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SEC. 57. Death of debtor.—If any debtor shall die after the order of adjudication, the proceedings shall be continued and concluded in like manner and with like validity and effect as if he had lived.
SEC. 58. Statute of Limitations.—Pending proceedings by or against any person, copartner, or corporation, no statute of limitations of this State shall 'run against a claim which in its nature is provable against the estate of the debtor.
SEC. 59. Representation by attorney.-Any creditor, at any stage in the proceedings, may be represented by his attorney or duly authorized agent.
SEC. 60. Exemptions. It shall be the duty of the Court having jurisdiction of the proceedings, to exempt and set apart for the use and benefit of said insolvent such real and personal property as is by law exempt from execution; and also a homestead in the manner as provided in section one thousand four hundred and sixty-five of the Code of Civil Procedure.
SEC. 61. Commencement of Proceedings—The filing of the petition by or against a debtor upon which an order of adjudication in insolvency may be made by the Court, shall be deemed to be the commencement of proceedings in insolvency under this Act.
Sec. 62. Certain words defined—Words used in this Act in the singular include the plural, and in the plural the singular, and the word “debtor” includes partnerships and corporations.
SEC. 63. Appointment of Receiver-A Receiver may be appointed by the Court in which an insolvent proceeding is pending before the election of an assignee:
1. Upon the application of creditors where it is shown that the property, or any portion thereof, is in danger of being lost, removed, or materially injured.
2. In all other cases where receivers are appointed by the usages of Courts of equity. And thereupon the appointment, oath, undertaking, and powers of such receiver shall, in all respects, be regulated by the general laws of the State applicable to receivers.
SEC. 64. Application of Code of Civil Procedure-All sections of the Code of Civil Procedure of the State of California relating to contempts are hereby made applicable to all proceedings under this
Act. An appeal shall be allowed to the Supreme Court from any order adjudging any person guilty of contempt of Court.
SEC. 65. Attachment costs.- When an attachment has been made and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defendant, if the claim upon which the attachment-suit was commenced is proved against the estate of the debtor, the plaintiff may prove the legal costs and disbursements of the suit, and of the keeping of the property, and the amount thereof shall be a preferred debt. In all contested matters in insolvency the Court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and equity may require; in awarding costs, the Court may issue execution therefor. In all involuntary cases under this Act, the Court shall allow the petitioning creditors out of the estate of the debtor, if any adjudication of insolvency be made, as preferred claim, all legal costs and disbursements incurred by them in that behalf.
Sec. 66. When Court may dismiss petition.—The Court may, upon the application of the debtor, if it be a voluntary petition, or of the petitioning creditors, if a creditor's petition, dismiss the petition and discontinue the proceedings at any time before the appointment of assignee; after the appointment of assignee, no dismissal shall be made without the consent of all parties interested in or affected thereby.
Sec. 67. Appeals.--An appeal may be taken to the Supreme Court in the following cases :
1. From an order granting or refusing an adjudication of insolvency.
2. Allowing or rejecting a creditor's claim, in whole or in part. 3. Overruling a motion for a new trial. 4. Settling an account of an assignee.
5. Against or in favor of setting apart homestead or other property claimed as exempt from execution.
6. Granting or refusing a discharge to the debtor.
The notice, undertaking and procedure on appeal shall conform to the general laws of this state regulating appeals in civil cases, except that when the assignee has given an official undertaking and appeal from a judgment or order in insolvency, his official undertaking stands in the place of an undertaking on appeal, and the sureties therein are liable on such undertaking.
SEC. 68. Conflicting Acts repealed.--All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed; provided, however, that such repeal shall in no manner invalidate or affect any case in insolvency instituted and pending in any Court prior to the day when this Act shall take effect.
Every Sunday, first day of January, twenty-second day of February, thirtieth day of May, fourth day of July, twenty-fifth day of December, and every day on which an election is held throughout the State, and every day appointed by the President of the United States or by the Governor of the State for a public fast, thanksgiving or holiday.
If the first of January, twenty-second of February, thirtieth of May, fourth of July, or twenty-fifth of December, fall upon a Sunday, the Monday following is a holiday.
STATE OF NEVADA.
PREPARED EXPRESSLY FOR THIS WORK BY BISHOP & SABIN,
EUREKA, EUREKA CO., NEV.
COURTS, JURISDICTION, AND TERMS OF COURTS.
UNITED STATES COURTS.
United States Circuit Court, Ninth Circuit: composed of the Districts of California, Nevada and Oregon. Judges—Stephen J. Field, Associate Justice U. S. Supreme Court ; Lorenzo Sawyer, Circuit Judge, of San Francisco, California ; District Judge E. W. Hillyer, of Carson City, Nevada; U. S. Attorney, C. S. Varian, Reno, Nevada ; Marshal, Aug. Ash, Virginia City; Clerk, T. J. Edwards, Carson City.
Terms of U. S. Circuit Court-At Carson City, third Monday in March, and first Monday in November of each year.
Terms of U. S. District Court—At Carson City, first Mondays in February, May and October.
(For the jurisdiction of the United States Courts, see Part II.)