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the State of Nevada shall be published in volumes of the size, Size of. as nearly as may be, of the volume heretofore published, and containing not less than five hundred pages.

decisions, etc

2337. SEC. 2. The Clerk of the Supreme Court shall pre- Clerk to pare such decisions for publication by giving the title of each helsin case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided (when the same are not sufficiently stated in the opinion), the names of the counsel, and a reference to such authorities as are cited and have a special bearing on the case, and it shall be the further duty of said Clerk to prepare a full and comprehensive index to each volume of said decisions. When said decisions are prepared in accordance with the foregoing instructions, the Clerk of the Supreme Court shall transfer them to the Superintendent of State Printing, who shall submit the proof thereof to the supreme court for correction and approval. After being duly corrected, the Superintendent of State Printing shall cause to be printed, in the Nevada state printing office, six hundred copies of said decisions and transfer the same to the Secretary of State, to be by him distributed as hereinafter provided.

2558. SEC. 3. To provide against an insufficiency in the Extra copies. number of said reports, the Superintendent of State Printing shall cause to be printed three hundred extra copies of each form thereof, and store the same away, unbound, subject to the order of the Secretary of State.

2559. SEC. 4. The title of each volume shall be "Nevada Title, etc. Reports," which title, together with the name of the reporter and the number of the volume, shall be printed on the back of each book.

2560. SEC. 5. Said Clerk of the Supreme Court shall Compensa receive for his compensation as reporter of said decisions the tion to Clerk. sum of six hundred dollars per year, payable out of the same fund and in the same manner that the salaries of the other state officers are paid; and he may, in his discretion, employ a competent attorney to assist him in the preparation of said decisions, who shall be allowed a reasonable compensation for his services, not to exceed the sum of seven hundred dollars for each volume.

2561. SEC. 6. On the receipt of each volume of said To distribute report from the Superintendent of State Printing, the Secretary copies. of State shall distribute them in the following manner: To each state and territory, one copy; to each of the heads of departments at Washington, one copy; to the library of Congress, two copies; to each of the Judges of the United States circuit and district courts in the States of Nevada, California, and Oregon, one copy; to the Nevada state library, two copies; to each state officer, Justice of the Supreme Court, Clerk of the Supreme Court, District Judge, District Attorney, County Clerk, and Justice of the Peace in this state, one copy; and to each public library and literary association within this state, one copy. He shall distribute to such literary and scientific institutions, publishers, and authors as in his opinion

Sec. 2562.

Price per volume.

Reports turned over to successors.

may secure an interchange of works, which may properly be
placed in the state library. The remaining copies shall be held
for sale at the price of two dollars per volume; provided, that a
sufficient number be kept in the office of the Secretary of State
for the use of the legislature when in session.

2562. SEC. 7. All reports distributed to stute, district,
and other officers in this state, shall be for the use of the officer,
and shall be by the person receiving the same turned over to
his successor in office, and the Secretary of State shall take
proper receipts for the same.

By whom and

ner to be published.

An Act to provide for the republication and stereotyping of certain
volumes of the reports of the decisions of the supreme court.

Approved March 2, 1877, 112.

2563. SECTION 1. There shall be published, by the pubin what man-lishers of the current volumes of Nevada supreme court reports, from time to time, under the direction and by the approval of the supreme court, all volumes of the reports of the decisions of said court which shall be out of print, or so nearly so as to make the republication thereof, in the opinion of the court, advisable; and such republication shall be edited by such person, learned in the law, as shall be selected or approved by said court, and in such manner, and with such reduction of the number of volumes as said court shall, by its order, direct; the entire cost of such editing to be paid by the publishers, and the numbers and pages of the present volumes to be preserved in such new edition; and the plates of all such volumes of reports as shall be republished under this Act shall be stereotyped, and four hundred copies of each volume thereof, the same to be of the same style and quality as to paper and binding as volume ten of Nevada reports, and to contain seven hundred and fifty pages or more, as the supreme court may determine, shall be delivered to the Secretary of State. And upon furnishing to the Secretary of State such copies, and satisfactory proof of having stereotyped the plates of such volumes, the said publishers shall receive from the state the price of two dollars and fifty cents ($2 50) per copy for each volume of Nevada reports so republished and furnished to the state, to be audited by the State Board of Examiners, and paid by the State Treasurer, on the warrant of the State Controller, out of any money not otherwise appropriated; provided, that when two volumes of said reports shall be printed and bound in one volume, by direction of the supreme court, the price to be paid by the state shall be five dollars ($5) per copy; and, provided further, that the said publishers shall enter into a contract, to be approved by the Justices of the Supreme Court, and filed in the office of

the Secretary of State, stipulating that they will faithfully perform all the acts and conditions in this Act required to be performed by them, and particularly will, at all times, keep for sale, and sell to the State of Nevada, and to the residents of the state, copies of the volumes to be so republished, at the rate herein fixed; and said publishers shall give bond, for the fulfillment of said contract, in the sum of ten thousand dollars, which bond shall be filed with the Secretary of State and approved by the Justices of the Supreme Court, or a majority thereof.

volume.

2564. SEC. 2. The said publishers shall sell said volumes Price per at a price not exceeding two dollars and fifty cents ($2 50) per volume for each and every volume of Nevada reports so republished, to all residents of this state, and no greater price shall be demanded or received by them, or their agents, or assigns, or either of them.

2365. SEC. 3. The Secretary of State is hereby authorized to sell any copies of the volumes to be so republished, which the state may now have on hand exceeding fifty copies of each volume, which he shall retain for the use of the state, at the rate of two dollars and fifty cents ($2 50) per volume.

State to sell

2566. SEC. 4. It shall be the duty of the Secretary of Secretary of State, upon the republication of these reports as herein provided, and retain. to ascertain to whom the early reports have been supplied, as per Act of February twentieth, eighteen hundred and seventyfive, and supply, when he finds deficiencies, the following parties, with all the reports of the supreme court of Nevada: To each state and territory, one copy; to each of the heads of departments at Washington, one copy; to the library of Congress and the Nevada state library, two copies; to each of the United States circuit and district courts in the States of Nevada, California, and Oregon, one copy; to each state officer, Justice of the Supreme Court, Clerk of the Supreme Court, District Judge, District Attorney, County Clerk, and Justice of the Peace in this state, one copy; and to each public library and literary association within this state, one copy. He shall, also, from time to time, distribute said reports to such literary and scientific institutions, publishers, and authors as, in his opinion, may secure an interchange of works which may be properly placed in the state library. The remaining copies shall be kept in the office of the Secretary of State for the use of the legislature when in session; provided, that no distribution shall be made to any party or parties outside of the state when there may be less than one hundred copies of any given volume on hand.

turned over.

2567. SEC. 5. All reports distributed to state, district, Reports to be and other officers in this state, shall be for the use of the office, and shall be, by the person receiving the same, turned over to his successor in office; and the Secretary of State shall take proper receipts for such reports.

2568. SEC. 6. All volumes of reports republished under

44

Citations.

this Act, except volumes one and two, shall contain citation of the points made and authorities cited by the a

CHAPTER XVIII.

REAL PROPERTY AND CONVEYANCES

Conveyance by deed.

By married

women.

Acknowledgment of.

Acknowledgments, by whom made.

SECTION.

2569. General Act concerning conveyances.

2648. Supplemental to preceding Act.

2650. Mining claims, conveyance of.

2653. Mining claims, conveyance of by minors.

2655. Authorizing aliens, non-residents and corporations to h

2658. Conveyances executed without the state.

2660. Sales by Sheriffs, Constables or other officers.

2662. Taking acknowledgments, preserving evidence of.

2664. Records in custody of County Recorders.

2663. Marks instead of signatures.

2667. Omission of seals and letters "L. S."

An Act concerning conveyances.

Approved November 5, 1831, 11.

2569. SECTION 1. Conveyances of lands, or of a or interest therein, may be made by deed, signed by th from whom the estate or interest is intended to pass, lawful age, or by his lawful agent or attorney, and a edged or proved, and recorded, as hereinafter directed.

Ruhling v. Hackett, 1 Nev. 369; Smith et al., Claiman 254; Sharon v. Davidson, 4 Nev. 416; Bingham v. Th Nov. 224; Kalmes v. Gerrish, 7 Nev. 31; Philpotts v. Nev. 61; Brown v. Warren, 16 Nev. 228; Flowery M v. North Bonanza Co., 16 Nev. 302.

2570. SEC. 2. A husband and wife may, by th deed, convey the real estate of the wife in like mann might do by her separate deed if she were unmarried.

2571. SEC. 3. Every conveyance in writing whe real estate is conveyed or may be affected, shall be ackno or proved and certified in the manner hereinafter provi 2572. SEC. 4. The proof or acknowledgment conveyance affecting any real estate shall be taken by s of the following officers: First-If acknowledged of within this state, by some Judge or Clerk of a court

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.

State ex rel. Ford v. Hoover, 5 Nev. 141.

2573. (Sec. 2.) All acknowledgments or proofs hereto- Record valid. fore 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.-Act of March 11, Stats. 1867, 103.

2374. SEC. 5. Every officer shall take the proof or Certificate. acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance; such certificate shall be: First-When granted by any Judge or Clerk, under the hand of such Judge or Clerk, and the seal of the court. Second-When granted by an officer who has a seal of office, under the hand and official seal of such officer.

2575. SEC. 6. No acknowledgment of any conveyance Identity to whereby any real estate is conveyed, or may be affected, shall be be proved. taken, unless the person offering to make such acknowledgment shall be personally known, to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

what to state.

2376. SEC. 7. The certificate of such acknowledgment Certificate, shall state the fact of acknowledgment, and that the person making the same was personally known, to the officer granting the certificate, to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the

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