SEC. 14. [Custody of children.]-The court may in like manner, on the application of either party, make such order concerning the care and custody of the minor children of the parties, and their suitable maintenance, during the pendency of such suit, as shall be deemed proper and necessary, and for the benefit of the children. SEC. 15. [Same.]-Upon pronouncing a sentence or decree of nullity of a marriage, and also upon decreeing a divorce, whether from the bonds of matrimony or from bed and board, the court may make such further decree as it shall deem just and proper concerning the care, custody, and maintenance of the minor children of the parties, and may determine with which of the parents the children or any of them shall remain.

SEC. 16. [Same.]-The court may from time to time, afterwards, on the petition of either of the parents, revise and alter such decree concerning the care, custody, and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children shall require.

SEC. 17. [Real estate.]-Whenever nullity of a marriage or a divorce from the bonds of matrimony for any cause shall be decreed, or when the husband shall be sentenced to imprisonment for life, and also upon every divorce from bed and board, the wife shall be entitled to the immediate possession of all her real estate in like manner as if her husband were dead. [Amended 1887, chap. 38.]

SEC. 18. [Same.]-Upon every such dissolution of a marriage, as is specified in the preceding section, and also upon every divorce from bed and board, the court may make a further decree for restoring to the wife the whole, or such part as it shall deem just and reasonable, of the personal estate that shall have come to the husband by reason of the marriage, or for awarding to her the value thereof, to be paid by her husband in money. SEC. 19. [Trustees.]-Upon every divorce for adultery committed by the husband, and upon every divorce from bed and board for any cause, when any personal estate of the wife, or money in lieu thereof, shall be awarded to her, as provided in the preceding section, the court, instead of ordering the same to be delivered or paid into the hands of the wife, may order it to be delivered or paid into the hands of a trustee or trustees, to be appointed by the court, upon trust, to invest the same, and to apply the income thereof to the support and maintenance of the wife, and of the minor children of the marriage, or any of them, in such manner as the court shall direct.

SEC. 20. [Trustees to give bond.]-Such trustees shall also pay over the principal sum to the wife and children of the marriage, when ordered by the court, in such proportions and at such times as the court shall direct, regard being had in the disposition of said income, as well as of the principal sum, to the situation and circumstances of the wife and children; and the said trustees shall give such bonds as the court shall require for the faithful performance of their trust.

SEC. 21. [Examinaton of husband.]-Whenever the court shall think proper to award to the wife any of her personal estate, or any money in lieu thereof, in pursuance to the foregoing provisions, such court may require the husband to disclose, on oath, what personal estate has come to him, by reason of the marriage, and how the same has been disposed of, and what portion thereof still remains in his hands.

SEC. 22. [Alimony.]-Upon every divorce from the bonds of matrimony for any cause excepting that of adultery, committed by the wife, and also upon every divorce from bed and board, from any cause, if the estate and effects restored or awarded to the wife shall be insufficient for the suitable support and maintenance of herself and such 'children of the marriage as shall be committed to her care and custody, the court may further decree to her such part of the personal estate of the husband and such alimony out of his estate as it shall deem just and reasonable, having regard to the ability of the husband, the character and situation of the parties, and all other circumstances of the case. SEC. 23. [Dower.]-When the marriage shall be dissolved by the husband being

SEC. 14. See note to chap. 34.

SEC. 15.
SEC. 22.

Application to modify decree of divorce may be reviewed on error. 19 Neb., 586.
Alimony decreed, though divorce against wife. 26 Neb., 318.

SEC. 23. If wife make no demand for dower, and court in making a division of the property of the husband in the nature of permanent alimony awards a sum in gross to her, it will bar her claim for dower, unless a contrary intent is shown in decree. 18 Neb., 395.

sentenced to imprisonment for life, and when a divorce shall be decreed for the cause of adultery committed by the husband, or misconduct or drunkenness of the husband, or on account of his being sentenced to imprisonment for a term of three years or more, the wife shall be entitled to her dower in his lands in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce.

SEC. 24. [Rights of husband.]-When a divorce shall be decreed for the cause of adultery committed by the wife, the husband may hold such of her personal estate as the court shall deem just and reasonable under all the circumstances in the case, and the same shall be determined and decreed by the court at the time of the granting of such divorce. [Amended 1887, chap. 38.]

SEC. 25. [Repealed 1887, chap. 38.]

SEC. 26. [Security.]-In all cases where alimony or other allowance shall be decreed for the wife or for the children, the court may require sufficient security to be given by the husband for the payment thereof, according to the terms of the decree. And upon the neglect or refusal of the husband to give such security, or upon his failure to pay such alimony or allowance, his real or personal estate may be sold as upon execution for the payment of any sums due upon such decree. And in default of security for the payment of installments in future to fall due, the court may also appoint a receiver to take charge of his real or personal estate, or both, and hold the same, and the rents, issues, interests, and profits thereof, for security for the payment of installments in future falling due. And judgments and decrees for alimony or maintenance shall be liens upon the property of the husband, and may be enforced and collected in the same manner as other judgments of the court wherein they are rendered. [Amended 1883, chap. XLI. Took effect June 1, 1883.]

SEC. 27. [Decree.]-After a decree for alimony or other allowance for the wife and children, or either of them, and also after a decree for the appointment of trustees to receive and hold any property for the use of the wife or children, as before provided, the court may, from time to time, on the petition of either of the parties, revise and alter such decree respecting the amount of such alimony or allowance, or the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any decree respecting any of the said matters which such court might have made in the original suit.

SEC. 28. [Legitimacy of children.]-A divorce for the cause of adultery committed by the wife shall not affect the legitimacy of the issue of the marriage, but the legitimacy of such children, if questioned, may be determined by the court upon the proofs in the case; and in every case the legitimacy of all children begotten before the commencment of the suit shall be presumed until the contrary be shown.

SEC. 29. [Same.]-Upon the dissolution of a marriage on account of the non-age, insanity, or idiocy of either party, the issue of the marriage shall be deemed to be, in all respects, the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

SEC. 30. [Prior marriage.]—When a marriage is dissolved on account of a prior marriage of either, and it shall appear that the second marriage was contracted in good faith and with the full belief of the parties that the former wife or husband was dead, the fact shall be stated in the decree of divorce or nullity, and the issue of such second marriage, born or begotten before the commencement of the suit, shall be deemed to be the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

SEC. 31. [Consanguinity-Miscegenation.]-Upon the dissolution by decree or sentence of nullity of any marriage that is prohibited on account of consanguinity between 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

SEC. 27. Authority of district court to award alimony. 19 Neb. 587.

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 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.]-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.

SEC. 43.

Action for alimony only. 27 Neb. 277.

"An act relating to the custody of children in cortain 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 defendani 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. [Id. § 2.]

SECS. 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." Took effect Juno 5, 1885.

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 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 elecLaw should be contions and the filing of vacancies in office." Took effect September 1, 1879. Laws 1879, 240. strned so as not to disfranchise. Provisions not essential to a fair election, directory, only. 54 N. W. R., 113. 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. 4. See 10 Neb. 247.

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, 188, 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 O sec. 11, ch 13 a. 28 Id., 618. Construed with § 54. 34 Id., 84. Section not retrospective, and does not affect art. 4, § 4, ch. 18. 35 Id., 563.