1004. Fee, and application of. SEC. 6. Before any commission shall be delivered to any appointee under the provisions of this act, a fee of ten dollars on such commission, exclusive of other legal charges thereon, shall be paid therefor to the said secretary of state, and shall be accounted for by him and paid into the "library fund" of this state, to be appropriated to the purchase of books therefor, in such manner as is or may be provided by law. COMPILATION OF LAWS An Act to provide for revising, compiling, annotating and publishing the laws of the State of Nevada, and the compiling, annotating and publishing therewith certain laws of the United States of particular interest to the State of Nevada, and other matters properly connected therewith, and making appropriation therefor. 1005. Supreme court to compile. Became a law March 31, 1909, 330 1006. What compilation to include. 1007. Briefly annotated. 1008. Index. 1009. Method of revision. 1010. To be completed, when. 1005. Supreme court to compile. 1011. Assistant employed. 1012. Compensation for services. 1014. Duties of state printer. 1015. Distribution of bound copies. 1016. Compilation legal evidence of law. SECTION 1. The justices of the supreme court of the State of Nevada shall constitute a commission to revise, compile, annotate and index the laws of the State of Nevada, and certain laws of the United States hereinafter designated. 1006. What compilation to include. SEC. 2. The said justices shall on or before the first day of January, 1911, prepare a compilation and annotation of all the laws of the State of Nevada as the same shall exist and be in force at said time, including the state constitution and also the constitution of the United States, and the laws of Congress relating to naturalization, grants of land by the United States to the State of Nevada, the location and patenting of mineral lands of the United States, the election of United States senators, the authentication of records, and such other acts of Congress as said commission may deem of direct interest to the State of Nevada and advantageous to publish in such compilation. 1007. Briefly annotated. SEC. 3. Each section of said compilation shall have such marginal notes or headings as shall briefly indicate the subject-matter of the section, and shall be followed by brief annotations or references to all the decisions of the supreme court of this state, construing or having a bearing upon such section, and also a reference to such other decisions, statutes or publications as such justices shall deem advantageous. The compilation shall also contain a full and comprehensive table of contents. 1008. Index. SEC. 4. They shall also prepare a thorough and complete index of said compilation, which index shall fully cover the subject-matter treated in each section, together with such cross references as will make the same thoroughly comprehensive. 1009. Method of revision. SEC. 5. In the preparation of such compilation, the said justices of the supreme court shall, so far as practicable, make a revision of the laws of this state as follows: All acts that are manifestly unconstitutional shall not be included in such compilation, but in cases where they deem an act unconstitutional they shall call the attention of the next session of the legislature to the same and make recommendations in reference thereto; they shall also suggest to the next session of the legislature such amendments or additions to the existing law as in their judgment will be an improvement to the same; they shall, so far as they shall deem expedient, provide for including in the fewest number of acts all laws in reference to the same general subject-matter, so that when the compilation is finally published as hereinafter provided for, the laws of this state, so far as possible, shall be harmonious, and the several statutes relating to any particular subject shall, so far as practicable, be embodied in one act. Such comprehensive acts as now exist, like the civil practice act, the criminal practice act, and the like, shall be carefully examined and amendments, or additions thereto, suggested to the next session of the legislature. The suggestions of amendments or additions to the existing law, as said justices shall deem advisable, shall be in the form of prepared bills to be submitted for the consideration of the next session of the legislature. 1010. To be completed, when. SEC. 6. On or before the first day of September, 1911, the entire work of compiling, annotating and indexing the laws of this state, as they shall exist and be in force on the first day of January, 1912, and subsequent to the adjournment of the twenty-fifth session of the legislature, shall be completed and certified to by the said justices of the supreme court as such commissioners and deposited with the secretary of state; provided, that the justices of the supreme court, as such commissioners, may approve and certify such work in parts so as to enable the superintendent of state printing to commence the printing thereof at the earliest practicable date. As amended, Stats. 1911, 139. 1011. Assistant employed. SEC. 7. The said justices are authorized to employ an assistant, who shall be skilled in the work of compiling statutes, and who shall receive a compensation while so employed, of not exceeding three hundred dollars per month. 1012. Compensation for services. SEC. 8. The said justices shall each receive for the services rendered as herein provided the following compensation: Upon the first days of July, October, January, and April the said justices shall each receive a quarterly salary of five hundred dollars, the last quarterly payment of five hundred dollars each to be paid on the first day of January, 1911, and thereafter no further payments on account of such services shall be paid to said justices. The state controller is hereby authorized and directed to draw his warrants in favor of said justices respectively for the several quarterly payments herein provided for, and the state treasurer shall pay the same. The said state controller and state treasurer shall respectively draw and pay warrants in favor of such assistant as is herein authorized to be employed by said justices. 1013. State officers to afford aid. SEC. 9. The secretary of state and all other state officers shall afford to said justices all reasonable information, aid, means and facilities for the purpose of enabling them to prosecute and complete the work aforesaid with all reasonable despatch. 1014. Duties of state printer. SEC. 10. Upon receiving such compilation, the state printer shall at once, in as expeditious and economical manner as practical, proceed to print, in good style, and to the approval of said justices, upon good book paper, three thousand copies of said compilation, and the secretary of state, subject to the approval of said justices shall have two thousand copies thereof bound in a good and workmanlike manner in law sheep or buckram, in either one or two volumes as the said commission may direct. 1015. Distribution of bound copies. SEC. 11. The secretary of state shall deliver one bound copy to each of the persons, libraries, and associations now entitled to receive the laws of the State of Nevada, as published biennially, said copies to be delivered subject to the rules and restrictions now governing the distribution of the statutes of this state. He shall deliver ten copies to the state librarian for the use of the state, and the remainder of the said bound volumes he shall sell as they may be called for at not less than eight dollars per volume, if bound in one volume, or at not less than twelve dollars per set, if bound in two volumes, and he shall pay all moneys received from such sales into the state treasury. The remaining unbound sheets shall be bound in lots of not less than one hundred copies as they may be required. 1016. Compilation legal evidence of law. SEC. 12. Upon the delivery of said compilation, ready for printing, to the secretary of state, he shall duly certify the same under the great seal of the State of Nevada, and deliver the same to the state printer for printing and when printed and distributed, the said compilation, as printed, shall be legal evidence of the law therein contained in all the courts of this state, but shall not preclude reference to, or control in case of any difference the force or effect of any original act as passed by the legislature of this state. CONVEYANCES Act concerning conveyances, sections 1017–1092. Supplementary act concerning conveyances, sections 1093–1094. Omission of word "seal," section 1095. Conveyances executed without the state, sections 1096-1097. Preserving evidence of officials taking acknowledgments, sections 1098-1099. Conveyance of mining locations by minors, sections 1103-1104. 1039. Record to be notice to whom. 1040. When not recorded, void as against whom. 1041. Powers of attorney. 1042. Revocation of power. 1043. Evidence of conveyance. 1044. Record, evidence of, when lost. 1045. Evidence may be rebutted. 1046. Proof by other evidence. 1047. Subsequent title passes to grantee. 1048. Adverse possession does not prevent sale. 1049. Mortgages and liens, how discharged. 1050. Discharge. 1051. Discharge to be recorded. 1052. Penalty for failure to discharge. 1056. Estate in fee simple presumed. 1059. Estate tail, posthumous child. 1060. Attornments not necessary. 1061. Attornment, when void. 1062. Warrantees abolished. 1063. Import of "grant, bargain and sell.” 1064. Fraudulent conveyances, when void. 1065. When fraudulent. 1066. Power of revocation at will. 1067. Revocation and reconveyance. 1017. Conveyance by deed. SECTION 1. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved, and recorded, as hereinafter directed. A deed of conveyance, executed and delivered, carries the absolute title to the grantee. When the purchaser of real property agrees with the vendor to pay certain incumbrances upon it, as a part of the consideration of the conveyance, the person holding such incumbrance, or the person to whom such payment is to be made, may maintain an action upon such promise. Ruhling v. Hackett, 1 Nev. 360. Parties usually describe what is intended to be conveyed in the granting clause of the deed. Courts should not interpret deeds so as to carry more than is mentioned in that clause, unless the intent to carry more is clearly shown in other portions of the deed. McCurdy v. Alpha M. Co., 3 Nev. 27. Cited, Sargent v. Collins, 3 Nev. 285. If the recitals of a sheriff's deed are sufficient to show he is acting in his official character and by due authority of law, it becomes a good deed on being signed and delivered, without reference to acknowledgment. In re Smith, 4 Nev. 254 (97 A. D. 531). Act cited generally. Sargent v. Collins, 3 Nev. 285. A deed made prior to enactment of this act, but acknowledged as provided therein, is admissible in evidence. Sharon v. Davidson, 4 Nev. 416, 420. Cited, Ford v. Hoover, 5 Nev. 146. A person entering upon a tract of land under a deed with definite boundaries, is presumed by the mere act of entry so made to intend to claim the entire tract. Sharon v. Minnock, 6 Nev. 377. A deed absolute on its face may be shown to be a mortgage. Parol evidence for such purpose is not evidence contradicting the instrument, but evidence to create an equity superior to the deed. The proof should be clear, satisfactory and convincing. Bingham v. Thompson, 4 Nev. 224; Saunders v. Stewart, 7 Nev. 200; Pierce v. Traver, 13 Nev. 526. Rules of construction, to determine what was conveyed by certain deeds, applied. Fogus v. Ward, 10 Nev. 209; Langworthy v Coleman, 18 Nev. 440. A conveyance of land to Thomas Barnett & Bros. vests the legal title in Thomas Barnett alone, and a conveyance from him will give to his grantees a good and valid title. Barnett v. Lachman, 12 Nev. 361. It is essential that the certificate should show the fact of the acknowledgment and the identity of the person. The law does not require that the exact form of the certificate shall be followed. A substantial compliance therewith is sufficient. Omission of word "be" in acknowledg ment held to be a clerical error that should be disregarded. Johnson v. Badger M. Co.,. 13 Nev. 351, 353. Description of tract of land by name held sufficient. Paroni v. Ellison, 14 Nev. 60. A quit-claim deed conveys whatever interest the grantor has in the property at the time the conveyance is made. Harden v. Cullins, 8 Nev. 49; Brophy M. Co. v. Brophy & D. G. & S. M. Co., 15 Nev. 101. S. held a deed of mining ground as a mortgage to secure an existing indebtedness; he conveyed the premises to P., and after two or more transfers of the title, the property was redeeded to S.: Held, that when the title returned to S., the same equities attached to it in his hands as existed at the time he made the conveyance to P. Brophy M. Co. v. B. & D. G. & S. M. Co., 15 Nev. 101. 1018. By married woman. Parol evidence is admissible to ascertain the identification of property described in a conveyance. Brown v. Warren, 16 Nev. 229. A conveyance by the owner of an alley and adjoining lots of part of them, describing them as fronting on a certain street, and running back to said alley, carries title to the middle of the alley, with an easement of way over the other half. Lindsay v. Jones, 21 Nev. 72 (25 P. 297). An absolute deed for the purpose of securing money due to third persons, together with a written acknowledgment by the grantee that he holds it for that purpose, is a mortgage. First Nat. Bank v. Kreig, 21 Nev. 404 (32 P. 641). SEC. 2. A conveyance by a married woman has the same effect as if she were unmarried and may be acknowledged in the same manner. As amended, Stats. 1909, 270. 1019. Acknowledgment. SEC. 3. Every conveyance in writing whereby any real estate is conveyed or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided. 1020. Acknowledgments, by whom made. SEC. 4. The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers: First-If acknowledged or proved within this state, by some judge or clerk of a court having a seal, or some notary public or justice of the peace; provided, when the acknowledgment is taken before a justice of the peace in any other county than that in which the real estate is situated, the same shall be accompanied with the certificate of the clerk of the district court of such county, as to the official character of the justice taking the proof or acknowledgment, and the authenticity of his signature. Second-If acknowledged or proved without this state, and within the United States, by some judge or clerk of any court of the United States, or of any state or territory having a seal, or by any commissioner appointed by the government of this state for that purpose, or by a justice of the peace of any county in any state or territory in the United States, accompanied with the certificate of the clerk of a court of record of the county having a seal, as to the official character of the justice and the authenticity of his signature. Third-If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom, or empire having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein. As amended, Stats. 1867, 103. See, also, sec. 1096; commissioner of deeds, secs. 1000–1004. The act of 1867, p. 103, did not take away from county recorders the powers to make acknowledgments. State, ex rel. Ford v. Harris, 5 Nev. 141-147. A certificate of the vice-consul-general of the United States at London, under his official seal is prima facie evidence of the execution of a deed. Evans v. Lee, 11 Nev. 194, 197. 1021. Prior valid records remain valid. (SEC. 2.) All acknowledgments or proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged, or proven, and certified, or which may have been certified in the manner hereinabove provided, the record thereof now or hereafter made shall be valid and of like |