The Kansas herald of freedom., 1858-06-05
territorial Labs.
AN ACT
IN Relation to Marriage.


Be ii enacted by the Gorernor and Legisla-
tirs assembly Of the Territory of Ran
sas,
SECTION /. That marriage is consider
ed inlaw civil contract to which the con-
sent of the parties is essential.
SEC. 2. That all marriages between
parents and children, including grand pa
rents and grand children, of every degree;
between brothers and sisters of the one
half as well as whole blood and between
uneles and neices, aunts and nephews and
cousins, are declared TO be incestous and
absolutely void. This section shall ex-
tend to illegitimate as well as to legiti-
mate children and relations.
SEC. 3. That whoever shall contract
marriage in fact, contrary to the prohibit
tons in the preceding section, aud who
ever shall solemnize any such marriage,
shall be deemed guilty OF misdemeanor,
and upon conyictien, shall be punished
by fine, or imprisonment, or both at the dis
erection of the jury which shall try the
cause or If the conviction be by confess
sion, at the discretion of the court, the
fine to be not less than one hundred nor
more than one thousand dellars, and the
imprisonment to be not less than three
months nor more than five years.
SEC. f. That all marriages contracted
without this Territory, which would be
valid by the laws of the country in which
the same were contracted, shall be valid
in all courts and places within this Terri
tory.
SEC. 5. That every Judge and justice
ofthe peace, clergymen or licensed preach
er of the gospel, may perform the cere-
mouy ofmarriage in the Territory.
SEC. 6. That 10 judge, Justice of the
peace. clergyman, preacher Of the gospel
OR other person shall join In marriage any
male under the age of twenty-One years,
or female under the age of eighteen years
without the consent of their parents or
guardian under whose care and govern
ment such minor may be. Any person
who shall violate the provisions of this
section shall be deemed guilty of a mis-
demeanor and on conviction shall be pun
ished by fine not exceeding one thousand
dollars.
SEC. q. That every person having au-
thoriiy to join Others in marriage, shall
keep a record of all marriages solemnn-
lied before him, and within three months
transmit a certificate Of every marriage
Containing both christian and snIname)
to the clerk of the county in which such
marriage took place, and any person re-
fusing or negiecting TO make such return,
within the above required time, shall for
felt for every offence the sum of one hun
ord dollars, TO be recovered with costs by
the recorder.
SEC. g. That the clerk shall record
all such returns of marriages, in book to
be kept for that purpose, within one
month after receiving the same, and shall
be allowed foE each entry of the same fif-
ty cents, to be paid by the parties to the
marriage. 1t any recorder shall neglect
or refuse TO record within the said time
any return to him made. he shall forfeit
one hundred dollars, to be recovered with
costs by any person who will prosecute
for the same.
SEC. 8. That the books of marriages to
be kept by the respective recorders, and
copies of entries therein, certified by him
under his official seal, shall be evidence in
all courts.
SEC. To- That if any person author
lied to solemnize any marriage shall will
fully make q false return of any marriage
or pretended marriage to the clerk, or if
the clerk shall wilfully make a false re-
cord of any return of marriage, he shall
be deemed guilty of a misdemeanor. and
shall be punished by fine of not less
than one hundred dollars, and BY i'm
prisonment not less than three mouths.
lSigned) e.. w. DEITZLER
Speaker Of the House Of Representatives
C. w. -BABCoCK,
President Of The Council.
Approved February IL, 1858.
J.W. DENVER, Acting Gorey7lor.