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made, to prosecute the same without filing an appeal bond, such appeal to be prosecuted to the district court as appeals are now taken from courts of justices of the peace. [Id. § 3.]

SEC. 339. (Jurisdiction of judge at chambers.]-The judge of the district court of the state may, upon the application of an executor, administrator. or guardian, to sell or dispose of the real estate of decedents, spendthrifts, or minors hear and determine the same at chambers in vacation; Provided, That in all cases where the judge shall order a sale of any real estate, while sitting at chambers, he shall make out, in writing, a copy of said order, and cause the ame to be filed in the office of the clerk of said court, and said clerk shall therepon record said order, in the record book of said court, before any sale shall be nade as aforesaid. [Id. § 4.]

SEC. 340. [Sale of partnership property.]-The county court which shall have issued letters testamentary or of administration upon the estate of a deceased partner may, upon due notice to all parties interested, authorize the executor or administrator of such deceased partner to sell at public auction his interest in the partnership property, and the surviving partner may be a purchaser at such sale the same as any disinterested party. The administrator or executor making such sale shall report his proceedings thereon to the court, and upon due notice to ali persons interested, the court may confirm the sale, or, good reason therefor appearing, may set the same aside and order another sale. The court shall also direct the execution of such paper titles to the property sold as the circumstances require. [1883, chap. XXXIX.

SEC. 341. [Accounting.]—The executor or administrator making such sal shall account for the partnership interest so sold at the price at which it shall be sold.

SEC. 342. [Settlement.]-The executor or administrator of a deceased partner shall settle with the surviving partner all the dealings and transactions of the partnership as well as those remaining unsettled before the death of the deceased partner, as of the said parties thereafter, and shall present to the county court appointing such executor or administrator a full statement of the matter and manner of such settlement, and upon due notice to all parties interested, the said court shall examine, review, correct, approve, or disallow such settlement. But if the said legal representatives of such deceased partner and the surviving partner cannot agree upon such settlement, the accounts of the dealings and transactions of the partnership shall be settled as heretofore.

SEC. 343. [Special administrator.]-In case the executor or administrator of a deceased partner be also his surviving partner, the county court appointing him shall appoint a special administrator to discharge the duties herein provided, and his powers shall be limited thereto. Such appointment shall be made upon the same proceedings as are provided by law for the appointment of special administrators, when there is delay in the granting general letters testamentary or of administration.

SEC. 344. [Mortgaging real estate of intestate.]-The county judge may, upon proper showing by petition supported by competent testimony, showing that the best interests of the estate demand it, grant authority to the administrators of intestate estates to mortgage any real estate belonging to such estate, where mortgages existing on such real estate are due, or are about to become due, and there is no money belonging to such estate with which to pay or redeem such mortgages; Provided, That in no instance shall authority be granted by such county judge to such administrators to mortgage such real estate for a greater sum than the amount secured by the original mortgage. [1887, chap. 87.]

SEC. 345. [Same-Special administrator.]-That where no administrator has been appointed the county judge may appoint a special administrator to carry out the provisions contained in section 1 of this act. [Id. § 2.]

SEC. 340. "An act providing for selling the interests of a deceased partner and settling the accounts between him and his surviving partners." Took effect Feb. 28. 1883.

SECS. 344, 345. "An act to permit county judges to grant authority to administrators of intestate estates to mortgage real estate for certain purposes, and if necessary, appoint special administrator therefor." Laws 1887, chap. 37. Took effect April 2, 1887.

CHAPTER 24.-DEPUTIES.*

SECTION 1. [Who may appoint.]-The state auditor, treasurer and librarian respectively, and each county clerk, treasurer, sheriff and surveyor, may appoint a deputy, for whose acts he shall be responsible, and from whom he shall require a bond which appointment shall be in writing, and shall be revocable by writing under the principal's hand; and both the appointment and revocation shall be filed and kept in the office of the county clerk, in case of deputies for county officers, but in case of state officers, they shall be filed and kept by the principals [R. S. 127. G. S. 843.]

SEC. 2. [Duties.]-In the absence or disability of the principal, the deputy shall perform the duties of his principal pertaining to his own office, but when an officer is required to act in conjunction with or in place of another officer, his deputy cannot supply his place.

SEC. 3. [Who may not be.]-The state auditor, treasurer and librarian, can neither of them appoint the other his deputy, nor can either the treasurer, sheriff, clerk or surveyor of a county appoint either of the others.

SEC. 4. [Sheriff.]-The sheriff may appoint such number of deputies as he sees fit.

SEC. 5. [Oath.]-Each deputy shall take the same oath as his principal which shall be endorsed upon and filed with the certificate of his appointment.

SEC. 6. Allowance.]-When a county officer receiving a salary and no fees is compelled by the pressure of the business of his office to employ a deputy, the county commissioners may make a reasonable allowance to such deputy.

SEC. 7. [Acknowledgments.]-Deputy clerks of the district and county courts in this state are hereby authorized to take acknowledgments of deeds and other instruments of writing in the name of their principals, and said acknowledgments shall be as legal and as valid as if taken by their principals. [1870 § 1, 17.]

SEC. 8. [Acts legalized.]-All deeds or other instruments of writing heretofore acknowledged in the usual form before any deputy clerk of the district or county courts of any county in this state, shall be and they are hereby declared legal and valid. [Id. § 1.]

*NOTE. This chapter embraced chap. XV. R. S., and "An acts to authorize deputy clerks to acknowledgments of deods and other instruments, and to legalize acknowledgments already taken by the clerks." Laws 1870, 17. G. S. 343.

CHAPTER 25.-DIVORCE AND ALIMONY.

SECTION 1. [Void marriages.]-Marriages which are declared void by section three of chapter 40, entitled "Marriages," are void without any decree of divorce. (R. S. 128. G. S. 344.]

SEC. 2. [Voidable marriage.]-In case of a marriage solemnized when either of the parties are under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed voidable.

SEC. 3. [Petition to annul marriage.]—When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned or referred to in the two preceding sections, either party, excepting in the cases where a contrary provision is hereinafter made, may file a petition in the district court of the county where the parties, or one of them, reside, for annulling the same, and such petition shall be filed, and proceedings shall be had thereon, as in the case of a petition filed in said court for a divorce; and upon due proof thereof, it shall be declared void by a decree or sentence of nullity.

SEC. 4. [Petition to affirm marriage.]-When the validity of any marriage shall be denied or doubted by either of the parties, the other may file a petition in the manner aforesaid, for affirming the marriage, and upon due proof of the validity thereof, it shall be declared valid by a decree or sentence of the court, and such decree, unless reversed on appeal, shall be conclusive upon all parties concerned.

SEC. 4a. [Lien of judgment.]-All judgments and orders for payment of alimony or of maintenance in actions of divorce or maintenance shall be liens upon property in like manner as in other actions, and may in the same manner be enforced and collected by execution and proceedings in aid thereof, or other action or process as other judgments. [1883, chap. XL.]

SEC. 4 b. [Remedy cumulative.]-The remedy given by this act shall be held to be cumulative and in no respect to take away or abridge any subsisting remedy or power of the court for the enforcement of such judgments and orders. Provided, Nothing in this act shall affect the title of any bona fide purchaser for value holding by reason of such bona fide purchase at the date of its passage.

DECISIONS.-Action is in nature of proceeding in rem. Affidavit for service by publication jurisdictional, After decree of divorce where service is had by publication, if defendant move to set aside decree and file answer, such answer, while constituting an appearance does not make decree valid, and can only affect subsequent proceedings: 9 Neb. 202. Sec. 82, code for opening judgments does not apply to actions for divorce: 10 Neb. 392. Affidavit for publication in suits for; what they should state: Id. 15 Neb. 615. Petition should show that plaintiff is a resident or that marriage was solemnized in state; affidavit need not: 10 Neb. 391. Denial in case stated, Held, Not a denial of cohabitation. 19 Neb. 714. Summons may be served in county other than that where action is brought: 10 Neb. 351. Evidence in case stated, Held, Insufficient to grant:10 Neb. 144, 7 Id. 39. 15 Id. 454. 16 Neb. 16, 197. Held, Sufficient: 16 Neb. 453. 12 Id. 75. 20 Id. 529. On ground of former husband living; evidence; presumption of death: 16 Neb. 553. Petition denied to wife but granted to husband on his answer; evidence, Held, Insufficient for decree of permanent alimony. 10 Neb. 472. After entry of decree, notice that plaintiff would apply for supplemental decree served on attorney for defendant, Held, Not sufficient to bring defendant into court; but attorney applying for extension of time to prepare bill of exAppeal lies from decree ceptions, Held, To be an appearance and waiver of service of notice: 13 Neb. 96. granting divorce: 12 Neb. 73. Order allowing alimony pendente lite, cannot be taken by appeal or error to supreme court before judgment or decree granting or denying divorce. 18 Neb. 465. Original decree respecting alimony may be revised by supplemental decree; court has no power to decree conveyance of land: 13 14 Id. 186. Alimony reduced in supreme Neb. 95. Nor to make alimony lien on real estate: 12 Neb. 212. court: 13 Neb. 273. Alimony allowed in supreme court: 7 Neb. 42. 12 Neb. 76. Questic n of alimony, after divorce, referred in supreme court: 16 Neb. 456. Wife entitled to dower. 17 Neb. 398. Conveyance by husband to defeat alimony; burden of proof: 18 Neb. 476. Decree rendered in supreme court. 19 Neb. 87. Application to modify decree may be reviewed on error. 19 Neb. 585. Fraudulent conveyance made by husband to wife, set aside after divorce, and, Held, Subject to lien for alimony. 20 Neb. 59. Conflicting testimony; finding of court below not disturbed: 7 Neb. 41. General denial is good plea to allegation of adultery; verdict of jury finding defendant not guilty conclusive; facts may be submitted to jury: 6 Neb. 306.

SEC. 5. [Repealed by 1875, 80. Supplied by sec. 6.]

SEC. 6. Jurisdiction of district court.]-A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties, or one of them, reside, on the application by the petition of the aggrieved party in either of the following cases: First. When adultery has been committed by any husband or wife. Second. When one of the parties was physically incompetent at the time of the marriage. Third. When one of the parties has been sentenced to imprisonment in any prison, jail, or house of correction, for three years or more; and no pardon granted, after a divorce for that cause, shall restore such party to his or her conjugal rights. Fourth. Where either party shall wilfully abandon the other without just cause, for the term of two years. Fifth. When the husband or wife shall have become an habitual drunkard. Sixth. When either party shall be sentenced to imprisonment for life; and no pardon shall effect a decree of divorce for that cause rendered. [Amended 1875, 79.]

SEC. 7. [Causes for.]-A divorce from the bonds of matrimony or from bed and board, may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by other means; or for utter desertion of either party for the term of two years; and a like divorce may be decreed, on complaint of the wife, when the husband, being of sufficient ability to provide suitable maintenance for her, shall grossly, or wantonly and cruelly refuse or neglect so to do.

SEC. 8. [Residence.]-No divorce shall be granted unless the complainant shall have resided in this state for six months immediately preceding the time of filing the complaint, or unless the marriage was solemnized in this state, and the applicant shall have resided therein from the time of the marriage to the time of filing the complaint.

SEC. 9. [Collusion.]-No divorce shall be decreed in any case when it shall appear that the petition therefor was founded in, or exhibited by collusion between the parties, nor where the party complaining shall be guilty of the same crime or misconduct charged against the respondent.

SEC. 10. [Petition-Service-Witnesses.]-A petition or bill of divorce, alimony and maintenance, may be exhibited by a wife in her own name, as well as a husband; and in all cases the respondent may answer such petition or bill without oath; and in all cases of divorce, alimony and maintenance, when personal service can not be had, service by publication may be made as is provided by law in other civil cases under the code of civil procedure; and either party may be a witness as in other civil cases. [Amended 1869, 28]

SEC. 11. [Proceedings.]-Suits to annul or affirm a marriage, or for a divorce, shall be conducted in the same manner as other suits in courts of equity; and the court shall have the power to award issues, to decree costs, and enforce its decrees as in other cases.

SEC. 12. [Alimony-Costs.]-In every suit brought, either for a divorce, or for a separation, the court may, in its discretion, require the husband to pay any sum necessary to enable the wife to carry on or defend the suit during its pendency; and it may decree costs against either party, and award execution for the same; or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.

SEC. 13. [Restraint.]-After the exhibition of the petition in a suit to annul a marriage, or for a divorce, whether from the bonds of matrimony, or from bed and board, the court may, at any time, either in term or vacation, on the petition of the wife, prohibit the husband from imposing any restraint upon her personal liberty during the pendency of the cause.

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

SEC. 7. Evidence held sufficient to warrant decree on ground of extreme cruelty. 20 Neb. 537.
SEC. 10. Affidavit for service by publication is jurisdictional. 9 Neb. 191.

SEC. 12. Court may order husband to pay into court a reasonable sum of money, to enable wife to prosecute action, where she seeks modification of decree, alleged to have been obtained by fraud of husband. 19 Neb. 587.

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. [See 19 Neb. 586.]

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 de cree concerning the same, as the circumstances of the parents and the benefit of the children shall require. [See 19 Neb. 586.]

SEC. 17. [Real estate.]-Whenever a 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 círcumstances 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. [Examination 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.

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