CHAPTER 182
MARRIAGE
SENATE SUBSTITUTE for Senate Bill No. 62 entitled An Act to amend Chapter 85 of the Revised Code of the State of Delaware relating to marriage.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Sec. 1. That Chapter 85 of the Revised Code of Delaware be and the same is hereby amended by repealing 2992, Section 1 to 3000, Section 9 thereof, inclusive, and by inserting in lieu thereof the following sections to be known as 2992, Sec. 1; 2993, Sec. 2; 2994, Sec. 3; 2995, Sec. 4; 2996, Sec. 5; 2997, Sec. 6; 2998, Sec. 7; 2999, Sec. 8; 3000, Sec. 9.
2992. Sec. 1. PROHIBITED DEGREES; MARRIAGE BETWEEN WHITE PERSON AND A NEGRO OR A MULATTO, OR BETWEEN PAUPERS; MARRIAGE OF EPILEPTICS, PERSONS OF UNSOUND MIND, PERSONS WHO ARE VENEREALLY DISEASED OR WHO ARE SUFFERING FROM OTHER COMMUNICABLE DISEASE; HABITUAL DRUNKARDS, CONFIRMED USERS OF A NARCOTIC DRUG, UNLAWFUL; UNLESS REQUIREMENTS ARE MET MARRIAGE OF DIVORCED PERSONS, PERSONS WHO ARE OR HAVE BEEN PATIENTS IN INSANE ASYLUMS, OR PERSONS WHO ARE ON PROBATION OR PAROLE, UNLAWFUL; MARRIAGE VOID; MISDEMEANOR; PENALTY; STATUS OF CHILDREN OF VOID MARRIAGES; KNOWINGLY ISSUING LICENSE FOR OR SOLEMNIZING SUCH MARRIAGE OR ASSISTING IN SAME; MISDEMEANOR; PENALTY; SUCH MARRIAGE SOLEMNIZED OUT OF STATE AND RESIDENCE IN STATE; MISDEMEANOR; PENALTY:
No person shall marry any of his or her ancestors or descendants, or his or her brother or sister, or uncle or aunt, or niece or nephew, or first cousin. Marriage shall not be contracted between a white person and a negro or mulatto, or between paupers. It shall be unlawful for an epileptic or a person of any degree of unsoundness of mind, or a person who is venereally diseased, or a person who is suffering from any other communicable disease the nature of which is unknown to the other party to the proposed marriage, to marry, nor shall a person marry who is an habitual drunkard or who is a confirmed user of a narcotic drug, nor shall a person marry who has been divorced, unless a certified copy of his divorce decree (last decree if he has been divorced more than once), or a certificate of such divorce from the Clerk of the Court granting the divorce is filed with the Clerk of the Peace to whom he makes application for a marriage license, and unless such person may in other respects lawfully marry, provided that, if such decree or certificate .cannot be obtained, the resident judge of the county where such license is desired, or the person designated by the resident judge to grant such certificates as may be accepted under the provisions of this section, may in his discretion, grant a certificate of the facts as stated by the applicant and said certificate may for the purposes of this chapter be accepted in lieu of a certified copy of a divorce decree, nor shall a person marry who is or has been a patient in an insane asylum, unless such person shall first file with the Clerk of the Peace to whom he makes application for a marriage license a certificate signed by the superintendent of the asylum in which such person is or was a patient, stating that such person is fit to marry, and unless such person in other respects may lawfully marry, nor shall a person marry who is on probation or parole under any court or institution, unless such person shall first file with the Clerk of the Peace to whom he makes application for a marriage license, a written consent to his proposed marriage from the chief officer, of such court or institution, or from someone who is appointed by such officer to give such consent, and unless the applicant in other respects may lawfully marry. Every marriage within the' degrees of consanguinity forbidden by this Section, and between any white person and a negro or mulatto, shall be void, and every other marriage forbidden by this Section shall be voidable at the instance of the innocent party, and the guilty party thereto, or if both parties be guilty, then both shall be deemed to have committed a misdemeanor and shall be fined one hundred dollars, and in default of the payment of such fine shall be imprisoned not exceeding thirty days. Children of void or voidable marriages shall be deemed to be legitimate. If any person authorized to issue a marriage license shall knowingly or willfully issue a license for such marriage, and if any person authorized to solemnize marriage, shall knowingly or willfully assist in the contracting or the solemnizing of such marriage, he shall be deemed to be guilty of a misdemeanor, and shall be fined one hundred dollars, and in default of the payment of such fine shall be imprisoned not exceeding thirty days. If a marriage prohibited by this section shall be contracted or solemnized outside of the State, when the legal residence of either party to the marriage is in this State, and the parties thereto shall afterwards live and cohabit as husband and wife within the State, they shall each be deemed guilty of a misdemeanor, and shall be punished in the same manner as though the marriage had been contracted in this State.
2993. Sec. 2. HOW SOLEMNIZED; LICENSE NECESSARY; VIOLATION OF SECTION; MISDEMEANOR; PENALTY; REGISTRATION OF PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES:-
Any ordained minister of the gospel and every minister in charge of a recognized church and the Mayor of the City of Wilmington are authorized to solemnize marriages between such persons as may lawfully enter into the matrimonial relation, provided, that such marriages shall be solemnized in the presence of at least two reputable witnesses who shall sign the certificate of marriage that must be filed with the 'State Registrar, as well as the two certificates attached to the marriage license. Marriages may also be solemnized or contracted according to the forms and usages of any religious society where either of the parties belongs to such religious society, but no marriage shall be solemnized or contracted without the production of a license regularly issued, as hereinafter provided, authorizing such marriage. If any person not authorized by this section shall falsely solemnize a marriage, he shall be deemed to be guilty of a misdemeanor and shall be fined one hundred dollars, and in default of the payment of such fine, shall be imprisoned not exceeding thirty days, and such marriage shall be void, unless it be in other respects lawful and be consummated with the full belief of either of the parties in its validity. All persons authorized by this section to solemnize marriage and all clerks or keepers of records of religious societies, by or before whom marriages may be solemnized, shall report their names and places of residences to the State Registrar as provided in 817, Sec. 82, Chapter 85, Revised Code of Delaware.
2994. Sec. 3. MARRIAGE LICENSES FOR RESIDENTS AND NONRESIDENTS; WHEN OBTAINED; TO WHOM DELIVERED:
It shall be necessary for persons intending to be married within this State, if one or both of the parties be residents of this State, to first obtain a marriage license at least twenty-four hours prior to the time the ceremony is to be performed and if both of the parties intending to be married are non-residents of the State, to first obtain a marriage license at least ninety-six hours prior to the time the ceremony is to be performed and to deliver the same to the person who is to officiate, before the proposed marriage can be lawfully performed, provided that if the marriage is to be performed by or before any religious society, institution or organization, the license shall be delivered to the said religious society, institution or organization or any officer thereof who is duly qualified according to the provisions in Section 2 of this Chapter.
2995. Sec. 4. SUPPLIES OF MARRIAGE LICENSES, BOOKS AND OTHER FORMS; FROM WHOM OBTAINED; FEE FOR LICENSE; NO OTHER FEES; EXCEPTIONS; WHO MAY NOT AND WHO MAY ISSUE LICENSES TO CERTAIN APPLICANTS; WHEN ISSUANCE OF LICENSE IS PROHIBITED; ESTABLISHING VALIDITY OF PAPERS; FILING; WHEN PUBLIC RECORDS; VIOLATION A MISDEMEANOR; PENALTY:-
All marriage licenses, other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Secretary of State on request of the Clerks of the Peace of the several counties to the said Clerks of the Peace, except that the State Board of Health shall supply post cards to officers authorized to issue marriage licenses, such cards to be used as notices to the Bureau of Vital Statistics of the issuance of each marriage license, and that judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under the provisions of this chapter, and the superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under the provisions of this chapter and except that in a case of an adult person who is on probation or parole under any court or institution the chief officer of such court or institution, or such person as such officer may appoint to give consent to marry, shall supply such consent in whatever form he deems advisable, to such applicants for a marriage license as he believes may properly marry. The Secretary of State shall charge two dollars for each marriage license furnished to Clerks of the Peace. He shall furnish other forms and books without charge to Clerks of the Peace. Marriage licenses, books and forms shall be as prescribed in Sections 4, 5, 6, and 7 of this chapter. Each page of the Marriage Record Books for the Use of Clerks of the Peace shall be numbered serially at the time of printing, and pages of the Marriage Record Books for the Use of Justices of the Peace shall be numbered in duplicate serially and shall be so bound that pages with duplicate serial numbers shall be next to each other, and every second page of the duplicate pages shall be perforated for easy removal. Consent Forms shall be of two colors; buff colored for females and light blue for males. Justices of the Peace shall have the privilege of procuring from the Clerk of the Peace in the county in which said Justices of the Peace are residents, marriage licenses at a cost of two dollars and fifty cents each. Marriage Record Books for the use of Justices of the Peace shall be issued, without charge, to them through the Clerks of the Peace of the proper counties. Clerks of the Peace and Justices of the Peace shall sell the marriage licenses for not more than three dollars each. No charge shall be made for investigation to establish the validity of any papers required of certain applicants for marriage licenses under the provisions of this chapter, nor shall any person in this State make any charge for the execution of any papers required under the provisions of this Chapter, except that this shall not be construed to prohibit charge for the execution of any affidavits that are required under the provisions of this chapter, and except that charge may be made for the marriage license as provided in this chapter. No Justice of the Peace in the State of Delaware may sell a marriage license to applicants when both parties to the proposed marriage are nonresidents of the State or when either applicant is a divorced person, or is or has been a patient of any insane asylum or when the applicant is on probation or parole under any court or institution or when the applicant is a minor, but said parties shall make application to the Clerks of the Peace of the several counties of this State or to the deputies of such Clerks of the Peace regularly appointed and qualified. No marriage license shall be issued by a Clerk of the Peace or by a Justice of the Peace of this State when either of the parties applying for license to marry, at the time of making the application is under the influence of intoxicating liquor or a narcotic drug, or if papers as required in Sections 1, 6 and 7 of this chapter are not delivered, or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the marriage of such parties. Clerks of the Peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons, past or present patients of insane asylums, persons on probation or parole and minors, and shall file such papers in the office of the County Recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the resident judge of the proper county, or such person as the Judge may appoint to give such orders. Any Clerk of the Peace or deputy of such or any Justice of the Peace, who shall knowingly or willfully act in violation of the provisions of this chapter, shall be deemed guilty of a misdemeanor and shall be fined one hundred dollars and in default of payment of such fine shall be imprisoned not exceeding thirty days.
2996. Sec. 5. MARRIAGE LICENSES; FORM; CERTIFICATE OF ISSUANCE; FORM; CERTIFICATES OF MARRIAGE; FORM; HOW DISPOSED OF; DUTY OF CLERK OF THE PEACE; MARRIAGE RECORD BOOK OF THE CLERK OF THE PEACE; TO BE EVIDENCE; ALTERING CERTIFICATE; FAILURE OF PERSON OFFICIATING TO MAKE RETURN TO THE CLERK OF THE PEACE; MISDEMEANOR; PENALTY; STUB OF MARRIAGE LICENSE; FORM; USE; PUBLIC RECORD; NUMBERS ON LICENSE, STUB AND APPLICATION TO CORRESPOND:-
A marriage license under this chapter shall be in the following form:
Number ______
State of Delaware, SS.
To any minister of the gospel or other person authorized by the Laws of the State of Delaware to solemnize marriage. You are hereby authorized to join in the holy bonds of matrimony, according to the Laws of the State of Delaware ______________ of _____ and _______ of _______ but not before day of A D 19__, at _____ o'clock ___M.
Witness _______Esquire, Governor, of the said State, at Dover, the day of 192___ By the Governor.
____________________
____________________
Secretary of State
On the back of each license, shall be the following:
This license issued at _______ in the County of ______ this ______ day of _______ A. D. 192___,at _____ o'clock _____M.
The parties to whom this license is issued shall not marry before ______ day of ______ A D 192__ at ______ o’clock ____M.
____________
____________of the Peace
There shall be attached to said license two certificates in the following form:
I hereby certify that on this ______ day of ________ A. D. 192___, at in the County of ________ at the hour of ________ o'clock ____ M _______ of _______ and _______ of _______, were by me united in the holy bonds of matrimony in accordance with the laws of the State of Delaware.
WITNESSES
___________________ _______________
Registered Celebrant
___________________ _______________
(Name of Church or Society you represent).
One of said certificates shall be given to the *bridge [*So enrolled] at the time of her marriage and the other shall, within four days, be returned to the Clerk of the Peace of the County in which the license was issued, by the person officiating at said marriage; the said Clerk of the Peace shall immediately enter in the Marriage Record Book the "date of said marriage and the name of the person performing said ceremony. The said Marriage Record Book so kept shall be a public record, and 'shall be open for inspection to the public, and shall be admitted as evidence of the facts therein contained in any Court of record. Where a marriage is contracted according to the forms and usages of any religious society, the wording of the certificates may be altered in accordance with the facts of the ease and the forms and usages of such religious society. If any person officiating at said marriage shall fail to return to the office of the Clerk of the Peace the certificate within four days, as hereinbefore provided, he shall be deemed to be guilty of a misdemeanor and shall be fined twenty-five dollars. A detachable stub shall head the marriage license. It shall be in the following form:
MARRIAGE LICENSE
Issued to _____________________ Residence ______________
Issued to _____________________ Residence ______________
Date of Issue __________________ Hour of Issue ____________
o'clock ______ M.
Amount Paid __________________ Number __________
The number on the marriage license and on the stub shall be filled in by the issuing officer and shall be the same number as that appearing on the corresponding application in the Marriage Record Book. Any person authorized to issue marriage licenses shall immediately note the issuance of a license on the corresponding stub by filling in all entry blanks, such stub, so filled in, shall be kept by the issuing officer in his office, and such stub shall be a public record open for the inspection to the public.
2997. Sec. 6. BOTH PARTIES TO APPEAR FOR APPLICATION; EXCEPTION; APPLICATION UNDER OATH OR AFFIRMATION; FORM OF APPLICATION IN MARRIAGE RECORD BOOKS; GUARANTOR OF UNKNOWN RESIDENTS; ENTRY ON BACK OF LICENSE; NOTICES TO THE BUREAU OF VITAL STATISTICS; DUTY OF JUSTICES OF THE PEACE IN REGARD TO DUPLICATE PAGES OF THE RECORD BOOK; FAILURE TO PERFORM DUTIES; MISDEMEANOR; PENALTY:-
Before any marriage license shall be issued by any person authorized to issue the same as provided in this chapter, the parties desiring to intermarry shall together appear before him and he shall examine both parties upon oath, or affirmation, in the presence and hearing of each other, according to the following form, to which the parties applying for the said license shall subscribe their names and the said license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists; provided that in the case of critical illness of one of the parties desiring to intermarry, the physician attending such party may appear for him, and make application for a marriage license for him, if such physician first makes affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom he is acting, is at the point of death and that he may lawfully marry, and provided that the application for marriage license is altered to show that said physician acted as proxy and provided that the affidavit of said physician is filed with the application he makes:
MARRIAGE LICENSE APPLICATION
State of Delaware
_______________ County ss NO. ________
BE IT REMEMBERED, That on this _______ day of _______ A D 192___, personally appeared _________ and _______ and made application for a marriage license, and each party in the presence and hearing of the other, being first duly sworn, (affirmed), according to law, did depose and say that,
Male Female
Full name ______________ _______________
Address _______________ _______________
Age _____ years _______________ years
Color _______________ _______________
Names and Addresses of Mother and Father:
Mother _______________ _______________
______________________ _______________
Father ________________ _______________
______________________ _______________
Applicants' Occupations:
_____________________ _______________
Previously Married _____ _______________
1. If previously married give place and date:
______________________ _______________
(Place) (date) (Place) (date)
2. If marriage terminated by death give place and date of death:
_____________________ _______________
(Place) (date) (Place) (date)
3. If marriage terminated by divorce, give place and date; if divorced more than once give information on last divorce:
____________________ _______________
(Place) (date) (Place) (date)
Past or present patient in an insane asylum:
_________________ _______________
On Probation or Parole Under any Court or Institution:
_________________ _______________
And each party did further depose and say that, to the best of his knowledge and belief he is not:
Of a prohibited degree of relationship; an epileptic; of any degree of unsoundness of mind; venereally diseased; suffering from any other communicable disease the nature of which is not known to the other party; an habitual drunkard; and is not a confirmed user of a narcotic drug.
SIGNATURES OF APPLICANTS
_____________________ ___________________
I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as are required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed marriage of the above applicants.
Time of Application __________ A D. 192___ _____ o'clock ____M.
Shall not marry before ________ A D 192___ _____ o'clock ____M.
Sworn and subscribed before me the day and year first above
Affirmed
written.
________________________________
Issuing Officer.
(Sign name and title)
Date of Marriage __________ day of ________ A. D. 192__ __________ o'clock ___M.
Ceremony performed by ___________________
State of Delaware
__________ County ss
BE IT REMEMBERED, That On this _______ day of _________ A D. 192__, personally appeared before me, ______, who, being first duly sworn _______________ affirmed according to law, did depose and say that he personally knows _________, one of the above named applicants, and that the said applicant is a resident of the State of Delaware.
(Signed) ____________________
Guarantor
Sworn and Subscribed before me the day and year first
Affirmed
above written.
___________________
Issuing Officer
(Sign name and title)
The portion of this sheet beginning here is to be filled in only in cases of applicants who claim to be residents of Delaware, neither of whom is known personally to the issuing officer.
The above form is the form to be used as pages for the Marriage Record Books of Clerks of the Peace and Justices of the Peace. In the case of applicants for a marriage license, who claim to be residents of the State, if neither of them is personally known to the marriage license issuing officer as a resident of the State, at least one of such applicants must be identified as a resident of the State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Marriage Record Book and shall duly sign it. In every case the officer issuing the license shall mark on the back thereof in the blanks for that purpose the place and precise time of issue and the earliest time when the holders of the license may marry, and the issuing officer shall sign his name below. The issuing officer shall within twenty-four hours of issuing a marriage license, send a post card notice of such license to the Bureau of Vital Statistics of the State Board of Health. If the issuing officer be a Justice of the Peace, he shall within twenty-four hours of the issuance of each license send the corresponding removable page of the Marriage Record Book, on which page shall be a carbon copy of the application executed on the preceding page, to the Clerk of the Peace in which *such [*So enrolled] Justice of the Peace is resident. If any Clerk of the Peace or Justice of the Peace shall fail to perform the duties required by this section, he shall be deemed to be guilty of a misdemeanor and shall be fined one hundred dollars.
2998. Sec. 7. MARRIAGE OF MINORS; CONSENT OF PARENTS OR A PARENT OF GUARDIANS OR GUARDIAN OR A CURATOR REQUIRED; CONSENT FORMS; CERTIFICATE OF:---
No male under the age of eighteen shall, marry. No female under the age of sixteen shall marry. If any male applicant for a license to marry be a minor under the age of twenty-one years, or if any such applicant be a female under the age of eighteen years, such license shall not be issued unless the parents or a parent or the legal guardians or guardian, or curator of said minor, if there be any, or if they be not wanting, and if there be none, or if such be wanting, then the Judge of the Juvenile Court of Wilmington, or the person such Judge may appoint to sign consent forms, if the minor in question resides in Wilmington; or the Resident Judge of the County, where the minor in question resides, if he is not a resident of Wilmington, or the person such Judge may appoint to sign consent forms, shall first certify under their hands and seals their consent to the marriage of said minor. Such enumerated individuals are hereby empowered to sign consent forms for minors, according to the provisions of this Chapter; such forms shall be signed in the presence of two reputable witnesses, except that witnesses shall not be required when a form is signed by any Judge authorized by this section to sign consent forms for minors. Consent forms shall be issued by the Marriage License Issuing Officers to minor applicants and said forms shall be filled in only by those authorized by the provisions of this Section so to do. Consent forms shall be in the following form:
CONSENT FORM
FOR MALES:
Father
We ___________________________ Guardian ____________________ Mother
I, _____________________________ Curator
of _________ do hereby certify that he is a minor under the age of twenty-one year, but not under the age of eighteen years and that we do hereby consent to have a marriage license issued for him to marry _______, and that We do hereby certify that this form is filled in and ______ I ______signed in conformity with the portion of the Laws of Delaware as printed on the back of this form.
Witness _______ hand and seal this ________ day of A D. 192__ .
Signed and sealed in the presence of
______________________________ ___________________________ (SEAL)
______________________________ ___________________________ (SEAL)
CONSENT FORM
FOR FEMALES:
Father
We _________________ Guardian ____________________ Mother
I ___________________ Curator
of do hereby certify that she is a minor under the age of eighteen years, but not under the age of sixteen years, and that We do hereby consent to have a marriage license issued for her to marry ________, and that We ________________
I do hereby certify that this form is filled in and signed in conformity with the portion of the Laws of Delaware as printed on the back of this form.
Witness __________________ hand and seal this ______________ day of _____________ A D 192__ .
Signed and sealed in the presence of
____________________ _____________________________ (SEAL)
____________________ _____________________________ (SEAL)
The back of the consent form shall have printed thereon the following, which shall be construed to be a part of the law of this chapter :If the parents of the minor applying for a license to marry are living together, before such license may be issued, a consent farm signed by both such parents must be delivered to the issuing officer. If for any reason, only one parent can sign, then he must so do, and attach to the consent form he signs, an affidavit giving the reason why the other parent cannot sign said form and stating it is the belief of the parent signing said form that the other parent would sign said form if it were possible for him to so do. If the parents of the minor applying for a license to marry are not living together, but are the joint legal guardians of said minor, before such license may be issued, a consent form signed by both parents must be delivered to the issuing officer, provided that if for any reason, only one such parent can sign, he must so do and attach to the consent form he signs an affidavit giving the reason why the other parent cannot sign said form, and stating that it is the belief of the parent signing said form that the other parent would sign said form if it were possible for him to so do. If the parents of a minor applying for a license to marry are not the joint legal guardians of the minor, before such license may be issued, a consent form signed by the parent who is the sole guardian of said minor, using the word "guardian" on the form as well as the word "mother" or "father" must be delivered to the issuing officer. The consent form so signed must be accompanied by an affidavit stating that the parent signing said form is the sole legal guardian of the minor in question. If the minor applying for license to marry has only one living parent, before such license to marry may be issued, a consent form signed by such parent must be delivered to the issuing officer accompanied by an affidavit of the parent stating that he is the only living parent of the minor desiring license to marry. If the minor applying for license to marry has no parents, but has legal guardians or guardian, before such marriage license may be issued, a consent form signed by said guardians or guardian must be delivered to the issuing officer. The consent form so signed must be accompanied by an affidavit or affidavits stating that the persons or person signing said form are or is the legal guardians or guardian of said minor. If the minor applying for license to marry is on probation or parole, under any Court or institution before such license to marry may be issued, a consent form signed as curator by the chief officer of such court or institution, or by such person as such officer may appoint to sign consent forms, must be delivered to the issuing officer. If a minor applying for a license to marry has neither parents or parent, nor legal guardians or guardian, or if such persons cannot sign consent forms, or if such persons be wanting, and if the said minor is not on probation or parole, before such license may be issued, a consent form for such minor, if he be a resident of Wilmington, signed by the Judge of the Juvenile Court, as Curator, or by such person as the Judge of the Juvenile Court may appoint to sign consent forms, or if such minor be a resident of New Castle County outside the City of Wilmington, or if he be a resident of Kent or Sussex County, a consent form, signed by the resident judge of the county where he resides, as curator, or by such person as said resident judge may appoint to sign consent forms, must be delivered to the issuing officer, provided that the age and consent limitations imposed by this Section shall not be a bar to marriage between persons under the age disabilities fixed by this Chapter in cases where the parties desiring to intermarry shall acknowledge under oath before the officer to whom the application for license to marry shall be made that they are the parents or the prospective parents of a child, but every application of such persons for a license to marry shall have endorsed thereon the reason for issuing said license.
2999. Sec. 8. APPLICATION FOR LICENSE; SWORN FALSE STATEMENTS UPON; PERJURY; EXECUTING PAPERS FALSELY; MISDEMEANOR PENALTY; A PERSON ISSUING LICENSE MAY ADMINISTER OATHS:-
If any person applying for a license under this chapter shall knowingly make false answer to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, he or she shall be deemed to be guilty of perjury, and if any person executing a paper or papers under the provisions of this chapter shall execute it or them falsely, he shall be deemed to be guilty of a misdemeanor and shall upon conviction thereof, be subject to such penalties as shall be imposed by the Court in its discretion. Every person authorized by this chapter to issue licenses is empowered to administer oaths or affirmations to the parties applying for the license.
3000. Sec. 9. PERFORMANCE OF MARRIAGE CEREMONY IN VIOLATION OF CHAPTER; MISDEMEANOR; PENALTY; FALSE CERTIFICATE OF MARRIAGES; MISDEMEANOR; PENALTY; COMMON LAW MARRIAGES OR MARRIAGES OTHERWISE LAWFUL NOT AFFECTED BY CHAPTER:-
If any person or persons or any religious society, institution or organization having authority to solemnize marriages, shall perform any marriage ceremony between parties without the presentation of a license therefor, obtained in accordance with the provisions of this chapter, or shall perform the same prior to the expiration of ninety-six hours from the time of the issuance of the license, when both parties are non-residents of the State, or prior to the expiration of twenty-four hours from the time of the issuance of the license, when one or both parties are residents of the State, he or they shall be deemed guilty of a misdemeanor, and shall upon conviction, be sentenced to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars or both, at the discretion of the Court. Any person, religious society, institution or organization, authorized to perform the ceremony of marriage, who shall make any false certificate of marriage, shall be deemed to be guilty of a misdemeanor and shall be fined one hundred dollars. Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, invalid, by reason of the failure to take out a license as is herein provided.
Approved April 29, A. D. 1921.