also as the expense of posting and keeping them, shall be paid. Any justice of the peace in the township or precinct shall have jurisdiction of all such reclamation of animals, together with the damages, expense of keeping and posting the same, when the amount claimed does not exceed one hundred dollars.

2334. Lands of two or more under one inclosure-Damages by one to other.

SEC. 3. When two or more persons shall cultivate lands under one inclosure, neither of them shall place or cause to be placed any animal on his, her or their ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others; and if repeated, after due notice is given, and for every subsequent repetition, double damages, to be recovered in any court having jurisdiction.

See Chase v. Chase, 15 Nev. 259.

An Act to prevent trespass upon real estate by live stock, fixing damages therefor, and other matters relating thereto, and to repeal an act entitled "An act to prevent trespass upon real estate by live stock, and other matters relating thereto," approved March 15, 1889.

Approved February 18, 1893, 30

2335. Consent of owner of range to be obtained.

SECTION 1. It shall be unlawful for any person or persons to herd or graze any live stock upon the lands of another without having first obtained the consent of the owner or owners of the land so to do; provided, that the person claiming to be the owner of said lands has the legal title thereto, or an application to purchase the same, with first payment made thereon.

The act of 1903, 47, did not repeal this act by implication. Pyramid L. & S. Co. v. Pierce, 30 Nev. 237 (95 P. 210).

2336. Damages, how recovered-Stock may be attached-Lien superior. SEC. 2. The live stock which is herded or grazed upon the lands of another, contrary to the provisions of the first section of this act, shall be liable for all damages done by said live stock while being unlawfully herded or grazed on the lands of another, as aforesaid, together with costs of suit and reasonable counsel fees, to be fixed by the court trying an action therefor, and said live stock may be seized and held by writ of attachment issued in the same manner provided by the general laws of the State of Nevada, as security for the payment of any judgment which may be recovered by the owner or owners of said lands for damages incurred by reason of a violation of any of the provisions of this act, and the claim and lien of a judgment or attachment in such an action shall be superior to any claim or demand which arose subsequent to the commencement of said action.

The provision for an attorney's fee in this section in favor of the party recovering damages is a proper police regulation and is constitutional. Pyramid L. & S. Co. v. Pierce, 30 Nev. 237 (95 P. 210).

Cited, Dangberg v. Ruhenstroth, 26 Nev. 455 (70 P. 320).

Cited, State ex rel. Jones v. Brown in dis

senting opinion of Sweeney, J., 30 Nev. 501 (98 P. 871).

This statute merely contemplates an action at law for damages, and an action brought thereunder is in no sense an equity proceeding, so as to give the district court jurisdiction. Dangberg v. Ruhenstroth, supra.

2337. Act not applicable to certain stock.

SEC. 3. This act shall not apply to any live stock running at large on the ranges or commons.

Act of 1889, 129, to prevent trespass upon real estate by live stock and the act of 1903, 47, both since repealed, are cited in Pyramid L. & S. Co. v. Pierce, 30 Nev. 237 (95 P. 210).

The act of 1877, 76, now repealed, but incorporated in the crimes and punishment act, was cited in Chase v. Chase, 15 Nev. 262. The act of 1862, 13, to prevent the tres

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

'Defendant was married in 1893 to S. by written contract. Subsequently the parties separated by mutual consent and thereafter the defendant was formally married to L. by justice of the peace. It was held that

the marriage to S. was a valid marriage, and that the subsequent marriage to L. constituted bigamy in defendant. State v. Zichfeld, 23 Nev. 304 (62 A. S. 800, 34 L. R. A. 784, 46 P. 802).

2339. Legal age-Consanguinity-Consent of parents.

SEC. 2. Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage; provided, always, that male 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; 1891, 15.

Sec. 3 repealed, Stats. 1867, 89.

Bigamy, penalty for, secs. 6456-6457.

Incest, penalty for, sec. 6458.

Abandonment of wife or child, penalty for, sec. 6446; failure to support, penalty for, sec.

6481.

Gross misdemeanor for person of white race to intermarry with person of black, brown, yellow or red race, or for any person to perform ceremony of marriage in such case, secs. 6514-6516.

See State v. Zichfeld, under sec. 1 of this act.

The lawful age of marriage in this state is eighteen years in males and sixteen years in females, and marriages made by persons of such age are valid and binding, though made without consent of parents or guardians. Fitzpatrick v. Fitzpatrick, 6 Nev. 63. When a female of the age of sixteen years entered into a marriage "without force or fraud, and with her full and free consent," it was held that there was no ground of divorce on account of want of legal age, though there was no consent by any parent or guardian. Idem.

The proviso in this section, that the issue of a marriage of persons not of lawful age shall not be illegitimate, refers to the issue of marriages under eighteen years in males and sixteen in females. Idem.

The proviso in this section against the illegitimacy of the issue of a marriage of persons not of lawful age, does not indicate any intention on the part of the legislature to render marriages of males between eighteen and twenty-one, or of females between sixteen and eighteen, void on account of being made without the consent of guardian or parents. Idem.

2340. Who may perform marriage-License-Ministers must be licensedMust exhibit license-Clerk to keep record.

SEC. 4. It shall be lawful for any ordained minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the 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; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel, upon producing to the district court of any county, or district. within this state, credentials 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 marriage, his license so obtained, and the said clerk shall 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; 1899, 47; 1901, 19; 1911, 317.

Misdemeanor to perform marriage without license, secs. 6479 6480.

2341. Marriage license-County clerk to grant-Fee of clerk and recorder. SEC. 5. Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of the county where the persons, or one of them, intending to be married, reside (or in case the persons intending to be married do not reside in this state, then from any county clerk in the state). The county clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the clerk 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 shall not have been previously married, the consent of the parent or guardian shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license, affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk 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. The clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the county recorder as his fee for recording the certificate named in section 8. As amended, Stats. 1867, 89; 1899, 48.

The above provisions are formal and directory, and do not render void a common-law marriage by consent per verba de præsenti.

State v. Zichfeld, 23 Nev. 304 (62 A. S. 800, 34 L. R. A. 784, 46 P. 802).

2342. Solemnization-No particular form-Two witnesses.

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

2343. Marriage certificate.

SEC. 7. When a marriage shall have been solemnized the persons solemnizing the same shall give to each of the parties, 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.

2344. Record of certificate-Form of.

SEC. 8. Every person solemnizing a marriage shall make a record thereof, and within thirty days after such marriage shall make and deliver to the recorder of deeds of the county where such license was issued 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... 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. As amended, Stats. 1899, 48.

2345. Certificate to be filed and recorded by county recorder.

SEC. 9. All such certificates shall be filed and recorded by the said recorder in a book to be kept by him for that purpose; and he shall receive a fee of one dollar from the county clerk who shall be entitled to collect the same from the parties applying for such license before he issues the license. As amended, Stats. 1899, 49.

2346. Failure to record certificate-Penalty.

SEC. 10. Every person solemnizing a marriage who shall fail or neglect to make and deliver to the recorder, a certificate thereof, within the time specified in section 8, shall be guilty of a misdemeanor and punished by a fine of not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than fifty days or by both such fine and imprisonment; and every recorder whose legal fees therefor shall have been tendered him, who shall fail or neglect to record such certificate, shall be guilty of a misdemeanor and punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than fifty days or more than six months, or by both such fine and imprisonment. As amended, Stats. 1903, 70.

2347. False certificate-Gross misdemeanor.

SEC. 11. If any person shall wilfully make any false certificate of any marriage or pretended marriage, he shall 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. 2348. Unauthorized persons performing-Ceremony where known legal impediment-Gross misdemeanor.

SEC. 12. If any person shall undertake to join others in marriage, knowing that he is not lawfully 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.

2349. Want of power unknown-Marriage valid.

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

2350. Record presumptive evidence of marriage.

SEC. 14. The original certificate and records 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.

2351. Illegitimate children legitimized.

SEC. 15. Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other.

2352. Fines-Application of.

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. See sec. 355 (constitution).

2353. Forms used by Friends or Quakers valid.

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

2354. When void without decree of divorce.

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. 2355. Marriage of parties incapable of assenting or when fraud praeticed-When void.

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 cohab