times open to the inspection of the public; all druggists to whom such permit may be granted shall on the first Monday of January and July of each year file in the office of the clerk of the authorities granting such permits, a report of all entries made in said register as contemplated in this section since his last report, which report shall be subscribed and sworn to as correct by said druggist, and that he has not sold or given away either by himself, clerk or agent, any liquors other than as stated in said report. Any druggist failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, for earl and every offense shall be fined in any sum not less than twenty dollars ($20) nor more than one hundred ($100) dollars and be imprisoned in the county jail not less than ten days nor more than thirty days in the discretion of the court.

SEC. 27. [False statements.]-It any one purchasing intoxicating liquors. of a person authorized to sell, shall make to such person any false statement regarding the use to which such liquor is intended by the purchaser to be applied, such person so obtaining such liquor shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit and pay a fine of ten dollars, together with costs of prosecution, or shall stand committed until the same is paid. For the second offense he shall pay a fine of twenty dollars and costs of prosecution, and be imprisoned in the county jail not less than ten days, nor more than thirty days.

SEC. 28. [Intoxication-Punishment.--If any person shall be found in a state of intoxication he shall be deemed guilty of a misdemeanor, and any peace officer may, without warrant, and it is hereby made his duty to take such person into custody, and to detain him in some suitable place till an information can be made before a magistrate and a warrant issued in due form, upon which he may be arrested and tried, and, if found guilty, he shall pay a fine of ten dol lars and the costs of prosecution, or shall be imprisoned in the county jail not more than thirty days. But the magistrate before whom such person is tried and convicted may remit any portion of such penalty, and order the prisoner to be discharged upon his giving information under oath, stating when, where and of whom he purchased or received the liquor which produced the intoxication, and the name and character of the liquor obtained. In cases arising under this sec tion appeals may be allowed as in cases of ordinary misdemeanor within the jurisdiction of the justices of the peace.

SEC. 29. Saloons open to view.]-It shall be the duty of all vendors of malt, spirituous, or vinous liquors, under the provisions of this act, to keep the windows and doors of their respective places of business unobstructed by screens, blinds, paint, or other articles, and any person offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $25, or be imprisoned in the county jail not less than ten days, or both, at the discretion of the court, and shall have his license revoked by the same authority granting the same.

SEC. 30. [Acts repealed.]—That chapter 53 of the code of criminal procedure of the general statutes 1873, entitled, "License and sale of liquors," and an act entitled "An act to amend section 575 of chapter 58 of the criminal code," approved February 9, 1875, and an act entitled "An act to regulate the issuance of license for, and the sale of malt, vinous, and spirituous liquors in the state of Nebraska,” approved February 25, 1875, be and the same are hereby repealed.

TREATING IN SALOONS.

SEC. 31. [Treating in public place.]-All persons are prohibited from treating or giving away any liquor, beer, wine or intoxicating beverage whatever, purchased and to be drank in any saloon, or other public place where such liquors or beverages are kept for sale. [1881 § 1, chap. 62.]

SEC. 32. [Same-Penalty.]-Any person treating of [or] offering to treat any other person, or accepting, or offering to accept any treat or gift of any intoxSECS. 31-2. "An act to prevent treating in saloons and other public places." Approved Feb. 28. Took effect June 1, 1881.

icating drink whatever in any saloon or public place where such liquors are kept for sale, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be subject to a fine of ten dollars, or imprisonment in the common jail of the county for ten days, or both at the discretion of the court; and in addition thereto shall pay into said court the sum of fifteen dollars, to be paid to the attorney prosecuting the case if there be one; and if no attorney prosecutes, then to be paid in the school fund of the county in addition to the fine. [Id. § 2.]

SEC. 33. [Sale of liquors prohibited in certain cases.-That no person shall sell, or expose for sale, give, barter, or otherwise dispose of, in any way or at any place, any spirituous or other liquors, or any article of traffic whatever, at or within the distance of three miles from the place where any religious society or assemblage of people are collected or collecting together for religious worship in any field or woodland; Provided, That nothing in this act shall effect tavern keepers from exercising their calling, nor distillers, manufacturers, or others in prosecuting their regular trades, at their places of business, or any persons dispos ing of any ordinary articles of provisions, excepting spirituous liquors, at their residences, nor any person having written permit from the trustees or managers of any such religious society or assemblage, to sell provisions for the supply of persons attending such religious worship, their horses or cattle, such persons acting in conformity to the regulations of said religious assembly and to the laws of the state. [1877 § 1, 6.]

SEC. 34. [Penalty.]--That any person found guilty of committing a breach of the provisions of this act shall forfeit and pay for every such offense, a fine of not less than twenty nor more than one hundred dollars, into the county treasury of the county within which such offense is committed, for the use of the common schools in said county, and any county judge, sheriff, coroner, or justice of the peace, shall, upon view or information and with or without warrant, apprehend any person or persons so offending, and seize all such liquors or other articles of traffic, and the utensils or furniture containing them, and convey them before a justice of the peace or the county judge within the county in which such crime or offense may be committed, and the said county judge or justice of the peace upon complaint, under oath or affirmation of said officer apprehending such offender or any person giving information, shall issue his warrant of arrest, which shall be formally served by the proper officer, and proceed to enquire into the truth of said accusation, and, if found true, shall proceed to bind said offender or offenders in an amount not exceeding five hundred dollars, as he shall deem proper, to answer at the next regular term of the district court, in and for the county in which such offense shall have been committed, to be proceeded with by indictment, the fine and costs to be allotted as in other criminal cases; Provided, however, That if such offender or offenders shall plead guilty, said judge or justice shall affix the penalty and proceed to judgment, and in such case he shall immediately issue execution against the property and body of the defendant or defendants for the fine and costs unless paid or secured; and said defendant or defendants shall not be discharged until said judgment shall be fully paid or secured to be paid. [Id. § 2.]

SEC. 35. (Costs Defendant may recover from prosecutor.That in any prosecution against any person or persons for a violation of the provisions of this act, if the defendant or defendants shall be acquitted, he or they shall recover of the person or persons filing the complaint double the amount of his or their costs which said county judge or justice shall award. [Id. § 3.]

CHAPTER 51.-MARKS AND BRANDS.*

SECTION 1. [Record.]-Every person having cattle, hogs, and sheep, shall have a mark or brand, different from the mark or brand of his neighbors, and he SECS. 33-5. "An act for the prevention of certain immoral practices." Laws 1877, 6. Took effect June 1, 1877. *NOTE.--Chap. XXXIII. R. S. 253. Chap. 39, G. S. 461. Whether this chapter is repealed by the act of 1879, 157, quære.

shall deliver to the county clerk a description of his mark or brand, and such clerk shall record the same in a well bound book kept by him for that purpose.

SEC. 2. [Duplicate brands.]--No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person.

SEC. 3. [Single brands.]-No person shall use more than one mark or brand for his stock, nor use any other than the one recorded.

SEC. 4. [Animals to be branded-Record--Evidence.]-Every person shall mark or brand all his hogs or sheep over six months old, and his cattle over twelve months old, and if any dispute arise about the question of whose any mark or brand may be, the same shall be decided by the record of the county clerk.

SEC. 5. [Recording duplicate brands--Penalty.]-If any person shall wilfully and knowingly have a mark or brand recorded, which is already recorded to another person in the same county, he shall be fined not less than twenty dollars nor more than one hundred dollars.

SEC. 6. [Same--Clerk-Penalty.]-If any county clerk shall record the same mark or brand to more than one person, he shall forfeit and pay, to the use of the county, a fine not exceeding one hundred dollars.

SEC. 7. [Misbranding another's stock-Penalty.]-Every person who shall wilfully and with intent to defraud, misbrand, or mismark any stock not his own, shall forfeit and pay for every such offense not less than twenty dollars nor exceeding one hundred dollars.

SEC. 8. [Altering another's brand-Penalty.]--If any person alter or deface the mark or brand of any other person, for every head of stock whose mark or brand shall be thus altered or defaced, he shall forfeit not exceeding one hundred dollars.

ACT OF 1879.

SEC. 9. [Stock brands—Adoption.]-Any person having cattle, hogs, sheep, horses, mules, or asses, shall have the right to adopt a brand or ear-mark, for the use of which he shall have the exclusive right in the county in which such ear-mark or brand is recorded. [1879 § 1, 157.]

SEC. 10. [Duplicate brands.]-No person shall have or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person. [Id. § 2.]

SEC. 11. [Certificate-Record.]--Any person desiring to use any brand or ear-mark, shall make and sign a certificate setting forth a fac-simile and description of the brand and ear mark which he desires to use, and shall file the same for record in the office of the county clerk of said county in which he resides. And any person so desiring may, in the manner, and with like effect as herein provided, record his brand or marks in any county in this state into which his stock is liable to stray; Provided, That such mark or brand has not been heretofore recorded in such county by some other person. [Id. § 3.]

SEC. 12. [Conflicting brands-Committee.--The authority of deciding whether a brand or mark offered for record does or does not conflict with any previously recorded brand or marks, shall be vested in a committee of three, consisting of the county clerk and two respectable stock owners of the county. The two stock owners shall be appointed by the county commissioners, they shall be men of good judgment and experience in brands, and when practicable shall be chosen from those largely interested in cattle. Vacancies occurring in the membership, other than the county clerk, shall be filled by the county commissioners. All brands offered for record shall be submitted before acceptance to this committee. The objection of any two shall reject a brand, It shall be the duty of the county clerk to file all brands offered for record pending the examination, which he shall

SEC. 8. See sec. 63 Criminal Code.

SECS. 9-16. "An act relating to the use of marks and brands on live stock " Laws 1879, 157. Took effect June 1, 1879.

cause to be made as promptly as possible, and if the brand is accepted, the ownership shall date from the date of filing. [Id. § 4.)

SEC. 13. [Same-How decided.]--It shall be the duty of the county commissioners immediately after the passage of this act, to make the appointment above specified, one of whom shall serve till the first day of January following, another until the first day of January the next succeeding year, the county commissioners appointing a member to serve for two years at their first meeting in the month of January in each year. After this shall have been done the county clerk shall at once call together the committee; they shall examine the present record of brands, and in any case where, in the judgment of two of them, a brand is found which conflicts with one previously recorded, or which might in its use endanger the property of the party owning the brand earliest of record, it shall be the duty of the county clerk to notify the party owning said brand last of record that the further use of the same will be illegal to the same extent as though it had never been recorded, unless previously agreed upon by owners of such brands, and a joint statement be presented to the recorder of brands by such brand-owners; the said notice shall be given by letter, when possible, and also, and in all cases by publication for one month in two papers of general circulation in the county, the expense of which shall be paid on a proper voucher by the county commissioners; both forms of notice shall be given immediately after said examation and rejection. It is expressly provided that this enactment shall not in any way affect or invalidate the ownership of animals which were branded with said brand then registered previous to the examination and rejection, the object of this act being to make illegal and enjoin from the further use of said brand. The date of the last publication shall be considered to be the date of rejection. [Id. § 5.]

SEC. 14. [Incoming stock growers.]—It shall be the duty of any person who, after the passage of this act, brings into any county of this state, and turns loose for grazing purposes any herd, brand, or individual animals already branded, to lay before the above committee a statement of the brands of said animals, and if in the judgment of any two of them said brands conflict with any previously recorded in that county, it shall be the duty of the owner or manager of said animals to brand them with a brand that the committee shall consider a full and distinguishing mark from all brands there recorded, but the owner shall be enjoined from any further use of the conflicting brand. A failure to comply with the above shall render the party so failing liable for all damages resulting from such failure, which damages may be recovered in a civil suit. It is further provided that this section shall apply to all animals now in any county in this state whose brands are considered by this committee to infringe on previously recorded ones. [Id. § 6.]

SEC. 15. [Brands to be rejected by committee.]-In deciding as to the conflict of brands, the committee will reject any one that, being the same as one previously recorded, has in addition any of the following, whether placed across, above, below, at either side or encircling the main brand, viz.: a straight bar, a quarter, half, or entire circle, a quarter, half, or entire diamond, either upright or inverted, the same not constituting a true brand, and rendering the owner of the same brand liable to damage by its use, saving only when one or more of these shall be filed by the owner of the first record of the main brand, in which case it may be accepted. The committee shall reject any brand formed by repetition of any letter, number or figure which shall have been previously recorded, whether to be placed on the same or on a different part of the animal; the exclusive right of the first record to the letter, number, or figure, and to repetition of it being reaffirmed. They shall also reject all brands known as solid brands, and all ear-marks which shall remove to exceed one-half of the ear. A variation in the size of a letter, number, or figure, shall not constitute a new brand, and shall be rejected. A combination of letters, numbers, or figures, may be permitted though the same letters, numbers, or figures, may have been recorded singly or together, if, in the judgment of the whole committee, said

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; Frovided, 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.]

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.