own use her earnings, the same, with the issues and profits thereof, is deemed a gift from him to her, and is, with such issues and profits, her separate property. 2170. Debts of wife contracted before marriage. SEC. 16. The separate property of the husband is not liable for the debts of the wife, contracted before the marriage. 2171. Debts of husband. SEC. 17. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage. 2172. Separate property. SEC. 18. Except as mentioned in the next section, neither husband nor wife has any interest in the property of the other. 2173. Contract between husband and wife. SEC. 19. Either husband or wife may enter into any contract, engagement, or transaction with the other, or with any other person, respecting property, which either might enter into if unmarried, subject in any contract, engagement, or transaction between themselves, to the general rules. which control the actions of persons occupying relations of confidence and trust towards each other. See Cartan v. David, under sec. 11 of this act. The statute in respect to community property recognizes the superiority of the husband. Crawford v. Crawford, 24 Nev. 410, 417 (56 P. 94). In every fiduciary relation the law implies that one of the parties has a superiority over the other, and that the contract between 2174. Contract of separation. them is to the advantage of the one presumably superior. Idem. In this case, after reciting the facts, it was held that there was no evidence of undue influence or fraud vitiating the contract within the rule that conveyances between persons occupying fiduciary or confidential relations are presumably fraud ulent. Idem. SEC. 20. A husband and wife cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation. 2175. Idem-Consideration of. SEC. 21. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section. 2176. Necessaries furnished wife, husband bound for. SEC. 22. If the husband neglects to make adequate provision for the support of his wife, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. 2177. Husband not liable for support, when. SEC. 23. A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified by his misconduct in abandoning him. 2178. Support of husband by wife, when required. SEC. 24. The wife must support the husband out of her separate property, when he has no separate property, and they have no community property, and he, from infirmity, is not able or competent to support himself. 2179. Wife may sue and be sued when living separate. SEC. 25. When the wife is living separate and apart from her husband she may sue and be sued alone. 2180. Property rights to be governed by this act-Proviso. SEC. 26. The property rights of husband and wife are governed by this act, unless there is a marriage contract or settlement containing stipulations contrary thereto. 2181. Marriage contracts to be in writing-Form of. SEC. 27. All marriage contracts or settlements must be in writing, and executed and acknowledged or proved in like maaner as a conveyance of land is required to be executed and acknowledged or proved. 2182. Marriage contract to be recorded. SEC. 28. When such marriage contract or settlement is acknowledged or proved it must be recorded in the office of the recorder, of every county in which any real estate may be situated which is conveyed or affected by such contract. 2183. Record of contract to impart notice. SEC. 29. When such marriage contract or settlement is deposited in the recorder's office for record it shall, as to all property affected thereby in the county where the same is deposited, impart full notice to all persons of the contents thereof. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 2184. Contract not valid, when. SEC. 30. No such marriage contract or settlement shall be valid as to any real estate, or affect the same, except as between the parties thereto, until it shall be deposited for record with the recorder of the county in which such real estate is situate. 2185. Marriage contract of minors. SEC. 31. A minor, capable of contracting marriage, may make a valid marriage contract or settlement. 2186. Acknowledgment of wife to convey realty. SEC. 32. No estate in the real property a married woman possesses is affected by any conveyance or other instrument, except a will purporting to be executed or acknowledged by her, unless the same be acknowledged by her in the manner that conveyances by married women are required to be acknowledged. 2187. Wife's power of attorney, how acknowledged. SEC. 33. A power of attorney of a married woman, authorizing the execution of an instrument conveying or affecting her real property, shall be acknowledged as above mentioned. SEC. 34. A conveyance or other instrument affecting or relating to real estate, except a will made by a married woman, has no validity until acknowledged as above provided; but when so acknowledged has the same effect as if she were unmarried. See secs. 1018, 1036, 1037. 2189. Acts repealed-Saving clause. SEC. 35. An act entitled "An act defining the rights of husband and wife," approved March seventh, eighteen hundred and sixty-five [p. 239], and all other acts and parts of acts in conflict with this act, are hereby repealed; provided, that no rights already vested, or any proceeding already taken, shall be affected by anything in this act contained. An Act to authorize married women to transact business in their own names as sole traders. Approved February 6, 1867, 49 2190. Right to transact business, how. 2192. Rights and liabilities of sole traders. 2193. Responsible for maintenance of children. 2194. Husband not responsible for wife's debts-Exception. 2190. Right to transact business, how. SECTION 1. Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations prescribed in this act. The sole trader act was passed for the protection of married women. It was designed only to protect the wife against an improvident and worthless husband. The business in which she is engaged cannot be carried on for the purpose of defrauding any creditor of her husband. The words "managed" and "superintended," as used in the statute, are synonymous. The husband cannot direct, conduct, or control the business in which his wife is engaged, or any part of it. If the wife allows the husband to exercise his own judgment and discretion, and to direct, conduct, and control the business, or any separate branch of it, she brings herself within the prohibition of the statute, and must suffer the consequences. The fact whether the husband was employed at fixed wages or an agreed salary, whether he received a reasonable compensation for his labor or rendered his services gratuitously, would be material in enabling the jury to determine whether or not the transaction was sincere and bona fide, or only a colorable device to cheat, wrong, and defraud the creditors of the husband. If the husband intermingles his skill, industry and energy with the labor of his wife without receiving, or without any agreement that he should receive, any compensation for his time and attention, then the profits arising from said business, and the property paid for with such funds, would be community property (ante, 2156), and would be liable for the husband's debts. Youngworth v. Jewell, 15 Nev. 45-49. 2191. Applicants to give notice-Hearing of application-Order-To be recorded. SEC. 2. Any married woman residing within this state, desirous to avail herself of the benefit of this act, shall give notice thereof, by advertising in some public newspaper published in the county in which she has resided, for four successive weeks preceding such application; provided, if no newspaper be published in said county, said publication shall be made by posting advertisements in three of the most public places in said county, four weeks prior to the day of application. Such notice shall set forth that it is her intention to make application to the district court of said county, on the day therein named, for an order of said court permitting her to carry on business. in her own name and on her own account; and it shall specially set forth the nature of the business to be carried on. On the day named in the notice, or at such future time as the court may appoint, on filing proof of publication, the court shall proceed to examine the applicant, on oath, as to the reasons which induce her to make the application; and if it appear to the court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name and on her own account, the business, trade, profession, or art named in the notice; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him from collecting his debt, or will occasion such result, and if it shall so appear to the court, the applica tion shall be denied. On the hearing, witness may be examined on behalf of either party. Before making the order, the court or judge shall administer to the applicant the following oath: "I, A. B., do, in the presence of Almighty God, truly and solemnly swear, that this application is made in good faith, for the purpose of enabling me to support myself and my children (if the applicant have minor children), and not with any view to defraud, delay, or hinder any creditor or creditors of my husband; and that of the moneys so to be used in said business, not more than five hundred dollars has come, either directly or indirectly, from my husband. So help me God." A certified copy of such order, with the said oath indorsed thereon, shall be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 2192. Rights and liabilities of sole traders. SEC. 3. After the order has been duly made and recorded, as provided in the second section of this act, the person named shall be entitled to carry on such business in her own name, and the property, revenues, moneys, and credits, so invested, shall belong exclusively to such married woman, and shall not be liable for any debts of her husband; and said married woman shall be allowed all the privileges, and be liable to all legal process, now or hereafter provided by law, against debtors and creditors, and may sue and be sued alone, without being joined with her husband. But nothing contained in this act shall be deemed to authorize a married woman to carry on business in her own name when the same is managed or superintended by her husband. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 2193. Responsible for maintenance of children. SEC. 4. Any married woman availing herself of the benefit of this act, shall be responsible for the maintenance of her children. 2194. Husband not responsible for debt-Exception. SEC. 5. The husband of the wife availing herself of the benefit of this act, shall not be responsible for any debts contracted by her in the course of the said business, without the special consent of her husband, given in writing: nor shall his separate property be taken on execution for any debts contracted by her. The sole trader act was passed for the protection of married women. It was designed only to protect the wife against an improvident and worthless husband. The business in which she is engaged cannot be carried on for the purpose of defrauding any cred itor of her husband. Youngworth v. Jewell, 15 Nev. 45. The words "managed” and “superintended.” as used in the statute, are synonymous. The husband cannot direct, conduct, or control the business in which the wife is engaged, or any part of it. Idem. INSANE Concerning insane-Location of asylum, section 2195. To fix legal name of institution for care of indigent insane, sections 2196, 2197. To provide for taking care of insane, sections 2202, 2207. To provide for transfer of insane convicts, sections 2208, 2209. To provide for commitment of insane persons, section 2210. To provide for admission of certain persons into insane asylum, sections 2211, 2212. An Act concerning the insane of the state. Approved March 11, 1879, 140 WHEREAS, It is the duty of the state at some time in the near future to provide for and take care of its own insane at home: 2195. Selection of grounds for asylum. SECTION 1. The state grounds at Reno are hereby selected as the site for an insane asylum, and such insane asylum is hereby located on said grounds. [Sec. 2, carrying appropriation, omitted.] HOSPITAL FOR MENTAL DISEASES An Act to determine and definitely fix the legal name of the public institution for the care of the indigent insane belonging to the State of Nevada. SECTION 1. The public institutions of the State of Nevada and the buildings appertaining thereto, established and maintained for the care of the indigent insane of the state, shall hereafter be known as and called the Nevada hospital for mental diseases. 2197. Words considered identical. SEC. 2. The words "Insane Asylum," "Institute for the Care of the Insane," and all words of like import, now or heretofore used in any law, process, investigation, subpena or commitment, or in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention or care of the insane or mentally diseased in the State of Nevada shall be deemed to relate to, and be the equivalent of, Nevada hospital for mental diseases, and hereafter, all processes and proceedings, relating to the insane or mentally diseased of the State of Nevada, shall run and be held in that name. An Act creating a board of commissioners for the care of the indigent insane of the State of Nevada. 2198. Board created. Approved February 4, 1887, 39 SECTION 1. The governor, state controller and state treasurer are hereby constituted a board of commissioners for the purpose of providing for the care and maintenance of the indigent insane of the state. 2199. Quorum. SEC. 2. A majority of said board shall constitute a quorum for the transaction of business. |