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 marriage, 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; Provided, That all property of a married woman not exempt by law from sale on execution or attachment shall be liable for the payment of all debts contracted for necessaries furnished the family of said married woman after execution against the husband for such indebtedness has been returned unsatisfied for want of goods and chattels, lands, and tenements whereon to levy and make the same. [Amended 1887, chap. 49.]

SEC. 2. [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.

CHAP. 53.-Wife may become creditor of husband. 4 Neb. 170. 19 Id. 515. Wife may sue husband on his note. 9 Id. 22. Exempt property of husband may be transferred by him to his wife; wife may mortgage such exempt property. 16 Id. 460. Husband does not inherit from wife; cannot recover for death of wife. 13 Id. 286. In contest between wife and creditors of husband presumption is against her, which she must overcome by affirmative proof. 8 Id. 329. Lien of creditor preferred to equity of wife. 11 Id. 200. 6 Id. 260. Agreement by husband that wife will execute mortgage not enforced in absence of proof that she authorized it. 14 Id. 157. 3 Id. 209. Where mortgages on agreement by husband that wife would execute mortgage, entered satisfaction of prior mortgage given by wife, Held, That such satisfaction should be set aside. 14 Id. 157. Where wife ratifies acts of husband, having appointed him as her agent, she is bound. 6 Id. 377. 9 Id. 428. Husband may act as agent of wife. 6 Id. 376 Duty of husband to furnish a residence for wife. 21 Id. 489. Property transferred by husband to wife after debt contracted as against it, she must show by preponderance of proof that purchase was bona fide. 13 Id. 387. Where husband acquiesces in conveyance being made to wife, presumption is that he intends it as an advancement and not to create a trust. 13 Id. 456, 461. Deed to wife under facts stated, Held, Void. 6 Id. 264. 15 Id. 320, General rule; deed sustained on equitable grounds. 15 Id. 435. Deed to wife with understanding that she is to hold title for husband, equity will enforce trust after her death and compel heirs to execute it. 15 Id. 593; overruling 13 Id. 456. Deed of husband direct to wife in contemplation of divorce, of an undivided half of wild land. without entry by the wife or application to perfect her title, Held, To convey no interest to her, and a deed executed by her and her second husband seventeen years afterwards to convey no title to plaintiff, and his petition for partition of said land, dismissed. 21 Id. 144. Conveyance to wife in case stated, Held, Good, and creditor's bill by judgment creditor of husband dismissed. 16 Id. 641. Conveyance by aged husband to wife in trust for his support and that of the family not set aside because of disagreement and separation of parties; if wife convey to other parties, upon their separation, equity will require an accounting, and make such decree as will protect interests of both husband and wife. 18 Id. 309, 312. Deed of conveyance of real estate by husband direct to wife, in absence of fraud, and where neither rights of creditors nor subsequent purchasers intervene, will convey to her such real estate without the intervention of a third party as trustee, 21 Id. 671. Where husband and wife occupy homestead, title to which is in husband, deed from husband to wife, signed and acknowledged by him alone, is valid although not signed and acknowledged by wife. 21 Id. 671. Where wife purchased land for two thousand dollars, and made payment thereon of two hundred dollars, which was obtained from a married son, who testified that he raised the money, from sale of hogs and wheat from his own farm, court will not infer fraud in transaction from fact that a year previous husband and father had sold to son certain personal property. including hogs; particularly where a creditor living in same county treated such sale as valid by not attacking it. 23 Id. 419. 24 Id. 733. Contract between husband and wife, whereby he transfers his property to her upon condition that she will assume his debts, and pay the same out of property received from him, and property inherited: from her father, is valid, as against the husband. 22 Id. 707. In case stated where transfer of property took place in 1879, but there was no proof that the property so transferred was not exempt, Held, That to entitle the judgment creditor to recover judgment, fraud in the transfer from husband to wife must be established, and will not be presumed, particularly after the lapse of many years. 25 Id. 192. Where land was conveyed by husband and wife by warranty deed to trustees appointed by the will of her father, for the "sole and separate use and benefit" of the wife, etc., the consideration being derived from father's estate, a provision in deed that husband shall have the right to occupy, farm and control said lands for her (the wife)" does not create any estate in him, where there is no fraud. 18 Id. 438. Domicile of wife follows that of husband; proof of domicile of husband sufficient prima facie to establish that of wife. 19 Id. 711. Dealings between husband and wife in relation to wife's separate estate inherited from her father, viewed with suspicion when lessening security of creditors. 19 Id. 515. Same principles of law apply to dealings with husband and wife as those of strangers. Id. 516. Property of wife not liable to levy and sale for debts of husband; purchaser at such sale acquires no title, and is not entitled to possession as against owner or one claiming under her. 19 Id. 552. Property of wife levied upon to satisfy judgment against husband; evidence examined and writ of replevin by wife to recover such property, Held, Properly issued and sustained. 21 Id. 158. Mortgage by wife on her real estate to secure promissory note of husband, Held, Under facts stated, that there was sufficient consideration for the mortgage. 19 Id. 718. In case stated, Held, That proof fails to show duress or that the real estate was purchased with the money of the wife. 20 Id. 196. Fraudulent conveyance made by husband to wife, set aside after divorce and, Held, Subject to men for alimony. 20 Id. 59. Cases depending upon peculiar and particular facts affecting rights of husband and wife and creditors. & Id. 319, 329. 13 Id. 456. 15 Id. 593. 4 Id. 169. 9 Id. 52. 13 Id. 387. 11 Id. 53. Contract made in good faith on adequate consideration not fraudulent because of the mere fact that years afterwards husband was unable to pay

SEC. 3. [Suits.]-A woman may, while married, sue and be sued, in the same manner as if she were unmarried.

SEC. 4. [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.]

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his debts. 11 Id. 249. On creditor's bill, defense that husband purchased property with funds of wife is good. Id. 330. Suit by wife on note against administrator; husband competent witness. 9 Id. 402. Where return to a summons against husband and wife shows that husband was served personally, but fails to show that wife was summoned, it will not support a judgment by default against wife. 24 Id. 136. Husband deeded to wife one-half interest in their homestead; the wife afterwards abandoned husband; Held, That husband was entitled to a reconveyance. 24 ld. 531. Wife competent witness against husband under indictment for adultery. 17 Id. 529. Wife has benefit of exemption when husband absconds. 10 Id. 118. Wife not liable as surety on husband's note 10 Id. 86. Replevin by wife of property levied on as belonging to husband; evidence of wife as to how much money she had at marriage, and who worked farm that she claimed, and also of transfer of farm to her after recovery of judgment, Held, Admissible. 10 Id. 446. Common law in force. 6 Id. 264. Disability of wife being removed by statute of 1871, she no longer comes within protection of Sec. 602, code. 6 Id. 187. Notice to wife of equitable interest of third party in land conveyed to her, Held, Good. 9 Id. 427. Wife may sue alone for Injuries to her person. 7 Id 486. Deed of wife not acknowledged is void. 5 Id. 176. Death of husband caused by Intoxication from liquor furnished by defendants; suit by wife for loss of means of support may be brought in her own name and those of her children. 9 Id. 314. 13 Id. 409, 432. On facts stated, Held, That wife of deceased partner was not liable in action for conversion of partnership property. 11 Id. 599. Judgment on facts stated. i5 Id. 349. Homestead claim of wife. 16 Id. 688. Mortgage by husband alone; second mortgage by husband and wife, foreclosed, sale had and confirmed, but proceeds insufficient to satisfy first mortgage, Held, That wife's right of dower was barred. 17 Id. 380. Wife who has not signed mortgage, if made defendant in foreclosure suit must assert her inchoate right of dower, or she will be barred by decree. 17 Id. 380. Where husband conveys real estate while wife is non-resident, she has no dower interest therein. 18 Id. 475. Conveyance by husband to defeat alimony. Id. 476, Liability of husband for libelous letter written by wife. 18 Id. 578. In action of replevin by wife for property levied on by execution against husband, there being no evidence of agency, Held, That certain statements of husband were inadmissible in evidence to sustain execution levied. 25 Id. 750. Instructions to jury relative to transactions between husband and wife, while correctly stating the law, Held, Properly refused, not being applicable to the evidence. Id. 749. Where wife rents a farm, manages planting, cultivation, and gathering of crops, paying for hired help, and paying rent, crops in her possession are her property and not liable for her husband's debts. Id. 755. Wife's separate estate not liable for medical services in case stated. 8 Neb. 359. Husband having furnished support, cannot after divorce on ground of invalidity of marriage, make same a charge on her separate estate. 13 Id. 90. Not liable for debts of husband since 1875. 14 Id. 264. See 21 Id. 158. 24 Id. 138. 25 Id. 658, 753. Wife may control; may sell, give away or mortgage it; wife bound as a feme sole on all contracts relative to her separate business or property. 4 Id. 315. Wife may give note. 5 Id. 245. 6 Id. 363. Wife not liable on note unless same is given upon faith and credit of her separate estate. 10 Id. 312. 8 Id. 269. Wife not liable on mortgage given to secure husband's note. 11 Id. 452. On facts stated, Held, The estate of wife was in equity bound for debt of husband secured by mortgage. 12 Id. 468. Husband listing wife's property in his own name not conclusive on question of ownership. 12 Id. 395. Property acquired by wife under facts stated, Held, Not liable for debts of husband. Id. Wife's property, Held, Liable for lien of mechanic. 31d. 452. A mortgage executed by a wife upon her separate estate, to secure a debt owning by the husband, for money embezzled by him, is not executed under duress, although done to prevent his being convicted and sent to the penitentiary. 15 Id. 651. Wife bound by covenant in deed. 17 Id. 666. In a power of attorney, the words. "it being intended to convey hereby all my right, title, and interest in and to the above described real estate," were to be construed as anthority to the husband to convey the property of the wife. 24 Id. 259. 25 Id. 650. Wife executing deed in blank, delivering same to husband, who sells the property, fills blanks, and delivers deed to grantee, wife receiving consideration will thereby ratify sale and conveyance. 24 Id. 763. Possession of property of wife by husband; receiving by husband of money of wife, as agent or trustee, with the purpose of investing it in real estate in the name of the wife, would not be such reduction, if the investment were made prior to the existence of the indebtedness, to the satisfaction of which the property is sought to be appropriated. 17 Id. 353. Real estate purchased with money inherited by wife from estate of her father and placed in the hands of husband as agent for purpose of investing it in real estate in the name of and for the wife, will be held liable for separate debts of husband, where the money was invested in such real estate after the passage of the act of 1871 relative to the rights of married women, and before the existence of the indebtedness of the husband, for the satisfaction of which the property is sought to be applied. Id. Rights of wife in property belonging to her stated; husband not entitled to any compensation for services rendered for taking care of wife's separate property. 19 Id. 80. In action on note against married woman. Held, That as her non-liability can arise only from inability to enter into the contract, she must by answer show that such contract did not concern her separate property, trade or business. 20 Id. 456. Separate property of wife not subject to seizure upon flual process against husband, even though in the management and use thereof husband was permitted to have charge of it, and same listed for taxation in his name. 25 Id. 155, Certain money in hands of garnishee, Held, Exempt at suit of wife. 25 Id. 658.

CHAPTER 54.—MECHANICS' AND LABORERS' LIENS.

ARTICLE 1.-MECHANICS' LIEN.

SECTION 1. [Who entitled to liens.]-Any person 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.]

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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 tractor 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

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." Laws 1885, chap. 62. Act is constitutional. 17 Neb. 390. Lien exists only by virtue of statute; statute liberally construed. 4 Id. 59. Lien secured by provisions of section 2, chap. 59, of the Laws of 1881, does not depend upon the terms of a contract or agreement expressed or implied with owner of such house, etc., or his agent mentioned in first section of said act. 24 Id. 121. The above named act, Held, Not to to be in derogation of the provisions of the constitution of the United States, which prohibits the several states from passing "any law impairing the obligation of contracts," by reason of its provisions being construed to apply to buildings already under contract at the time of taking effect of said act, so as to give a lien thereon for all labor, skill, and material furnished after taking effect of said act. Id. Is assignable. 4 Id. 57. Mere inchoate right to mechanic's lien not assignable; lien passes with assignment of debt only where it has been perfected under statute. 21 Id. 462. Does not apply to public buildings. 2 Id. 6. 3 Id. 405. No valid claim exists in favor of sub-contractor if building is not subject to lien. Id. On property of married woman under contract with husband, wife giving directions, etc.; lien, Held, Good. 3Id 452. 13 Id. 522. Lien perfected by filing statement of amount due with county clerk within sixty days from time of furnishing material. 21 Id. 147. All payments within sixty days, by owner of building to original contractor, will be at his own risk; and as against one furnishing material for construction of building, the fact that original contractor is indebted to owner will not prevent material man from enforcing his lien for such material against such building and Iɔt on which it stands. Id. Where a mechanic enters into a contract to erect buildings for specified sum, the contract being entire, he need not make a detailed statement of his labor and materials, but the entire job may be set down as a single item. 16 Id. 156. Purchaser of lots liable to claim of. Id. 156. Apportionment of lien bet ween two owners; delivery of material at different dates is but one delivery; apportionment of payments made by contractor. 17 Id. 398. The lien of a material man for materials furnished for the erection of a building under an agreement with the contractor extends only to such materials as were used in or delivered at the building fer use therein. 17 Id. 633, 635. Certain clause in contract for erection of grain elevator, Held, Not a waiver of right to. 15 Id. 37. Oath to account for, may be made by agent. Id. 38. Lumber or other building material, sold on general account, without regard to any particular building. Id. 37. Vendor may have, when Id. 38. The right of a material man under the mechanic's lien law to money going to a contractor, is superior to that of an ord uary creditor under proceedings in garnishment. 15 Id. 85. Failure to attest account for; waiver. Id. Does not xist antil statute complied with; prior thereto mechanic has no such interest in the real estate as would require a elinquishment in writing under the statute of frauds. 19 Id. 406. Under facts stated, Held, That lumber was farnished at the date of the notification of the lumber dealer by the contractor that he had used said "lumi er in the building, and to charge it up." 19 Id. 733. Account of balance due, Held, Sufficient. 15 Id. 639. Does not exist so as to entitle party to redeem mortgage, etc. 1 Id. 427. Refusal of sub-contractor to finish his job u ader original contractor who had failed; evidence showing that owner had thereupon employed sub-contractor to complete the work under his direction; foreclosure of lien sustained. 25 Id. 488. Affidavit describing improve.aent as situated on "southwest corner" of a specified lot and block is sufficient. 22 Id. 129. Affidavit describing more land than is subject to lien not fatal. Id. 130. Where affidavit alleged that lumber was sold to A for B, owner of the property, and it was shown upon trial that material was furnished for express purpose of making an improvement upon the property of B. these facts will support a finding that the material was sold upon a contract, to be used in the improvement named. Id. 130. Affidavit for examined and, Held, Sufficient. 22 Id 659. Party who has sold premises is not necessary party to foreclosure of; lien not lost if mechanic fail to file copy of contract, where he is prevented from doing so by wrongful act of owner of premises. 3 Id. 451. Petition to foreclose, Held, Good. 11 Id. 387. Buildings erected on adjoining lots under an entire contract are liable to, and in action to foreclose the cost and expenses will be apportioned among the lots according to the value of labor and material expended on each. 16 Id. 156. Petition may be amended and new parties brought in after the expiration of two years from time lien accrued. Id. 641. Foreclosure; case stated and remanded to district court to adjust equities between parties. Id. 629. Relief sought does not constitute separate cause of action. 11 Id. 396. While owner of building is liable to material men and laborers for material furnished or labor performed for contract on such building, yet, as a different rule prevails for asserting such len, owner may plead as a defense that labor or material was furnished to contractor and that no lien has been obtained, 22 Id. 686. Evidence examined and decree of court below, refusing lien, affirmed. 22 Id. 203. Answer consisting of general denial is a denial of the allegations of the sale of the material and the ownership of the real estate upon which the lien is sought to be established and the burden of proof is upon plaintiff. 20 Td. 164. Party not entitled to jury trial. 15 Id. 437. Jurisdiction; service of summons necessary. 9 Id. 536. Stay of execution not granted on mere request: bond must be given. 10 Id. 589. In case stated petition examined and, Held, To state a cause of action. 25 Id. 90. Actual application of materials immaterial; material furnished sub-contractor to build shanty for workmen. 28 Id. 39. Lien lies though notes given in payment. 28 Id. 591. Owner cannot be sued till time to fille liens expires. 46 N. W. R. 1125. Damages offset to lien. 46 N. W. R. 1125. Priority with vendor's lien. 28 Neb. 8. 46 N. W. B. 80, 1123, 1125.

fixtures, together with a description of the land upon 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 register of deeds 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 herein before 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 sub-contractor, 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 register of deeds 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. [Amended 1887, Chap. 30.]

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 office of the register of deeds 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 register of deeds 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 register of deeds 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. [Amended 1887, Chap. 30.]

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

SEC. 4. See 5 Neb. 410.