of any other fund in the county, except school and judges' salary, in which there is a surplus uncalled for; or, they may levy a tax therefor, not to exceed one-fourth of one per cent. on the taxable property of the county, annually, till the amount appropriated is raised and paid.

468. SEC. 3. No bridge, the cost of the construction or County Commissioners to repair of which will exceed the sum of one hundred dollars, supervise. must be constructed or repaired except on an order of the Board of County Commissioners. When ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder, after reasonable notice given by the Board of County Commissioners, by publication at least two weeks in a county newspaper, and if none, then by three posted notices-one at the court house, one at the point to be bridged, and one at some other neighboring public place. The bids to be sealed, opened, and contract awarded at the time specified in the notice. The contract and bond to perform it must be entered into to the approval of the Board of County Commissioners.

Freeholders

Advertisement.

469. SEC. 4. When a bridge, the cost of which will may petition. exceed one hundred dollars, is necessary, any five or more freeholders of the road district interested therein, may petition the Board of County Commissioners for the erection of such needed bridge; the board must thereupon advertise such application, giving the location and other facts, for two weeks, in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the court house, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the application.

Board to

nesses, etc.

470. SEC. 5. On the day fixed to hear the application, examine wit- proof of the notice given being made satisfactory, the board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for. If found to be so, the board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have the same erected, and provide the payment therefor as herein provided.

539. Exemption of homestead and other property.

548. Appointment and duties of guardians.

599. Providing for the support of illegitimate children.
601. Providing for the adoption of children.

611. Relating to apprentices.

471.

An Act relating to marriage and divorce.

Approved November 28, 1861, 94,

SECTION 1. That marriage, so far as its validity in Marriage a law is concerned, is a civil contract, to which the consent of the civil contract parties capable in law of contracting, is essential.

marriage.

472. SEC. 2. Male persons of the age of eighteen years, who may be and female persons of the age of sixteen years, not nearer of joined in kin than second cousins, and not having a husband or wife living, may be joined in marriage; provided always, that male Proviso. persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and, provided further, that nothing in this Act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age.-As amended, Stats. 1867, 88.

Lake v. Lake, 16 Nev. 363.

Section 3 repealed, Stats, 1867, 89.

join persons

473. SEC. 4. It shall be lawful for any ordained min- who may ister of any religious society or congregation within this state as husband who has or hereafter may obtain a license for that purpose as and wife. hereinafter provided, or for any Judge of a district court in his district, or Justice of the Peace in his county, to join together as husband and wife all persons not prohibited by this Act. Any minister of the gospel, upon producing to the district Ministers to court of any county or district within this state, credentials be licensed. of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid, to produce to the County Clerk in every county in which he shall solemnize any License to be marriage, his license so obtained; and the said Clerk shall produced to thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such Clerk. The record so made, or the certificate thereof by the said Clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages.As amended, Stats. 1867, 88.

Clerk, etc.

License to be
obtained
from County
Clerk.

When per

sons are

474. SEC. 5. Previous to persons being joined in marria a license shall be obtained for that purpose from the Cour Clerk of the county where the persons, or one of them, inter ing to be married, reside (or in case the persons intending to married do not reside in this state, then from any County Cle in the state.) The County Clerk may inquire of the pa applying for marriage license upon oath or affirmation relat to the legality of such contemplated marriage; and if the Cle shall be satisfied that there is no legal impediment thereto, th he shall grant such marriage license, and if any of the perso intending to marry shall be under age, and shall not have be previously married, the consent of the parent or guardian sha be personally given before the Clerk, or certified under the har of such parent or guardian, attested by two witnesses, one whom shall appear before said Clerk and make oath that I saw the parent or guardian, whose name is annexed to su certificate subscribed, or heard him or her acknowledge th same, whereupon the Clerk is authorized to issue and sign suc license, affixing thereto the seal of the county. The Clerk sha Clerk's fee. be entitled to receive as his fee for issuing the license the su of one dollar, and if any Clerk shall in any other manner issu or sign any marriage license, he shall forfeit and pay a sum no exceeding one thousand dollars to and for the use of the part aggrieved.As amended, Stats. 1867, 89.

under age.

Solemniza-
tion.

Marriage cer-
fificate.

Record of.

Form of
certificate.

475. SEC. 6. In the solemnization of marriage, no particu lar form shall be required, except that the parties shall declare in the presence of the Judge, minister, or magistrate, and th attending witnesses, that they take each other as husband and wife; and in every case there shall be at least two witnesse present, besides the person performing the ceremony.

476. SEC. 7. When a marriage shall have been solemnized the person solemnizing the same shall give to each of the par ties, if required, a certificate thereof, specifying therein the names and residence of the parties, and of at least two witnesses present, and the time and place of such marriage.-As amended, Stats. 1867, 89.

477. SEC. 8. Every person solemnizing a marriage shall make a record thereof, and within three months after such marriage shall make and deliver to the Recorder of Deeds of the county where the marriage took place a certificate, under his hand, containing the particulars mentioned in the preceding section. The certificate may be in the following form:

This is to certify that the undersigned, a Justice of the Peace of said county (minister of the gospel, or Judge, etc., as the case may be), did on the day of —, A. D. 18-, join

in lawful wedlock A. B. and C. D., with their mutual consent, in presence of E. F. and G. H., witnesses.

J. P., Justice of the Peace.

d in marriage, n the County hem, intend

tending to be County Clerk

of the party ation relative d if the Clerk thereto, then

f the persons not have been uardian shall ader the hand

esses, one of oath that he exed to such owledge the nd sign such ne Clerk shall

use the sum nanner issue,

ay a sum not of the party

478. SEC. 9. All such certificates shall be filed and Book of recorded by the said Recorder in a book to be kept by him for that purpose; and shall receive a fee of one dollar from the person solemnizing the marriage, who shall be entitled to receive the same from the parties before the marriage.

records.

Fee.

479. SEC. 10. Every person solemnizing a marriage who Certificate o shall neglect to make and deliver to the Recorder a certificate Recorder thereof within the time above specified, shall forfeit for such neglect a sum not less than twenty nor more than fifty dollars; and every Recorder who shall neglect to record such certificate so delivered shall forfeit the like penalty.

480. SEC. 11. If any person shall willfully make any False false certificate of any marriage or pretended marriage, he shall certificate. forfeit for every such offense a sum not exceeding five hundred dollars, or may be imprisoned in the territorial prison not exceeding one year, or by both such fine and imprisonment.

authorized

481. SEC. 12. If any person shall undertake to join others Persons unin marriage, knowing that he is not lawfully authorized so to performing do, or knowing to any legal impediment to the proposed mar-ceremony. riage, he shall on conviction be fined in any sum not exceeding five hundred dollars, and be imprisoned in the territorial prison until such fine is paid..

482. SEC. 13. No marriage solemnized before any person when not professing to be a Judge, Justice, or minister, shall be deemed invalid. or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it 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.

483. SEC. 14. The original certificate and records of mar- Presumptiv riage made by the Judge, Justice, or minister, as prescribed evidence of in this Act, and the record thereof by the Recorder of the county, or a copy of such record duly certified by such Recorder, shall be received in all courts and places as presumptive evidence of the fact of such marriage.

484. SEC. 15. Illegitimate children shall become legiti-Illegitimate matized by the subsequent marriage of their parents with each children.

other.

483. SEC. 16. All fines and forfeitures arising in conse- Fines. quence of a breach of this Act shall be paid into the county treasury for the use of common schools; and in all cases, when Application a violation of the provisions of this Act is not declared a mis- of. demeanor, said fines and forfeitures shall be recovered by a civil action, to be brought by any person aggrieved, or by the County Treasurer.

486. SEC. 17. All marriages solemnized among the people Friends or called "Friends" or "Quakers," in the forms heretofore practiced and in use in their meetings, shall be good and valid.

487. SEC. 18.

DIVORCE AND ALIMONY.

All marriages which are prohibited by law

Quakers.

When void without decree of divorce.

Parties inca

Jable of assenting.

on account of consanguinity between the parties, or on account of either of them having a former husband or wife then living, shall, if solemnized within this territory, be absolutely void without any decree of divorce or other legal proceedings.

488. SEC. 19. When either of the parties to a marriage, for want of age or understanding, shall be incapable of assenting thereto, or when fraud shall have been proved, and there shall have been no subsequent voluntary cohabitation of the When void. parties, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

When not to be judged a nullity.

Parties may file complaint.

Divorce from bonds of matrimony,

489. SEC. 20. In no case shall a marriage be adjudged a nullity, on the ground that one of the parties was under age of legal consent, if it shall appear that the parties, after they attained such age, had, for any time, freely cohabited together as husband and wife, nor shall the marriage of any insane person be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.

490. SEC. 21. When a marriage is supposed to be void, or the validity thereof is disputed, for any of the causes mentioned in the two preceding sections, either party may file a complaint in the probate court of the county where the parties or one of them, resided, for annulling the same; and such complaint shall be filed, and proceedings shall be had thereon, as in the case of proceedings in said court for a divorce, and upon due proof of the nullity of the marriage, it shall be adjudged null and void.

491. SEC. 22. Divorce from the bonds of matrimony may be obtained, by complaint under oath, to the district court of how obtained. the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which Grounds for the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following

divorce.

Impotency.

Adultery.

Desertion.

Infamy.

Drunkenness

Cruelty.

Neglect to

provide, etc.

causes :

First. Impotency at the time of the marriage continuing to the time of the divorce.

Second. Adultery, since the marriage, remaining unforgiven.

Third. Willful desertion, at any time, of either party by the other, for the period of one year.

Fourth. Conviction of felony or infamous crime.

Fifth. Habitual gross drunkenness, contracted since marriage of either party, which shall incapacitate such party from contributing his or her share to the support of the family. Sixth. Extreme cruelty in either party.

Seventh. Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband, which he could not avoid by ordinary industry.-As amended, Stats. 1875, 63.

Reed v. Reed, 4 Nev. 395; Kelly v. Kelly, 18 Nev. 49.