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11. None of the above articles or species of property are exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon.
12. The earnings of a judgment debtor arising from his personal services for the thirty days preceding the making of the order (in supplemental proceedings), to the extent of fifty dollars, are exempt, when it shall be made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partially by his labor. For homestead exemption, see
Real property may be sold upon twenty days' notice, given as required by law; and personal property after five days' notice of the time and place of sale, as required by law.
Real estate sold upon execution or order of sale upon mortgage, tax sale or otherwise, may be redeemed by the judgment debtor, or his successors in interest in the whole or any part of the property, or by a creditor having a lien by judgment or mortgage upon the property sold, or some share or part thereof subsequent to that upon which the property was sold, within six months from the date of sale. By Act of 1879 redemption from tax sale is allowed for six months from time of sale. Personal property, sold upon execution, is not subject to redemption.
PROCEEDINGS SUPPLEMENTARY TO EXECUTION.
Upon return of execution unsatisfied, in whole or in part, issued upon any judgment, the defendant may be required to appear before the Court and answer under oath concerning his property.
SECURITY FOR COSTS.
When plaintiff is a non-resident, or is a foreign corporation, security for costs may be required.
An appeal from a judgment rendered in a Justice's Court may be taken to the District Court within thirty days after entry of judg. ment, upon filing a bond with two sufficient sureties for double the amount of judgment and costs, in case stay of execution is demanded.
An appeal may be taken from the District to the Supreme Court:
1. From a final judgment in action or special proceeding commenced in the Court in which the judgment is rendered, within one year after the rendition of judgment.
2. From an order granting or refusing a new trial, from an order granting or dissolving an injunction, and from an order refusing to grant or dissolve an injunction, and from any special order made after the final judgment, within sixty days after the order is made and entered in the minutes of the Court.
3. From an interlocutory judgment or order in cases of partition which determines the rights of the several parties, and directs partition, sale, or division to be made, within sixty days after the rendition of the same.
In all cases of appeal to the Supreme Court, a bond must be filed in the sum of $300 for payment of costs of appeal; and in case a stay of execution is demanded, then an additional bond must be filed in a sum for double the amount of the judgment and costs. Bonds to be given by appellant, and to be executed by two or more sureties, CHAPTER XI.
ESTATES OF DECEASED PERSONS.
Claims against estates of deceased persons must be presented, proved, and allowed within ten months after the first publication of administrators or executor's notice to creditors, excepting claims of persons who are non-residents of the State, who have not had actual notice ; they may present their claims at any time before distribution of estate. Claims may be verified by residents before any
officer authorized to administer oaths within the State. An affidavit taken before a Justice of the Peace of any other county in the State except the one where the administrator or executor reside, must, to entitle it to be used or filed, contain a certificate of the Clerk of the county where such Justice resides, reciting the facts that said Justice is duly commissioned and acting as such Justice of the Peace; that the signature of such Justice is genuine, and that full faith and credit are due to all his official acts.
Affidavits to correctness of accounts and claims, when made out of the State of Nevada, must, to insure their reception, be verified before some Judge of a Court, having a seal, under the seal thereof; or a Commissioner of Deeds, duly commissioned and qualified, of the State of Nevada; or before a Notary Public, whose official character is duly certified to by the Secretary of State or Territory in which he and the party making proof reside.
Time in which the estate must be settled not limited by statute; it is subject to the order of the Court.
District Courts have sole jurisdiction of all original proceedings in probate matters.
The homestead of a judgment debtor, consisting of a quantity of land, together with the dwelling-house thereon, and its appurtenances, not exceeding in value five thousand dollars, to be selected by husband and wife, or either or them, or other head of the family, is exempt from forced sale on execution or other process from any Court.
Homesteads are declared as follows:
The selection to be made by either the husband or wife, or both of them, or other head of a family, declaring their intention in writing to claim the same as a homestead. The same to be duly acknowledged and recorded as conveyances affecting real estate.
Declaration of intention to claim and hold a homestead may be made at any time prior to sale, on execution or other process, excepting on sale of premises on foreclosure of mortgage upon the premises executed by husband and wife; or where the judgment is for the purchase price of the property claimed as a homestead. This exemption does not extend to any mechanics, laborers or vendor's lien upon the premises.
The homestead may be abandoned by a declaration in writing, signed and acknowledged by husband and wife, and recorded in the office of the County Recorder, in the same manner as the declaration to claim the same is required to be acknowledged and recorded. On the death of husband or wife, the homestead and other property exempt from sale on execution is required to be set apart by the Court, for the benefit of the surviving husband or wife, and his or her legitimate children.
In cases where homestead property is appraised at a sum exceeding five thousand dollars, the same may be sold, and the sum realized on sale in excess of five thousand dollars and costs pass to judgment creditor.