Who may CHAP. LXI.-An Act concerning Wills. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Every person over the age of eighteen years, of make wills. sound mind, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator's debts. Wills of married women. Valid wills. Legacies, gifts, etc. Nuncupative wills. Proof of. Probate of. Revocation of wills. SEC. 2. Any married woman may dispose of all her estate by will, as well her separate estate as her interest in the common property, and may alter or revoke the will in like manner as a person under no disability might do; provided, that no such will, alteration, or revocation shall be of any validity without the consent of the husband, in writing, annexed to such will, alteration, or revocation, and attested and subscribed as is provided in the next succeeding section. 18-62 SEC. 3. No wills, except such nuncupative wills as are mentioned in this Act, shall be valid unless it be in writing, and signed by the testator, and sealed with his seal, or by some person in his presence, and by his express direction, and attested by at least two competent witnesses, subscribing their names to the will in the presence of the testator. SEC. 4. All beneficial devises, legacies, and gifts, whatsoever, made or given in any will to a subscribing witness thereto, shall be void, unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts, shall not prevent his creditors from being competent witnesses to his will. SEC. 5. No nuncupative or verbal will shall be good where the estate bequeathed exceeds the value of one thousand dollars, nor unless the same be proved by two witnesses who were present at the making thereof, nor unless it be proved that the testator, at the time of pronouncing the same, did bid some one present to bear witness that such was his will, or words of like import, nor unless such nuncupative will was made at the time of the last sickness of the deceased. SEC. 6. No proof shall be received of any nuncupative will unless it be offered within three months after speaking the testamentary words. SEC. 7. No probate of any nuncupative will shall be granted for fourteen days after the death of the testator, nor shall any nuncupative will be at any time proved unless the testamentary words, or the substance thereof, be first committed to writing by the Probate Judge, and process be issued to call in the widow, should she be a resident of the Territory, or other person or persons interested as heirs of the testator residing in the Territory, to contest the probate of such will, if they think proper. SEC. 8. No will in writing shall be revoked unless by burning, tearing, cancelling, or obliterating the same, with the intention of revoking it by the testator, or by some person in his presence, or by his direction, or by some other will or codicil in writing, executed as prescribed by this Act; but nothing contained in this section shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator. SEC. 9. If, after the making of any will, the testator shall Second wills duly make and execute a second will, the destruction, cancelling, or revocation of such second will shall not revive the first will, unless it appear by the terms of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruction, cancelling, or revocation, the first will shall be duly re-executed. marriage SEC. 10. If, after the making of any will, the testator shall Effect of marry, and the wife shall be living at the death of the testa- on wills. tor, such will shall be deemed revoked unless she shall be provided for in the will, or in such way mentioned therein as to show an intention not to make such provision, and no other evidence to rebut the presumption of such revocation shall be received. SEC. 11. A will executed by an unmarried woman, shall be same. deemed revoked on her subsequent marriage, and shall not be revived by the death of her husband. nant, etc. SEC. 12. A bond, covenant, or agreement, made by a testa- Bond, covetor, to convey any property devised or bequeathed in any will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for the specific performance or otherwise, against the devisees or legatees, as might be had by law against the heirs of the testator, if the same had descended to them. not a revo SEC. 13. A charge or incumbrance upon any estate, for the Mortgage purpose of securing the payment of money, or the performance cation. of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate which was previously executed, but the devise and legacies therein contained shall pass, subject to such charge or incumbrance. wills to SEC. 14. When any child shall have been born after the Children making of its parent's will, and no provision shall be made for born after him or her therein, such child shall have the same share in the share. estate of the testator as if the testator had died intestate, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child. SEC. 15. When any testator shall omit to provide in his or Children her will for any of his or her children, or for the issue of any unprovider deceased child, unless it shall appear that such omission was intentional, such child, or the issue of such child, shall have the same share in the estate of the testator as if he or she had died intestate. how pro SEC. 16. When any share of the estate of a testator shall be After-born assigned to a child born after the making of a will, or to a child children, or the issue of a child omitted in the will, as hereinbefore men- vided for. tioned, the same shall first be taken from the estate not disposed of by the will, if any; if that shall not be sufficient, so much as shall be necessary shall be taken from all the devisees or lega Proviso. Devisee dying, descendants inherit. Devise of land. After-acquired property. Will defined. tees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator, in relation to some specific devise or bequest or other provision in the will would thereby be defeated; in such case, such specific devise, legacy, or provision, may be exempted from such apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted. SEC. 17. If such child or children, or their descendants, so unprovided for, shall have had an equal proportion of the testator's estate bestowed upon them in the testator's lifetime, by way of advancement, they shall take nothing in virtue of the provisions of the three preceding sections. SEC. 18. When any estate shall be devised to any child or other relation of the testator, and the devisee shall die before the testator, leaving lineal descendants, such descendants shall take the estate so given by the will, in the same manner as the devisee would have done if he would have survived the testator. SEC. 19. Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he could lawfully devise, unless it shall clearly appear by the will that he intended to convey a less estate. SEC. 20. Any estate, right, or interest in lands acquired by the testator after the making of his or her will, shall pass thereby, in like manner as if it passed at the time of making the will, if such should manifestly appear by the will to have been the intention of the testator. SEC. 21. The term "will," as used in this Act, shall be so construed as to include all codicils as well as wills. SEC. 22. This Act shall take effect from and after its passage. Powers of Deputy. CHAP. LXII.—An Act to authorize the County Recorder of Storey [Approved November 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada: SECTION 1. The County Recorder of Storey County is hereby authorized to appoint a Deputy Recorder, who shall have full power to perform the duties of his principal in the case of the absence or other disability of said principal, and the acts of said Deputy shall be as valid in all respects as if performed by said County Recorder. SEC. 2. This Act to take effect from its passage. CHAP. LXIII.-An Act authorizing W. R. Armstrong, J. W. Roberts, and their associates, to construct and maintain a Toll Road. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. W. R. Armstrong, J. W. Roberts, their associates Franchise. and assigns, are hereby granted the right and privilege, for the term of twenty years after the date of the passage of this Act, to keep and to maintain a toll roll from the commencement of a certain road at Gold Hill, now owned by the said Armstrong and others, to the Town of Empire City, on Carson River, by the way of Devil's Gate, Silver City, New York House, and Half Way House, and over the road heretofore established and used by William Sherien and others, and now used by their successors as a toll road. SEC. 2. The above named parties, their associates and assigns, Rates of toll. shall have the right to charge and collect tolls upon the road at the rates following, to wit: One vehicle, with one or two animals, fifty cents. Each pack animal, twelve and a half cents. Loose stock, per head, ten cents. SEC. 3. The parties above named may establish a toll gate or Toll gates. toll gates at any point or points upon the road, and collect tolls thereat; provided, that no gate or gates shall be erected or maintained at any point on said road northerly of the present gate, situated at the point of rocks known as Devil's Gate, to exceed two hundred yards northerly of the same; and, provided, that the aggregate tolls shall not exceed the rates designated in the preceding section. SEC. 4. Any person employed as the keeper of any toll gate Persons upon such road shall have the right to prevent any person or must pay toll persons from passing through any toll gate upon the road until such person or persons shall have paid the toll authorized to be collected under the provisions of the second section of this Act. SEC. 5. Any person or persons who shall violently or other- Penalty for wise pass any toll gate on such road without paying the legal refusing. toll required, upon demand made, or who shall pass over the road and refuse to pay such toll, or who shall in any way become indebted to the proprietors of the road for any toll or tolls, shall be liable to such proprietors, in an action for debt, the same to be tried before any Court of competent jurisdiction. SEC. 6. Any person or persons who shall in any way obstruct Penalty for or injure any toll gate, bridge, culvert, grade, embankment, injuring road wall, or ditch, constructed by or belonging to the proprietors of the road, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any Court of competent jurisdiction, shall be fined in a sum of not less than twenty-five dollars nor more than five hundred dollars, and shall be liable to the proprietors of such road in an action for damages, to be recovered in a suit for debt before any Court of competent jurisdiction. Liability of SEC. 7. Should the proprietors of the road, or any of the Agents, etc. employés or Agents, unreasonably hinder or delay, or demand of or receive from any traveller or passenger any toll excepting in amount that authorized to be collected under the provisions of the second section of this Act, they or he shall be liable to the party or parties from whom such excessive toll shall be collected in an action for damages before any Court of competent jurisdiction. Change of route or toll gates. Width of location. Report of be made. SEC. 8. It shall be lawful for the proprietors of the road, their successors or assigns, to change or vary the line or route of the same or any portion thereof, from time to time, as they may deem necessary for the purpose of securing the most advantageous or eligible location of the road, and also to change at any time the location of the toll gates thereon, except as re stricted in section three. SEC. 9. The proprietors of the road shall have the right, in holding or locating the same, to a width of fifty feet of ground along the entire line or route thereof; provided, that in so establishing the road, in its length and width, they shall not interfere with any rights that may have vested previously in any person or persons whatsoever. SEC. 10. The grantees herein named, their successors, and receipts to assigns, shall keep or cause to be kept an accurate account of the receipts of said road, and make quarterly reports thereof, under oath, to the Territorial Auditor, accompanied by the receipt of the Territorial Treasurer for two per cent thereon, which shall be paid into the Territorial Treasury for Territorial purposes. Commencement and completion of work. Counties may purchase road. SEC. 11. The said Armstrong and Roberts shall commence work upon said road by the first of April, eighteen hundred and sixty-three, and complete the same within eighteen months from the passage of this Act. SEC. 12. It shall be lawful, at any time after the expiration of five years from the passage of this Act, for the Board of County Commissioners of the respective counties through which the road mentioned in this Act shall pass to purchase the same for the use and benefit of their respective counties, and in the following manner: The said Board of County Commissioners shall each appoint one person from their respective counties, the said Armstrong and Roberts shall appoint three persons, and the six persons so appointed shall choose one person, making a Board of Appraisers of seven persons, whose duty it shall be to appraise the said road at its cash value, and report the same to the respective Boards of County Commissioners, who may afterwards, by concurrent resolution, purchase the said road at the value so assessed by the said Board of Appraisers; provided, that nothing in this section shall be so construed as to give the right to either of the said Board of County Commissioners to purchase only that portion of the said road passing through their respective counties. SEC. 13. This Act shall take effect from and after its passage. |