NORTH DAKOTA
113
NORTH DAKOTA
two trustees. No corporation or association for reli-
gious purposes shallacquire or hold real estate of greater
value than $200,000 (lawsof 1909). Charitable trusts
are favoured if conformable to the statute against per-
petuities, which forbids suspension of power or of alien-
ations for a longer period than the lives of persons in be-
ing at the creation of condition (Hager vs. Sacrison,
123 N. W. Rep., 51S). Cemetery corporation may be
formed with powers of regulation. The net proceeds
must go to protect and improve the grounds and not
to the profit of the corporation or members. Inter-
ment lot inalienable, but any heir may release to an-
other heir. Cemetery grounds are exempt from all
process, lien, and public burdens and uses.
Marriage and Divorce. — Any unmarried male of the age of eighteen or upwards and any unmarried female of the age of fifteen or upwards, not otherwise disqualified, are capable of consenting to marriage, but if the male is under twenty-one or the female under eighteen, the licence shall not be issued without the consent of parents or guardian, if there be any. Mar- riages between parents and children including grand- parents and grandchildren, between brothers and sis- ters, of half or whole blood, uncles and nieces, aunts and nephews, or cousins of the first degree of half or whole blood, are declared incestuous and absolutely void, and this applies to illegitimate as well as legiti- mate children and relations. A marriage contracted by a person having a former husband or wife, if the former marriage has not been annulled or dissolved, is illegal and void from the beginning, unless the formerhusband or wife was absent and Ijelieved by such person to be dead for five years immediately proceeding. Judges of all courts of record and justices of the peace, within their jurisdiction, "ordained ministers of the Gospel ", and "priests of every church" may perform the mar- riage ceremony. The form used by Friends or Quakers is also valid. Licences, issued by the county judge of the county where one of the contracting parties resides, must be obtained and the persons per- forming the ceremony must file the certificate thereof, and such licence with the county judge within thirty days after the marriage, such certificate to be signed by two witnesses and the person performing the cere- mony. Indians contracting marriage according to Indian custom and co-habiting as man and wife, are deemed legally married. All marriages contracted outside of the State and valid by the laws of the State where contracted, are deemed valid in this State. The original certificate and certified copy thereof are eviflences of marriage in all courts. Marriages may be annulled for any of the following causes existing at the time: (1) if the person seeking annulment was under the age of legal consent, and such marriage was contracted without the consent of parent or guardian, unless after attaining the age of consent, they lived together as husband and wife; (2) when former husband or wife of either party was living and former marriage then in force; (3) when either party was of unsound mind imless after coming to reason the parties lived together as husband and wife; (4) when consent was obtained by fraud, unless after full knowledge of facts the party defrauded continued to live with the other in marriage relation; (5) when consent was obtained by force, unless afterwards they lived freely together; (6) incapacity.
.'Actions for annulment where former husband or wife is living, and where party is of unsound mind, may be brought at any time before the death of either
Earty. Actions for annulment for other causes must e brought by the party injured within four years after arriving at age of consent or by i)arent or guardian before such time, also for fraud within four years after discovery. When a marriage is annulled children begotten before the judgment are legitimate and suc- ceed to the estate of both parents. Marriages be- tween white persons and coloured persons of one XL— 8
eighth or more negro blood are null and void by Act
of 1907, and severe penalty is provided against parties,
officials, and clergy for violation of the law. Divorce
may be granted for (1) adultery, (2) extreme cruelty,
(3) wilful desertion, (4) wilful neglect, (5) habitual
intemperance, (6) conviction of felony. Neither
party to a divorce may marry within three months
after decree is granted. Wilful desertion, wilful
neglect, or habitual intemperance must continue for
one year before it is a cause for divorce. As to proof
in divorce cases the Statute provides that no divorce
can be granted on default of the defendant or upon the
uncorroborated statement, admission, or testimony
of parties, or upon any statement or finding of facts
made by referee, but the court must in addition to
any statement or finding of referee, require proof
of facts alleged. The court has held that the fact
of marriage alleged in complaint may be admitted in
answer without other corroboration. The restriction
as to corroboration apphes to testimony, not to plead-
ing, and is intended to prevent collusive divorce.
This statute is more restrictive as to proof than the
proposed resolution. No. 13, of proceedings of the
National Congress on Uniform Divorce which reads:
"A decree should not be granted unless the cause is
shown by affirmative proof, aside from any admissions
on the part of the respondent." A residence of one
year in the State is required for the plaintiff in an ac-
tion of divorce. Dower and Curtesy are abolished,
and a deed of the homestead must be signed by both
the husband and wife. Labour of children under
fourteen years of age is prohibited, and stringent rules
provide for regulation of those under sixteen, and
no woman under eighteen years of age may be com-
pelled to work over ten hours ; age of consent is eigh-
teen years.
Wills. — A woman is of age at eighteen, and any person of sound mind may, on arriving at that age, dispose of his or her real and personal property by will. A married woman may will her property with- out the consent of her husband. A nuncupative will is hmited to .$1000, and to cases where the testator is in military service in the field, or on board ship, and anticipates death, or where death is anticipated from a wound received that day. There must be two witnesses who are requested by the testator to act as such, ."^n olographic will is one dated, written, and signed by the hand of the testator, and requires no other formalities. Other wills must be executed by the testator in presence of two witnesses, who in his presence and in the presence of each other, subscribe as witnesses.
Edvcation. — The educational system in North Dakota is on a broad basis. Sections 16 and 36 of each Congressional township are given to the common schools by Congress, also 5 per cent of the net proceeds of the sale of public lands subsequent to admission, to be used as a permanent fund for schools, interest only to be expended for support of common schools. The enabling act also gives 72 sections for university purposes, to be sold for not less than ten dollars per acre, proceeds to constitute a permanent fund, interest only to be expended. .\lso 90,000 acres for the Agri- cultural College, 40,000 acres each for the School of Mines, Reform .'school, Deaf and Dumb School, Agricultural College, .'>tate riiiversity, two State Normal Schools; 50,000 acres for capital buildings and 170,000 acres for such other educational and chari- talili' iii.slitutions as the legislature may determine. No part of the school fund may be wupA for support of any.sectarian or denominational school. <'oIlege, oruni- versity. The Normal Schools are located at .Mayville and Valley City, the Industrial Training ."School at Ellendale, the School of J^orestry at Bottineau, the Agricultural College at Fargo, the State University (Arts, Law, Engineering, Model High School, State School of Mines, Pubhc Health Laboratory and
