Statutes of the State of Nevada Passed at the ... Session of the Legislature

SECTION 1. For the purpose of paying the mileage and Legislative the per diem of members of the present legislature, the tion, $60,000 salaries of the attachés, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand dollars ($60,000), which shall constitute the legislative fund.

controller

treasurer

SEC. 2. The state controller is hereby authorized and Duties of required to draw his warrants on said fund in favor of the and members and attachés of the senate and assembly, for per diem, mileage, stationery allowance, compensation, and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same. SEC. 3. All moneys remaining in said fund, at the adjourn- Residue to ment of the legislature, shall revert to the general fund.

revert

[Senate Bill No. 2-Senator Hesson]

CHAP. 2—An Act to authorize the district attorney of Elko County, Nevada, to employ an office stenographer, fixing the compensation of said stenographer, and providing for the payment of the same.

[Approved February 5, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. From and after the passage and approval of this act, the district attorney of Elko County, Nevada, shall

Stenographer for

district attorney

and is hereby authorized to employ a stenographer for his Elko County office at a salary not to exceed twelve hundred ($1,200) dollars per annum. Said salary to be paid by Elko County, Nevada, in monthly installments of not to exceed one hundred ($100) dollars per month, and at the same time and in the same manner that the salaries of the other county officers are paid.

Salary

Estates of deceased

persons

Executors

be sued

[Assembly Bill No. 13—Mr. Henderson]

CHAP. 3-An Act to amend an act entitled "An act to regulate the settlement of the estates of deceased persons," approved March 23, 1897.

[Approved February 7, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 165 of the above-entitled act, being section 6022 of the Revised Laws of Nevada, is hereby amended so as to read as follows:

Section 165. Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet may sue and title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.

Amending divorce law

[Senate Bill No. 4-Senator Scott]

CHAP. 4-An Act to amend section 22 of an act entitled "An act relating to marriage and divorce," approved November 28, 1861, as said section has heretofore been amended, and particularly as amended by acts approved February 15, 1875, February 20, 1913, and February 23, 1915.

[Approved February 8, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

Section 22 of the said act is hereby amended so as to read as follows:

Section 22. Divorce from the bonds of matrimony may be obtained by complaint under oath to the district court of the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the Six months county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes:

residence

First-Impotency at the time of the marriage continuing Causes for to the time of the divorce.

Second-Adultery, since the marriage, remaining unfor

given.

Third-Wilful desertion, at any time, of either party by the other, for the period of one year.

Fourth-Conviction of felony or infamous crime.

Fifth-Habitual gross drunkenness, contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.

Sixth-Extreme cruelty in either party.

Seventh-Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.

divorce

as to six

residence

Provided, that unless the cause of action shall have accrued Provision within the county while plaintiff and defendant were actually months domiciled therein, no court shall have jurisdiction to grant a divorce unless either the plaintiff or the defendant shall have been a resident of the state for a period of not less than six months next preceding the commencement of the action. SEC. 2. All acts or parts of acts in conflict with this act Repeal are hereby repealed.

[Assembly Bill No. 16-Mr. Lockhart]

CHAP. 5-An Act to amend sections 129 and 130 of an act entitled "An act to regulate the settlement of the estates of deceased persons," approved March 23, 1897, and being sections 5985 and 5986 of the Revised Laws of Nevada, 1912.

[Approved February 10, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 129 of the above-entitled act, and Estates of being section 5985 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

deceased persons

may sell

Section 129. When a sale of property of the estate is when necessary to pay the allowance of the family, or the debts executor outstanding against the decedent, or the debts, expenses, or property charges of administration, or legacies; or when it appears to the satisfaction of the court that it is for the advantage, benefit, and best interests of the estate, and those interested therein, that the real estate, or some part thereof, be sold, the executor or administrator may sell any real as well as personal property of the estate, upon the order of the court; and an application for the sale of real property may also embrace the sale of personal property.

SEC. 2. Section 130 of the above-entitled act, and being

Order for sale, how obtained

section 5986 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

Section 130. To obtain such order for the sale of real property, he must present a verified petition to the district. court, or a judge thereof, setting forth the amount of personal estate that has come to his hands, and how much thereof, if any, remains undisposed of; the debts outstanding against the decedent, as far as can be ascertained or estimated; the amount due upon the family allowance, or that will be due after the same has been in force for one year; the sum, if any, due for last sickness and funeral of deceased; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during administration; a general description of all the real property of which the decedent died seized, or in which he had any interest, or in which the estate has acquired any interest, and the condition and value thereof, and whether the same be community or separate property; the names of the legatees and devisees, if any, and the heirs of the deceased, so far as known to the petitioner; and if said order for sale of real estate is petitioned for on the ground that it is for the advantage, benefit, and best interests of the estate, and those interested therein, that a sale be made, the petition, in addition to the foregoing facts, must set forth in what way an advantage or benefit would accrue to the estate, and those interested therein, by such sale,

If any of the matters herein enumerated cannot be Subsequent ascertained, it must be so stated in the petition; but a failure proceedings to set forth facts hereinbefore enumerated will not invalidate invalidated the subsequent proceedings, if the defects be supplied by the

not

proofs at the hearing and the general facts showing that such sale is necessary, or that such sale is for the advantage, benefit, and best interests of the estate, and those interested therein, be stated in the decree.

Amending

[Assembly Bill No. 18-Mr. Heward]

CHAP. 6-An Act to amend section 223 of an act entitled "An
act to regulate proceedings in civil cases in this state,
and to repeal all other acts in relation thereto," approved
March 17, 1911. [Approved February 10, 1921]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 223 of an act entitled "An act to regulate proceedings in civil cases in this state and to repeal civil practice all other acts in relation thereto," approved March 17, 1911, is hereby amended so as to read as follows:

act

« Previous Continue »

Books