Chapter 33

[1179]Gen. Stat.(1887), 609. The question of good faith is not raised in the statute.Cf.Gen. Stat.(1902), 1086.[1180]Wright,Report, 28.Cf.Vermont Stat.(1894), 516;Rev. Stat. of Mass.(1836), 476;ibid.(1882), 809;Rev. Laws of Mass.(1902), II, 1346;Rev. Stat. of Maine(1884), 516;ibid.(1857), 391.[1181]Wright,Report, 35.[1182]Gen. Stat.(1887), 343;ibid.(1902), 375.[1183]Rev. Stat. of Me.(1884), 883.[1184]In case of abduction. This offense is punishable by imprisonment for a term of not more than one year or a fine of not exceeding $1,000:Pub. Stat.(1882), 1165. This law originated in 1852: see the act of May 20, 1852 (Supp. to Rev. Stat., 1836-1853, 852), whose penalties are, however, not the same.Cf.Rev. Laws(1902), II, 1785.[1185]Pub. Acts of Conn.(1895), 667. This precedent has been followed by Minnesota and Kansas: see p. 480, below.[1186]Under a penalty of $20 for each offense:Rev. Stat.(1884), 516;ibid.(1870), 484;Acts and Resolves(1858), chap, xiv, secs. 2, 3, p. 12.[1187]In the case of paupers a license may not be issued without the written consent of the selectmen or overseer of the poor of each of the towns where the parties reside, or which are liable for their support:Vermont Stat.(1894), 501.[1188]In Maine such children are legitimized by marriage; in Connecticut, Massachusetts, New Hampshire, and Vermont, by marriage and acknowledgment of father:Wright,Report, 26, 27.Cf.Pub. Stat. of N. H.(1891), 495;Vermont Stat.(1894), 485;Gen. Stat. of Conn.(1887), 157;Rev. Stat. of Me.(1884), 611;Pub. Stat. of Mass.(1882), 743.[1189]Gen. Laws of R. I.(1896), 805, 806;Rev. Stat. of Me.(1884), 838, 839;Vermont Stat.(1894), 269, 270;Pub. Stat. of N. H.(1891), 596;Gen. Stat. of Conn.(1887), 318, 319.[1190]Acts and Laws of Conn.(1784), 135, 136.[1191]Pub. Stat. Laws(1808), I, 477 n. 1.[1192]Acts and Laws(1750), 144.Cf.alsoActs and Laws(1786), 135 ff.;ibid.(1805), 285, 286;Pub. Stat. Laws(1821), 316;ibid.(1835), 369, 370;ibid.(1839), 412, 413;Rev. Stat.(1849), 272;Statutes(1854), 374-78 (repeal of old law and enactment of a new registration system).[1193]Laws of N. H.(1797), 296.[1194]SeeConst. and Laws(1805), 296, 297;Laws of the State(1815), 350, 351;ibid.(1830), 172-74;Rev. Stat.(1843), 290-92;Compiled Stat.(1853), 375, 376;Laws of N. H.(1854), 1415, 1416 (new system introduced).[1195]Laws of the Com. of Mass., 1780-1816, I, 322, 323.[1196]Laws of the Com. of Mass.(1834), 251-57;Rev. Stat.(1836), 476;Supp. to Rev. Stat., 1836-1853, I, 597;Acts and Resolves(1850), 347 (act of March 28, establishing the modern license system).[1197]It was retained in Vermont until 1864:Gen. Stat.(2d ed., 1870), 856.Cf.the acts of 1779 and 1784 inSlade,State Papers, 292, 484; andLaws of the State(1798), 380, 331; and in Maine untilafter1858: compareLaws of the State(1821), I, 340 ff.;Rev. Stat.(1857), 390;Acts and Resolves(1858), 12 (new system introduced). A reactionary step was taken in the Rhode Island law of Jan., 1849. Hitherto the optional plan had prevailed; by this act, in all cases, solemnization is allowed only after at least one notice in a religious meeting: seePublic Laws, 1848-1851, 757. ThePub. Laws(1844), 267, show the optional plan in force; but it does not appear inRev. Stat.(1857), 312, 313, a certificate of qualification presented by the parties to the person conducting the ceremony taking its place.The following is the form of notice required to be posted for fourteen days, when application is made to a lay officer—justice, warden, and later a judge—as given in thePub. Laws of R. I.(1798), 481, 482:"Knowall men by these presents, that A. B. of —— and C. D. of —— have declared unto me their intentions of marriage.... I do therefore hereby make public the said intentions. If any person know any just cause or impediment why these persons shall not be joined together in marriage, they may declare the same as the law directs. Given under my hand and seal, at ——, this —— day of ——."[1198]For the special case of a male under eighteen and a female under sixteen, see above, subsec.b).[1199]Pub. Stat. of Mass.(1882), 810;Rev. Laws(1902), II, 1347, 1348, 1352.[1200]Pub. Stat. of Mass.(1882), 258.[1201]Rev. Stat. of Me.(1884), 515, 516;Vermont Stat.(1894), 501.[1202]Pub. Stat. of R. I.(1882), 416, 417;Gen. Laws(1896), 622, 623, where the elaborate forms of the declarations of the "expectants" are given in full; and the act of 1898,Acts and Resolves, 47 ff.Cf.Gen. Stat. of Conn.(1887), 24, 608, 609;Pub. Stat. of N. H.(1891), 493, 494;Gen. Laws of N. H.(1878), 428;Gen. Stat. of N. H.(1867), 331;Laws of N. H.(1903), 79, requiring non-residents to file notice five days before issue of certificate.[1203]In Connecticut the fine for such illegal celebration was for a long time just $67:Acts and Laws(1805), 286;Rev. Stat.(1849), 273; but it is now $100:Gen. Stat.(1902), 1086. In Massachusetts the fine is not to exceed $500:Acts and Resolves(1896), 257; earlier it was $50 to $100:Pub. Stat.(1882), 811; in Rhode Island the penalty is $1,000, or not to exceed six months' imprisonment:Gen. Laws(1896), 625;Acts and Resolves of R. I.(1899), 51; in Maine, $100, one-third to the prosecutor and two-thirds to the county:Rev. Stat.(1884), 517; in Vermont, not less than $10:Vermont Stat.(1894), 502; in New Hampshire it is $60, to the parent, master, or guardian of either party, who may prosecute:Pub. Stat.(1891), 494;Gen. Laws(1878), 428.[1204]By the early laws of Rhode Island, after the wedding, the person solemnizing gave to the parties a certificate in the following form: "I hereby certify that A. B. of ——, son of ——, and C. D. of ——, daughter of ——, were lawfully joined together in marriage on the —— day of —— by me the subscriber."—Pub. Laws(1798), 486. At present the "indorsement" is in similar form:Gen. Laws(1896), 624.[1205]In Connecticut and Vermont the indorsed certificate is sent to the officer of the town whence it issued; in Rhode Island, to the officer of the town where the marriage was solemnized:Gen. Stat. of Conn.(1887), 609;Vermont Stat.(1894), 501, 502;Acts and Resolves of R. I.(1899), 49, 50;Gen. Laws of R. I.(1896), 624. The form of indorsement prescribed in Rhode Island is as follows: "I hereby certify that the herein described —— and —— were joined in marriage by me, in accordance with the law of the state of Rhode Island, in the —— of —— this —— day of ——, A. D., 189-."—Ibid., 624. Earlier in Connecticut a separate certificate of the solemnization was sent to the clerk:Pub. Stat. Laws(1821), 317.[1206]Pub. Acts of Conn.(1899), 998.[1207]Rev. Stat. of Me.(1887), 517:Freeman,Supp. to Rev. Stat., 368, 369.[1208]Act of May 17, 1892:Acts and Resolves(1892), 250-52.[1209]Pub. Stat. of Mass.(1882), 811.[1210]Rev. Stat. of Me.(1884), 516. But in Maine the certificate or declaration must be filed in the towns where the parties "respectively" dwell.[1211]Pub. Stat. of N. H.(1891), 494;ibid.(1900), 589;Gen. Laws(1878), 428.[1212]Vermont Stat.(1894), 540.[1213]Ibid.[1214]Acts and Resolves of Mass.(1897), 420, 421. For the earlier law as to the clerk's record seePub. Stat.(1882), 256. In 1786 the town clerk is to report to the clerk of the general sessions of the peace in each county, who is to keep a record:Laws of the Com., 1780-1816, I, 323.[1215]Pub. Stat. of N. H.(1900), 588.Cf.Gen. Laws(1878), 428;Gen. Stat.(1867), 331; and the act of 1851,Laws of N. H.(1851), chap. 1103;Comp. Stat.(1853), 284, 285, which seem to have first introduced something like a modern provision for record.[1216]Freeman,Supp. to Rev. Stat., 1885-1895, 370-75;Laws(1891), chap. 118, 127, as amended byLaws(1893), chap. 233, 248, andLaws(1895), chap. 154, 169-73.[1217]Act of May 6, 1897:Pub. Acts, 850.Cf.for the earlier lawGen. Stat.(1887), 608.[1218]Gen. Laws of R. I.(1896), 331, 622, 623; superseded by act of May 6, 1898:Acts and Resolves, 47 ff.[1219]In Massachusetts report is made to the secretary of the commonwealth:Pub. Stat.(1882), 255-58;Acts and Resolves(1897), 421-29; in New Hampshire and Maine, to the state registrar of vital statistics, being the secretary of the state board of health:Pub. Stat. of N. H.(1891), 490-92;Laws(1899), 255, 256;Freeman,Supp. to Rev. Stat. of Me., 1885-1895, 370; in Connecticut, to the superintendent of registration of vital statistics, who is the secretary of the state board of health:Gen. Stat.(1887), 20 ff., 566;cf.Public Acts(1897), 850.[1220]Gen. Laws(1896), 624. See the act of 1899,Acts and Resolves, 19, providing for the registration of births, deaths, and marriages, knowledge of which may in any reliable way come to the recorder.[1221]By an act of 1893 the registrars of births, deaths, and marriages are directed, so far as possible, to complete the records from Jan. 1, 1850:Pub. Acts(1893), 324. This act has since been twice supplemented:ibid.(1895), 552;ibid.(1897), 836.[1222]Acts and Resolves of Me.(1903), 168.[1223]Act of Nov. 30, 1898:Acts and Resolves of Vt.(1898), 41-46, repealing the act of 1896 and all other acts in conflict.Cf.alsoVermont Stat.(1894), 538-40.[1224]In this section the laws of marriage are traced for the following twenty-one districts and commonwealths: the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia; Indian Territory, the territories of Arizona, New Mexico, Oklahoma, Porto Rico, and the District of Columbia.[1225]See chap. xiii.[1226]See chap, xiii, sec. i.[1227]Hening,Statutes, X, 361-63;cf.Jefferson,Notes on the State of Va.(Brooklyn, 1794), 174.[1228]Hening,op. cit., X, 363.[1229]The testimonial runs as follows: "This shall certify to all whom it may concern, that at a court held for ——, on the —— day of ——, one thousand seven hundred and ——, A. B. produced credentials of his ordination, and also of his being in regular communion with the —— church, took the oath of allegiance to the commonwealth, and entered into bond, as required ... , and that he is hereby authorized to celebrate the rites of matrimony," etc.—Hening,op. cit., XI, 503 (act of Oct., 1784).[1230]Ibid., 504.[1231]Act of Dec. 22, 1792:Acts of the Gen. Assembly(1794), 202-6.[1232]Hening,op. cit., XI, 281, 282. By the act of 1792, also, marriages celebrated by magistrates before 1785 were legalized:Acts of the Gen. Assem., 203.[1233]They are called "commissioners" in the act of 1830:Acts(1830-31), 103.[1234]Acts of the Gen. Assem. of Va.(1794), 331.[1235]So to Ohio and Brooke counties in 1796:Acts of the Gen. Assem.(1803), 371; and to Bath county in 1830:Acts(1830-31), 103.[1236]Act of Dec. 20, 1830:Acts(1830-31), 103. CompareRevised Code(1819), I, 393-403; andTate,Digest(1823), 417, where the provisions of 1794 and 1792 as to lay commissioners and bond are retained and made general.[1237]Code of Va.(1887), 555.Cf.Code of Va.(2d ed., 1860), 524, where this provision appears in the same terms.[1238]Laws of 1784 and 1792 as amended at the revision of 1819:Revised Code(1819), I, 396;Tate,Digest, 416.[1239]Act of Feb. 13, 1812, chap. 25:Tate,Digest, 416.[1240]Act of Feb. 16, 1831:Acts(1830-31), 102; also inSupplement to Revised Code(1833), 221.[1241]Code of Va.(1878), 555.[1242]Acts of the Legislature of W. Va.(1868), 29.[1243]Ibid.(1872-73), 501.[1244]Acts of the Legislature of W. Va.(1877), 135.[1245]See the act of March 18, 1882:Acts of the Leg.(1882), 312, 313; which is retained inCode of W. Va.(1897), 654, 655; and there has been no later legislation.[1246]Act of Feb. 3, 1798:Stat. Law of Ky.(ed.Littell), II, 65, 66. Provision was made in 1814 for revoking the testimonial whenever a minister shall be "suspended, deposed, or excommunicated, by and from the society to which he belongs, for any other cause than a difference in religious tenets."—Ibid., V, 95, 96.[1247]Act of Dec. 12, 1799:Stat. Law of Ky., II, 275, 276.[1248]Kentucky Stat.(1894), 764, 765; agreeing in essential provisions with the act of March 24, 1851, taking effect July 11, 1852: inActs(1850-51), 212-16.Cf.Kentucky Stat.(1899), 823.[1249]See chap. xiii, sec. ii, above.[1250]Poe,Code of Md.(1888), 975. CompareKilty,Laws, 1777, chap. 12, sec. 3; andLaws of Md.(1787), 1777, chap. 12, sec. iii.[1251]Act of May 13:U. S. Stat. at Large, XXIX, 118-20;Moore,Code(1902), 266.[1252]Iredell-Martin,Acts of the Gen. Assem., 1715-1803, I, 253.[1253]North Carolina Code, I, 689, retaining the act inLaws(1871-72), chap. 193, sec. 3.[1254]For the early years seeScott,Laws of the State of Tenn.(1821), Index at "marriage;"Statute Laws(1831), 219, 220;Caruthers and Nicholson,Compilation(1836), 449-52.[1255]Code of Tenn.(1884), 609. The judges were empowered byActs(1846), chap. 145, pp. 220, 221; chancellors in 1842;Statute Laws(1846), 126; rabbis byActs(1879) chap. 98; and the governor and speakers byActs(1889), chap. 134, p. 272.[1256]Editorial note,Brevard,Alphabetical Digest(1814), II, 438.Cf.on this point the remarks ofEditor Desaussure, in connection with the case of Vaigneuret al.,v.Kirk (1808), in 2S. C. Equity Reports, 644-46."In South Carolina the only reference to the parties by whom marriages may be solemnized is found in section 2034, General Statutes, 1882, which provides a penalty for the solemnization of marriage between white and colored persons by 'any clergyman, minister of the gospel, magistrate, or other person authorized by law to perform the marriage ceremony.'"—Wright,Report, 50, 51.[1257]Digest of the Laws of Georgia(Philadelphia, 1801), 314. Contracts previously celebrated before any justice of the peace, minister, or preacher of the gospel are confirmed: and the same persons, if properly qualified or ordained, are in future authorized to perform the ceremony, in each case after due notice or license.[1258]Judges and justices of inferior courts are mentioned as having power to join persons in marriage in the act of 1799:Digest of the Laws of Ga., 733.[1259]Code of Ga.(1882), 392, 393;ibid.(1896), 11, 223, 224.[1260]Acts(1866), 156, 157;Code of Ga.(1896), II, 5.[1261]An act of Feb. 19, 1836, validates marriages illegally solemnized by members of the board of county police:Code of Miss.(1848), 496.[1262]In these states and territories marriage may be celebrated as follows:(1) Florida: By "all ordained ministers of the gospel in communion with some church, all judicial officers and notaries public":Rev. Stat. of Florida(1892), 679 (act of Feb. 8, 1861). For the earlier law see act of Nov. 2, 1829, inThompson,Manual or Digest(1847), 219;Duval, 88.(2) Arkansas: By the governor of the state for the time being; any judge of the courts of record; any justice of the peace of the county where the marriage is solemnized; any regularly ordained minister or priest of any religious sect or denomination, when he shall have caused to be recorded in the office of clerk and recorder of some county in the state the license or credentials of his clerical character, and shall have obtained from such clerk a certificate of the record thereof; religious societies which reject formal ceremonies, to which the parties belong, using their own rites:Digest(1894), 1126, 1127, being the same law as inRev. Stat.(1838), 536-38.(3) Arizona: By a regularly licensed or ordained minister of the gospel; any judge of the courts of record; justices of the peace of the several counties:Rev. Stat.(1887), 371;ibid.(1901), 808, 809.(4) New Mexico: By any ordained clergyman, without regard to the sect to which he may belong; any civil magistrate; any religious society by its own rites:Compiled Laws(1897), 405, 406; see act of Feb. 2, 1860:Laws(1860), 120, or inRev. Stat.(1865), 534.(5) Alabama: By any licensed minister of the gospel in regular communion with the Christian church or society of which he is a member; pastor of any religious society, according to the rules ordained or customs established thereby; Quakers, Menonists, and other Christian societies, according to their forms of consent published and declared before the congregation; all judges of supreme, circuit, or city courts, or a chancelor, throughout the state; any judge of probate or justice of the peace within his county:Code of Alabama(1897), I, 828. For the law of Jan. 5, 1805, enacted by the "Legislative Council and House of Representatives of Mississippi Territory," seeToulmin'sDigest(1823), 576, 577; orStat. of Miss. Territory(1816), 328-30.(6) Mississippi: By any minister of the gospel ordained according to the rules of his church or society, in good standing; judges of the supreme or circuit court; justices of the peace within their respective counties; members of the boards of supervisors within their respective counties; Quakers, Menonists, or any other Christian society, to which the parties belong, according to their own customs:Annotated Code(1892), 678. Compare the laws of Jan. 5 and July 20, 1805, revised and amended Feb. 10, 1807, inStat. of Miss. Territory(1816), 328-30, already cited for Alabama, which was originally a part of the Mississippi Territory; also the act of June 29, 1822, inCode of Miss.(1848), 492, 493, being practically the same as the law of 1805 as modified by that of 1807.(7) Missouri: By any judge of a court of record; any justice of the peace; or any licensed or ordained preacher of the gospel who is a citizen of the United States: act of March 1, 1897:Laws, 116; also inRev. Stat.(1899), I, 1036. The statute of April 24, 1805, enacted by the "Governor and Judges of the Indiana Territory"—who were authorized and empowered by an act of Congress to make laws for the "District of Louisiana," of which Missouri was a part—allows judges of the general court, or of the county court of common pleas, in their respective jurisdictions, and ministers of any religious society or congregation within the districts in which they are settled, and Quakers in their public meetings to solemnize marriages:Laws of a Pub. and Gen. Nature(1842), I, 66. Compare the act of Feb. 20, 1835, inRev. Stat.(1835), 401, 402; andRev. Stat.(1845), 729-31.(8) Indian Territory: By act of Congress, May 2, 1890,U. S. Stat. at Large, XXVI, 81, the marriage laws of Arkansas, except as expressly modified, are put in force. Thus, by federal enactment, marriages entered into by Indian customs are valid; and, in addition to the persons authorized in Arkansas, they may be solemnized by clerks, deputy clerks, and commissioners of the United States courts,Annot. Stat. of Ind. Ter.(1899), 12, 13, 507 ff.(9) Oklahoma: By a justice of the supreme court, judge of the district or probate court, justice of the peace, a duly ordained, licensed, or authorized preacher or minister of the gospel or priest of any denomination; and previous to 1897, in case of Indians, by the peacemakers, their agents, or the superintendent of Indian affairs. Non-compliance with the statute does not invalidate a marriage:Stat. of Oklahoma(1893), 669; act of Feb. 26:Session Laws(1897), 210. By another act of 1897 Indian marriages hitherto celebrated by their own rites are validated, and for the future forbidden, the Indians having accepted land in severalty being subjected to the statute:ibid., 212-15.(10) Porto Rico: By any judge, or by any clergyman or minister of any religion or sect, whether a citizen of the Island or of the United States:Rev. Stat. and Codes(1902), 808, 811.[1263]Compare the acts of March 26, 1804, and March 2, 1805:U. S. Stat. at Large, II, 283-89, 322, 323; also inPoore,Charters, I, 691-97.[1264]Act of March 3, 1805:U. S. Stat. at Large, II, 331, 332; also inPoore,Charters, I, 697, 698. This act places the appointment of the governor in the hands of the president; but the judges are merely to be "appointed" and hold their office for four years.On the institution of government in the territory of Orleans seeAdams,U. S., II, chap. ii.[1265]Digest of Civil Laws now in force in the Territory of Orleans(1808), 26.[1266]Ibid., 24.[1267]Lislet,General Digest(1828), II, 3.[1268]It is contained inLislet,op. cit., II, 3-13; also (in part) in theDigest of the Civil Laws now in force in the Territory of Orleans, 24 ff.; with the changes to date of publication inCode civil de l'état de la Louisiane(1825), 80 ff.; in the reprint of the last-named compilation inCivil Code of La.(1853). Compare the provisions of the present law inVoorhies and Saunders,Revised Civil Code(1888), 60-68. See alsoThe Laws of Las Siete Partidas, which are still in force in the State of Louisiana, translated from the Spanish (1820), I, 451-64.[1269]Lislet,op. cit., II, 7-9, 10.[1270]Act of March 17, 1809:Lislet,op. cit., II, 13.[1271]Lislet,op. cit., II, 14.[1272]Civil Code(1853), 15.[1273]Ibid.[1274]Revised Code(1888), 62, 63. For the clause regarding citizenship seeActs(1855), 128. The present powers of justices and parish judges are determined byActs(1864), 50. For the power of district judges seeWright,Report, 53.[1275]Ordinances and Decrees of the Consultation, Provisional Government of Texas, and the Convention Which Assembled at Washington March 1, 1836(1838), 137, 138; also inDallam,Digest of the Laws of Texas(1845), 167.[1276]Act of June 5, 1837:Laws of the Republic of Texas(1838), 233."When persons have intermarried as aforesaid agreeably to the customs of the country and either the husband or wife has died previous to the passage of this law," then such marriages are legal and binding and the issue are legitimized, provided the parties were living together as man and wife "at the said death of either party."—Ibid., 233, 234.[1277]Laws of the Rep. of Tex., 234; alsoDallam,Digest, 167, 168. An act of Feb. 5, 1841, validates marriages previously made by "bond":Laws of Rep. of Tex.(5th Cong.), 176.[1278]Act of April 13, 1891:Gen. Laws of Tex.(1891), 96; being the same except as to Jewish rabbis, as act of Nov. 1, 1866:Laws(1866), 72, andRevised Civil Stat.(1888), I, 877;Ann. Civ. Stat. of Tex.(1897), I, 1081.[1279]Code of Md.(1888), I, 975.[1280]Lislet,General Digest(1828), II, 8.

[1179]Gen. Stat.(1887), 609. The question of good faith is not raised in the statute.Cf.Gen. Stat.(1902), 1086.

[1180]Wright,Report, 28.Cf.Vermont Stat.(1894), 516;Rev. Stat. of Mass.(1836), 476;ibid.(1882), 809;Rev. Laws of Mass.(1902), II, 1346;Rev. Stat. of Maine(1884), 516;ibid.(1857), 391.

[1181]Wright,Report, 35.

[1182]Gen. Stat.(1887), 343;ibid.(1902), 375.

[1183]Rev. Stat. of Me.(1884), 883.

[1184]In case of abduction. This offense is punishable by imprisonment for a term of not more than one year or a fine of not exceeding $1,000:Pub. Stat.(1882), 1165. This law originated in 1852: see the act of May 20, 1852 (Supp. to Rev. Stat., 1836-1853, 852), whose penalties are, however, not the same.Cf.Rev. Laws(1902), II, 1785.

[1185]Pub. Acts of Conn.(1895), 667. This precedent has been followed by Minnesota and Kansas: see p. 480, below.

[1186]Under a penalty of $20 for each offense:Rev. Stat.(1884), 516;ibid.(1870), 484;Acts and Resolves(1858), chap, xiv, secs. 2, 3, p. 12.

[1187]In the case of paupers a license may not be issued without the written consent of the selectmen or overseer of the poor of each of the towns where the parties reside, or which are liable for their support:Vermont Stat.(1894), 501.

[1188]In Maine such children are legitimized by marriage; in Connecticut, Massachusetts, New Hampshire, and Vermont, by marriage and acknowledgment of father:Wright,Report, 26, 27.Cf.Pub. Stat. of N. H.(1891), 495;Vermont Stat.(1894), 485;Gen. Stat. of Conn.(1887), 157;Rev. Stat. of Me.(1884), 611;Pub. Stat. of Mass.(1882), 743.

[1189]Gen. Laws of R. I.(1896), 805, 806;Rev. Stat. of Me.(1884), 838, 839;Vermont Stat.(1894), 269, 270;Pub. Stat. of N. H.(1891), 596;Gen. Stat. of Conn.(1887), 318, 319.

[1190]Acts and Laws of Conn.(1784), 135, 136.

[1191]Pub. Stat. Laws(1808), I, 477 n. 1.

[1192]Acts and Laws(1750), 144.Cf.alsoActs and Laws(1786), 135 ff.;ibid.(1805), 285, 286;Pub. Stat. Laws(1821), 316;ibid.(1835), 369, 370;ibid.(1839), 412, 413;Rev. Stat.(1849), 272;Statutes(1854), 374-78 (repeal of old law and enactment of a new registration system).

[1193]Laws of N. H.(1797), 296.

[1194]SeeConst. and Laws(1805), 296, 297;Laws of the State(1815), 350, 351;ibid.(1830), 172-74;Rev. Stat.(1843), 290-92;Compiled Stat.(1853), 375, 376;Laws of N. H.(1854), 1415, 1416 (new system introduced).

[1195]Laws of the Com. of Mass., 1780-1816, I, 322, 323.

[1196]Laws of the Com. of Mass.(1834), 251-57;Rev. Stat.(1836), 476;Supp. to Rev. Stat., 1836-1853, I, 597;Acts and Resolves(1850), 347 (act of March 28, establishing the modern license system).

[1197]It was retained in Vermont until 1864:Gen. Stat.(2d ed., 1870), 856.Cf.the acts of 1779 and 1784 inSlade,State Papers, 292, 484; andLaws of the State(1798), 380, 331; and in Maine untilafter1858: compareLaws of the State(1821), I, 340 ff.;Rev. Stat.(1857), 390;Acts and Resolves(1858), 12 (new system introduced). A reactionary step was taken in the Rhode Island law of Jan., 1849. Hitherto the optional plan had prevailed; by this act, in all cases, solemnization is allowed only after at least one notice in a religious meeting: seePublic Laws, 1848-1851, 757. ThePub. Laws(1844), 267, show the optional plan in force; but it does not appear inRev. Stat.(1857), 312, 313, a certificate of qualification presented by the parties to the person conducting the ceremony taking its place.The following is the form of notice required to be posted for fourteen days, when application is made to a lay officer—justice, warden, and later a judge—as given in thePub. Laws of R. I.(1798), 481, 482:"Knowall men by these presents, that A. B. of —— and C. D. of —— have declared unto me their intentions of marriage.... I do therefore hereby make public the said intentions. If any person know any just cause or impediment why these persons shall not be joined together in marriage, they may declare the same as the law directs. Given under my hand and seal, at ——, this —— day of ——."

The following is the form of notice required to be posted for fourteen days, when application is made to a lay officer—justice, warden, and later a judge—as given in thePub. Laws of R. I.(1798), 481, 482:

"Knowall men by these presents, that A. B. of —— and C. D. of —— have declared unto me their intentions of marriage.... I do therefore hereby make public the said intentions. If any person know any just cause or impediment why these persons shall not be joined together in marriage, they may declare the same as the law directs. Given under my hand and seal, at ——, this —— day of ——."

[1198]For the special case of a male under eighteen and a female under sixteen, see above, subsec.b).

[1199]Pub. Stat. of Mass.(1882), 810;Rev. Laws(1902), II, 1347, 1348, 1352.

[1200]Pub. Stat. of Mass.(1882), 258.

[1201]Rev. Stat. of Me.(1884), 515, 516;Vermont Stat.(1894), 501.

[1202]Pub. Stat. of R. I.(1882), 416, 417;Gen. Laws(1896), 622, 623, where the elaborate forms of the declarations of the "expectants" are given in full; and the act of 1898,Acts and Resolves, 47 ff.Cf.Gen. Stat. of Conn.(1887), 24, 608, 609;Pub. Stat. of N. H.(1891), 493, 494;Gen. Laws of N. H.(1878), 428;Gen. Stat. of N. H.(1867), 331;Laws of N. H.(1903), 79, requiring non-residents to file notice five days before issue of certificate.

[1203]In Connecticut the fine for such illegal celebration was for a long time just $67:Acts and Laws(1805), 286;Rev. Stat.(1849), 273; but it is now $100:Gen. Stat.(1902), 1086. In Massachusetts the fine is not to exceed $500:Acts and Resolves(1896), 257; earlier it was $50 to $100:Pub. Stat.(1882), 811; in Rhode Island the penalty is $1,000, or not to exceed six months' imprisonment:Gen. Laws(1896), 625;Acts and Resolves of R. I.(1899), 51; in Maine, $100, one-third to the prosecutor and two-thirds to the county:Rev. Stat.(1884), 517; in Vermont, not less than $10:Vermont Stat.(1894), 502; in New Hampshire it is $60, to the parent, master, or guardian of either party, who may prosecute:Pub. Stat.(1891), 494;Gen. Laws(1878), 428.

[1204]By the early laws of Rhode Island, after the wedding, the person solemnizing gave to the parties a certificate in the following form: "I hereby certify that A. B. of ——, son of ——, and C. D. of ——, daughter of ——, were lawfully joined together in marriage on the —— day of —— by me the subscriber."—Pub. Laws(1798), 486. At present the "indorsement" is in similar form:Gen. Laws(1896), 624.

[1205]In Connecticut and Vermont the indorsed certificate is sent to the officer of the town whence it issued; in Rhode Island, to the officer of the town where the marriage was solemnized:Gen. Stat. of Conn.(1887), 609;Vermont Stat.(1894), 501, 502;Acts and Resolves of R. I.(1899), 49, 50;Gen. Laws of R. I.(1896), 624. The form of indorsement prescribed in Rhode Island is as follows: "I hereby certify that the herein described —— and —— were joined in marriage by me, in accordance with the law of the state of Rhode Island, in the —— of —— this —— day of ——, A. D., 189-."—Ibid., 624. Earlier in Connecticut a separate certificate of the solemnization was sent to the clerk:Pub. Stat. Laws(1821), 317.

[1206]Pub. Acts of Conn.(1899), 998.

[1207]Rev. Stat. of Me.(1887), 517:Freeman,Supp. to Rev. Stat., 368, 369.

[1208]Act of May 17, 1892:Acts and Resolves(1892), 250-52.

[1209]Pub. Stat. of Mass.(1882), 811.

[1210]Rev. Stat. of Me.(1884), 516. But in Maine the certificate or declaration must be filed in the towns where the parties "respectively" dwell.

[1211]Pub. Stat. of N. H.(1891), 494;ibid.(1900), 589;Gen. Laws(1878), 428.

[1212]Vermont Stat.(1894), 540.

[1213]Ibid.

[1214]Acts and Resolves of Mass.(1897), 420, 421. For the earlier law as to the clerk's record seePub. Stat.(1882), 256. In 1786 the town clerk is to report to the clerk of the general sessions of the peace in each county, who is to keep a record:Laws of the Com., 1780-1816, I, 323.

[1215]Pub. Stat. of N. H.(1900), 588.Cf.Gen. Laws(1878), 428;Gen. Stat.(1867), 331; and the act of 1851,Laws of N. H.(1851), chap. 1103;Comp. Stat.(1853), 284, 285, which seem to have first introduced something like a modern provision for record.

[1216]Freeman,Supp. to Rev. Stat., 1885-1895, 370-75;Laws(1891), chap. 118, 127, as amended byLaws(1893), chap. 233, 248, andLaws(1895), chap. 154, 169-73.

[1217]Act of May 6, 1897:Pub. Acts, 850.Cf.for the earlier lawGen. Stat.(1887), 608.

[1218]Gen. Laws of R. I.(1896), 331, 622, 623; superseded by act of May 6, 1898:Acts and Resolves, 47 ff.

[1219]In Massachusetts report is made to the secretary of the commonwealth:Pub. Stat.(1882), 255-58;Acts and Resolves(1897), 421-29; in New Hampshire and Maine, to the state registrar of vital statistics, being the secretary of the state board of health:Pub. Stat. of N. H.(1891), 490-92;Laws(1899), 255, 256;Freeman,Supp. to Rev. Stat. of Me., 1885-1895, 370; in Connecticut, to the superintendent of registration of vital statistics, who is the secretary of the state board of health:Gen. Stat.(1887), 20 ff., 566;cf.Public Acts(1897), 850.

[1220]Gen. Laws(1896), 624. See the act of 1899,Acts and Resolves, 19, providing for the registration of births, deaths, and marriages, knowledge of which may in any reliable way come to the recorder.

[1221]By an act of 1893 the registrars of births, deaths, and marriages are directed, so far as possible, to complete the records from Jan. 1, 1850:Pub. Acts(1893), 324. This act has since been twice supplemented:ibid.(1895), 552;ibid.(1897), 836.

[1222]Acts and Resolves of Me.(1903), 168.

[1223]Act of Nov. 30, 1898:Acts and Resolves of Vt.(1898), 41-46, repealing the act of 1896 and all other acts in conflict.Cf.alsoVermont Stat.(1894), 538-40.

[1224]In this section the laws of marriage are traced for the following twenty-one districts and commonwealths: the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia; Indian Territory, the territories of Arizona, New Mexico, Oklahoma, Porto Rico, and the District of Columbia.

[1225]See chap. xiii.

[1226]See chap, xiii, sec. i.

[1227]Hening,Statutes, X, 361-63;cf.Jefferson,Notes on the State of Va.(Brooklyn, 1794), 174.

[1228]Hening,op. cit., X, 363.

[1229]The testimonial runs as follows: "This shall certify to all whom it may concern, that at a court held for ——, on the —— day of ——, one thousand seven hundred and ——, A. B. produced credentials of his ordination, and also of his being in regular communion with the —— church, took the oath of allegiance to the commonwealth, and entered into bond, as required ... , and that he is hereby authorized to celebrate the rites of matrimony," etc.—Hening,op. cit., XI, 503 (act of Oct., 1784).

[1230]Ibid., 504.

[1231]Act of Dec. 22, 1792:Acts of the Gen. Assembly(1794), 202-6.

[1232]Hening,op. cit., XI, 281, 282. By the act of 1792, also, marriages celebrated by magistrates before 1785 were legalized:Acts of the Gen. Assem., 203.

[1233]They are called "commissioners" in the act of 1830:Acts(1830-31), 103.

[1234]Acts of the Gen. Assem. of Va.(1794), 331.

[1235]So to Ohio and Brooke counties in 1796:Acts of the Gen. Assem.(1803), 371; and to Bath county in 1830:Acts(1830-31), 103.

[1236]Act of Dec. 20, 1830:Acts(1830-31), 103. CompareRevised Code(1819), I, 393-403; andTate,Digest(1823), 417, where the provisions of 1794 and 1792 as to lay commissioners and bond are retained and made general.

[1237]Code of Va.(1887), 555.Cf.Code of Va.(2d ed., 1860), 524, where this provision appears in the same terms.

[1238]Laws of 1784 and 1792 as amended at the revision of 1819:Revised Code(1819), I, 396;Tate,Digest, 416.

[1239]Act of Feb. 13, 1812, chap. 25:Tate,Digest, 416.

[1240]Act of Feb. 16, 1831:Acts(1830-31), 102; also inSupplement to Revised Code(1833), 221.

[1241]Code of Va.(1878), 555.

[1242]Acts of the Legislature of W. Va.(1868), 29.

[1243]Ibid.(1872-73), 501.

[1244]Acts of the Legislature of W. Va.(1877), 135.

[1245]See the act of March 18, 1882:Acts of the Leg.(1882), 312, 313; which is retained inCode of W. Va.(1897), 654, 655; and there has been no later legislation.

[1246]Act of Feb. 3, 1798:Stat. Law of Ky.(ed.Littell), II, 65, 66. Provision was made in 1814 for revoking the testimonial whenever a minister shall be "suspended, deposed, or excommunicated, by and from the society to which he belongs, for any other cause than a difference in religious tenets."—Ibid., V, 95, 96.

[1247]Act of Dec. 12, 1799:Stat. Law of Ky., II, 275, 276.

[1248]Kentucky Stat.(1894), 764, 765; agreeing in essential provisions with the act of March 24, 1851, taking effect July 11, 1852: inActs(1850-51), 212-16.Cf.Kentucky Stat.(1899), 823.

[1249]See chap. xiii, sec. ii, above.

[1250]Poe,Code of Md.(1888), 975. CompareKilty,Laws, 1777, chap. 12, sec. 3; andLaws of Md.(1787), 1777, chap. 12, sec. iii.

[1251]Act of May 13:U. S. Stat. at Large, XXIX, 118-20;Moore,Code(1902), 266.

[1252]Iredell-Martin,Acts of the Gen. Assem., 1715-1803, I, 253.

[1253]North Carolina Code, I, 689, retaining the act inLaws(1871-72), chap. 193, sec. 3.

[1254]For the early years seeScott,Laws of the State of Tenn.(1821), Index at "marriage;"Statute Laws(1831), 219, 220;Caruthers and Nicholson,Compilation(1836), 449-52.

[1255]Code of Tenn.(1884), 609. The judges were empowered byActs(1846), chap. 145, pp. 220, 221; chancellors in 1842;Statute Laws(1846), 126; rabbis byActs(1879) chap. 98; and the governor and speakers byActs(1889), chap. 134, p. 272.

[1256]Editorial note,Brevard,Alphabetical Digest(1814), II, 438.Cf.on this point the remarks ofEditor Desaussure, in connection with the case of Vaigneuret al.,v.Kirk (1808), in 2S. C. Equity Reports, 644-46."In South Carolina the only reference to the parties by whom marriages may be solemnized is found in section 2034, General Statutes, 1882, which provides a penalty for the solemnization of marriage between white and colored persons by 'any clergyman, minister of the gospel, magistrate, or other person authorized by law to perform the marriage ceremony.'"—Wright,Report, 50, 51.

"In South Carolina the only reference to the parties by whom marriages may be solemnized is found in section 2034, General Statutes, 1882, which provides a penalty for the solemnization of marriage between white and colored persons by 'any clergyman, minister of the gospel, magistrate, or other person authorized by law to perform the marriage ceremony.'"—Wright,Report, 50, 51.

[1257]Digest of the Laws of Georgia(Philadelphia, 1801), 314. Contracts previously celebrated before any justice of the peace, minister, or preacher of the gospel are confirmed: and the same persons, if properly qualified or ordained, are in future authorized to perform the ceremony, in each case after due notice or license.

[1258]Judges and justices of inferior courts are mentioned as having power to join persons in marriage in the act of 1799:Digest of the Laws of Ga., 733.

[1259]Code of Ga.(1882), 392, 393;ibid.(1896), 11, 223, 224.

[1260]Acts(1866), 156, 157;Code of Ga.(1896), II, 5.

[1261]An act of Feb. 19, 1836, validates marriages illegally solemnized by members of the board of county police:Code of Miss.(1848), 496.

[1262]In these states and territories marriage may be celebrated as follows:(1) Florida: By "all ordained ministers of the gospel in communion with some church, all judicial officers and notaries public":Rev. Stat. of Florida(1892), 679 (act of Feb. 8, 1861). For the earlier law see act of Nov. 2, 1829, inThompson,Manual or Digest(1847), 219;Duval, 88.(2) Arkansas: By the governor of the state for the time being; any judge of the courts of record; any justice of the peace of the county where the marriage is solemnized; any regularly ordained minister or priest of any religious sect or denomination, when he shall have caused to be recorded in the office of clerk and recorder of some county in the state the license or credentials of his clerical character, and shall have obtained from such clerk a certificate of the record thereof; religious societies which reject formal ceremonies, to which the parties belong, using their own rites:Digest(1894), 1126, 1127, being the same law as inRev. Stat.(1838), 536-38.(3) Arizona: By a regularly licensed or ordained minister of the gospel; any judge of the courts of record; justices of the peace of the several counties:Rev. Stat.(1887), 371;ibid.(1901), 808, 809.(4) New Mexico: By any ordained clergyman, without regard to the sect to which he may belong; any civil magistrate; any religious society by its own rites:Compiled Laws(1897), 405, 406; see act of Feb. 2, 1860:Laws(1860), 120, or inRev. Stat.(1865), 534.(5) Alabama: By any licensed minister of the gospel in regular communion with the Christian church or society of which he is a member; pastor of any religious society, according to the rules ordained or customs established thereby; Quakers, Menonists, and other Christian societies, according to their forms of consent published and declared before the congregation; all judges of supreme, circuit, or city courts, or a chancelor, throughout the state; any judge of probate or justice of the peace within his county:Code of Alabama(1897), I, 828. For the law of Jan. 5, 1805, enacted by the "Legislative Council and House of Representatives of Mississippi Territory," seeToulmin'sDigest(1823), 576, 577; orStat. of Miss. Territory(1816), 328-30.(6) Mississippi: By any minister of the gospel ordained according to the rules of his church or society, in good standing; judges of the supreme or circuit court; justices of the peace within their respective counties; members of the boards of supervisors within their respective counties; Quakers, Menonists, or any other Christian society, to which the parties belong, according to their own customs:Annotated Code(1892), 678. Compare the laws of Jan. 5 and July 20, 1805, revised and amended Feb. 10, 1807, inStat. of Miss. Territory(1816), 328-30, already cited for Alabama, which was originally a part of the Mississippi Territory; also the act of June 29, 1822, inCode of Miss.(1848), 492, 493, being practically the same as the law of 1805 as modified by that of 1807.(7) Missouri: By any judge of a court of record; any justice of the peace; or any licensed or ordained preacher of the gospel who is a citizen of the United States: act of March 1, 1897:Laws, 116; also inRev. Stat.(1899), I, 1036. The statute of April 24, 1805, enacted by the "Governor and Judges of the Indiana Territory"—who were authorized and empowered by an act of Congress to make laws for the "District of Louisiana," of which Missouri was a part—allows judges of the general court, or of the county court of common pleas, in their respective jurisdictions, and ministers of any religious society or congregation within the districts in which they are settled, and Quakers in their public meetings to solemnize marriages:Laws of a Pub. and Gen. Nature(1842), I, 66. Compare the act of Feb. 20, 1835, inRev. Stat.(1835), 401, 402; andRev. Stat.(1845), 729-31.(8) Indian Territory: By act of Congress, May 2, 1890,U. S. Stat. at Large, XXVI, 81, the marriage laws of Arkansas, except as expressly modified, are put in force. Thus, by federal enactment, marriages entered into by Indian customs are valid; and, in addition to the persons authorized in Arkansas, they may be solemnized by clerks, deputy clerks, and commissioners of the United States courts,Annot. Stat. of Ind. Ter.(1899), 12, 13, 507 ff.(9) Oklahoma: By a justice of the supreme court, judge of the district or probate court, justice of the peace, a duly ordained, licensed, or authorized preacher or minister of the gospel or priest of any denomination; and previous to 1897, in case of Indians, by the peacemakers, their agents, or the superintendent of Indian affairs. Non-compliance with the statute does not invalidate a marriage:Stat. of Oklahoma(1893), 669; act of Feb. 26:Session Laws(1897), 210. By another act of 1897 Indian marriages hitherto celebrated by their own rites are validated, and for the future forbidden, the Indians having accepted land in severalty being subjected to the statute:ibid., 212-15.(10) Porto Rico: By any judge, or by any clergyman or minister of any religion or sect, whether a citizen of the Island or of the United States:Rev. Stat. and Codes(1902), 808, 811.

[1262]In these states and territories marriage may be celebrated as follows:

(1) Florida: By "all ordained ministers of the gospel in communion with some church, all judicial officers and notaries public":Rev. Stat. of Florida(1892), 679 (act of Feb. 8, 1861). For the earlier law see act of Nov. 2, 1829, inThompson,Manual or Digest(1847), 219;Duval, 88.

(2) Arkansas: By the governor of the state for the time being; any judge of the courts of record; any justice of the peace of the county where the marriage is solemnized; any regularly ordained minister or priest of any religious sect or denomination, when he shall have caused to be recorded in the office of clerk and recorder of some county in the state the license or credentials of his clerical character, and shall have obtained from such clerk a certificate of the record thereof; religious societies which reject formal ceremonies, to which the parties belong, using their own rites:Digest(1894), 1126, 1127, being the same law as inRev. Stat.(1838), 536-38.

(3) Arizona: By a regularly licensed or ordained minister of the gospel; any judge of the courts of record; justices of the peace of the several counties:Rev. Stat.(1887), 371;ibid.(1901), 808, 809.

(4) New Mexico: By any ordained clergyman, without regard to the sect to which he may belong; any civil magistrate; any religious society by its own rites:Compiled Laws(1897), 405, 406; see act of Feb. 2, 1860:Laws(1860), 120, or inRev. Stat.(1865), 534.

(5) Alabama: By any licensed minister of the gospel in regular communion with the Christian church or society of which he is a member; pastor of any religious society, according to the rules ordained or customs established thereby; Quakers, Menonists, and other Christian societies, according to their forms of consent published and declared before the congregation; all judges of supreme, circuit, or city courts, or a chancelor, throughout the state; any judge of probate or justice of the peace within his county:Code of Alabama(1897), I, 828. For the law of Jan. 5, 1805, enacted by the "Legislative Council and House of Representatives of Mississippi Territory," seeToulmin'sDigest(1823), 576, 577; orStat. of Miss. Territory(1816), 328-30.

(6) Mississippi: By any minister of the gospel ordained according to the rules of his church or society, in good standing; judges of the supreme or circuit court; justices of the peace within their respective counties; members of the boards of supervisors within their respective counties; Quakers, Menonists, or any other Christian society, to which the parties belong, according to their own customs:Annotated Code(1892), 678. Compare the laws of Jan. 5 and July 20, 1805, revised and amended Feb. 10, 1807, inStat. of Miss. Territory(1816), 328-30, already cited for Alabama, which was originally a part of the Mississippi Territory; also the act of June 29, 1822, inCode of Miss.(1848), 492, 493, being practically the same as the law of 1805 as modified by that of 1807.

(7) Missouri: By any judge of a court of record; any justice of the peace; or any licensed or ordained preacher of the gospel who is a citizen of the United States: act of March 1, 1897:Laws, 116; also inRev. Stat.(1899), I, 1036. The statute of April 24, 1805, enacted by the "Governor and Judges of the Indiana Territory"—who were authorized and empowered by an act of Congress to make laws for the "District of Louisiana," of which Missouri was a part—allows judges of the general court, or of the county court of common pleas, in their respective jurisdictions, and ministers of any religious society or congregation within the districts in which they are settled, and Quakers in their public meetings to solemnize marriages:Laws of a Pub. and Gen. Nature(1842), I, 66. Compare the act of Feb. 20, 1835, inRev. Stat.(1835), 401, 402; andRev. Stat.(1845), 729-31.

(8) Indian Territory: By act of Congress, May 2, 1890,U. S. Stat. at Large, XXVI, 81, the marriage laws of Arkansas, except as expressly modified, are put in force. Thus, by federal enactment, marriages entered into by Indian customs are valid; and, in addition to the persons authorized in Arkansas, they may be solemnized by clerks, deputy clerks, and commissioners of the United States courts,Annot. Stat. of Ind. Ter.(1899), 12, 13, 507 ff.

(9) Oklahoma: By a justice of the supreme court, judge of the district or probate court, justice of the peace, a duly ordained, licensed, or authorized preacher or minister of the gospel or priest of any denomination; and previous to 1897, in case of Indians, by the peacemakers, their agents, or the superintendent of Indian affairs. Non-compliance with the statute does not invalidate a marriage:Stat. of Oklahoma(1893), 669; act of Feb. 26:Session Laws(1897), 210. By another act of 1897 Indian marriages hitherto celebrated by their own rites are validated, and for the future forbidden, the Indians having accepted land in severalty being subjected to the statute:ibid., 212-15.

(10) Porto Rico: By any judge, or by any clergyman or minister of any religion or sect, whether a citizen of the Island or of the United States:Rev. Stat. and Codes(1902), 808, 811.

[1263]Compare the acts of March 26, 1804, and March 2, 1805:U. S. Stat. at Large, II, 283-89, 322, 323; also inPoore,Charters, I, 691-97.

[1264]Act of March 3, 1805:U. S. Stat. at Large, II, 331, 332; also inPoore,Charters, I, 697, 698. This act places the appointment of the governor in the hands of the president; but the judges are merely to be "appointed" and hold their office for four years.On the institution of government in the territory of Orleans seeAdams,U. S., II, chap. ii.

On the institution of government in the territory of Orleans seeAdams,U. S., II, chap. ii.

[1265]Digest of Civil Laws now in force in the Territory of Orleans(1808), 26.

[1266]Ibid., 24.

[1267]Lislet,General Digest(1828), II, 3.

[1268]It is contained inLislet,op. cit., II, 3-13; also (in part) in theDigest of the Civil Laws now in force in the Territory of Orleans, 24 ff.; with the changes to date of publication inCode civil de l'état de la Louisiane(1825), 80 ff.; in the reprint of the last-named compilation inCivil Code of La.(1853). Compare the provisions of the present law inVoorhies and Saunders,Revised Civil Code(1888), 60-68. See alsoThe Laws of Las Siete Partidas, which are still in force in the State of Louisiana, translated from the Spanish (1820), I, 451-64.

[1269]Lislet,op. cit., II, 7-9, 10.

[1270]Act of March 17, 1809:Lislet,op. cit., II, 13.

[1271]Lislet,op. cit., II, 14.

[1272]Civil Code(1853), 15.

[1273]Ibid.

[1274]Revised Code(1888), 62, 63. For the clause regarding citizenship seeActs(1855), 128. The present powers of justices and parish judges are determined byActs(1864), 50. For the power of district judges seeWright,Report, 53.

[1275]Ordinances and Decrees of the Consultation, Provisional Government of Texas, and the Convention Which Assembled at Washington March 1, 1836(1838), 137, 138; also inDallam,Digest of the Laws of Texas(1845), 167.

[1276]Act of June 5, 1837:Laws of the Republic of Texas(1838), 233."When persons have intermarried as aforesaid agreeably to the customs of the country and either the husband or wife has died previous to the passage of this law," then such marriages are legal and binding and the issue are legitimized, provided the parties were living together as man and wife "at the said death of either party."—Ibid., 233, 234.

[1276]Act of June 5, 1837:Laws of the Republic of Texas(1838), 233.

"When persons have intermarried as aforesaid agreeably to the customs of the country and either the husband or wife has died previous to the passage of this law," then such marriages are legal and binding and the issue are legitimized, provided the parties were living together as man and wife "at the said death of either party."—Ibid., 233, 234.

[1277]Laws of the Rep. of Tex., 234; alsoDallam,Digest, 167, 168. An act of Feb. 5, 1841, validates marriages previously made by "bond":Laws of Rep. of Tex.(5th Cong.), 176.

[1278]Act of April 13, 1891:Gen. Laws of Tex.(1891), 96; being the same except as to Jewish rabbis, as act of Nov. 1, 1866:Laws(1866), 72, andRevised Civil Stat.(1888), I, 877;Ann. Civ. Stat. of Tex.(1897), I, 1081.

[1279]Code of Md.(1888), I, 975.

[1280]Lislet,General Digest(1828), II, 8.

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