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


no lawful reason in the way of such
marriage. The party making said
affidavit, or any subscribing witness. if
he falsely swear therein is guilty CT
i perjury.
SEC, 10.-The person solemnizing the
marriage shall within thirty days there
after, return the license to the clerk of
the Probate Court of the county whence
IL is lssRed, with a certificate of the
marriage over his signature, giving the
date and place of celebration, and the
names Of two Or more witnesses present
at the marriage. For faili' g to make
such return, he is guilty of INSIDE
! meanor.
| SEC. II The license, together with
the certificate OF the person officiating
at the marriage, shall be filed and pre-
served by the said clerk, and shall be
recorded by him in a book kept for that
purpose, which shall be properly in
dex-d in the names of the parties so
| married.
| SEC. Eff any person shall solemn
ize marriage without such license, he
| shall be imprisoned not less than one
nor more than twelve months in the
| county jail, or fined not more than
81 900, or both fined and imprisoned.
SEC. IL If any person, not author
lied, shall solemuiZe marriage under
pretense of having authority, or falsely
personate the father, mother or guard
ian In obtaining license. or FORCES the
name of any father, mother or guardian
to any writing purporting to give con-
sent to such marriage, he shall be
punished by imprisonment in the Penl-
Tertiary not exceeding three years.
SFc. H.-It a1y authorized person
hoI Lynn mi rvl 10
license. solemnize marriage. such as
prisoned in the Penitentiary not ex-
cerding three years, or fined not ex-
ceeding 81 COO. or both fined and i'm
prisoned.
SC. Is Every clerk or deputy clerk |
who shall knowingly Issue license for |
any p onIo1ted marriage, shall be pun !
lshed bv confinement in the p. nitentiary |
for term not exceeding two years or
fined in any sum not exceeding $1,000, |
or by both fine and imprison-
ment, anu IN case of conviction,
shall he expelled from his office |
by the j1dgn ent of the Court before
which dis conviction is had. And if |
he wllfnlly issue license contrary to |
his duty, as herein prescribed, he shall |
oe fined not excee' ing 81, COO.
SEC 16.-ln the absence If the clerk, |
or during a vacancy in the Office, the |
license may be issued by the probate |
judge, who, in so doing, shall perform
the duty and incur all the responsible
ties of the clerk, and be liable to the
same penalties and shall return
memorandum thereof to the clerk, and
the same shall be recorded as if issued
by him.
Sac. 17-When doubt is felt as to the
validity of marriage, either party NAV.
in a court of equity, demand its
avoidance or affirmance, but when
one of the parties was within the
age OF consent at the time of the mar
rage, the other party being of proper |
age. shall have no such proceeding for
that cause against the party under age. |
SEC 18.-All fines collected for any
violation OF this act shall be paid into |
the treasury of the Territory.
SEC l9-The clerks of the various
probate courts shall be entitled, for
each license issued, the sum of one dol
lar. and for recording the same, when |
returned tn him, the sum of one dollar
and tw nty- FIVE cents, all of which he
may demand at the time of issuing the
license.
W. W. RITTER,
Speaker of the House
of Representatives.
ELIAS A. smith,
President of the Council.
Approved March b.
CALEB w. West
Governor of Utah Territory.