The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-29
UTAH'S MARRIAGE LAW
When and How Marriages
May be SOlemnized.
DUTIES OF PUBLIC OFFICERS,
The Penalties Ate ching to the Viola
tion of ANY of It's Provisions,
Licenses, Etc, Etc.


into effect Ga May 31st Public officers
throughout the Territory will do well
to study its provisions carefully:
SECTION BE 1t enacted by the Gov
ernor and Legislature Assembly of the
Territory Of Utah, That marriage be-
tween parents and children, ancestors
and descendants of every degree, 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 re-
lated to each other within and not in
Guiding the fourth degree of con-
'sanguinity, computed according to the
rules of civil law, are incestuous and
void from the beginning, whether the
relationship is legitimate or illegiti-
mate.
| SEC. 2.-Marriage is prohibited and
declared void
l. With an idiot or lunatie.
2. When there is husband or wife
living, from whom the person marrying
has not been divorced.
3. When not solemnizsd by an auth
orized person, except US provided in
Section of this act.
4. When at the time of marriage the
male is under fourteen or the female IS
under twelve years OF age.
5. Between negro and a white per-
son.
6. Between Monaghan and white
person.
SEC. 3.-Wherc the marriage is con-
tracted in good faith and with the be-
lief of the parties, that a former hus-
band or wife, then living, was dead or
legally divorced, the issue Of such mar
riage, born or begotten before notice OF
tine 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
1.-THE male was under sixteen, or the
female under fourteen years OF age at
the time of the marriage. and the
marriage was without the consent of
1.-THE father. mother, guardian or other
person having the proper charge OF his
or her person, and has not been ratified
by cohabitation after that age.
SEC. 5.-MarIiages solemnized in any
other county, State or Territory, II
valid where solemniZed. are valid here.
SEC. 6.-No marriage solemnized be-
fore any persen, protesting to have
authority therefor, shall be invalid for
want of such authority, if 1t is consun-
mated with the belief of the parties, or
either of them, that he had authority,
and that they havs been lawfully mar
ried.
lied by the following per.oos only:
l. Ministers of the gospel, or priests
of any denomination in regular COM
munion with any religious society.
2. Probate judges, justices OF the
neace, and judges of the District and
ISupreme Courts.
SEC. S.-No marriage shall be solemn
lied without license therefor, issued
by the clerk of the Probate Court of the
county in which the female resides at
the time. Pr0rided, that when she is
of full age, or a widow, and it is issued
on her application IN person, or by
writing. signed by her, it may be issued
bv the clerk of any Probate Court.
SEC. eff at any time of applying
for license the male shall be under
Itventy-one or the female under eight
cen wears of age. and not before mar
ried. no license shall issue without the
consent of his or her father, mother or
guardian, personally given or certified
| in writing to the clerk, over his or her
signature, attested by two or more
subscribing witnesses, and proved by
the oath of one Of them, administered
by the clerk. When the parties are
personally unknown to the clerk, q
license shall not issue, until al affidavit
is made before the clerk, which shall
he filed and preserved by him, by the
marty applying for such license, show
ing that there is no lawful reason in
| the way of such marriage. The party,
| making such affidavit. or any subscri5-
ling witness, if he falsely swear therein
lis guilty of perjury.
SEC. 1O.-The person solemn'zing the
marriage shall, within thirty days
Thereafter, return the license to The
4 clerk of the probate court OF the county
whence it issued, 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 failing to
make such return, he is guilty of mis-
Idemeanor.
SEC. 1.-THE license, together with
Q the certificate of the person officiating
at the marriage, shall be filed and pre-
Iserved by the said clerk, and shall bt
recorded by him III book kept for thai
Ipurpose, which shall be properly in
dexed in the names of the parties SC
married.
SIC. l2-If any person shall solemn
. lie marriage without such license, ht
snail be imprisoned not less than ont
lnor more than twelve months in th'
County Jail, or fined not more than ont
thousand dollars, or both fined and
imprisoned.
SEC. 13-If any person, not author
Iized, shall solemnize a marriage under
pretense of having authority, or falsely
jpersonate the father, mother OF
Guardian in obtaining license, OF
FORCES the name of any father, mother
or guardian to any writing purportine
to give consent to such marriage, he
shall be punished by imprisonment in
the penitentiary not exceeding three
I'll SEC. 14-If any authorized person
U knowingly, with or without license
nI solemnize marriage, such rs is herein
prohibited, he shall be imprisoned in
III the nenitentiary not exceeding three