Page:United States Statutes at Large Volume 31.djvu/1444

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1392 FIFTY-SIXTH CONGRESS. Sess. H: GH. 854. 1901. ,ngg‘,‘gh,§,'j{,,}’;°$_f€,‘}é Sec. 1286. BY wHoM SUIT BROUGHT.—-A proceeding to declare the brought- nullity of a marriage may be instituted in the case of an infant under the age of consent by such infant, throu h a next friend, or by the parent or guardian of such infant; andg in the case of an idiot or lunatic by next friend. But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and willfully contracted any marriage declared illegal by the foregoing sections. m§g§”*¤S€ °“*°*D*S· Sec. 1287. MAn1uAeI1 oUT or Drsrarcr.-—If any marriage declared illegal by the afore oing sections shall be entered into in another jurisdiction by persons iaving and retaining their domicile in the District of Columbia, such marriage shall be deemed illegal, and may be decreed to be void in said District in the same manner as if it had been celebrated therein. _c§;D§*,;$’;}€;§g;;§*;g€ SRU. 1288. BY wHoM MARRIAGE ci=:REMoNY PERFORMED.—-·FOI‘ the `` purpose of preserving the evidence of marriages in the District, every minister of the gospel appointed or ordained according to the rites and ceremonies of his churc , whether his residence be in the District or elsewhere in the United States or the Territories, may be authorized by any justice of the supreme court of the District of Columbia to celebrate marriages in the District. And marriages may be celebrated in the District by any justice of the peace or by any judge or justice of any court of record. ‘ ,,g;?“*h°"”°*d map Sec. 1289. UNAUTHORIZED MARRIAGE.-—If any one except a minister or other person authorized by the foregoing section shall hereafter celebrate the rites of marriage in said District, he shall be subject to the penalty prescribed in the following section. 1. €€1e>§¤¤¤ ¤<>_ have Sino. 1290. L1oENsE.—-No person authorized hereby to celebrate the ICEUSB. p€I18.lty. · . • . • . rites of marriage shall do so in any case without first having delivered to him a license therefor issued from the clerk’s office of said supreme court, under a penalty of not more than five hundred dollars, in the discretion of the court, to be recovered upon information in the police court of the district. t amerk te ¤>=¤¤¤¤¤ Sec. 1291. DUTY or cLnnK.—It shall be the duty of the clerk of pplicaut, etc. . . . _ . . the supreme court before Issuing any license to solemmze a marriage to examine any applicant for said license under oath and to ascertain the names, ages, and color of the parties desiring to marry, and if they are under age the names of their parents or guardians, whether they were previously married, whether they are related or not, and if so, in what degree, which facts shall appear on the face of the application, of which the clerk shall provide a printed form, and any false swearing in re ard to such matters shall be deemed perjury. €¤r¤S¤_g¤ ¤f parent Sec. 1292. §ONSENT or PARENT OR GUARDIAN.——If any male person or glm m` intending to marry and seeking a license therefor shall be under twenty-one years of age, or any female so intending shall be under eighteen years of age, and shall not have been previously married, the said clerk shall not issue such license unless the father of such person, or, if there be no father, the mother, or, if there be neither father nor mother, the guardian, if there be such, shall consent to such proposed marriage, either personally to the clerk, or by an instrument in . writing attested by awitness and proved to the satisfaction of the clerk. F<>¤¤ <>fl¥¢<=¤¤€- Sec. 1293. FoRM OF LICENSE···LlCBHSBS to perform the marriage ceremony shall be in the-following form: Number -- . To any minister or other person authorized to celebrate marriages _ in the District of Columbia, greeting: You are herebjzaughorized to celebrate the rites of marriage between

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and having done so, you are commanded to make return of the same