of such child or chirldren shall be otherwise ordered by the district court; Provided, That such order shall never be made when it shall appear by the proof the [that] the wife is the offending party. [Id., § 2.] 2900 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 defendant 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.] 2901 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 unless other matters not affecting the marital relations of the parties shall be commenced 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.] SEC. 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 June 5, 1885. SEC. 46. Does not apply to actions by divorced wife for support. 42 Neb., 612. CHAPTER 26.-ELECTIONS. 2902 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.] 2903 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. 2904 SEC. 3. [Qualifications of voters.] Every male person of the age of twenty-one 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. Second-Persons 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. 2905 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. 2906 SEC. 5. [Soldiers and sailors.] No soldier, seaman, or marine in the army and navy of the United States shall be deemed resident of the state in consequence of being stationed therein. 2907 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. 2908 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 seventynine (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) and every four (4) years thereafter. The governor, lieutenantgovernor, congressmen, state treasurer, auditor of public accounts, secretary of state, attorney-general, commissioner of public lands and buildings, superintendent of public instruction, and members of the legislature shall be elected in the year eighteen hundred and eighty (1880) and every second year thereafter. In counties not under township organization, one (1) county judge, one (1) sheriff, one (1) coroner, one (1) CHAP. 26. Secs. 1-125. "An act to provide a general election law, the procedure relative to contested elections and the filling of vacancies in office." Took effect September 1, 1879. Laws, 1879, 240. Law should be construed so as not to disfranchise. Provisions not essential to a fair election, directory, only. 36 Neb., 91. 37 Id.. 299. 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. Innocent irregularities of officers do not vitiate result. 37 Id.. 299. SEC. 3. Cited 14 Neb, 574. Indians who are U. S. citizens. 28 Neb., 438. 37 Id., 299. 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 governor 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, 1889, 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 s c. 9, art. 2, chap. 14. 28 Neb., 169. Repeals in part last proviso of sec. 11, chap. 13a. 28 Id., 618. Construed with sec. 54. 34 Id., 84. Section not retrospective, and does not affect art. 4, sec. 4, chap. 18. 35 Id., 563. county treasurer, one (1) county clerk, one (1) county surveyor, one (1) county superintendent of public instruction shall be elected in the year eighteen hundred seventy-nine (1879) and every second year thereafter, and in each precinct two (2) justices of the peace and two (2) constables shall be elected in the year eighteen hundred and seventy-nine (1879) and every second year thereafter, except as hereinafter provided, and three (3) judges of election and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways for each road district shall be elected in the year eighteen hundred seventy-nine (1879) and annually thereafter, and one (1) county commissioner shall be elected annually who shall serve three (3) years. In counties under township organization, one (1) county judge, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, and one (1) county superintendent of public instruction shall be elected at the first general election after the adoption of township organization, and every second year thereafter. At the first general election in each township after the adoption of township organization, (1) town clerk, one (1) town treasurer, three (3) judges, and two (2) clerks of election, one (1) assessor, and one (1) overseer of highways in each road district shall be elected annually thereafter; and two (2) justices of the peace and two (2) constables shall be elected at said election, and every second year thereafter, except as hereafter in this section provided; and at said election, one supervisor shall be elected in each township, and thereafter each odd numbered year, in the odd numbered townships, and each even numbered year, in the even numbered townships, said townships to be numbered by the county board at their first regular meeting, after the passage of this act, or the subsequent adoption of township organization, as nearly as practicable, in the same manner as government sections are numbered in a government township. And at the first general election after the adoption of the township organization, in any county, there shall be elected in each city and each village, having one thousand (1,000) inhabitants or over, one supervisor for each four thousand (4,000) inhabitants therein, one (1) assessor, three (3) judges, and two (2) clerks of election, and annually thereafter, and in each city, and in each village, having more than five hundred (500) inhabitants, two (2) justices of the peace and two (2) constables shall be elected at said election and every second year thereafter. Provided, however, That in all cities of the metropolitan class there shall be six (6) justices of the peace, and six (6) constables for each of said metropolitan cities and no more. And in all cities of the first class having less than eighty thousand (80,000) and more than twenty-five thousand (25,000) inhabitants there shall be elected three (3) justices of the peace and threee (3) constables for each of such cities and no more. In each county having a population of eight thousand (8,000) inhabitants or more, there shall be elected in the year eighteen hundred seventy-nine (1879) and every four (4) years thereafter, a clerk of the district court in and for such county, and in each county having a population of less than eight thousand (8,000) inhabitants the county clerk shall be ex officio clerk of the district court and perform the duties devolving upon the officer by law. All county, precinct, and township officers created by statute or that may be hereinafter created shall be elected at such general election as may be provided in the law creating the office or offices. [1885, chap. 50. Amended, 1889, chap. 22. 1891, chap. 23.] 2909 SEC. 8. [Presidential electors.] Electors of president and vicepresident shall be elected at the general election in the year 1880, and every four years thereafter, on such day as congress may appoint, said electors to be chosen from the state at large. 2910 SEC. 9. [United States senator.] At the general election immediately preceding the expiration of the term of a United States senator from this state, the electors shall, by ballot, express their preference for some person for the office of United States senator. The votes to be canvassed and returned in the manner here inafter provided. 2911 SEC. 10. [County treasurer.] A county treasurer shall be ineligible to office for more than two consecutive terms. 2912 SEC. 11. [Proclamation.] Thirty days previous to any election at which any state officer is to be elected, the governor shall issue his proclamation designating all the offices to be filled by the vote of all the electors of the state, or by those of any congressional, legislative, or judicial district, and transmit a copy thereof by mail to the county clerk of each county. 2913 SEC. 12. [Notice.] At least twenty days previous to any election, the county clerk, in counties not under township organization, shall make out and deliver to the sheriff of his county, or in counties under township organization, to the several town clerks, and to city clerks in cities of the first and second class, three notices thereof for each precinct, township, or ward in which the election in such county is to be held. The notices shall be substantially as follows: in "Notice is hereby given, that on Tuesday, the -day of November, -, next, at the house of an election will be held for governor, etc., (naming all the state and other officers to be balloted for), which election will be open at eight o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day. Dated this day of, A. D. 18-. A. B., County Clerk. 2914 SEC. 13. [Posting notices.] The said sheriff or town or city clerk to whom the notices are delivered shall post up in three of the most public places in each precinct, township, or ward the three notices therefor, at least ten days before the time of holding any election. 2915 SEC. 14. [Opening polls.] At all elections the polls shall be opened at eight o'clock in the morning, and close at six o'oclock in the afternoon of the same day; but if the judges and clerks shall not attend at the hour of eight o'clock in the morning, or if it shall be necessary for the electors present to appoint judges and clerks, or any of them, as hereinafter prescribed, the polls may, in that case, be opened at any time before the time for closing the same shall arrive, as the case may require. 2916 SEC. 15. [Oath of officers.] Previous to any vote being taken, the judges and clerks of election shall severally take an oath or affirmation according to the form prescribed in chapter on official bonds. 2917 SEC. 16. [Administering oath.] In case there shall be no judge or justice of the peace present at the opening of the polls, it shall be lawful for the judges of election to administer the oath or affirmation to each other and the clerks of election; and the person administering such oath or affirmation shall cause an entry thereof to be made and subscribed by him, and prefix to each poll book. 2918 SEC. 17. [Vacancies.] In the event of any person or persons elected, or that have been appointed as herein provided for, shall not attend at the time and place of holding such election, the electors present shall choose the requisite number of persons to fill the respective offices of clerks and judges of election, and the person or persons thus chosen shall qualify as provided in the last two preceding sections. 2919 SEC. 18. [Proclamation.] Upon opening the polls, one of the judges. of election shall make proclamation of the same, and at least thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour. 2920 SEC. 19. [Ballot box.] Before any ballot shall be deposited in the ballot box the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls; and the ballot box shall not be removed from the view of the electors present until the polls are closed and all the votes shall have been counted and canvassed; nor shall two of the judges be absent from the room or building in which the election is held, at the same time, during such voting and canvassing. 2921 SEC. 20. [Form of poll books.] The county clerk, previous to the opening of the polls, shall prepare duplicate poll books, in the manner and form following: : Poll books of an election, held in county, on the precinct, day of A. D. township, or ward, in at which time A. B., C. D., and E. F. were judges, and G. H. and Í. K. were clerks of said election the following named persons voted thereat: NUMBERS AND NAMES OF ELECTORS. No. 1. A. B. No. 3. E. F. No. 2. C. D. No. 4. G. H. We do hereby certify that the above is a true list of the persons voting at the above named election. TALLY LIST OF PERSONS VOTED FOR, AND FOR WHAT OFFICE, CONTAINING THE NUMBER OF VOTES FOR EACH CANDIDATE. the 2922 SEC. 21. [Ballots.] The ballots shall designate the office for which persons therein named are voted for. 2923 SEC. 22. [Receiving ballots.] One of the judges of election shall receive each ballot from the person offering to vote, at the same time announcing the name of such person in a clear, distinct voice, and if his right to vote be not challenged, or in cities of the first and second class if the name of the person offering to vote is on the register list, his ticket shall be placed in the ballot box with SEC. 20. Certification of party denomination not required. 35 Neb., 848. |