Utah Enquirer | 1888-04-13 | Page 1 | Marriage Law

TEXT OF THE BILL WHO AUE EMPOWERED TO SOL lieze MARKI ices is prohibited and declared void SECTION 1 be it enacted by the governor and legislative assembly of the territory of utah that mar riago between parents and children ancestors and descendants of every degroe and between brothers and sisters of the half as well aa the blood and between uncles and nieces or aunt and or between any persons related to each other within and net including the fourth degree of consanguinity computed according to tho rules of civil law are incestuous and void from the beginning tho relationship is legitimate or illegitimate sue 2 marriage is prohibited and doclar od void 1 with an idiot or lunatic 2 when is a husband or wife living from whom the person marrying has not been divorced 3 when not solemnized by an authorized person except aa provided in section 7 of this act i when at the time or marriage the male is under 14 or the female is under 12 years of ago 5 between a negro and a whito person G between a mongolian and a whito person SEC 3 where the marriage is contracted in good faith and with the belief of tho parties that a former husband or wife then living acis dead or legally divorced tho issue of such marriage bora or begotten before notice of tho mistake shall bo the legitimate issue of both parents SEC i courts having general equity jurisdiction may declare void n madriago mar riago obtained by force or fraud or at tho instance of any next friend whore tho malo was under 16 or the female under 14 years of ago at the time of the marriage and the marriage waa without the consent of the father mother guardian or other person having the proper charge of his or her person and lias not been ratified by cohabitation after that ago SEC 5 marriages solemnised in j any other county state or territory S if valid where solemnized are valid hero SEC G no marriage solemnized before any person professing to have authority shall be invalid for want of such authority if it is consummated with alio belief of the parties or either of them that ho had authority and that they have been lawfully married SEC 7 marriages shall bo sol by the following persons only 1 ministers of alio gospodor gos polor priest of any denomination in regular communion with any religious society 2 probate judges justices of tin peace and judges of the district and courts SEC 8 no marriages shall be sol without a license issued by the clerk of the probate court of the county in which the fe male resides at thu time provided that when she is of full ago ora or a widow and it is issued on her application in person or by writing signed by her it may lie issued by alio clerk of anny probate court SEC 9 if at the time of applying for license the male shall be under 21 or the female under 18 years of age and not before married no license shall bo issued without the consent of his or her father mother or guardian personally given or corti hed in writing to the clerk over his or her signature attested by two or more subscribing witnesses and proved by the oath of one of them administered by alio clerk when the parties are personally unknown to the clerk a license shall not issue until an affidavit is made before the clerk which shall be filed and preserved by him by alie party applying for such license showing that there is no lawful reason in the way of such marriage the party making said affidavit fi or any subscribing witness if he falsely swear is guilty of perjury SEC 10 the person solemnizing solemn izing the marriage shall within thirty days thereafter return the license to the clerk of the probate court of the county whence it is issued with a certificate of the marriage over his signature giving the date and place of celebration and the names of two er more witnesses present at the marriage for failing to make such re ho is of a misdemeanor SEC 11 tho license together with the certificate of the person officiating at the marriage shall be filed and reserved by the said clerk and E 0 recorded by him in a book kept for that purpose which shall bo properly indexed in the names of the parties BO married SEC 12 if any person shall solemnize a marriage without such license bo shall bo imprisoned not less than one nor more than twelve months in the county jail or fined not more than 1000 or both fined and imprisoned sec 13 if any person not authorized shall solemnize n marriage under proton of having authority or falsely personate tho father mother or guardian in obtaining a license or forges tho name of any father mother r guardian to any writing purporting to give consent to such marriage 1 giuli bo punished by imprisonment n the penitentiary not exceeding cireo years SEC 11 if any authorized authorised person biall knowingly with or without li ense solemnize a marriage such as is herein prohibited ho shall be im orison cd in tho penitentiary not exceeding throe years or fined not exceeding 1000 or both fined and ain prisoner SEC 15 every clerk or deputy clerk who shall knowingly issue a license for any prohibited marriage shall be punched by confinement in tho penitentiary for a term not exceeding two years or fined in any sum not exceeding 1000 or by both fine and imprisonment and in case of corn ic tion shall bo expelled from liis office by the judgment of tho court before which liis conviction is had and if ho willfully issue a license contrary to ins duty as heidin hr ahall bo fined not exceeding 1000 SEC 15 in the absence 01 the clerk or during a vacancy in the domce th licence may be issued by the probate judge who in so doing shall tho duty and incur all the responsibilities bili ties of the clerk and bo liable to the same penalties and shall return a memorandum thereof to alie clerk and the samp shall be as u issued by him SEC 17 when doubt is felt as to the validity of a marriage either party may in a court of equity demand avoidance or but when ono of the parties was within the age of consent at the time of the marriage shall have no fauch proceeding for that cause against the party under iga SEC 18 all fines collected for any violation of this act shall bo paid into the treasury of territory SEC lo 10 tho clerks of the various probate courts shall be entitled for each dicenso issued tho sum of one dollar and for the same when returned to him the sum of one dollar and twenty live cents all of which he may demand at the time of issuing tho license W W EITER speaker of the house of representatives ELIAS A SMITH president of jhb council approved march ath CALEB B WEST Govern cyr of utah territory