CHAPTER I. The Contract of Marria

II. Divorce.

III. Husband and Wife.

CHAPTER I.

THE CONTRACT OF MARRIA

ARTICLE I. Validity.

II. Authentication.

ARTICLE I.

VALIDITY.

§ 40. Marriage is a personal relation, w civil contract, to which the consent of making it is alone necessary.

Consent, how proved.

Persons

capable of

§ 41. Consent to a marriage may be manifested in any form, and may be proved like any other fact.

§ 42. A contract of marriage is a contract to enter inmarriage. stantly into the relation of marriage. A contract to marry is a contract to enter into the relation of marriage at some future time, fixed or indefinite. A contract to marry does not result in a marriage until the making of a distinct contract of marriage.

Consent must be

present

§ 43. A male of the age of fourteen years or upwards, given to a and a female of the age of twelve years or upwards, may marriage. make a contract of marriage unless disqualified by the provisions of this article. But an unconsummated marriage made by a female between the ages of twelve and fourteen years, without the consent of her father, mother or guardian, or other person having the legal charge of her person, and not ratified by mutual assent of the parties after she has attained the age of fourteen years, is voidable.

marriages incestuous.

Certain § 44. Marriages between ancestors and descendants of every degree, and between brothers and sisters of the half as well as of the whole blood, are incestuous, and void from the beginning; whether the relationship is legitimate or illegitimate.

Certain marriages

deemed

§ 45. If either party to a marriage is an idiot or lunatic, when to be or incapable from physical causes of entering into the marvoid. riage state, or if the consent of either is obtained by force, duress or fraud, the marriage is voidable.

Polygamy forbidden.

§ 46. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning, unless:

1. The former marriage had been annulled or dissolved for some cause other than the adultery of such person; but a court which has dissolved a marriage on the ground of adul tery may, five years thereafter, give leave to the guilty

relation to contracts and the capacity of into them, have no application to the co

§ 49. Neither party to a contract to a promise made in ignorance of the other chastity, and either is released therefrom duct on the part of the other, committ person.

ARTICLE II.

AUTHENTICATION.

50. For the purpose of authentica the provisions of this article, a marriage in this state, in the manner herein pre more of the following persons, namely gospel or priests of any denomination : or aldermen of cities; judges of courts

Form of

marriage.

Duties of the officer

tices of the peace; and, in case of Indians, also the peacemakers acting within their respective jurisdictions.

§ 52. No particular form is required upon a marriage, but for the purpose of authentication the parties must solemnly declare, in the presence of the person solemnizing the marriage, and of at least one witness, that they take each other as husband and wife. The marriage of Quakers or of Jews, respectively, may continue to be solemnized in the manner and agreeably to the regulations of their respective societies.

§ 53. The person solemnizing a marriage must ascertain, before to his satisfaction:

whom a marriage is solemnized.

Certificate

to be given

to either

1. The identity of the parties;

2. Their real and full names, and places of residence; 3. That they are of sufficient age to be capable of contracting marriage;

4. That neither of the parties is now married to another . and,

5. The name and place of residence of the witness, or of two witnesses, if more than one is present. Where the parties are not known to the person solemnizing the mar riage, he may in order to ascertain their right to marry, examine them or any other person, under oath. Such examination shall be reduced to writing and subscribed by the parties.

§ 54. The person solemnizing a marriage must enter the facts ascertained by him pursuant to the last section, and the date of the solemnization, in a book to be kept by him for that purpose.

§ 55. The person solemnizing a marriage must furnish Contract to either party, on request, a certificate thereof, signed by desired. him, specifying:

ing party if

1. The names and places of residence of the parties married

;

2. That they were known to him, or were satisfactorily proved, by the oath of the parties themselves or of a person known to him, to be the persons described in such certificate ;

certificate; and,

4. The time when the certificate was

§ 58. If a certificate of marriage is si or priest, there must be indorsed or ann a certificate of a magistrate residing i with the clerk, that the person by whom sonally known to such magistrate, and the execution of the certificate in his pre execution of the certificate, by a minister religious denomination, has been proved by the oath of a person known to him certificate executed.

§ 59. A certificate of marriage, or the as above directed, or a copy of the certifi certified, is presumptive evidence of th