Return of

$8. For the purpose of enabling the county commissioners to scholars to make a proper apportionment of the school fund, the inspectors in be made by the several school districts shall annually make a return to said com

inspectors.

paid out.

missioners on or before the first Monday of March, which return shall state the names and ages of the several scholars, and the length of time they respectively attended school; and each district shall be entitled to a share of such fund in proportion to the number of scholars in such districts according to said returns.

$9. The said commissioners shall immediately after the returns Money how made by such inspectors, make such apportionment among the several districts, and the money thus apportioned shall be paid out by the County treasurer on the orders of the school inspectors of the proper district, for the pay of teachers and the erection and repairing of school-houses in such district exclusively.

Not to be

tain cases.

$10. No school district shall be entitled to receive any portion of paid in cer- the fund for such apportionment, unless a school shall have been kept in such district for the term of three months at least, during the preceding year, and the same shall appear by the return and certificate of the school inspectors.

Co. com. to appoint inspectors.

Penalty for

inspectors.

S11. If any town or district shall neglect or refuse to elect school inspectors at the time appointed, or if any vacancy shall occur in the office of school inspector, it shall be the duty of the county commis⚫sioners to appoint the proper number of competent persons in such town or district, to act as school inspectors until the next annual election, or until others may be elected or appointed in their stead.

S 12. If any persons elected or appointed school inspectors, shall neglect by neglect or refuse to perform the duties enjoined by this act, or shall neglect to take charge of the school lands, or houses within their respective district, the person so neglecting or refusing shall be liable to a fine of twenty dollars, to be recovered by action of debt, in the name of the county commissioners, for the use of the school district in which said persons may have been appointed.

Commis

to

pointed
take charge

of

Trustees of

be elected.

13. If there are any of the school sections in any county not included within any school district, the county commissioners are authorized to appoint five competent persons to take charge of and lease, or otherwise control said lands in the same manner school inspectors might do, and a majority of the persons appointed to perform any duty under this act, shall be authorized to perform said duty.

$14. It shall be competent for the legal voters in any school disschools may trict, to elect, in their school district, annually, three persons trustees of schools in such district, a majority of whom shall be authorized to examine teachers, prescribe the course of study in any school in said district, and to visit the schools in such district in the same manner the school inspectors might or could do; and in case such trustees shall be elected in any district, the power of the school inspectors over the employment or discharge of teachers in such district shall cease during the continuance in office of such trustees.

Embezzling, concealing,

S 15. If any person or persons, entrusted with the care and maor misapply. nagement of any money or other property belonging to any county, ing money. town, or district school, shall embezzle, misapply or conceal the same, or any part thereof, he or they shall be liable to be removed from his or their trust, and may be sued in an action of account by the other trustee or trustees of the school to which such money, land,

or other property so embezzled, misapplied or concealed, belonged; and the trustee or trustees so suing, shall recover judgment in double the sum so embezzled, misapplied or concealed, for the use and benefit of such school, together with double costs.

AN ACT regulating marriages.

solemnize

marry.

$1. That it shall be lawful for any justice of the peace, within his home proper county, and for any ordained minister of the gospel in regular marriages communion with any society of christians, (but not otherwise,) judges of the supreme court, and supreme court commissioners, to solemnize the rites of marriage between persons competent to make the contract of marriage: Provided, That the male shall be eighteen years of Who may age, and if under the age of twenty-one years, shall obtain the consent of his parents or guardian; and the female shall be fourteen years of age, and if under the age of eighteen years, shall obtain the like consent: And provided further, That they shall not be nearer of kin than first cousin, and shall not have a husband or wife living. S2. Ministers of the gospel, ordained and in regular communion as Ministers aforesaid, before they shall be deemed authorized as aforesaid, shall enter file a copy of their credentials of ordination with the clerk of the dis-ordination trict court of the county, in which any marriage by them may be solemnized; and such clerk shall enter the same of record and give a certificate of the same.

to

dentials of

$3. When a man having by a woman one or more children, shall Legitimacy afterwards intermarry with such woman, such child or children, if of children, recognized by him, shall be thereby legitimatized. The issue also of marriages declared null in law, shall, nevertheless, be legitimate.

riage licen

be granted.

$ 4. The clerks of the district court for the several counties, or any who may justice of the peace, shall be authorized to grant marriage licenses, grant mar and shall inquire of the party applying, (upon oath or affirmation, as ses. the case may be,) relative to the legality of such contémplated marriage, and if the clerk or justice shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license; and if any of the persons intending to marry shall be under age, and To whom to shall not have had a former wife or husband, the consent of the parents or guardians (as the case may be) shall be personally given before the clerk or justice, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk or justice and make oath or affirmation (as the case may be) that he saw the parent or guardian, whose name is annexed to such certificate, subscribe and acknowledge the same; and the clerk or justice is hereby authorized to administer such oath or affirmation, and may thereupon issue and sign such license; and if any clerk or justice shall in any other manner issue or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved.

$5. A certificate of every marriage shall be signed by the person Certificate solemnizing the same, and be transmitted, together with the mar- of marriage riage license, to the clerk of the district court of the county wherein the marriage was solemnized, within three calender months thereafter, and recorded by such clerk. Every person failing to transmit

such certificate to the clerk of the district court of the county in due Penalty for time, shall forfeit and pay fifty dollars for the use of the county; and if the clerk shall neglect to record the same, he shall forfeit and pay fifty dollars for the use of the county.

neglect.

Penalty for

marriages

law.

S6. If any person, by this law authorized to join persons in marsolemnizing riage, shall knowingly solemnize the same contrary to the true intent contrary to and meaning of this act, the person so offending shall, upon conviction thereof, forfeit and pay any sum not exceeding one thousand dollars, to and for the use of the county wherein such offence may be committed; and if any person not legally authorized shall attempt to solemnize the marriage contract, such person shall, upon conviction thereof, forfeit and pay five hundred dollars to and for the use of the county wherein such offence may be committed.

Fine, &c.

how reco

vered.

Divorces, for what cause de. creed.

Petitioner to reside in ter

ritory.

Divorce not

granted

$7. Any fine or forfeiture arising in consequence of any breach of this law, shall be recovered by action of debt with costs of suit, in any court having cognizance of the same.

AN ACT concerning divorce.

1. That divorces from the bond of matrimony shall be adjudged and decreed for the following causes, to wit: 1. Impotency. 2. Adultery. And divorces from bed and board shall be adjudged and decreed for the following causes, to wit: 1. Extreme cruelty. 2. Wilful desertion of either party for two years. 3. The abandonment of the wife by the husband, or his refusal or neglect to provide for her. 4. Habitual drunkenness. Provided, however, That divorce from the bonds of matrimony may be decreed for these latter causes at the discretion of the court.

$2. That no divorce shall be granted, except in cases of adultery, unless the petitioner for such divorce shall prove his or her residence in the territory for one year next preceding his or her application.

$3. That no divorce shall be adjudged and decreed where the where collu- complaint is founded on collusion of the parties, or where the party complaining is guilty of the crime set forth in his or her petition.

sion.

Provision

when divorce for

wife.

$4. That when the divorce shall be decreed for the adultery of the wife, the husband shall have the personal estate forever, and the adultery of real estate of the wife during his life, in case they have had issue born alive of her body during the coverture, otherwise during her natural life only, if he shall survive her. Provided, nevertheless, That the court may allow for her sustenance so much out of the personal or real estate, as they shall judge necessary.

Wife not to

have dower in that case.

Provision when divorce for

husband.

$5. That a wife being a defendant, and convicted of adultery as aforesaid, shall not be entitled to dower in the husband's real estaté. or any part thereof, nor to any distributive share in his personal estate on his dying intestate.

$6. That when the divorce shall be decreed for the adultery of the husband, the wife, if there be no issue living at the time of the deadultery of cree, shall be restored to all her lands, tenements and hereditaments, and be allowed out of the personal and real estate, or both, of the husband, such alimony as the court shall think reasonable, not exceeding the use of one moiety of his real estate during the life of the wife, and the property of one-half of his personal estate, having regard to the personal property which came to the husband by the mar

riage and his ability; but if there be issue living at the time of the decree, the court, with regard to ordering restitution, or granting alimony as aforesaid, may do as they shall judge the circumstances of the case may require, and upon the application of either party may, from time to time, make such alterations therein as may be necessary.

for divorce how made,

what to

state, &c.

$7. That all applications for divorce may be made to the district Applications court of any county in the territory. The petition shall state the names and ages of the parties, the cause (being one of the preceding causes enumerated,) on which the prayer of the petition is founded, and shall request the court to inquire into the truth of the facts set forth, and that if found, on due evidence, to be true, a decree of divorce may be made.

ceeding.

S8. That the courts aforesaid shall be and they are hereby autho- Mode of prorized to hear witnesses in open court on the stand, or to receive depositions taken, with notice to the adverse party, under the order of the court or a judge at his chambers.

ven.

$9. That no want of form shall delay or obstruct the proceedings. Notice how Notice of the petition, and of the time of hearing the same, shall be long to be gi given to the opposite party in writing, by the party suing for divorce, at least sixty days before the hearing thereof, or such other notice as the court or judge at his chambers may direct, shall be given for such reasonable time as the court or judge may direct, and like notice of taking depositions shall be given in all cases. Provided, That if the parties shall both be residents of this territory, notice shall be given as aforesaid for at least thirty days before the application for such divorce, and in all cases in which an issue shall not be made up to be tried by a jury, the judge may hear, determine and decree upon the matters alleged in such petition at chambers.

&c.

10. If either party shall claim a trial by jury of the facts set forth Trial by ja in the petition, the court shall thereupon make up an issue and em- ry, except, pannel a jury for the trial thereof, and render judgment upon the finding of such jury. Provided, That if the petition allege impotency as the cause of divorce, the courts shall hear and decide upon the same, without the intervention of a jury.

AN ACT concerning the lien of mechanics and others for the cost of repairs and improvements on real es

tate.

for labor and

S1. Every person who shall by contract with the owner of any Lien allowed piece of land furnish labor or materials for erecting or repairing any materials. building or the appurtenances of any building on such land, shall have a lien upon the whole piece of land in the manner hereinafter provided, for the amount due to him for such labor or materials.

must be in

recorded.

$2. Such lien shall not attach unless the contract is made in wri- Contract ting, and signed and acknowledged before some person authorized to writing and take the acknowledgments of deeds by the owner of the land, or by some person duly authorized by him, and recorded in the registry of deeds for the county where the land lies.

$3. The lien shall be dissolved at the expiration of six months Limitation of after the time, when the money due by the contract or the last in

lien.

Land may be sold on peti

tion.

Suit when

deemed to

stalment thereof shall become payable, unless a suit for enforcing the lien shall have been commenced within the said six months.

S4. When any sum due by such contract shall remain unpaid for the space of sixty days after the same is payable, the creditor may upon a petition to the district court for the county where the land lies, obtain a decree for the sale thereof, and for applying the proceeds to the discharge of his demand.

$5. The petition may be filed in court or in the clerk's office in be coinmen- vacation, and in either case the filing of the petition shall be deemed the commencement of the suit.

ced.

Substance of petition.

given to

other creditors.

$6. The petition shall contain a brief statement of the contract on which it is founded, and of the amount due thereon, with a description of the premises which are subject to the lien, and all other material facts and circumstances, and shall pray that the premises may be sold and the proceeds of the sale be applied to the discharge of the demand.

Notice to be 7. The court in which the petition is entered shall order notice owner and to be given to the owner of the land, that he may appear and answer thereto at a certain day in the same term, or at the next term of the court, by serving him with an attested copy of the petition with the order of the court thereon, fourteen days at least before the time assigned for the hearing; and the court shall also order notice of the filing of the petition to be given to all the other creditors who have a lien of the same kind upon the same estate, by serving them with the last mentioned order fourteen days at least before the time assigned for the hearing.

Ib.

fb.

Claims may

and contest

ed.

S8. If it shall appear to the court that any of the parties so entitled to notice are absent, or that they cannot probably be found to be served with the notice as before provided, the court may, instead of the personal notice before mentioned, or in addition thereto, order notice to all persons interested to be given by publishing in some newspaper the substance of the petition with the order of the court thereon, assigning the time and place for hearing the cause, or may order such other notice to be given as shall under the circumstances of the case be considered most proper and effectual.

$9. If at the time assigned for the hearing, it shall appear to the court that any of the persons interested have not had sufficient notice of the suit, the court may order further notice to them in such manner as shall be considered most proper and effectual.

S10. At the time assigned for the hearing of the cause, or within be proved such further time as the court shall allow for that purpose, eve y creditor having a lien of the kind above mentioned upon the same estate, may appear and prove his claim, and the owner shall be admitted to deny and disprove the same, and also each of the said creditors shall have a right to contest the claim of every other creditor, and the court shall hear and determine the several claims in a summary manner, either with or without a jury, as the case may require.

Facts may

jury.

S11. Every material question of fact, arising in the case, shall be be tried by a submitted to a jury if required by either party, or if it shall be thought proper by the court, and such trial shall be had upon a question stated, or an issue framed under the direction of the court, or otherwise as the court shall order.