The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-10
AN ACT REGULATING MARRIAGE

SECTION BE it enacted By the Gover-
nor and Legislative Assembly Of the Terri
t)ry of Utah, that marriage between
parents and children, ancs. tors
AID descendants of every de-
Igree, and between brothers and
sisters of the half as well as the whole
blood, and between uncles and nieces
or aunts and nephews, or between any
persons related to each other within and
not including the fourth degree of con-
sanguinity, computed according to the
rules of civil law, are incestuous and
voiG from the beginning, whether the
Relationship is legitimate or illegiti-
mate.
SEC. 2-Marriage is prohibited and de-
clared void:
with an idiot or lunatic.
2-When there is a husband or wife
living from whom the person marrying
has not been divorced.
| 3-When not solemnized by an
authorized person, except as provided
in Secti n Z of this act.
Nv hen at the time of marriage, the
male is under IA, or the female is IN
der II years of age.
| 5-Between a negro and white per-
son.
6-Between a Monaghan and a white
person.
SEC. 3.-Where the marriage is con-
tracted in good faith, and with the be-
lief of the parties, that former hus-
oand or wife, then living was dead or
legally divorced,.s the issue of such
marriage, born or begotten before notice
of the mistake. shall be the legitimate
issue of both parents.
| SEC. 4.-Courts having general equity
| jurisdiction may declare Void MARI
age obtained by force or fraud. or at the
instance of any next friend, where the
male was under IT, or the female under
IA years OF age at the time 0f the mar
rage, and the marriage was without
The consent of the father, mother.
Guardian or other person having the
proper charge Of his Or her person, and
nsg not been ratified, by cohabitation
after that age.
SEC. 5.-Marriages solemnized in any
other county, State Or Territory, if
valid where solemniZe6, are valid here.
SEC 6.-No marriage solmnized before
any person protesting to have author
ity therefor, shall be invalid for want of
such authority, if it is contaminated
with the belief of the partit O either of
them, that he had authority, and that
they have been lawfully married.
Sec. 7.-Marrlages shall be solemnized
by the following persons only:
ministers Of tie gospel, or priests
of any denomination III regular COM
munion with any religious society.
probate judges. Justices of the
Peace, and Judges of the District aud
Supreme Courts.
SEC. S.-No marriage shall be solemn
lied without a license therefor, issued
by the clerk OF the Probate Court of the
county in which tue femal resides at
the time. Provided, that when she is
of full age or a widow, and it is issued
or her application in person. or by writ
ing signed, by her. it may be issued by
the clerk of any Probat Court.
SEC. elf at the time of applying
for license, the male shall be under 81
or the female under Is years of age, and
not before married. no license shall be
issued without the consent of his or
her father, mother OR guardian, per-
sonally given or certified in writing TO
the clerk. over his or her signature, at
tested by two or more subscribing wit
nesses, and proved by the oath of one
of them, administered by tie clerk.
When the parties are personally I'D
known to the clerk, license shall
issue, until an affidavit IS made before
the clerk, which shall be fled and pre-
served by him, by the party applying