SEC. 12. If any person shall undertake to join others in marriage, knowing that he is not by law fully authorized so to do, or knowing to any legal impediment to the proposed marriage, 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.

SEC. 13. No marriage solemnized before any person professing to be a judge, justice, or minister, shall be deemed or regarded 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.

SEC. 14. The original certificate and record of marriage, made by the judge, justice, or minister, as prescribed 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.

SEC. 15. Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other. SEC. 16. All fines and forfeitures arising in consequence of a breach of this act, shall be paid into the county treasury for the use of common schools; and in all cases when a violation of the provisions of this act is not declared a misdemeanor, said fines and forfeitures shall be recovered by a civil action, to be brought by any person aggrieved, or by the county

treasurer.

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

DIVORCE AND ALIMONY.

SEC. 18. All marriages which are prohibited by law 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.

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 parties, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

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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.

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 preceeding sections, either party may file a complaint in the district 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.

SEC. 22. Divorce from the bonds of matrimony may be obtained by complaint under oath to the district court of 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 the parties last cohabited, or in which the plaintiff shall have resided for six months before suit be brought, for the following causes: First. Impotency at the time of marriage, continuing to the time of divorce. Second. Adultery since the marriage, remaining unforgiven. Third. Willful desertion of either party by the other for the space of two years. Fourth. Conviction of felony or infamous crimes. 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 two years 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.

SEC. 23. If the defendant is not a resident of the territory, or cannot for any cause be personally summoned, the court, or judge, in vacation, may order notice of the pendency of the suit to be given in such manner and during such time as shall appear most likely to convey a knowledge thereof to the defendant, without undue expense or delay, and if no such order be made, it shall be sufficient to publish such notice in a weekly newspaper printed in or nearest to the county in which the suit is pending, three months in succession; and if the defendant fail to appear and make defense at the first term after such notiee, or after thirty days personal notice of summons, the evidence may be heard, and the cause decided at that term; or compulsory process may be had to obtain an appearance or answer, if it b necessary to the disposition of property or of children.

SEC. 24. The court, in granting a decree. shall make such disposition of, and provisions for the children as shall appear most expedient under all the circumstances, and wisest for the present comfort and future well-being of such children; and when, at the commencement and during the pendency of said suit, it shall be made to appear to the court, or to the judge, in vacation, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its mother, or other female, has been, or is likely to be taken or detained from her, or that any child of either party has been, or is likely to be taken or removed by, or at the instance of the other party, out of the county, or concealed within the same, it shall be the duty of the court or of such judge, in vacation, forthwith to order such child to be produced before him, and then to make such disposition of the same, during the pendency of the suit, as shall appear most advantageous to such child, and most likely to secure to it the benefit of the final order to be made in its behalf; and all such orders may be enforced and made effectual by attachment, commitment, and requiring security for obedience thereto, or by other means, according to the usages of the courts, and to the circumstances of the case: Provided, The court, upon good cause shown, may change the custody of such minor children if they should be satisfied that such changes will be for the welfare of such children.

SEC. 25. In granting a divorce, the court shall also make such disposition of the property of the parties as shall appear just and equitable, having regard to the respective merits of the parties, and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens imposed upon it, for the benefit of the children; and all property and pecuniary rights and interests, and all rights touching the children, their custody and guardianship, not otherwise disposed of, be regulated by the order of the court, shall, by such divorce, be divested out of the guilty party, and vested in the party at whose instance the divorce was granted; and if, after the filing of the petition, it shall be made to appear probable to the court, or to the judge, in vacation, that either party is

about to do any act that would defeat, or render less effectual, any order which the court might ultimately make concerning property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.

SEC. 26. The testimony of witnesses in suits for divorce shall be given orally in court, with the right to either party to take and use depositions on the same terms and in the same manner as in actions at law, and the proceedings, pleadings and practice shall conform to those at law as nearly as conveniently may be, but all preliminary and final orders may be in such form as will best effect the object of this act, and produce substantial justice.

SEC. 27. When the marriage shall be dissolved by the husband being sentenced to imprisonment, and when a divorce shall be ordered for the cause of adultery committed by the husband, the wife shall be entitled to the same proportion of his lands and property as if he were dead, but in other cases the court shall set apart such portion for her support, and the support of the children, as shall be deemed just and equitable.

SEC. 28. Whenever an order of divorce from the bonds of

matrimony is granted in this territory by the court of competent authority, such order shall fully and completely dissolve the marriage contract as to both parties; and in all suits for a divorce brought by a female, if a divorce be granted, the court may for just and reasonable cause change the name of such female.

SEC. 29. Either party, on application to the court, may be entitled at such trial to have the issue of fact involved in such case, and presented by the pleadings, tried by a jury, in accordance with the general rules governing the trial of civil actions in the district court.

SEC. 30. This act shall take effect and be in force from and after the day of its approval by the governor. APPROVED January 16th, 1864.

LIENS.

AN ACT for securing Liens to Mechanics and others.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. All artisans, builders, mechanics, lumber merchants, and all other persons performing labor, or furnishing material, to the amount of twenty-five dollars, for the construction or repairing of any building or other superstructure, shall have a lien on such building or superstructure for the work and labor done, or material furnished by each respectively.

SEC. 2. Every person wishing to avail himself of the benefits of this act, shall file in the county elerk's office of the county in which such building or superstructure is situated, within sixty days after the completion of such building or superstructure, a just and true account of the demands due him, after deducting all proper credits and offsets, and shall verify such account by his own oath, or the oath of some other person, and shall also file at the same time a correct description of the property to be charged with said lien. If such lien is claimed by a sub-contractor, journeyman, or any other person except the contractor performing labor or furnishing material, the account aforesaid shall be filed within thirty days after the work was done, or the materials were furnished by him; and within five days after the filing of said account as aforesaid, he shall serve a copy thereof on the owner of such building or superstructure, or on the agent of such owner, if the latter resides out of county in which such building or superstructure is situated, by delivering the same to him personally, or by leaving it at his usual place of residence. If such owner does not reside within the county, and has no agent therein, service of the copy aforesaid may be made by posting the same in a conspicuous place on the building or superstructure to be charged with such lien.

SEC. 3. Every sub-contractor, journeyman, laborer, or other person, performing labor or furnishing materials, shall, under the provisions of this act, have a valid lien upon the building or superstructure on which such labor was performed, or for which such materials were furnished, regardless of the claim of the contractor against the owner of such building or superstructure; but if any money be due, or is to become due under