The Fremont County record., 1881-05-07
SEAI..l

The license and certificate duly eX-
ecuted by the minister or officer who
shall have solcmnized the marriage
authorized. shall be returned by him
to the Office of the clerk who issued
the same, within thirty days from the
make such return shaIi be be dfnn dfnaisElaaSs aiadla s
misdcmeanor, and the person whose
duty it shall be to make any such re
turn, and who shall neglect to make
such return within the time above
required, shall upon conviction there
of, be punished by fine of not less
than twenty nor more than fifty dol
lars, to be assessed by any Justice Of
the peace or other court having juris-
diction.
SECTION 3. Every county clerk
shall have personal buowleuge of the
competency Of the parties for whose
marriages license is applied for !;
shall issue such license upon payment ,
or tender to him of his legal fee there
for. And if such clerk does not know
of his own knowledge that the par
ties are competent under the laws OF
this state to contract matrimony, he
Shall take the affidavit in writing of
the person or persons applying for
such license, and of such other per-
sons as he may see proper, and of any
person whose testimony may be offer
ed; and if it appear from the afiidav-
its so taken that the parties for whose
marriage the license in question is de-
manded, are legally competent to
marry, the clerk shall issue such
license, and the aifidavits so taken bv
him, shall be his warrant against anv
fine or forfeiture for issuing such
license. Any county clerk who shall
issue license to merry any parties.
one or both Of whom shall not be at
time of marriage under such license
legally competent to marry, without
taking such testimony by affidavit as
shall show that the parties author
lied by such license to be married
are legally competent to marry, shall
be guilty of Il misdemcanOr, and on
conviction thereof, shall be fined in
the sum of one hundred dollars, be-
fore any court having Jurisdiction.
SECTION 4. The county clerk shall
have power 10 administer all oaths
required or provided for III this act,
and If any person, in any such aft
davit, shall wilfully aud corruptly
swear falsely in regard to any mate
fIal TACT as to the competency of any
person for whose marriage the liccuse
in question, or concerning the pro-
curing or issuing of which such afii-
dayit may be madexShall be deemed
guilty OF perjury, and on conviction
thereof, shall he punished as provided
by statute i'll other cases of perjury.
SECTION D. Any such minister or
officer as aforesaid, to whom any such
license, duly issued, may come, and
not having personal knowledge of the
lncompetency of either party therein
named TO contract matrimony. NAV
lawfully solemnize matrimony be-
tween them.
SECTION 9. If any such minister
or officer shall presume to solemnize
any marriage between any parties
without such license, or with knowl-
edge that either party is legally III
competent TO contract inatrimony as
is provided for in this act, he shall
be guilty of a misdemeanor, and on
conviction thereof, shall be punished
by fine of not less than fifty dollars
nor more than two hundred dollars,
before any court having Jurisdiction.
SECTION z. The county clerk of
each county in this state shall keep
on file every such marriage license
returned to him, and shall record
each marriage certificate so returned
in proper book to be kept for that
purpose, and shall be entitled to fee
OF one dollar therefor, which fee he
may demand and receive of the per-
son applying for any such license, at
the time OF Issuing the same, and he
may refuse 10 issue any such license
until such fee is paid to him.