SEC. 25. When the wife is living separate and apart wife may from her husband she may sue and be sued alone.

524. Sec. 26. The property rights of husband and wife Property are governed by this Act, unless there is a marriage contract rights, etc. or settlement containing stipulations contrary thereto.

523. Sec. 27. All marriage contracts or settlements Marriage must be in writing, and executed and acknowledged or proved in like minner as a conveyance of land is required to be executed and acknowledged or proved.

526. Sec. 28. When such marriage contract or settle- Marriage ment is acknowledged or proved it must be recorded in the contrac to be office of the Recorder, of every county in which any real estate may be situated which is conveyed or affected by such contract.

527. Sec. 29. When such marriage contract or settlement Record of is deposited in the Recorder's office for record it shall, as to all contract. property affected thereby in the county where the same is deposited, impart full notice to all persons of the contents thereof.

528. Sec. 30. No such marriage contract or settlement Contract not shall be valid as to any real estate, or affect the same, except as

valid, wben. between the parties thereto, until it shall be deposited for record with the Recorder of the county in which such real estate is situate.

329. Sec. 31. A minor, capable of contracting marriage, Marriage may make a valid marriage contract or settlement.

330. Sec. 32. No estate in the real property a married acknowledg. woman possesses is affected by any conveyance or other instru-men, of wife ment, except a will purporting to be executed or acknowledged real.y. by her, unless the same be ac snowledged by her in the manner that conveyances by married women are required to be acknowledged.

331. Sec. 33. A power of attorney of a married woman, Power of authorizing the execution of an instrument conveying or affect- atorney. ing her real property, shall be ac.inowledged is above mentioned.

532. Sec. 34. A conveyance or other instrument affecting Acknowledg. or relating to real estate, except a will made by a married woman, has no validity until acknowledged as above provided; but when so acknowledged has the same effect as if she were unmarried.

coairaci of

[ocr errors]

533. Sec. 35. An Act entitled “An Act defining the rights acts repealed of husband and wife," approved March seventh, eighteen hundred and sixty-five, and all other Acts and parts of Acts in con.

nieni, eflect of.

An Act to authorize married women to transact business in their

oun names as sole traders.

Approved February 6, 1867, 19.

Right to 1184 business.





534. Section 1. Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations pre

scribed in this Act. Applicants to 535. SEC. 2. Any married woman residing within this

state, desirous to avail herself of the benefit of this Act, shall give notice thereof, by advertising in some public newspaper published in the county in which she has resided, for four successive weeks preceding such application; prorided, if no newspaper be published in said county, said publication shall be made by posting advertisements in three of the most public places in suid county, four weeks prior to the day of application. Such notice shall set forth that it is her intention to make application to the district court of said county, on the day therein named, for an order of said court permitting her to carry on business in her own name and on her own account ; and it shall specially set forth the nature of the business to be

carried on. Hearing of

On the day named in the notice, or at such future application. time as the court may appoint, on filing proof of publication,

the court shall proceed to examine the applicant, on outh, as to the reasons which induce her to make the application ; and if it appear to the court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name and on her own account, the business, trade, profession, or art named in the notice ; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him froni collecting his debt, or will occasion such result; and if it shall so appear to the court, the application shall be denied. On the hearing, witnesses may be examined on behalf of either party. Before making the order, the court or Judge shall administer to the applicant the following oath :

“I, A. B., do, in the presence of Almighty God, truly and solemnly swear, that this application is made in good faith, for the purpose of enabling me to support myself and my children (if the applicant have minor children), and not with any view to defraud, delay, or hinder any creditor or creditors of my husband; and that of the money's so to be used in said business, not more than five hundred dollars has come, either directly or indirectly, from my husband. So help me God.”

A certified copy of such order, with the said oath indorsed thereon, shall be recorded in the office of the Recorder of the


to be recorded.

county where the business is to be carried on, in a book to be kept for such purpose.

536. Sec. 3. After the order has been duly made and copy of order recorded, as provided in the second section of this Act, the person therein named shall be entitled to carry on such business in her own name, and the property revenues, moneys, and credits, so invested, shall belong exclusively to such married woman, and shall not be liable for any debts of her husband; and said married woman shall be allowed all the privileges, and be liable to all legal process, now or hereafter

Rights and provided by law, against debtors and creditors, and may sue liabilities of and be sued alone, without being joined with her husband. sole traders. But nothing contained in this Act shall be deemed to authorize a married woman to carry on business in her own name when the same is managed or superintended by her husband.

537. Sec. 4. Any married wonian availing herself of the benefit of this Act, shall be responsible for the maintenance of of children. her children.

338. Sec. 5. The husband of the wife availing herself of Husband not the benefit of this Act shall not be responsible for any debts responsible contracted by her in the course of the said business, without the special consent of her husband, given in writing ; nor shall his separate property be taken on execution for any debts contracted by her.

Warren v. Quill et al., 8 Nev. 218; Beckman v. Stanley, 8


Vev. 257.

An Act to exempt the homestead and other property from forced sale

in certain cases.

Approved March 6, 1865, 225.

339. Section 1. The homestead, consisting of a quantity of Homesteads land, together with the dwelling-house thereon and its appur-from tenances, not exceeding in value five thousand dollars, to be execution. selected by the husband and wife, or either of them, or other Amount head of a family, shall not be subject to forced sale on execution, or any final process from any court, for any debt or liability contracted or incurred after November thirteenth, in the year of our Lord one thousand eight hundred and sixty-one, except process to enforce the payment of the purchase money for such Except premises, or for improvements made thereon, or for legul taxes imposed thereon, or for the payment of any mortgage thereon, Mortgages. executed and given by both husband and wife, when that relation exists. Said selection shall be made by either the husband Selection of or wife, or both of them, or other head of a family, declaring their intention in writing to claim the same as a homestead. Said declaration shall state when made by a married person or declaration.


purchase inoney.


Contents of



Right to cease.


persons that they or either of them are married, or if not married, that he or she is the head of a family, and they or either of them, as the case may be, are, at the time of making such declaration, residing with their family, or with the person or persons under their care and maintenance on the premises, particularly describing suid premises, and that it is their intention to use and claim the same as a homestead, which declara

tion shall be signed by the party or parties maling the same, Acknowledg. and acknowledged and recorded as conveyances affecting real

estate are required to be acknowledged and recorded ; and from and after the filing for record of said declaration, the hus

band and wife shall be deemed to hold said homestead as joint Held as joint tenants; provided, that if the property declared upon as a home

stead be the separate property of either spouse, both must join

in the execution and acknowledgment of the declaration ; and Separate if such property shall retain its character of separate property Prope.ty.

until the death of one or the other of such spouses, then and in thut event the homestead right shall cease in and upon said property, and the same belong to the party (or his or her heirs) to whom it belonged when filed upon as a homestead ; anil, provided further, that tenants in common muy declare for homestead rights upon their respective estates in land, and the improvements thereon; and hold and enjoy homestead rights and privileges therein, subject to the rights of their co-tenants, to enforce partition of such common property as in other cases of tenants in common.-As amended, Stals. 1879, 140.

Smith et al. v, Shrives et al., 13 Ver. 303; Lachman et al. y.

Walker, 15 Vev. 4:22; Child v. Singleton, 15 Sev. 401. Exemption 540. SEC. 2.

Sec. 2. Such exemption shall not extend to any mechanic's, laborer's, or vendor's lien lawfully obtained ; but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever ; provided, that a mortgage or alienation to secure the purchase money, or pay the purchase money, shall be valid if the signature of the wife be obtained to the same, and acknowledged by her separately and apart from her husband ; nor shall said homestead property be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, or other head of a family, and recorded in the same office and in the same inanner as the declaration of claim to the same is required to be recorded, and the ac. nowledgment of the wife to such declaration of abandonment shall be taken separately and apart from her husband ; provided, that if the wife be not a resident of this state, her signature and the acknowledgment thereof shall not be necessiry to the validity of any mortgage or alienation of said homestead before it becomes the homestead

of the debtor. Appraise.

341. Sec. 3. Whenever execution has been issued against valve exceeds the property of a party claiming suid property as a homestead, five thousand dollars.

and the creditor in such judgment shall malie oath before the

noi io exiend



niet when

« PreviousContinue »