The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-24
OFFICIAL.1
LAWS OF Minnesota.
An Act Regulating Marriages in the State of
Minnesota.

Be it enacted by the Legislature Of the State o,
Minnesota
SECTION 1. Marriage, so far as its validity in
law Is concerned, is civil contract, to which the
cons. mt of the parties capable in Law OF contract
ing, is essential.
Sec 2. Every male person, who shall have at.
tanned the full age of eighteen years, and every
female person who shall have attained the full age
of fifteen years, shall be capable in law of con.
tracing marriage, if otherwise competent.
Sec. 8. No marriage shall be contracted whilst
nor between parties who are nearer of bin than
first cousins, computing by the rules o. the civil
law, whether the half or the whole blood.
Sec. 4: Marriage may be solemnized by any
religious society, aud by any judge of court of
record throughout the state and BY any justice of
the peace in the county in which he is elected.
Sec: S. Ministers OF the gospel, before they
shall be authorized to perform the marriage rite,
shall file copy Of their credentials Of ordination
with the clerk of the district court of some coun
ty in this state, who shall record the same, and
give certificate thereof; and the place where
each certificate given by any minister to be re-
corded.
Sec. 6. Previous to persons being joined in
marriage, license shall be obtained from the
clerk ofthe district court in the county in which
state then from the clerk Of the district court Of
the county where the marriage is to take place in
this state; but if there shall Be no such clerk in
the county where such female resides, or where
the marriage is to be solemnized, then no such
license shall be required.
Sec. 2. The clerk of the district court, as atore-
said, may inquire of the party applying for mar
rage license, as aforesaid, upon oath or afirma.
tion relative to the legality Of such contemplated
there is no legal impeachment thereto, then he
shall grant such marriage license; and ifany per-
sons intending to marry shall be under age, and
consent of the parents or guardians shall be per-
sonaly given before the clerk, or certified under
the hand of such parent or guardian, attested by
Of
saw said parent or guardian subscribe, or heard
him or her acknowledge the same; and said clerk
is hereby authorized to administer such oath or
Affirmation, and thereupon issue and sign such H.
cense. and afx thereto the seal of the court. The
clerk shall be entitled to receive his fee for ad
ministering the oath and granting the license,
tifcate of marriage, and fling the necessary pa
pers, the sum of two dollars and if any clerk
shall in any other manner, issue or sign any
not exceeding one thousand dollars, to and for
the use OF the parties aggrieyed.
SEQ. 8. A certificate of every marriage, signed
by the justice, judge or minister solemnizing the
same, shall be transmitted to the clerk of the dis
trict court In the county wherein tho marriage
and recorded by said clerk bat if there shall be
no such clerk in the county, at the time, then
within two months after such county shall be
WITH suoh ~. an and said Gsstcs
in due time, as aforesaid he shall forfeit and pay
fifty dollars to and for the of the county, and
If such clerk fail to record such certificate he shall
forfeit and pay fifty dollars to and fer the use of
the county. ....
Sec. Q. fanny person by this act authorized to
join persons in marriage. shall knowingly So
lemnize the same contrary to the true intent and
oet s1d psy
not exceeding one thousand dollars nor less than
one hundred dollars, to and FIR the use of the
And if any person not legally authorized shall at
tempt to soemnize the marriage contract, such
person shall, upon conviction thereof forfeit and
pay the sum of five hundred dollars, to and for
the use of the county wherein such offense was
committed, or be imprisoned in the county Jail
for period not less than one month, nor more
than six.
Sec. 10. Should a marriage contract be so.
provisions Of this act auoh marriage
shall be valid, provided the marriage be consum-
mated with full belief on the part of the persons
so married that they have been lawfully Joined in
matrimony.
Sec. II. In the solemnization of marriage, no
particular form shall be required, except that the
parties shall declare in the presence of the judge
minister or magistrate, and the attending witness
wife; and in every case there shall be at least two
witnesses present, besides The person perform
ing the ceremony.
Sec. IL. All marriages soiemnized among the
people called Friends or Quakers, in the form
heretofore practiced and in use among them
shall be deemed valid, and shall not be invaldat.
ed by any of the foregoing provisions. The c'erk
of the meeting in which such marriage shall be
solemnized, shall, within two months thereafter,
file certificate of the same with the clerk of the
district court of the county in which such mar
rage took place and if he shall fail to file such
certificate with said clerk, he shall forfeit and pay
county. And If such marriage do not take place
in such meeting, then such certificate shall be
signed BY the parties contracting such marriage,
and by at least two witnesses, and shall be filed
penalty and forfeiture.
Sec. ID. Any fine or forfeiture arising to the
county in consequence of the breach Of this act,
shall be recovered by an action of debt, in the
name of the State of Minnesota, or by Indictment
with costs of suit, in any court Of record having
cognizance of the same.
Sec. II. And it is hereby made the duty of the
several county attorneys of this state, to prose.
cute any violations OF the provisions of this act.
Sec: Is. 1t shall be the duty Of the secretary Of
sions of this act.
Approved March 2, 1865.
| An Act to Amend Section Eight 90 of Chapter
Sixty.three (63) of the Complied Statutes,
relating to Sherifs' Fees.
Be it enacted by the Legislature Of the State OF
| Minnesota
SECTION I. That section eight (s) of chapter
sixty three (63) of the compiled statutes of Min.
| nesota be amended so as to read Is follows:
Section 8. For serving summons or any bro
cess issued by court of law, one dollar for each
defendant served;
| For serving warrants of attachment execution
Or replevin, one dollar for the service upon each
defendant;
For travelling in making any services upon any
writ or summons, fifteen cents per mile for goine
and returning, the distance to be computed In ali
cases from the place where the court is usually
| held;
For taking and approving bond, seventy.6ye
| cents;
Fol. certified copy of such bond when re.
| quired, ten cents per folio; - -
For copy of every summons or other paper
served by the sheriff, ten cents per folio, when
such copy is made by the sheriff.
For collections on executions levied upon real
estate, when the came is collected or settled after
service, at the rate OF four per csntum upon the
| first two hundred and fifty dollars, and two ner