CHAPTER XI.

ESTATES OF DECEASED PERSONS.

Claims against estates of deceased persons must be presented proved and allowed within ten months after the first publication of administrator's or executor's notice to creditors, excepting claims of persons who are non-residents of the State, who have not had actual notice; they may present their claims at any time before distribution of estate. But when the value of the estate does not exceed $2000, the Court may shorten the time for creditors to file their claims, and if the value of the estate does not exceed $500, the Court may order it assigned to the widow and children. Claims may be verified by residents before any officer authorized to administer oaths within the State. An affidavit taken before a Justice of the Peace of any other county in the State except the one where the administrator or executor reside, must, to entitle it to be used or filed, contain a certificate of the Clerk of the county where such Justice resides, reciting the facts that said Justice is duly commissioned and acting as such Justice of the Peace; that the signature of such Justice is genuine, and that full faith and credit are due to all his official acts.

Affidavits to correctness of accounts and claims, when made out of the State of Nevada, must, to insure their reception, be verified before some Judge of a Court having a seal, under the seal thereof; or a Commissioner of Deeds, duly commissioned and qualified, of the State of Nevada; or before a Notary Public, whose official character is duly certified to by the Secretary of State or Territory in which he and the party making proof reside.

Time in which the estate must be settled not limited by statute; it is subject to the order of the Court.

District Courts have sole jurisdiction of all original proceedings in probate matters.

CHAPTER XII.

HOMESTEADS.

The homestead of a judgment debtor, consisting of a quantity of land, together with the dwelling-house thereon, and its appurtenances, not exceeding in value five thousand dollars, to be selected by husband and wife, or either of them, or other head of the family, is exempt from forced sale on execution or other process from any Court.

Homesteads are declared as follows:

The selection to be made by either the husband or wife, or both of them, or other head of a family, declaring their intention in writing to claim the same as a homestead. The same

to be duly acknowledged and recorded as conveyances affecting real estate.

Declarations of intention to claim and hold a homestead may be made at any time prior to sale, on execution or other process, excepting on sale of premises on foreclosure of mortgage upon the premises executed by husband and wife; or where the judgment is for the purchase price of the property claimed as a homestead. This exemption does not extend to any mechanic's, laborer's, or vendor's lien upon the premises.

The homestead may be abandoned by a declaration in writing, signed and acknowledged by husband and wife, and recorded in the office of the County Recorder, in the same manner as the declaration to claim the same is required to be acknowledged and recorded. On the death of husband or wife, the homestead and other property exempt from sale on execution is required to be set apart by the Court, for the benefit of the surviving husband or wife, and his or her legitimate children.

In cases where homestead property is appraised at a sum exceeding five thousand dollars, the same may be sold, and the sum realized on sale in excess of five thousand dollars and costs pass to judgment creditor.

CHAPTER XIII.

OF WITNESSES AND DEPOSITIONS.

Parties to the action are not excluded from being witnesses upon the ground of interest, except:

1. That no party to an action or proceeding is allowed to testify therein, when the opposite party is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person.

2. Persons convicted of felony, unless pardoned, or the judgment is reversed on appeal, cannot be witnesses.

3. Attorneys or counselors cannot, except by consent of their client, be examined as to any confidential communications made to them in the course of their professional employment, and the like rule applies to physicians, surgeons, clergymen or priests, with respect to confidential communications made to them in their professional capacity.

4.

Husband or wife cannot be witnesses for or against each other without the consent of each other, except in actions brought by one against the other.

5. Public officers cannot be examined as witnesses in reference to communications made to them in official confidence, when the public interest would, by such disclosure, be injured. 6. Laws relative to the attestation of instruments required to be attested are reserved from the operation of the statute allowing parties in interest to testify.

Negroes can testify in all cases where whites are permitted to act as witnesses.

The testimony of a witness in this State may be taken in an action at any time after the service of the summons, or the appearance of the defendant; and in a special proceeding, after a question of fact has arisen therein, in the following cases:

1. When the witness is a party to the action or proceeding, or a person for whose immediate benefit the action or proceeding is prosecuted or defended.

2. When the witness resides out of the county in which his testimony is to be used.

3. When the witness is about to leave the county where the action is to be tried, and will probably continue absent when the testimony is required.

4. When the witness, otherwise liable to attend the trial, is, nevertheless, too infirm to attend; or resides within the county, but more than fifty miles from the place of trial.

The deposition may be taken before any Judge or Clerk of a Court, or any Justice of the Peace, or Notary Public in this State, on serving upon the adverse party previous notice of the time and place of the examination, together with a copy of an affidavit showing that the case is one mentioned as above stated. Such notice shall be at least five days, and in addition one day for every twenty-five miles of the distance of the place of examination from the residence of the person upon whom notice is served, unless, for cause shown, a Judge, by order, prescribe a shorter time. Either party may attend such examination, and put such questions, direct and cross, as may be proper.

The deposition, when completed and corrected, shall be signed by the witness, and sealed and directed to the Clerk of the Court in which the action is pending, or to such person as the parties, in writing, may agree upon, and either delivered by the officer taking the same to the Clerk, or such person, or transmitted through the mail, or by some safe private opportunity; and such deposition may be used by either party upon the trial against any party giving or receiving such notice, subject to all legal objections. If the parties attend at the examination, no objection to the form of an interrogatory shall be made at the trial, unless the same was stated at the time of the examination.

If the deposition to be taken be by the reason of the absence or intended absence from the county of the witness, or because he is too infirm to attend, proof, by affidavit or oral testimony, shall be made at the trial that the witness continues absent or infirm, to the best of deponent's knowledge or belief.

Depositions thus taken may be also read in case of the death of the witness.

When a deposition has been once taken, it may be read in any stage of the same action or proceeding by either party, and shall then be deemed the evidence of the party reading it.

Depositions taken out of the State.

The testimony of a witness out of the State may be taken by deposition in an action at any time after the service of the summons, or the appearance of the defendant; and in a special proceeding, at any time after a question of fact has arisen therein.

The deposition of a witness out of the State shall be taken upon commission issued from the Court, under the seal of the Court, upon an order of the Judge or Court, on the application of either party, upon five days' previous notice to the other. It shall be issued to a person agreed upon by the parties, or if they do not agree, to any Judge or Justice of the Peace selected by the officer granting the commission, or to a Commissioner appointed by the Governor of this State to take affidavits and depositions in other States or Territories.

Such proper interrogatories, direct and cross, as the respective parties may prepare to be settled, if the parties disagree as to their form, by the Judge or officer granting the order for the commission, at a day fixed in the order, or at the time of granting the order for commission, may be annexed to the commission; or, when the parties agree to that mode, the examination may be without written interrogatories.

The commission shall authorize the Commissioner to administer an oath to the witness, and to take his deposition in answer to the interrogatories, or when the examination is to be without interrogatories in respect to the questions in dispute, and to certify the deposition to the Court, in a sealed envelope, directed to the Clerk or other person designated or agreed upon, and forward to him by mail or other usual channel of convey

ance.