ATTORNEY-AT-LAW-MOTION TO STRIKE NAME FROM ROLL-COURT OF RECORD. Held, that the statute authorizing the court to remove an attorney who has been convicted of a felony or misdemeanor, and that "the record of his conviction shall be conclusive evidence,” contemplates a conviction in a court of record; that the docket of a Justice of the Peace is not conclusive. In the Matter of Granger, 15 Nev. 56.

Conviction of Attorney.

2626. SEC. 15. In the case of the conviction of an attorney or counselor of a felony or misdemeanor involving moral turpitude, the Clerk of the court in which the conviction was had shall, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction.

Proceedings to Remove.

2627. SEC. 16. The proceedings to remove or suspend an attorney and counselor, under the first subdivision of section fourteenth, shall be taken by the court on the receipt of the certified copy of the record of convictions; the proceedings under the second and third subdivisions of section fourteenth may be taken by the court for matters within its knowledge, or may be taken upon the information of another.

Accusation to Be in Writing.

2628. SEC. 17. If the proceedings be upon the information of another, the accusation shall be in writing, and shall be presented to the court.

Accusation, What to State.

2629. SEC. 18. The accusation shall state the matters charged, and shall be verified by the oath of the person making it, or some other person, to the effect that the charges therein contained are true.

To Appear and Answer.

2630. SEC. 19. After receiving the accusation, the court shall, if in its opinion the case require it, make an order requiring the accused to appear and answer the accusation, at a specified time, in the same or subsequent term, and shall cause a copy of the order, and of the accusation, to be served upon the accused within a prescribed time before the day appointed in the order.

Appearance of Accused.

2631. SEC. 20. The accused must appear at the time appointed in the order and answer the accusation, unless for sufficient cause the court assign another day for that purpose; if he do not appear, the court may proceed and determine the accusation in his absence.

Pleadings.

2632. SEC. 21. The accused may answer the accusation, either by objecting to the sufficiency, or by denying its truth.

Demurrer.

2633. SEC. 22. If he object to the sufficiency of the accusation, the objection shall be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes.

Answer.

2634. SEC. 23. If an objection to the sufficiency of the accusation be not sustained, the accused shall answer forthwith.

Plea of Guilty.

2635. SEC. 24. If the accused plead guilty, or refuse to answer the accusation, the court shall proceed to judgment of removal or suspension. If he deny the matter charged, the court shall immediately, or at such time as it may appoint, proceed to try the accusation.

Reference to Committee.

2636. SEC. 25. The court may, in its discretion, order a reference to a committee to take the depositions in the matter, and to report to the court before proceeding to try the accusation.

Judgment on Conviction.

2637. SEC. 26. Upon conviction, in cases arising under the first subdivision of section fourteenth, the judgment of the court shall be, that the name of the party be stricken from the roll of attorneys and counselors of the court, and he be precluded from practicing as such attorney or counselor in all the courts of this territory; and, upon conviction in cases under the second and third subdivisions of section fourteenth, the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right of practice as attorneys or counselors in the courts of this territory, permanently or for a limited period.

May Appear in Own Behalf.

2638. SEC. 27. Nothing in this Act shall be so construed as to prevent any person from appearing in his own behalf in any court in this territory.

REAL PROPERTY AND CONVEYANCES.

Conveyance by Deed.

An Act concerning conveyances.

Approved November 5, 1861, 11.

2639. SECTION 1. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved, and recorded, as hereinafter directed.

1. DEED EXECUTED AND DELIVERED. Carries absolute title. Ruhling v. Hackett, 1 Nev. 360. COURTS OF EQUITY may correct mistakes. Id.

2. QUITCLAIM DEED-CONVEYS TITLE, WHEN-PAROL EVIDENCE ADMISSIBLE TO IDENTIFY PROPERTY. Brown v. Warren, 16 Nev. 228.

3. QUITCLAIM DEED. Conveys whatever present interest the grantor has in property, and, although intended as a mortgage, will protect the rights of an innocent purchaser for value. Brophy M. Co. v. B. & D. G. & S. M. Co., 15 Nev. 101.

4. QUITCLAIM DEED-AFFECTS ONLY PRESENT RIGHT. Title of patentee of public land unaffected by his previous quitclaim deed. Harden v. Cullins, 8 Nev. 49.

5. SUFFICIENCY OF SHERIFF'S DEED-ACKNOWLEDGMENT OF SHERIFF'S DEED. Smith v. Claimants, 4 Nev. 254.

6. DEED ABSOLUTE ON ITS FACE MAY BE SHOWN TO BE A MORTGAGE-PAROL EVIDENCE ADMISSIBLE-PROOF SHOULD BE CLEAR. Bingham v. Thompson, 4 Nev. 224; Saunders v. Stewart, 7 Nev. 200; Pierce v. Traver, 13 Nev. 526,

7. ABSOLUTE DEED, WHEN A MORTGAGE. First Nat. Bank v. Kreig, 21 Nev. 404.

8. GRANTING CLAUSE-HOW CONSTRUED. McCurdy v. Alpha M. Co., 3 Nev. 27.

9. CONSTRUCTION OF DEED-SUFFICIENCY OF DESCRIPTION. Paroni v. Ellison, 14 Nev. 60.

10. CONSTRUCTION OF DEED-EASEMENT-ESTOPPEL. Lindsay v. Jones, 21 Nev. 72.

11. DEED MADE PRIOR TO STATUTE OF CONVEYANCES. Sharon v. Davidson, 4 Nev. 416.

12. CONSTRUCTION OF DEED-WATER DITCH. Fogus v. Ward, 10 Nev. 269.

13. DESCRIPTION--INTENTION OF GRANTOR TO CONVEY LAND-PRESUMPTIONS-EVIDENCE OF EXISTENCE OF DEEDS. Langworthy v. Coleman, 18 Nev. 440.

14. EQUITY-EFFECT OF RECONVEYANCE OF TITLE. S. held a deed of mining ground as a mortgage to secure an existing indebtedness; he conveyed the premises to P., and after two or more transfers of the title, the property was redeeded to S.: Held, that when the title returned to S., the same equities attached to it in his hands as existed at the time he made the conveyance to P. Brophy M. Co. v. B. & D. G. & S. M. Co., 15 Nev. 101.

15. LEGAL TITLE--DEED OF LAND TO T. B. & BRO. A conveyance of land to Thomas Barnett & Bro. vests the legal title in Thomas Barnett alone, and a conveyance from him will give to his grantees a good and valid title. Barnett v. Lachman, 12 Nev. 361.

16. PRESUMPTION OF CLAIM TO ENTIRE TRACT BY ENTRY UNDER DEED. A person entering upon a tract of land under a deed with definite boundaries, is presumed by the mere act of entry so made to intend to claim the entire tract. Sharon v. Minnock, 6 Nev. 377.

By Married Women.

2640. SEC. 2. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried.

Acknowledgment.

2641. SEC. 3. Every conveyance in writing whereby any real estate is conveyed or may be affected, shail be acknowledged or proved and certified in the manner hereinafter provided.

Acknowledgments, by Whom Made.

2642. SEC. 4. The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers: First—If acknowledged or proved within this state, by some Judge or Clerk of a court having a 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. ThirdIf 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.

See, also, Sec. 2728.

ACKNOWLEDGMENT OF DEED-ABOVE SECTION CONSTRUED. Deed acknowledged in foreign country before Vice-Consul-General of the United States good. Evans v. Lee, 11 Nev. 194. Record Valid.

2643. (SEC. 2.) All acknowledgments or proofs heretofore 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 required by operation of law prior to the passage of this Act. As amended, Stats. 1867, 103.

Certificate Annexed.

2644. SEC. 5. Every officer shall take the proof or 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.

Proof of Identity.

2645. SEC. 6. No acknowledgment of any conveyance whereby any real

estate is conveyed, or may be affected, shall be 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.

Certificate, What to State.

2646. SEC. 7. The certificate of such acknowledgment 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 oath or affirmation of a credible witness, whose name shall be inserted in the certificate. Form of Acknowledgment.

2647. SEC. 8. Such certificate shall be substantially in the following form, to wit:

On this day of

State of Nevada, County of____ A. D... personally appeared before me, a Notary Public (or Judge, or other officer, as the case may be), in and for said county, A. B., known to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned; provided, that in all cases where acknowledgments have been made, or may hereafter be made, by non-residents of this state, conveying the title to real property situated in this state, and such certificate of acknowledgment is executed in accordance with the laws of the state or territory where such grantor resides, every such certificate shall have the same force and effect, and such conveyance shall be of equal validity as though such certificate contained the form and language prescribed in this section. As amended, Stats. 1893, 75.

1. ACKNOWLEDGMENT, FORM OF. The law does not require that the exact form of the certificate given in the statute shall be followed. A substantial compliance therewith is sufficient. Johnson v. Badger M. & M. Co., 13 Nev. 351.

2. CERTIFICATE OF ACKNOWLEDGMENT-TESTIMONY OF NOTARY. Musgrove v. Waitz, 14 Nev. 78. When Grantor is Unknown.

2648. SEC. 9. When the grantor is unknown to the court or officer taking the acknowledgment, the certificate shall be in the following form, to wit: "Territory of Nevada, County of _ _ _ ._. On this day of _______. A. D.----, personally appeared before me, a Notary Public (or Judge, or officer, as the case may be), in and for the said county, A. B., satisfactorily proved to me to be the person described in and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned."

Proof of Execution of Conveyance.

2649. SEC. 10. The proof of the execution of any conveyance, whereby any real estate is conveyed, or may be affected, shall be: First-By the testimony of a subscribing witness; or, Second-When all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of, at least, one subscribing witness, given by a credible witness to each signature.

Witness Personally Known.

2650. SEC. 11. No proof by a subscribing witness shall be taken unless such witness shall be personally known, to the officer taking the procf, to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

Proof Necessary.

2651. SEC. 12. No certificate of such proof shall be granted unless such subscribing witnesses shall prove the person, whose name is subscribed thereto as a

party, is the person described in, and who executed, the same; that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof.

What to Set Forth.

2652. SEC. 13. The certificate of such proof shall set forth the following matters: First-The fact that such subscribing witness was personally known, to the officer granting the certificate, to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate. SecondThe proof given by such witness of the execution of such conveyance, and of the fact that the person, whose name is subscribed to such conveyance as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof.

Evidence of Handwriting.

2653. SEC. 14. No proof by evidence of the handwriting of the party, and of a subscribing witness, shall be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof.

When Certificate Granted.

2654. SEC. 15. No certificate of any such proof shall be granted unless a competent and credible witness shall state, on oath or affirmation, that he personally knew the person whose name is subscribed thereto as a party, well knew his signature (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall, in like manner, state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knew his signature (stating his means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person.

Witnesses.

2655. SEC. 16. Upon the application of any grantee in any conveyance required by this Act to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgment or proof of such conveyance, may issue a subpena requiring such witness to appear before such officer, and testify touching the execution thereof.

Penalty.

2656. SEC. 17. Every person who, being served with a subpena, shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured in the sum of one hundred dollars, and for such damages as may be sustained by him on account of such neglect or refusal, and may also be committed to prison by the Judge of some court of record, there to remain without bail, until he shall submit to answer upon oath as aforesaid; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have been first tendered to him.

To Be Recorded.

2657. SEC. 18. A certificate of the acknowledgment of any conveyance, or of the proof of the execution thereof, as provided in this Act, signed by the officer taking the same, and under the seal of the officer, shall entitle such conveyance, with the certificate or certificates as aforesaid, to be recorded in the office of the Recorder of any county in this territory.