The Compiled Statutes of the State of Nebraska, 1881

the parties, or of any marriage between a white person and a negro, the issue of the marriage shall be deemed to be illegitimate.

SEC. 32. [Penalties.]-If any persons, after being divorced from the bonds of matrimony, for any cause whatever, shall cohabit together, they shall be liable for all the penalties provided by law against adultery.

SEC. 33. [Petition to annul marriage.]-A petition to annul a marriage on the ground that one of the parties was under the age of legal consent, may be exhibited by the parent or guardian entitled to the custody of such minor, but in no case shall such marriage be annulled on the application of a party who was of the age of legal consent at the time of the marriage, nor when it shall appear that the parties, after they had obtained the age of consent, had freely cohabited as man and wife.

SEC. 34. [Same.-A petition to annul a marriage on the ground of insanity or idiocy, may be exhibited by any person admitted by the court to prosecute as the next friend to such idiot or lunatic.

SEC. 35. Lunatic.-The marriage of a lunatic may also be declared void upon the application of the lunatic, after the restoration of reason, but in such case no sentence of nullity shall be pronounced, if it shall appear that the parties freely cohabited as husband and wife, after the lunatic was restored to a sound mind.

SEC. 36. [Force or fraud.]—If there shall be any issue of a marriage, annulled on the ground of force or fraud, the court shall decree their custody to the innocent person, and may also decree a provision for their education and ⚫ maintenance out of the estate and property of the guilty party.

SEC. 37. [Physical incapacity.]-A suit to annul a marriage on the ground of the physical incapacity of one of the parties, shall only be maintained by the injured party against the party whose incapacity is alleged, and shall, in all cases, be brought within two years from the solemnization of the marriage.

SEC. 38. [Confession and admission.]-No decree of divorce and of the nullity of a marriage shall be made solely on the declarations, confessions or admissions of the parties, but the court shall, in all cases, require other satisfactory evidence of the facts alleged in the petition for that purpose.

SEC. 39. [In what cases court may deny divorce.j-In any suit brought for a divorce on the ground of adultery, although the fact of adultery be established, the court may deny a divorce in the following cases: First. When the offense shall appear to have been committed by the procurement, or with the connivance of the complainant. Second. When the offense charged shall have been forgiven by the injured party, and such forgiveness be proved by express proof, or by the voluntary cohabitation of the parties with the knowledge of the offense. Third. When there shall have been no express forgiveness, and no vol. untary cohabitation of the parties, but the suit shall not have been brought within five years after the discovery by the complainant of the offense charged.

SEC. 40. [Order for maintenance.]-In case of an application for a divorce from bed and board, although a decree for such divorce be not made, the court may make such order or decree for the support and maintenance of the wife and children, or any of them, by the husband, or out of his property, as the nature of the case may render suitable and proper.

SEC. 41. Revocation of decree.-When a decree of divorce from bed and board forever, or for a limited time, shall have been pronounced, it may be revoked at any time thereafter, under such regulations and restrictions, as the court may impose, upon the joint application of the parties, and their producing satisfactory evidence of their reconciliation.

SEC. 42. [Residence of wife.-If any married woman, at the time of exhibiting a petition against her husband, under the provisions of either of the last two sections, shall reside in this state, she shall be deemed an inhabitant thereof, although her husband may reside elsewhere.

SEC. 43. [Custody of children.]—When, from any cause, a husband and wife shall separate, and the wife shall claim possession of any child or children who may be the fruit of such marriage, not exceeding twelve years of age, said wife shall apply to the probate judge of the county wherein said husband and wife resided at the time of their separation, or in which the mother may reside at the time of said application for the custody of said child or children. The probate judge shall give said husband notice of the application, together with the time set for hearing the cause, which time shall not be less than three days from the service of the notice, and the notice may be served by leaving a copy at the usual place of residence of the husband. [12 Sess. Ter., 1867 § 1, 18.]

SEC. 44. [Same.]—If it shall appear that said mother is able to provide for the maintenance of such child or children, and should under the proof presented be awarded the custody of such child or children, the probate judge shall order that such child or children shall remain in the custody of the mother, until the custody of such children shall be otherwise ordered by the district court; Provided, That such order shall never be made when it shall appear by the proof that the wife is the offending party. [Id. § 2.]

SEC. 45. [Marriage after divorce.]-It shall be unlawful for any person who shall obtain a decree of divorce to marry again during the time allowed by law for commencing proceedings in error or by appeal for the reversal of such decree, and in case such proceedings shall be instituted it shall be unlawful for the defendant in error or appellee to marry again during the pendency of such proceedings, and a violation of this act shall subject the party violating it to all the penalties of other cases of bigamy. [1885, chap. 49.]

SEC. 46. [Limitation of action.]--No proceedings for reversing, vacating or modifying any decree of divorce, except in so far as such proceedings shall affect only questions of alimony, property rights, custody of children, and other matters not affecting the marital relations of the parties shall be commenced unless within six months after the rendition of such decree, or in case the person entitled to such proceedings is an infant, a person of unsound mind, within six months, exclusive of the time of such disability.

CHAPTER 26.-ELECTIONS.

SECTION 1. [When held.]—The general election of this state shall be held on Tuesday succeeding the first Monday in November of each year. [1879, 240.] SEC. 2. [Officers to be elected.]-All state, district, county, precinct and township officers, by the constitution and laws made elective by the people, except school district officers, and municipal officers in cities and villages, shall be elected at a general election to be held at the time provided in the preceding section.

SEC. 3. [Qualifications of voters.]-Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state six months, in the county forty days, and in the precinct, township, or ward ten days, shall be an elector. First. Citizens of the United States. Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization at least thirty days prior to an election.

SEC. 4. [Disqualification.-No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

SEC. 5. [Soldiers and sailors.]-No soldier, seaman, or marine in the army and navy of United States, shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 43. "An act relating to the custody of children in certain cases." Laws 12th Sess. Ter., 18.

SEC'S. 45, 46. "An act to prevent the marriage of divorced persons during the time allowed for proceedings to reverse the decree of divorce, and during the pendency of such proceeding, and to fix the time within which such proceedings may be commenced."

SEC. 6. [Privileges.]—Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger. SEC. 7. [Officers elected.]-One judge of the supreme court, and two regents of the university shall be elected in the year 1879, and every second year thereafter, who shall serve for the term of six years. Judges of the district court shall be elected in the year 1879, and every four years thereafter. The governor, heutenant-governor, congressmen, state treasurer, auditor of public accounts, secretary of state, attorney general, commissioner of public lands and buildings, superintendent of public instruction, one district attorney for each judicial district and members of the legislature shall be elected in the year 1880, and every second year thereafter. In counties not under township organization, one county judge, one sheriff, one coroner, one county treasurer, one county clerk, one county surveyor, and one county superintendent of public instruction shall be elected in the year 1879, and every second year thereafter, and in each precinct two justices of the peace and two constables shall be elected in the year 1879, and every second year thereafter, except as hereafter in this section provided, and three judges and two clerks of election, one assessor and one overseer of highways for each road district shall be elected in the year 1879, and annually thereafter, and one county commissioner shall be elected annually, who shall serve three years. In counties under township organization, one county judge, one sheriff, one coroner, one county treasurer, one county clerk, one county surveyor, and one county superintendent of public instruction, shall be elected at the first general election after the adoption of township organization, and every second year thereafter. At the first general election in each township after the adoption of township organization, one supervisor, one town clerk, one town treasurer, three judges and two clerks of election, one assessor and one overseer of highways for each road district, shall be elected, and annually thereafter; and two justices of the peace and two constables shall be elected at said election, and every second year thereafter, except as hereafter in this section provided; and at the first general election after the adoption of township organization in any county, in each city and in each village, one supervisor for every one thousand inhabitants therein, one assessor, three judges and two clerks of election, shall be elected and annually thereafter; and in each ward, and in each village having more than five hundred inhabitants, two justices of the peace and two constables, shall be elected at said election, and every second year thereafter. In each county having a population of eight thousand (8,000) inhabitants, or more, there shall be elected in the year 1879, and every four years thereafter, a clerk of the district court in and for such county, and in each county having a population of less than eight thousand (8,000) inhabitants the county clerk shall be ex-officio clerk of the district court, and perform all duties devolving upon that officer by law. All county, precinct, and township officers created by statute, or that may be hereafter created, shall be elected at such general elections as may be provided in the law creating the office or offices; Provided, however, That in all cities of the first-class, there shall be but three justices of the peace and no more, for each of such cities, and for the purpose of establishing this plan it shall be the duty of the county board of the county in which such city or cities shall be situated, on or before the first day of September, 1885, in counties in which there is a city already of the firstclass, and in all other counties on or before the first of September, after which a city therein shall become a city of the first class, to divide such city into three districts, numbered respectively, one, two and three, and shall be composed of

NOTE. "An act to provide a general election law, the procedure relative to contested elections, and the filling of vacancies in office." Took effect September 1, 1879. Laws 1879, 240. SECS. 1, 2. Cited 16 Neb. 567. 14 Id. 574.

SEC. 4. See 10 Neb. 247.

SEC. 7. Clerks district court. 10 Neb. 507. 11 Id. 173, 176. 12 Id. 252.

township organization. 16 Neb. 568,

Officers in counties under

two or more wards or voting districts as the case may be, comprising compact and contiguous territory and embracing as near as may be possible onethird of the population of such city and not subject to alteration oftener than once in four years; and one justice of the peace shall be elected from each of said districts by the qualified electors of said district, who shall provide and maintain an office or place for holding court in the district in which he shall have been elected. And it shall be the farther duty of said county board after they shall have established the districts as aforesaid; and thirty (30) days prior to the next election at which justices of the peace are to be elected to publish, three times, in some newspaper printed and of general circulation in said city, a notice of the fact that such districts have been established, describing the same by boundaries, and also prepare and file in the office of the county clerk a plat showing and describing the boundaries of the respective districts aforesaid; the costs of which publication and plat to be paid by the county. And for the neglect or refusal of the county board to attend to all or any of the duties herein mentioned, each member thereof shall be deemed guilty of malfeasance in office and be fined as by law now provided. [Amended 1885, chap. 50.]

SEC. 8. [Presidential electors.]-Electors of president and vice-president shall be elected at the general election in the year 1880, and every four years thoreafter, on such day as congress may appoint, said electors to be chosen from the state at large.

SEC. 9. [United States senator.]-At the general election immediately preceding the expiration of the term of a United States senator from this state, the electors shall, by ballot, express their preference for some person for the office of United States senator. The votes to be canvassed and returned in the manner hereinafter provided.

SEC. 10. [County treasurer.]-A county treasurer shall be ineligible to office for more than two consecutive terms. [See 13 Neb. 534.]

SEC. 11. [Proclamation.]—Thirty days previous to any election at which any state officer is to be elected, the governor shall issue his proclamation designating all the offices to be filled by the vote of all the electors of the state, or by those of any congressional, legislative, or judicial district, and transmit a copy thereof by mail to the county clerk of each county.

SEC. 12. [Notice.]-At least twenty days previous to any election, the county clerk, in counties not under township organization, shall make out and deliver to the sheriff of his county, or in counties under township organization, to the several town clerks, and to city clerks in cities of the first and second class, three notices thereof for each precinct, township, or ward in which the election in such county is to be held. The notices shall be substantially as follows:

"Notice is hereby given, that on Tuesday, the day of November, -, next, at the house of an election will be held for governor, etc., (naming all the state and other officers to be balloted for), which election will be open at eight o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day.

Dated this

day of

A. D. 18—.

A. B., County Clerk.

SEC. 13. [Posting notices.]-The said sheriff, or town or city clerk to whom the notices are delivered, shall post up in three of the most public places in each precinct, township or ward, the three notices therefor, at least ten days before the time of holding any election.

SEC. 14. [Opening polls.]-At all elections the polls shall be opened at eight o'clock in the morning, and close at six o'clock in the afternoon of the same day; but if the judges and clerks shall not attend at the hour of eight o'clock in the morning, or if it shall be necessary for the electors present to appoint judges and clerks, or any of them, as hereinafter prescribed, the polls may, in that case, be opened at any time before the time for closing the same shall arrive, as the case may require.

SEC. 15. [Oath of officers.]-Previous to any vote being taken, the judges

and clerks of election shall severally take an oath or affirmation according to the form prescribed in chapter on official bonds.

SEC. 16. [Administering oath.]-In case there shall be no judge or justice of the peace present at the opening of the polls, it shall be lawful for the judges of election to administer the oath or affirmation to each other and the clerks of election; and the person administering such oath or affirmation shall cause an entry thereof to be made and subscribed by him, and prefixed to each poll book.

SEC. 17. [Vacancies.]-In the event of any person or persons elected, or that have been appointed as herein provided for, shall not attend at the time and place of holding such election, the electors present shall choose the requisite number of persons to fill the respective offices of clerks and judges of election, and the person or persons thus chosen shall qualify as provided in the last two preceding sections.

SEC. 18. [Proclamation.]-Upon opening the polls, one of the judges of election shall make proclamation of the same, and at least thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour.

SEC. 19. [Ballot box.]-Before any ballot shall be deposited in the ballot box the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls; and the ballot box shall not be removed from the view of the electors present until the polls are closed and all the votes shall have been counted and canvassed; nor shall two of the judges be absent from the room or building in which the election is held, at the same time, during such voting and canvassing.

SEC. 20. [Form of poll books.]-The county clerk, previous to the opening of the polls, shall prepare duplicate poll books, in the manner and form following:

Poll books of an election, held in

ward, in

county, on the

precinct, day of

township, or A. D. -, at which time A. B., C. D., and E. F., were judges, and G. H., and I. K., were clerks of said election-the following named persons voted thereat:

NUMBERS AND NAMES OF ELECTORS.

No. 1. A. B.

No. 2. C. D.

No. 3. E. F.

No. 4. G. H.

We do hereby certify, that the above is a true list of the persons voting at the above named election.