property is left, to be held by him for the period of six months for the benefit of the owner thereof, at which time, if the same be not paid to the owner, or some person legally entitled to the same, it shall be transferred to the school fund of the county. 2153. Sales, how made. SEC. 3. All sales made under the preceding sections of this act shall be made by a licensed auctioneer, or by some constable of the township in which such baggage or property may be left; provided, that no sale shall be valid unless a notice of such sale shall be posted up in three public places in such township for the period of twenty days immediately preceding the day of sale, giving a particular description of the property to be sold, the time and place of such sale, the name of the hotel or lodging-house at which such baggage or property may be left, the names of the owner or owners of such baggage or property, when known, and signed by such auctioneer or constable. 2154. Baggage heretofore left may be sold. SEC. 4. It shall be lawful for the proprietor or proprietors of any hotel or lodging-house, at which any baggage or property may have heretofore been left, to cause the same to be sold under the provisions of this act; provided, that for the purposes of such sale, such baggage or property shall be considered as left at such hotel or lodging-house at the date of the passage of this act. For sales of other unclaimed property, see secs. 530-542. HUSBAND AND WIFE Defining the rights of husband and wife, sections 2155–2189. To authorize married women to transact business as sole traders, sections 2190-2194. Conveyance by married woman has same effect as if unmarried and acknowledged in same manner, sections 1018, 1037. Conveyances by married women, sections 1036, 1037. Rights in and transfer of stock of married women same as if femme sole, sections 1131 2181. Marriage contracts to be in writingForm of. 2182. Marriage contract to be recorded. 2183. Record of contract to impart notice. 2184. Contract not valid, when. 2185. Marriage contract of minors. 2186. Acknowledgment of wife to convey realty. 2187. Wife's power of attorney, how acknowledged. 2188. Acknowledgment, effect of. 2189. Acts repealed-Saving clause. 2155. Separate property of wife-Of husband. SECTION 1. All property of the wife, owned by her before marriage, and that acquired by her afterwards by gift, 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 him afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. The rights of husband and wife to property acquired before the adoption of the constitution, and before the passage of any statute providing for the separate or common property of husband and wife, must be governed by the common law. Darrenberger v. Haupt, 10 Nev. 43, 46. The act of 1865, 239, did not operate retrospectively so as to affect the rights or interests of husband and wife to property previously acquired. Idem. Prior to the adoption of this statute property rights are governed by the common law, 2156. Community property. and all the property which was owned by the husband at the time of marriage is his separate property, and the rents, issues and profits of his separate estate do not become common property. Lake v. Bender, 18 Nev. 361 (4 P. 711). Property which is exempt from execution by statute may be transferred by the owner free from any claim of his creditors, and a gift of such property by a husband to his wife is valid and cannot be defeated by his creditors. Bailey v. Littell, 24 Nev. 294, 305 (53 P. 308). SEC. 2. All other property acquired, after marriage, by either husband or wife, or both, except as provided in sections 14 and 15 in this act, is community property. In a complaint by a husband to recover a chose in action given in the name of his wife, but belonging to the community, it is sufficient for him, to show his right of action, to allege either that he is the owner or that it is common property, and even both allegations in the same complaint will not render it demurrable. Crow v. Vansickle, 6 Nev. 146. The husband for the purpose of bringing suit upon choses in action which are common property, so far as the disposition of said property is concerned, is the sole owner, and he alone is the proper party to bring actions upon them. Idem. In a suit on a note given in the name of a wife, though in fact the common property of herself and husband, she has no such interest as to make her a necessary or proper party. Idem. In an action against husband and wife, where the wife recovered judgment for costs, but judgment was rendered against the husband for a sum in excess of the wife's judg ment, it was proper to allow plaintiff's motion to discharge the larger judgment pro tanto by the smaller, since the parties are substantially the same. Adams v. Baker, 24 Nev. 375-378 (55 P. 362). The presumption is that all property acquired during coverture belongs to the community, and the burden rests upon the per son claiming it as separate property to overcome this presumption by sufficient proof. Lake v. Bender, 18 Nev. 361, 404, 411 (4 P. 711). It is not necessary to prove that property is the product of the joint efforts of husband and wife in order that it may be declared community estate. If it is acquired after marriage by the efforts of the husband alone and not by gift, grant or devise, or by exchange of his individual property or from the rents, issues or profits of his separate estates, it belongs to the community. Idem. The profits of separate property which accrue mainly from the property rather than from the joint efforts of husband and wife, or either of them, belong to the owner of the property, although the labor and skill of one or both may have been given to the business; but if the profits come mainly from the efforts of their labor and skill, they belong to the community. Idem. Where title to land purchased with money after marriage is taken in the name of the wife, the land is "community property" under the husband's control, so that an action for injury thereto may be maintained by him alone. Malmstrom v. People's D. D. Co., 32 Nev. 246 (107 P. 98, 102). Act cited, In re Cook, 33 Nev.-(117 P. 27). 2157. Inventory of separate property of wife recorded-Supplemental inventory. SEC. 3. A full and complete inventory of the separate property of the wife, exclusive of money in specie, must be made 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 out, signed, acknowledged, or proved and recorded in like 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, included in the original or any subsequent inventory, if the same be money, so long as it shall remain in specie and unconverted. See secs. 1018, 1036, 1037. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 2158. Filing to be notice. SEC. 4. When the wife is 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 in which she resides is 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. 2159. Failure to file, effect of. SEC. 5. When the wife is 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 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 the same 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 facie evidence, as between the wife and such purchasers as aforesaid, that the same is not her separate property. 2160. Husband to control community property. SEC. 6. The husband has the entire management and control of the community property, with the like absolute power of disposition thereof, except as hereinafter provided, as of his own separate estate; provided, that no deed of conveyance, or mortgage, of a homestead as now defined by law regardless of whether a declaration thereof has been filed or not, shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same as now provided by law for the conveyance of real estate. As amended, Stats. 1897, 24. See Adams v. Baker, under secs. 2 and 13 of this act. 2161. No estate in dower or by courtesy. SEC. 7. No estate is allowed the husband as tenant by courtesy, upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband. 2162. May hold as tenants in common. SEC. 8. A husband or wife may hold real or personal property as joint tenants, tenants in common, or as community property. 2163. Wife to control her separate property. SEC. 9. The wife may, without the consent of her husband, convey, charge, incumber, or otherwise in any manner dispose of her separate property. See secs. 1018, 1036, 1037. The exception to the common-law disability of a married woman to contract or maintain a suit, in case of abandonment by her husband, does not apply except in case the abandonment is absolute and embraces a total renunciation of marital relations. Beckman v. Stanley, 8 Nev. 257. The right of married women to alienate land in this state, whether their separate estate or community property, does not depend upon the common law, but upon our statutes; so that a wife's deed or mortgage, without her husband's joining in it, though he has abandoned her for years, is inoperative and void. Idem. A married woman who holds the title to her separate property may execute a mortrage thereon in her own name. Rickards v. Hutchinson, 18 Nev. 215, 222 (2 P. 52, 4 P. 702). The assignment by a married woman of a note and mortgage upon real estate, the same being her separate property, as collateral security for the payment of her husband's debts, without any fraud or improper inducements, and with the intention of binding her separate estate, is a valid contract, and is enforcible in equity against her separate estate. Cartan v. David, 18 Nev. 325-329 (4 P. 61). Married women having been granted the right to control their separate property, must assume the risks which ordinarily follow. Having the right to make contracts respecting their separate estates, they must be held liable to the same extent as other citizens. Idem. 2164. Upon death of wife community property to go to husband except in abandonment. SEC. 10. Upon the death of the wife the entire community property belongs, without administration, to the surviving husband, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the 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 same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the same 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. 2165. Upon death of husband, how disposed of-Homestead set apartProperty subject to debts of husband. SEC. 11. Upon the death of the husband one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband, 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, however, that the homestead set apart by the husband and wife, or either of them, before his death, and such other property as 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 allowance and charges and expense of administration; provided, however, that if in the absence of said testamentary disposition 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 said estate, or secure the payment of the same to the satisfaction of the creditors of said estate, then and in such case the said community property shall not be subject to administration. As amended, Stats. 1881, 103; 1883, 16. Upon the death of an intestate, without issue, leaving a widow and brothers and sisters, a distribution of one-half of the proceeds of real property belonging to the estate to the widow and one-half to the brothers and sisters was held correct under the rules of the common law. Clark v. Clark, 17 Nev. 124, 128 (28 P. 238). 2166. Division in case of divorce. The title to community property after a man's death is vested in the widow, subject to the payment of the debts, and if the widow pays all the indebtedness legally due from the estate, then the community property is not subject to administration. Wright v. Smith, 19 Nev. 143, 146, 147 (7 P. 365). 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 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, including the exercise of discretion, by the court below. Upon granting a divorce the question as to the amount of allowance for the support of the wife is left to the legal discretion of the trial court, and should not be interfered with in the appellate court unless the dis 2167. Earnings of wife. cretion has been abused. Lake v. Bender. 18 Nev. 361, 382, 404 (4 P. 711). Facts justifying an increase of monthly allowance. Idem. SEC. 13. The earnings of the wife are not liable for the debts of the husband. A judgment for costs recovered by a married woman is not her earnings, so as to be exempt from the debts of her husband, especially when there is no showing where the money paid out as costs had been earned by her, but on the contrary it was shown that they were paid out of money "earned. obtained or accumulated" by the husband and wife since their marriage, so as to be community property. Adams v. Baker, 24 Nev. 375-378 (55 P. 362). 2168. Earnings of wife and minor children while living separate. SEC. 14. The earnings and accumulations of the wife and of her minor children, living with her, or in her custody, while she is living separate from her husband, are the separate property of the wife. 2169. Earnings of wife deemed gift, when. SEC. 15. When the husband has allowed the wife to appropriate to her |