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Sec. 2636.

An Act concerning conveyances of mining locations and claims by

minors.

Approved February 27, 1869, 96.

valid.

2653. SECTION 1. In all cases in this state, since the first Deed of day of July, A. D. eighteen hundred and sixty-seven, where minor held minors over the age of eighteen years have sold interests acquired by them in mining claims or locations by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation; provided, that Proviso. this section shall not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed; and, provided further, that this section shall not apply to or affect any suits which may now be suits pending pending in any courts of this state, in which the legality or validity of such deeds may be involved.

sell or

2634. SEC. 2. All minors in this state, over the age of Minors eighteen years, are hereby authorized and empowered to sell empowered to and convey by deed such interests as they may have acquired, convey. or may hereafter acquire, in mining claims or mining locations within this state, by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this Act.

An Act to authorize and empower aliens and non-resident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada.

Approved February 27, 1879, 51.

and own

2655. SECTION 1. Any non-resident alien, person, or cor-Persons to poration, except subjects of the Chinese empire, may take, hold, take, hold and enjoy any real property, or any interest in lands, tene-property. ments, or hereditaments within the State of Nevada, as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation.

2656. SEC. 2. The right of eminent domain is hereby Rights granted to such non-resident or foreign corporations, upon the granted. same terms and conditions as the same is granted to resident or domestic corporations.

Sec. 2657.

How construed.

By whom taken out of the state.

Proviso.

Record valid.

Proviso.

2657. SEC. 3. Nothing herein contained shall be so construed as to confer any other or further rights under the statutes of limitation than those at present existing.

Courtney et al. v. Turner et al., 12 Nev. 345.

An Act concerning conveyances executed without the state.
Approved February 13, 1871, 54.

2658. SECTION 1. The proof or acknowledgment of every conveyance affecting any real estate, taken without this state, but within the United States, shall be taken by some one of the following officers: A Judge or Clerk of a court having a seal, or some Notary Public or Justice of the Peace, or by any Commissioner appointed by the Governor of this state, for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be 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.

2659. SEC. 2. All acknowledgments of 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 force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law, prior to the passage of this Act.

Other officers
may make
deeds.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Approved December 12, 1862, 13.

2660. SECTION 1. Where lands, or any estate or interest therein, have been or may hereafter be sold by a Sheriff or Constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

Sec. 2665.

2661 SEC. 2. Such deeds, so made as aforesaid, shall Effect of have the same force and effect as evidence as if made by the deed. officer making such sale.

An Act to provide for preserving the evidence of the official acts of
officers taking acknowledgments, etc.

Approved February 20, 1869, 72.

required to

2662. SECTION 1. Each officer authorized by law to take oficers the proof or acknowledgment of the execution of conveyances keep record. of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward.

neglect.

2663. SEC. 2. Any officer aforesaid refusing or neglect- Penalty for ing to comply with the requirements of this Act shall be deemed refusal or and held guilty of a misdemeanor, and, on conviction thereof, fined before any court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall, in addition, be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained tioned in this section. by reason of the refusal or neglect men

An Act concerning records now in the custody of County Recorders of this state.

Approved February 20, 1873, 63.

2664. SECTION 1. All instruments of writing relating to Records to mining claims now copied into books of mining or other records, impart notice now in the office of the County Recorders of the several counties of this state, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested.

be read in

2665. SEC. 2. Copies of the records of all such instru-Copies may ments mentioned in section one of this Act, duly certified by the evidence. Recorder in whose custody such records are, may be read in evi

Sec. 2666.

dence under the same circumstances and rules as are now or
may hereafter be provided by law, for using copies of instru-
ments relating to mining claims or real estate, duly executed or
acknowledged, or proved and recorded.

Marks instead of signatures.

An Act to provide for marks instead of signatures.

Approved December 17, 1862, 33.

2666. SECTION 1. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the person make his mark, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

An Act to provide for the omission of the word "scal," the letters "L. S.," and other words, letters, or characters of like import on instruments in writing.

Approved February 20, 1883, 45.

Unnecessary.

2667. SECTION 1. The word "seal," and the initial letters "L. S.," and other words, letters, or characters of like import, opposite the name of the signer of any instrument in writing, are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

CHAPTER XIX.

ESTATES OF DECEASED PERSONS.

SECTION.

2668. General Act relative to estates

2668. Jurisdiction.

2670. Proof of wills.

2708. Letters testamentary and bonds.

SECTION.

2774. Inventory and collection of effects.
2789. Provisions for support of family.

2797. Of claims against the estate.

2833. Of the powers and duties of the executor and administrator.

2874. Conveyance of real estate, executors and administrators.

2884. Accounts to be rendered and payment of debts.

2919. Partition and distribution of estates.

2950. Removal of executors and administrators in certain cases.

2955. Miscellaneous provisions.

2081. Descents and distributions.

3000. An Act concerning wills.

An Act to regulate the settlement of the estates of deceased persons.

Approved November 29, 1561, 186.

1. JURISDICTION,

proved and

2668. SECTION 1. Wills may be proved, and letters testa- How wills mentary, or of administration, may be granted: First-In the may be county of which the deceased was a resident at or immediately letters previous to his death, in whatever place his death may have hap-granted. pened. Second-In the county in which he may have died, leaving estate therein, and not being a resident of the state. ThirdIn the county in which any part of his estate may be, he having died out of the state, and not being a resident thereof at the time of his death. Fourth-In the county in which any part of his estate may be, he having died in any other county of the state. Fifth-In the county in which any part of his estate may be, he not being a resident of the state, and not leaving estate in the county in which he died. Sixth-In all other cases, in the county where application shall first be made.-As amended, Stats. 1877, 168.

2669. SEC. 2. When the estate of the deceased is in more of estates of than one county, he having died out of the territory and not non-residents having been a resident thereof at the time of his death, or, being such non-resident, and dying within the territory, and not leaving estate in the county where he died, the probate court of that county in which application is first made for letters testamentary or of administration, shall have exclusive jurisdiction of the settlement of the estate.

Π.-PROOF OF WILLS.

court.

2670. SEC. 3. Any person having the custody of any will, wills to be shall, within thirty days after he shall have knowledge of the delivered to death of the testator, deliver it into the probate court which has jurisdiction of the case, or to the person named in the will as

executor.

named as

2671. SEC. 4. Any person named as executor in any will, Person shall, within thirty days after the death of the testator, or within executor.

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