Part 11 (1/2)

If any person marry his father's sister, mother's sister, father's widow, wife's mother, daughter, son's widow, sister, son's daughter, daughter's daughter, son's son's widow, daughter's son's widow, brother's daughter, or sister's daughter, or, if any woman marry her father's brother, mother's brother, mother's husband, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, brother's son, or sister's son; or if any person, being within the degrees of consanguinity or affinity in which marriages are prohibited by this section, carnally know each other, they shall be deemed guilty of incest, and shall be punished by imprisonment in the state penitentiary for a term not exceeding ten years and not less than one year. [--5351.]

[Sidenote: Illegitimate children. Complaint.]

When any woman residing in any county in the state is delivered of a b.a.s.t.a.r.d child, or is pregnant with a child, which, if born alive, will be a b.a.s.t.a.r.d, complaint may be made in writing by any person to the district court of the county where she resides, stating that fact, and charging the proper person with being the father thereof. [--6113.]

[Sidenote: Judgment.]

If the accused be found guilty, he shall be charged with the maintenance of the child in such sum or sums and in such manner as the court shall direct, and with the costs of the suit. [--6119.]

[Sidenote: Marriage of parents.]

Illegitimate children become legitimate by the subsequent marriage of their parents. [--3391.]

CHAPTER XI.

MISCELLANEOUS PROVISIONS.

[Sidenote: Action for damages under prohibitory liquor law.]

Every wife, child, parent, guardian, employer or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of the intoxication habitual or otherwise, of any person, shall have a right of action in his or her name, against any person, who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained, as well as exemplary damages; and a married woman shall have the same right to bring suits, prosecute and control the same, and the amount recovered, as if a single woman, and all damages recovered by a minor under this action, shall be paid to such minor, or his parent, guardian, or next friend, as the court shall direct, and all suits for damages under this section shall be by civil action in any court having jurisdiction thereof. [--2418.] Under this section a woman is ent.i.tled to recover for the death of her husband, or for personal injuries to him, or to herself caused by intoxication. She may recover damages for mental anguish, shame, or suffering, resulting from injuries to the person, and for injuries to, or loss of property, and means of support.

[Sidenote: Parties in action for seduction.]

An unmarried female may prosecute as plaintiff, an action for her own seduction and recover such damages as may be found in her favor.

[--3760.] In a civil action for damages it is not necessary that an unmarried woman be of previously chaste character to enable her to recover for loss of health, physical suffering, etc., but without that she cannot recover for loss of character.

[Sidenote: For injury or death of minor child.]

A father, or in case of his death, or imprisonment, or desertion of his family, the mother may prosecute as plaintiff, an action for the expenses and actual loss of service resulting from the injury or death of a minor child. [--3761.]

[Sidenote: Married women]

A married woman may, in all cases, sue and be sued without joining her husband with her, to the same extent as if she were unmarried, and an attachment or judgment in such action shall be enforced by or against her as if she were a single woman. [--3667.]

[Sidenote: Defense.]

If husband or wife are sued together, the wife may defend for her own right; and if either neglect to defend, the other may defend for that one also. [--3768.]

[Sidenote: When husband or wife deserts family.]

When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had; and under like circ.u.mstances the same right shall apply to the husband upon the desertion of the wife. [--3769.]

[Sidenote: Evidence. Husband and wife.]