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 the 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 hullity 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.]-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 voluntary 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 SEC 33. Cited 19 Neb. 431. SEC 40. Action for alimony only. 27 Neb. 277. SEC. 43. "An act relating to the custody of children in certain cases." Laws 12th Sess. Terr., 18. 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. Terr., 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 affect ing 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. Id. § 2.] SECS. 45, 46. An act to prevent the marriage of divorced persons during the time allowed for proceedings to reverse the decrce of divorce, and during the pendency of such proceeding, and to fix the time within which such proceedings may be commenced." Took effect June 5, 1885. CHAPTER 26.-ELECTIONS. SECTION 1. [When held.]-The general election of this Tuesday succeeding the first Monday in November of each year. state shall be held on [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 twentyone 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. SecondPersons 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 the United States shall be deemed a resident of the state in consequence of being stationed therein. 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 (1) judge of the supreme court and two regents of the university shall be elected in the year eighteen hundred seventy-nine (1879) and every second year thereafter, who shall serve for the term of six (6) years. Judges of the district court shall be elected in the year eighteen hundred seventy-nine (1879) CHAP. 26. Secs. 1-125. “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. 126-157. "An act to promote the independence of voters at public elections, to enforce the secrecy of the ballot, and to provide for the printing and distribution of ballots at public expense." Took effect March 5, 1891. Laws 1891, chap. 24. SECS. 1, 2. Cited 16 Neb. 567. 14 Id. 574. 24 Id. 506. SEC. 3. Cited 14 Neb. 574. Indians who are U. S. citizens. 28 Neb. 438. SEC. 7. Two amendments were made to this section in 1889, both substantially alike with the exception of the last proviso relative to election of justices of the peace in cities of the metropolitan class. One of these amendments was approved by the governor March 21, 1889. Laws 1889, chap. 21. The other was approved by the gov -ernor March 30, 1889. Laws 1889, chap. 22. Under a generally well known rule in the construction of statutes that where there is a conflict the last act in point of time prevails, the amendment of March 30, 18%, would seem to be the prevailing one, and it is that amendment which is given in the text. Clerks district court. 10 Neb. 607. 11 Id. 173, 176. 12 Id. 252. 21 Id. 219. Officers in counties under township organization. 16 Neb. 568. Justices in -cities of first class. 20 Neb. 376. Section modifies sec. 9, art. 2, ch. 14. 28 Neb. 169. Repeals in part last proviso of sec. 11, ch. 13a. 28 Id. 618. and every four (4) years thereafter. The governor, lieutenant-governor, congressmen, state treasurer, auditor of public accounts, secretary of state, attorney-general, commissioner of public lands and buildings, superintendent of public instruction, and members of the legislature shall be elected in the year eighteen hundred and eighty (1880) and every second year thereafter. In counties not under township organization, one (1) county judge, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, one (1) county superintendent of public instruction shall be elected in the year eighteen hundred seventy-nine (1879) and every second year thereafter, and in each precinct two (2) justices of the peace and two (2) constables shall be elected in the year eighteen hundred and seventy-nine (1879) and every second year thereafter, except as hereinafter provided, and three (3) judges of election and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways for each road district shall be elected in the year eighteen hundred seventy-nine (1879) and annually thereafter, and one (1) county commissioner shall be elected annually, who shall serve three (3) years. In counties under township organization, one (1) county judge, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, and one (1) 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 (1) town clerk, one (1) town treasurer, three (3) judges, and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways in each road district shall be elected annually thereafter; and two (2) justices of the peace and two (2) constables shall be elected at said election, and every second year thereafter, except as hereafter in this section provided; and at said election, one supervisor shall be elected in each township, and thereafter each odd numbered year, in the odd numbered townships, and each even numbered year, in the even numbered townships, said townships tobe numbered by the county board at their first regular meeting, after the passage of this act, or the subsequent adoption of township organization, as nearly as practicable, in the same manner as government sections are numbered in a government township. And at the first general election after the adoption of the township organization, in any county, there shall be elected in each city and each village, having one thousand (1,000) inhabitants or over, one supervisor for each four thousand (4,000) inhabitants therein, one (1) assessor, three (3) judges, and two (2) clerks of election, and annually thereafter, and in each city, and in each village, having more than five hundred (500) inhabitants, two (2) justices of the peace and two (2) constables shall be elected at said election and every second year thereafter. Provided, however, That in all cities of the metropolitanclass there shall be six (6) justices of the peace, and six (6) constables for each of said met. ropolitan cities and no more. And in all cities of the first class having less than eighty thousand (80,000) and more than twenty-five thousand (25,000) inhabitants there shall be elected three (3) justices of the peace and three (3) constables for each of such cities and no more. In each county having a population of eight thousand (8,000) inhabitants or more, there shall be elected in the year eighteen hundred seventy-nine (1879) and every four (4) 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 the duties devolving upon the officer by law. All county, precinct, and township officers created by statute or that may be hereinafter created shall be elected at such general election as may be provided in the law creating the office or offices. [1885, chap. 50. Amended, 1889, chap. 22. 1891, chap. 23.] 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 thereafter, 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 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. senator. 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: in next, at "Notice is hereby given, that on Tuesday, the- -day of November,the house ofan 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 cluations 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 SEC. 10. Cited 13 Neb. 533. SEC. 11. Issuance of proclamation directory. 47 N. W. R. 704. 16 |
