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.]

CHAPTER 52.-MARRIAGE.

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, 167.1

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. Marriage during non-age 19 Neb 430. Marriage may be proved by eye-witness. 17 Neb. 529.

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, that 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 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 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.

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.]

CHAPTER 54.-MECHANICS' AND LABORERS' LIENS.
ARTICLE I.—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.]

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, 460, 635, 686. 17 Neb. 353, 380, 666. 18 Id. 309, 312, 438, 475, 578. 19 Id. 80, 431, 515, 552, 711, 718. 20 Id. 59, 196, 456. 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." 11 Neb. 381, 395. 13 Id. 286, 522. 15 Id. 82, 114, 436, 637. 16 Id. 153. 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. 17 Neb. 390, 398, 633, 635. 19 Id. 406, 733. 20 Id. 164.

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. 80.1

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 herein before 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 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.

at their own cost, so far as to enclose such building, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and plan of the owner or owners.

SEC. 6. [Defective title-Lease.]-If the person or persons who may erect as owner or owners, any building described in first section of this chapter be not, at the suspension or completion of the same, possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture), and the fact of such defect of title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture.

SEC. 7. [Lease of premises by order of court.]-In all other cases of judgment or judgments obtained in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other cases, having been once duly offered, the court before whom such judgment or judgments may be obtained, may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do, and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands.

SEC. 8. [Lien how discharged.]-All liens may be discharged by the payment of debt or judgment with all legal costs before the property on which fiens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge from such lien, then such lien holder or holders shall forfeit all liens and pay all cost.

SEC. 9. [Owner beyond process.]-If the owner or owners of the property which is subject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judgment on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter.

SEC. 10. [Rights of executors.] Executors and administrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have if living.

SEC. 11. [Fees of county clerk.]-The county clerks, for filing and recording contracts and accounts under this chapter, shall be paid the same tees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order.

SEC. 12. [Release of lien-Penalty.]-Each and every person in favor of whom any such lien has existed after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by reason of such claims, shall at the request of any person interested in

SEC. 7. If a party is prevented from making the account by the wrongful act of the one for whom the labor is performed, he will not lose his lien. 3 Neb. 451.