erty shall be sold under the order of the court, and the proceeds applied in like manner. The board is hereby invested with the power to cause such nuisances to be abated in a summary manner. ['96, pp. 355-6*; '97, pp. 51-2. ended 1178. Inspection of imported nursery stock. Notice. Any county inspector shall, upon evidence that nursery stock is imported or offered for sale that 47 within his district, cause a careful examination to be made of such stock. All or any nurserymen shall report to the county inspector any receipt of fruit trees. ['97, p. 52. 1179. Duties of secretary of board. It shall be the duty of the secretary to attend all meetings of the board, and to preserve records of the proceedings, correspondence, and actions of the board, to collect books, pamphlets, periodicals, and other documents containing valuable information relating to horticulture, and to preserve the same; to collect statistics and general information showing the actual condition and progress of horticulture in this state and elsewhere; to correspond with agricultural and horticultural societies, colleges, and schools of agriculture and horticulture, and such other persons and bodies as may be directed by the board, and prepare, as required by the board, reports for publication. Such reports may, from time to time, be printed by direction of the board and distributed free to owners of orchards within the state, or, upon application, to other persons either within the state or residing elsewhere. ['97, pp. 52–3. 1180. Board to hold stated meetings. The said board of horticultural commissioners shall meet at the capital of the state on the first Monday of January, April, July, and October of each year, for the purpose of consultation in reference to the horticultural interests of the state, and for the adoption of such rules and regulations as may be deemed advisable for the government and control of the same. ['97, p. 53. 1181. Compensation of members of board. The compensation of each member of the state board of horticulture shall be two hundred dollars per 1899 Ancured annum, excepting that the member designated to act as secretary, as provided hapt 47 1899 herein, shall receive as compensation the sum of six hundred dollars per annum. In addition to such compensation, each member of the board shall receive the amount of his actual and necessary traveling expenses when outside the county of his residence on official business, not to exceed one hundred dollars per year. The salaries and other expenses as provided herein shall be paid as provided in case of other state officers. ['97, p. 53. 1182. Report to legislature. The state board of horticulture shall biennially, beginning with the year eighteen hundred and ninety-eight, on or before the second Monday in December, report to the legislature of Utah, the acts of said board during such biennial period, and shall set forth the true condition of the horticultural interests of the state. ['97, p. 53. TITLE 29. HUSBAND AND WIFE. CHAPTER 1. MARRIAGE. 1183. Incestuous marriages. Marriages between parents and children, ancestors and descendants of every degree, brothers and sisters of the half as well as of the whole blood, uncles and nieces, aunts and nephews, or between any persons related to each other within and not including the fourth degree of consanguinity, computed according to the rules of civil law, are incestuous and void from the beginning, whether the relationship is legitimate or illegitimate. [C. L. § 2583. 1184. void: 1. 2. Other void marriages. Marriage is prohibited and declared With an idiot or lunatic. When there is a husband or wife living from whom the person marrying has not been divorced. 3. When not solemnized by an authorized person, except as provided in section eleven hundred and eighty-seven. 4. When at the time of marriage the male is under sixteen or the female is under fourteen years of age. 5. Between a negro and a white person. 6. Between a mongolian and a white person. [C. L. § 2584*. Polygamy forever prohibited, Con. art. 3, sec. 1. 1185. Children of bigamous marriages contracted in good faith. When a marriage is contracted in good faith and with the belief of the parties that a former husband or wife, then living and not legally divorced, was dead or legally divorced, the issue of such marriage, born or begotten before notice of the mistake, shall be the legitimate issue of both parents. [C. L. § 2585. 1186. Foreign marriages. Marriages solemnized in any other country, state, or territory, if valid where solemnized, are valid here. [Č. L. § 2587. 1187. Marriage in good faith before unauthorized person. marriage solemnized before any person professing to have authority therefor, shall be invalid for want of such authority, if it is consummated with the belief of the parties, or either of them, that he had authority and that they have been lawfully married. [C. L. § 2588. 1188. Who may solemnize. Marriages shall be solemnized by the following persons only: 1. Ministers of the gospel or priests of any denomination, in regular communion with any religious society. 2. Justices of the peace, mayors of cities, and judges of the district and supreme courts. [C. L. § 2589. 1189. License. Where issued. No marriage shall be solemnized without a license therefor, issued by the county clerk of the county in which the female resides at the time; provided, that when she is of full age or a widow, and it is issued on her application in person or by writing signed by her, it may be issued by the clerk of any county. [C. L. § 2590*. Prior to the act regulating marriages, it could be contracted by the mutual consent of parties capable of contracting without ceremony or formality. U. S. v. Simpson, 4 U. 227; 7 P. 257. 1190. Id. Minors. Consent of parent or guardian. If at the time of applying for license the male shall be under twenty-one or the female under eighteen years of age, and not before married, no license shall issue without the consent of his or her father, mother, or guardian, personally given or certified in writing to the clerk over his or her signature, attested by two or more subscribing witnesses, and proved by the oath of one of them, administered by any officer authorized by law to administer oaths; provided, that whenever such oath shall be administered and certified by a justice of the peace or other officer having no seal and residing outside of the county within which the license is to be issued, such oath and consent shall not be received nor filed, unless the signature and official capacity of the officer so administering and certifying such oath, shall be certified by the county clerk of the county in which the officer so certifying resides, and attested by his seal. [C. L. § 2591*; '90, p. 18. 1191. Id. Parties unknown to clerk. When the parties are personally unknown to the clerk, a license shall not issue until an affidavit is made before the clerk, which shall be filed and preserved by him, by the party applying for such license, showing that there is no lawful reason in the way of such marriage. The party making such affidavit, or any subscribing witness, if he falsely swear therein, is guilty of perjury. [C. L. § 2591. 1192. Return of license with certificate. The person solemnizing the marriage shall, within thirty days thereafter, return the license to the clerk of the county whence it issued, with a certificate of the marriage over his signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage. For failing to make such return, he is guilty of a misdemeanor. [C. L. § 2592. 1193. Id. Recording same. The license, together with the certificate of the person officiating at the marriage, shall be filed and preserved by the said clerk, and shall be recorded by him in a book kept for that purpose, which shall be properly indexed in the names of the parties so married. [C. L. § 2593. 1194. Solemnizing marriage without license. Penalty. If any person shall solemnize a marriage without such license, he shall be imprisoned not less than one nor more than twelve months in the county jail, or fined not more than one thousand dollars, or be both so fined and imprisoned. § 2594. [C. L. 1195. Id. Without authority. False personations. Penalty. If any person not authorized, shall solemnize a marriage under pretense of having authority, or shall falsely personate the father, mother, or guardian in obtaining a license, or forge the name of any father, mother, or guardian to any writing purporting to give consent to such marriage, he shall be punished by imprisonment in the state prison not exceeding three years. [C. L. § 2595. 1196. Id. Forbidden marriages. Penalty. If any authorized person shall knowingly, with or without license, solemnize a marriage such as is herein prohibited, he shall be imprisoned in the state prison not exceeding three years, or fined not exceeding one thousand dollars, or be both so fined and imprisoned. [C. L. § 2596. 1197. Issuing license for prohibited marriage. Penalty. Every clerk or deputy clerk who shall knowingly issue a license for any prohibited marriage, shall be punished by confinement in the state prison for a term not exceeding two years, or fined in any sum not exceeding one thousand dollars, or by both such fine and imprisonment, and in case of conviction, shall be expelled from his office by the judgment of the court before which his conviction is had; and, if he wilfully issue a license contrary to his duty as herein prescribed, he shall be fined not exceeding one thousand dollars. [C. L. § 2597. CHAPTER 2. PROPERTY RIGHTS. 1198. Separate property of wife, control of. Real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled by purchase, gift, grant, inheritance, or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations, or engagements of her husband, and may be conveyed, devised, or bequeathed by her as if she were unmarried. [C. L. 2528*. Husband may not mortgage exempt chattels without consent of wife, ? 167. Property rights of married woman, Con. art. 22, sec. 2. Succession of married woman, ?? 2731, 2826-2832. Mar ried woman may sue and be sued as if unmarried, 2904. When married woman may defend for her husband, ?? 2905, 2906. Where the husband and wife gave their joint note secured by mortgage upon two parcels of ground belonging to the husband and a third parcel belonging to the wife, for a debt of the husband; held, under the evidence, that the wife was a principal. Kelly v. Kershaw, 5 U. 295; 14 P. 804. While the statutes do not in express words repeal the common law rule that the husband is liable for the torts of the wife, it has made such modifications in the husband's rights and her disabilities as to wholly remove the reason for his liability. Culmer v. Wilson, 13 U. 129; 44 P. 833. A married woman under our statutes is liable for a tortious failure to per form a duty under a contract. Id. The provi sions of the Utah statutes [prior to the enactment of this revision] relieved a married woman from her common law disabilities, and in all respects placed her in the same position with reference to contracts, property, and liability as other persons. Id. Where a husband alone contracts to sell land, the wife cannot be compelled to convey her dower interest. Kelsey v. Crowther, 7 U. 519; 27 P. 695. 1199. Wife's contracts. Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as if she were unmarried. Ill., Starr & Curtis' An. S. (1885) p. 1272". Iowa, McClain's An. C. (1888) 3404. N. Y. R. S., vol. IV, p. 2606. Wash. C. (1896) 2164. 1200. Conveyance by husband or wife to the other. A conveyance, transfer, or lien executed by either husband or wife, to or in favor of the other, shall be valid to the same extent as between other persons. [C. L. § 2528*. Iowa, McClain's An. C. (1888) ? 3397. without the intervention of a trustee. Cereghino Under section 2528, C. L. 1888, a married woman v. Wagener, 4 U. 514; 11 P. 568. could take real property by deed from her husband 1201. Wife's wages. Her right to sue or defend. A wife may receive the wages for her personal labor, and maintain an action therefor in her own name, and hold the same in her own right, and may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried. There shall be no right of recovery by the husband on account of personal injury or wrong to his wife, or for expenses connected therewith, but the wife may recover against a third person for such injury or wrong as if unmarried, and such recovery shall include medical treatment and other expenses paid or assumed by the husband. Iowa, McClain's An. C. (1888) ? 3408*. 1202. Liability of husband or wife for debts of the other. Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as herein otherwise declared, they are not liable for the debts of each other contracted after marriage, nor are the wages, earnings, or property of either, nor is the rent or income of the property of either, liable for the separate debts of the other. Ill., Starr & Curtis' An. S. (1885) p. 1270. Iowa, McClain's An. C. (1888) 3403. Wash. C. (1896) 2167*. 1203. Husband or wife may sue the other. Should the husband or wife obtain possession or control of property belonging to the other before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the extent as if they were unmarried. Iowa, McClain's An. C. (1888) 3395. III., Starr & Curtis' An. S. (1885) p. 1278. 1204. Husband not liable for wife's torts. For civil injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be liable therefor, except in cases where he would be jointly liable with her if the marriage did not exist. Iowa, McClain's An. C. (1888) 23396. Ill., Starr & Curtis' An. S. (1885) p. 1270. A husband is not liable for the torts of his wife committed by her before marriage, while she was the wife of another man. Culmer v. Wilson, 13 U. 129; 44 P. 833. 1205. Acting as attorney in fact for the other. A husband or wife may constitute the other his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the appointment the same as other persons. ['90, p. 20*. Iowa, McClain's An. C. (1888) 23401. Ill., Starr & Curtis' An. S. (1885) p. 1279. 1206. Severally liable for family expenses. The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or of either of them, and in relation thereto they may be sued jointly or separately. Iowa, McClain's An. C. (1888) 3405. Ill., Starr & Curtis' An. S. (1885) p. 1279. It is the duty of a husband to provide his wife and children with a maintenance commensurate with his means and station. Snow v. Snow, 13 U. 15; 43 P. 620. 1207. Right to occupy homestead. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of her minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct. Iowa, McClain's An. C. (1888) 3406*. Ill., Starr & Curtis' An. S. (1885) p. 1279. CHAPTER 3. DIVORCE, ETC. 1208. Proceedings. Residence of plaintiff. Grounds. Proceedings in divorce shall be commenced and conducted in the manner provided by law for proceedings in civil cases, except as hereinafter provided, and the court may decree a dissolution of the marriage contract between the plaintiff and defendant in all cases wherein the plaintiff, for one year next prior to the commencement of the proceedings shall have been an actual and bona fide resident of the county within the jurisdiction of the court, for any of the following causes, to wit: First, impotency of the defendant at the time of marriage; second, adultery committed by defendant subsequent to marriage; third, willful desertion of plaintiff by defendant for more than one year; fourth, willful neglect of defendant to provide for plaintiff the common necessaries of life; fifth, habitual drunkenness of defendant; sixth, conviction of defendant for felony; seventh, cruel treatment of plaintiff by the defendant to the extent of causing great bodily injury or great mental distress to plaintiff. [C. L. § 2602. For decisions concerning the divorce jurisdiction of the territorial district and probate courts, see Cast v. Cast, 1 U. 112. Whitmore v. Hardin, 3 U. 121; 1 P. 465. Kenyon v. Kenyon, 3 U. 431; 24 P. 29. A decree of divorce entered by a probate judge while lawfully exercising jurisdiction, is a decree of a court of general jurisdiction importing absolute verity, and cannot be attacked in a collateral proceeding. Amy v. Amy, 12 U. 279; 42 P. 1121. The granting of a legislative divorce in Idaho was not a rightful subject of legislation under section 1851 U.S. Revised Statutes. Higbee v. Higbee, 4 U. 19; 5 P. 693. Where a statute provided certain grounds for divorce, and subsequently another statute on the same subject was passed with some of the same provisions, but without any saving clause; held, that the right of divorce under the first act was not lost by the second being passed. Tufts v. Tufts, 8 U. 142; 30 P. 309. 1209. Husband may obtain divorce. The husband may in all cases obtain a divorce from his wife for the like causes, and in the same manner as the wife obtains a divorce from her husband. [C. L. § 2603. 1210. Temporary alimony. The court may order either party to pay to the clerk a sum of money for the separate support and maintenance of the adverse party and the children, and to enable such party to prosecute or defend the action. Iowa, McClain's An. C. (1888) ? 3417. Alimony in suit for separate maintenance, ? 1216. case temporary alimony and counsel fees will be allowed. Cast v. Cast, 1 U. 112. 1211. Complaint. Reference. Testimony. Decree. The com plaint or petition shall be in writing and verified by the oath of the plaintiff, and no decree in divorce shall be granted upon default or otherwise, except upon legal testimony taken in the cause, and, in case a reference is ordered, the referee shall |