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ter.

SECT. 3. Each register of deeds shall be entitled to receive Fees of registhe following fees for his services, under the provisions of this act, to wit: for recording any mark or brand, twenty cents; for giving certificate of the same, twenty cents.

SECT. 4. This act shall take effect from and after its

sage.

Approved April 24, 1862.

pas- when.

Take effect,

W. JAYNE, Governor.

MARRIAGES.

:

CHAPTER 58.

AN ACT LEGALIZING MARRIAGES IN THE TERRITORY OF

DAKOTA.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

SECTION 1. That all marriages heretofore solemnized in the territory prior or subsequent to the organization of said territory, by any regularly ordained minister of the gospel, justice of the peace, or judges of the several courts of said territory, shall be, and are hereby declared to be legal and binding, to all intents and purposes.

SECT. 2.

Marriage herenized legalized.

tofore solem

when.

This act to take effect, and be in force from and Take effect, after its passage.

Approved May 5, 1862.

W. JAYNE, Governor.

33

Marriage.

Marriage, at what ages valid. Proviso.

License necessary.

License not granted in certain cases.

In cases of doubt as to age and condition.

Make entry of application for license.

CHAPTER 59.

A BILL FOR AN ACT REGULATING MARRIAGES.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

SECTION 1. That marriage is a civil contract, requiring the consent of parties capable of entering into other contracts, except as herein otherwise declared.

SECT. 2. A marriage between a male person of sixteen, and a female of fourteen years of age is valid: Provided, That nothing in this act contained shall be so construed as to permit of the intermarriage of white persons with persons of color; nor of the intermarriage of persons who are related to each other by blood nearer than second cousins.

SECT. 3. Previous to any marriage within this territory, a license for that purpose must be obtained from the county clerk of the county wherein the marriage is to be solemnized (or of a county to which the same is attached for election and judicial purposes), agreeable to the provisions of this chapter. SECT. 4. Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid, nor shall it be granted where either party is a minor, without the previous consent of the parent or guardian of such minor, or where the condition of either party is such as to disqualify him for making any other civil

contract.

SECT. 5. Unless the clerk of the board of county commissioners is acquainted with the age and condition of the parties, for the marriage of whom the license is applied for, he must take the testimony of competent and disinterested witnesses on the subject.

SECT. 6. He must cause due entry of the application for the issuing of the license to be made on the marriage records, stating that he was acquainted with the parties and knew them to be of competent age and condition, or that the requisite proof of such facts was made to him by one or more witnesses, stating their names.

.SECT. 7. If either party is a minor, the consent of the parent or guardian must be filed in the office of the clerk of the board of county commissioners, after being admitted by the said parent or guardian or proved to be genuine, and a memorandum of such facts must be also entered upon the marriage record by the clerk.

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out proper

meanor.

SECT. 8. If the clerk of the board of county commissioners Marriage withgrants a license contrary to the provisions of the preceding license, a misdesections, he is guilty of a misdemeanor, and if a marriage is solemnized without such license being procured, the parties, so married, and all persons aiding in such marriage, are likewise guilty of a misdemeanor.

SECT. 9. The license shall not be issued until the amount of one dollar has been paid to the clerk of the board of county commissioners as his fee.

License fee.

emnized by

SECT. 10. Marriages must be solemnized either: 1. By Marriages solsome officiating minister of the gospel, ordained or licensed whom. according to the usages of his denomination. 2. By any person or officer authorized to administer oaths.

SECT. 11. After the marriage has been solemnized, the officiating minister, or magistrate, or other person shall, on request, give each of the parties a certificate thereof.

Party officiatficate, when.

ing to give certi

Other mar

but penalty im

SECT. 12. Marriages solemnized with the consent of par- riages validties in any other manner than is herein prescribed are valid, posed. but the parties themselves, and all other persons aiding or abetting, shall forfeit to the school fund the sum of fifty dollars each.

Person solem

SECT. 13. The person solemnizing marriage shall forfeit a nizing same, forlike amount, unless within ninety days after the ceremony he feit same, unless. make return thereof to the clerk of the board of county com

missioners.

Clerk to keep

SECT. 14. The clerk of the board of county commissioners record. shall keep a register containing the names of the parties, the date of the marriage, and the name of the person by whom the marriage was solemnized, which (or a certified transcript therefrom) is receivable in all courts and places as evidence of the marriage, and the date thereof.

SECT. 15. The preceding provisions, so far as they relate to the manner of solemnizing marriages, are not applicable to marriages among the members of any particular religious

to peculiar forms

in

Not applicable religious socie

ties.

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denomination, having as such, any peculiar mode of performing that ceremony.

SECT. 16. But where any mode is thus pursued, which dispenses with the services of a clergyman or magistrate, the husband is responsible for the return directed to be made to the clerk of the board of county commissioners, and is liable to the above-named penalty if the return is not made.

SECT. 17. Illegitimate children become legitimate by the subsequent marriage of their parents, and all marriages heretofore contracted are hereby declared legalized and in full force and effect.

SECT. 18. This act shall take effect and be in force from and after its passage, and approval by the governor.

Approved May 7, 1862.

MILITIA.

W. JAYNE, Governor.

Who compose militia.

Territory forms

one division, under whose command.

CHAPTER 60.

AN ACT TO ORGANIZE AND DISCIPLINE THE MILITIA OF THE
TERRITORY OF DAKOTA.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

SECTION 1. That all able-bodied white male citizens, residents of this territory, being eighteen years of age and under the age of forty-five years, excepting persons exempt by law, shall be enrolled in the militia, and perform military duty, in such manner, not incompatible with the constitution and laws of the United States, as hereinafter prescribed.

SECT. 2. That the territory shall constitute but one division, and shall be under the command of one brigadier-general

and colonels, as the commander-in-chief may see proper, according to the census returns taken from time to time under the authority of law.

Governor com

Officers, how ap

SECT. 3. The governor of the territory shall be com- mander-in-chief. mander-in-chief, and shall have power to appoint the briga- pointed. dier-general, colonels, majors, and all the commissioned officers necessary for the several regiments and companies, and the captains of the several companies shall have power to appoint all non-commissioned officers of their respective companies.

Sheriff to make

out list of persons liable to

&c.

SECT. 4. It shall be the duty of the sheriff of each of the counties of this territory, when taking the census of their military duty, respective counties, to make out a list containing the names of all the persons in their respective counties, liable to perform military duty, and file a copy of such list with the register of deeds of the county, to be by him kept as a matter of reference, and also to transmit to the secretary of the territory a copy, to be by him kept as a matter of reference in his office; which copies shall be filed in the offices of the persons aforementioned, on or before the first day of January in each year.

taken.

SECT. 5. The sheriff shall take a list of the persons liable List, when to perform military duty at the time of making the assess

ment.

SECT. 6. The militia thus enrolled shall be subject to per-When and how form no active military duty, save and except in case of war, do duty. invasion, or to prevent invasion, riot, or insurrection. In such case, the commander-in-chief is hereby authorized to order out, from time to time, for actual service, as many of the militia thus enrolled as necessity may require, and to provide for their organization in the manner hereinafter prescribed for the organization of volunteer militia: Provided, Proviso. That, in all such cases, the enrolled volunteer militia shall first be ordered into service. The militia, while in active service, shall be governed by the military law of the territory, and the rules and articles of war of the United States; and when any troops are in the field for the purposes aforesaid in this section, the senior ranking officer of the troops present shall take command: Provided, That no person shall be eligi- Proviso. ble to a command in the militia of this territory except citi

Governed by what rules.

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