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cause to be made as promptly as possible, and if the brand is accepted, the ownership shall date from the date of filing. [Id. § 4.
SEC. 13. [Same--How decided.]--It shall be the duty of the county commissioners immediately after the passage of this act, to make the appointment above specified, one of whom shall serve till the first day of January following, another until the first day of January the next succeeding year, the county commissioners appointing a member to serve for two years at their first meeting in the month of January in each year. After this shall have been done the county clerk shall at once call together the committee; they shall examine the present record of brands, and in any case where, in the judgment of two of them, a brand is found which conflicts with one previously recorded, or which might in its use endanger the property of the party owning the brand earliest of record, it shall be the duty of the county clerk to notify the party owning said brand last of record that the further use of the same will be illegal to the same extent as though it had never been recorded, unless previously agreed upon by owners of such brands, and a joint statement be presented to the recorder of brands by such brand-owners; the said notice shall be given by letter, when possible, and also, and in all cases by publication for one month in two papers of general circulation in the county, the expense of which shall be paid on a proper voucher by the county commissioners; both forms of notice shall be given immediately after said examation and rejection. It is expressly provided that this enactment shall not in any way affect or invalidate the ownership of animals which were branded with said brand then registered previous to the examination and rejection, the object of this act being to make illegal and enjoin from the further use of said brand. The date of the last publication shall be considered to be the date of rejection. [Id. § 5.]
SEC. 14. [Incoming stock growers.]-It shall be the duty of any person who, after the passage of this act, brings into any county of this state, and turns loose for grazing purposes any herd, brand, or individual animals already branded, to lay before the above committee a statement of the brands of said animals, and if in the judgment of any two of them said brands conflict with any previously recorded in that county, it shall be the duty of the owner or manager of said animals to brand them with a brand that the committee shall consider a full and distinguishing mark from all brands there recorded, but the owner shall be enjoined from any further use of the conflicting brand. A failure to comply with the above shall render the party so failing liable for all damages resulting from such failure, which damages may be recovered in a civil suit. It is further provided that this section shall apply to all animals now in any county in this state whose brands are considered by this committee to infringe on previously recorded ones. [Id. § 6.]
SEC. 15. [Brands to be rejected by committee.]-In deciding as to the conflict of brands, the committee will reject any one that, being the same as one previously recorded, has in addition any of the following, whether placed across, above, below, at either side or encircling the main brand, viz.: a straight bar, a quarter, half, or entire circle, a quarter, half, or entire diamond, either upright or inverted, the same not constituting a true brand, and rendering the owner of the same brand liable to damage by its use, saving only when one or more of these shall be filed by the owner of the first record of the main brand, in which case it may be accepted. The committee shall reject any brand formed by repetition of any letter, number or figure which shall have been previously recorded, whether to be placed on the same or on a different part of the animal; the exclusive right of the first record to the letter, number, or figure, and to repetition of it being reaffirmed. They shall also reject all brands known as solid brands, and all ear-marks which shall remove to exceed one-half of the ear. A variation in the size of a letter, number, or figure, shall not constitute a new brand, and shall be rejected. A combination of letters, numbers, or figures, may be permitted though the same letters, numbers, or figures, may have been recorded singly or together, if, in the judgment of the whole committee, said
combination is so different from any previous record as to constitute a new brand, with no danger of infringment; but in this case the objection of one member shall reject. [Id. § 7.]
SEC. 16. [Brand, evidence of ownership.]-In all suits in law, or in equity, or in any criminal proceedings, when the title to any stock is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose brand it may be; Provided, That such brand has been duly recorded as provided by law. Proof of the right of any person to use such brand shall be made by a copy of the record of the same, certified by the county clerk of that county or of any county in which the same is recorded under the hand and seal of office of such clerk. [Id. § 8.]
SECTION 1. [Civil contract-Consent.]--In law, marriage is considered a civil contract, to which the consent of parties capable of contracting is essential. SEC. 2. [Age of parties.]—At the time of the marriage the male must be of the age of eighteen years or upwards, and the female of the age of sixteen years or upwards.
SEC. 3. [Void marriages.]—Marriages are void-First. When one party is a white person and the other is possessed of one-fourth or more negro blood. Second. When either party has a husband or wife living at the time of marriage. Third. When either party is insane or an idiot, at the time of marriage. Fourth. When the parties stand to the relation of each other of parents and children, grandparents and grandchildren, brother and sister, of half as well as whole blood, uncle and niece, aunt and nephew; and this subdivision extends to illegitimate as well as legitimate children and relatives.
SEC. 4. [License.]-Previous to the solemnization of any marriage in this state, a license for that purpose must be obtained from the probate judge of the county wherein the marriage is to take place.
SEC. 5. [Minors-Consent of parent.]-When either party is a minor, no license shall be granted without the verbal consent, if present, or written consent, if absent, of the father, if living, if not, then of the mother, of such minor, or of the guardian or person under whose care and government such minor may be, which written consent shall be proved by the testimony of at least one competent witness.
SEC. 6. [License--Contents.]-When application shall be made for a license to the probate judge he shall upon the granting of such license state therein the christian and surnames of the fathers of both parties, the christian and maiden names of the mothers of both parties, the christian and surnames of the parties, the residence of both parties, their places of birth, their respective ages, their color, which license shall, prior to the issuing thereof, be entered of record, in the office of the probate judge, in a suitable book to be provided for that purpose. [Amended 1869, 167.]
SEC. 7. [Same-Refused.]-If, on such testimony being given, it shall' appear that either of the parties is legally incompetent to enter into such contract, or that there is any impediment in the way, or, if either party is a minor, and the consent mentioned in section five shall not be given, the said judge shall refuse to grant a license.
SEC. 8. [Ceremony by whom-Report.]-Every judge and justice of the peace, and every preacher of the gospel, authorized by the usages of the church to which he belongs, to solemnize marriages, may perform the marriage ceremony in this state; and every such person performing the marriage ceremony shall enter upon the said license, a full return of his proceedings in the premises, which return shall be made to the probate judge of the proper county, within three months after such marriage ceremony has been performed, and which return the
NOTE.-Chap. XXXIV, R. S. 254. Chap. 40, G. S. 462.
said probate judge shall record or cause to be recorded in the same book where the said marriage license is recorded. [Amended 1869, 168.]
SEC. 9. [Ceremony required.]-In the solemnization of marriage no particular form shall be required, except that the parties shall solemnly declare, in the presence of the magistrate or minister, and the attending witnesses, tha they take each other as husband and wife; and in any case there shall be at least two witnesses, besides the minister or magistrate, present at the ceremony.
SEC. 10. [Certificate.]-Whenever a marriage shall have been solemnized, pursuant to the provisions of this chapter, the minister or magistrate who solemnized the same, shall give to each of the parties, on request, a certificate, under his hand, specifying the names, ages, and places of residence of the parties married, the names and residence of at least two witnesses who were present at such mar`riage, and the time and place thereof.
SEC. 11. [Report to probate judge.]-Every person having authority to join others in marriage, shall, within three months after the solemnization of any such marriage, make and deliver to the probate judge of the county in which the marriage took place, a certificate containing the particulars mentioned in the preceding section.
SEC. 12. [Record by probate judge.]—The probate judge of each county in the state shall record all such returns of such marriages in a book to be kept for that purpose, within one month after receiving the same.
SEC. 13. [Violation of act-Penalty.]-If any justice, minister or other person whose duty it is to make and transmit to the probate judge such certificate, shall neglect to make and deliver the same; or if the probate judge shall neglect to record such certificate; or if any person shall undertake to join others in marriage, knowing that he is not legally authorized so to do, or knowing of any legal impediment to the proposed marriage,; or if any person authorized to solemnize any marriage, shall wilfully and knowingly make a false certificate of any marriage to the probate judge; or if the said probate judge shall wilfully and knowingly make a false record of any certificate of marriage to him made; he shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a period not exceeding one year, at the discretion of the court.
SEC. 14. [Marriage improperly solemnized.]-No marriage solemnized before any person professing to be a justice of the peace, or a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed justice or minister; Provided, The marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
SEC. 15. [Religious rites.]-It shall be lawful for every religious society to join together in marriage such persons as are of the said society, according to the rites and customs of such society, to which they belong; the clerk or keeper of the minutes, proceedings, or other book of the religious society wherein such marriage shall be had, or if there be no such clerk or keeper of the minutes, then the moderator or person presiding in such society, shall make out and transmit to the probate judge of the county, a certificate of the marriage, and the same shall be recorded in like manner as is provided in the preceding section of this chapter.
SEC. 16. [Evidence-Certificate.]—The original certificate and record of marriage made by the minister, officer or person, as prescribed in this chapter, and the record thereof, made as prescribed, or a copy of such record, duly certified by such officer, shall be received in all courts and places as presumptive evidence of the fact of such marriage.
SEC. 17. [Foreign marriages.]-All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.
CHAPTER 53.-MARRIED WOMEN.*
SECTION 1. [Separate property.]-The property, real and personal, which any woman in this state may own at the time of her marriage, and the rents, issues, profits, or proceeds thereof, and any real, personal, or mixed property, which shall come to her by descent, devise or the gift of any person except her husband, or which she shall acquire by purchase or otherwise, shall remain her sole and separate property, notwithstanding her marriage, and shall not be subject to the disposal of her husband, or liable for his debts. [Amended 1875, 88.]
SEC. 2. [Same-Conveyance-Contracts.]-A married woman, while the marriage relation subsists may bargain, sell and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property.
SEC. 3. [Suits.]-A woman may, while married, sue and be sued, in the same manner as if she were unmarried.
SEC. 4. [Trade-Business.]-Any married woman may carry on trade or business, and perform any labor or services on her sole and separate account; and the earnings of any married woman, from her trade, business, labor, or services, shall be her sole and separate property, and may be used and invested by her, in her own name.
SEC. 5. [Extra-state acquired rights.]—Any woman who shall have been married out of this state shall, if her husband afterwards becomes a resident of this state, enjoy all the rights as to property which she may have acquired by the laws of any other state, territory, or country, or which she may have acquired by virtue of any marriage contract or settlement made out of this state.
SEC. 6. [Marriage settlements.]-Nothing in this act contained shall invalidate any marriage settlement or contract now made, or to be made hereafter.
SEC. 7. [Ante-nuptial debts.]-The property of the husband shall not be liable for any debts contracted by the wife before marriage. [1877 § 1, 33.]
CHAPTER 54.-MECHANICS' AND LABORERS' LIENS.+
ARTICLE I.-MECHANICS' LIEN.
SECTION 1. Who entitled to liens.]-Any persons who shall perform any labor, or furnish any material or machinery or fixtures for the erection, reparation or removal of any house, mill, manufactory, or building or appurtenance by virtue of a contract or agreement expressed or implied with the owner thereof or his agents, shall have a lien to secure the payment of the same upon such house, mill, manufactory, building or appurtenance, and the lot of land upon which the same shall stand. [1885, chap. 62.]
SEC. 2. [How secured Payment by owner.]-Any person or subcontractor who shall perform any labor for or furnish any material or machinery or fixtures for any of the purposes mentioned in the first section of this act, to the contractor or any sub-contractor who shall desire to secure a lien upon any of the structures mentioned in said section, may file a sworn statement of the amount due him or them from such contractor or sub-contractor for such labor or material, machinery or fixtures, together with a description of the land upon
CHAP. 53. Decisions and rights and liabilities of husband and wife. 3 Neb. 209, 452. 4 Id. 170, 316. 5 Id. 176, 246. 6 Id. 265, 363, 377, 549. 7 Id. 486. 8 Id. 269, 319, 327, 329, 360, 525. 9 Id. 25, 52, 402, 427. 10 Id. 86, 118, 311, 446. 11 Id. 51, 197, 245, 448, 598. 12 Id. 389, 390, 464. 13 Id. 90, 266, 269, 283, 386, 453, 456, 521. 14 Id. 153, 263. 15 Id. 320, 349, 432, 593, 647. 16 Id. 144, 635, 686.
CHAP. 54. "An act to provide a lien for labor performed and material and machinery furnished for the erection, reparation or removal of any house, mill, manufactory, or building, or appurtenance." No change made in this law different from the chapter as published in first edition. It was re-enacted to cover possible defect in original title. Decisions under this law as passed in 1881: 11 Neb. 381, 395. 13 Id. 286, 522. 15 Id. 82, 114, 436, 637. 16 Id, 153. See also 1 Neb. 427. 2 Id. 6. 3 Id. 404, 452. 4 Id. 59. 5 Neb. 410. 9 Id. 536. 10 Id. 589. 15 Id. 37
which the same were done or used, within sixty days from the performing of such labor or furnishing such material, machinery or fixtures, with the county clerk of the county wherein said land is situated, and if the contractor does not pay such person or sub-contractor for the same, such sub-contractor or person shall have a lien for the amount due for such labor or material, machinery and fixtures, on such lot or lots and the improvements thereon, from the same time and in the same manner as such original contractor, and the risk of all payments made to the original contractor shall be upon the owner until the expiration of the sixty days hereintofore specified. And no owner shall be liable to any action by the contractor until the expiration of said sixty days, and such owner may pay such sub-contractor or person the amount due him from such contractor for such labor and material, machinery and fixtures, and the amount so paid shall be held and deemed a payment of such amount to the original contractor. And in cases when a dispute arises between the contractor and his journeyman, or other persons for work done or material furnished, the owner may retain the amount claimed by said subcontractor, or journeyman, or laborer until the dispute has been settled by arbitration or otherwise. Said sworn statement and claim of lien shall be by such county clerk recorded in the same manner as other liens provided for by this chapter, and such lien shall remain in force for the same length of time as other liens provided for in this chapter.
SEC. 3. [Proceedings to secure.]-Any person entitled to a lien under this chapter shall make an account in writing of the items of labor, skill, machinery, or material furnished, or either of them as the case may be, and after making oath thereto shall within four months of the time of performing such labor and skill, or furnishing such machinery or material, file the same in the county clerk's office of the county of which such labor, skill, and materials shall have been furnished, which account so made and filed shall be recorded in a separate book to be provided by the clerk for that purpose, and shall from the commencement of such labor or the furnishing such materials for two (2) years after the filing of such lien operate as a lien on the several descriptions of such structures and buildings and the lots on which they stand, as in the first section of this chapter named. When any labor has been done or materials furnished as provided on a written contract, the same or a copy thereof shall be filed with the account herein required. And if any promissory note shall have been taken for any such labor or materials it shall be sufficient to secure the lien provided for in sections one and two hereof, to file in the office of the county clerk a copy of such note within the time aforesaid, together with a sworn statement that the sum for which said note was given, or any part thereof, is due for labor and material used for the purpose hereinbefore mentioned, giving in such statement the items of such labor and material, and such lien shall be for the amount so shown to be due for such labor and material, with interest at the rate specified in said note; Provided, Nothing herein contained shall be taken to prevent the ascertainment by proceedings at law, or otherwise, of the amount actually due for such labor and material, and such lien shall be for no larger sum than the amount actually due therefor.
SEC. 4. [Judgment on account.]-Every person holding any lien under this chapter may proceed to obtain a judgment for the amount of his account thereon by civil action. And when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit be finally determined and satisfied.
SEC. 5. [Completion of building by workmen.]-When the owner or owners of any house or building, or his or their agent, as described in this: chapter, shall suspend its progress or completion without the consent of such laborers, mechanics, or furnishers, or if the progress or completion of the same: be suspended by the decease of the owner or owners at a stage when from its unfinished state such structure would go to waste, the laborers, mechanics, and furnishers thereto, or any of them, may at their election, proceed with the same
SEC. 4. See 5 Neb. 410.