The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1893-05-12
Ghe1emofrA-S
n TOT MARRIED,
4 QuesIsn Suggested BY the New Code,
vicksburg Herald.

lQuestien Suggested BY the New Code,
vicksburg Helald.
did you ever glance over the
sections in the new code relative
to marriages." said a prominent
attorney of The city yesterday to a
reporter,
The latter replied that he had
not given the matter any special
attention, whercupnn his learned
friend Volume, red to show him
something worthy of notice some
time at his convience. The news.
paper man promptly suggested
that there was no time like the
present, so a copy Of The annotated
code was procured and The pair
were soon examining The statute
alluded 10. The attorney explain
ed that under the old code a mar.
rage was valid whatever the IT.
regulariiies attending its c"ntrac.
ton. The mutual consent OF the
parties was all that was required,
marriage being regarded as u civil
contract. Even when these irreg-
ulariiies were punishable by law
the marriage remained intact.
This, however, was M longer the
case. unless. indeed, the courts
construed away The letter Of The
statute as being contrary 10 pub
lie policy, which naturally favored
marriage !; or declared i, uncons,i.
tutianal, rs interfering with the
natural rights OF individuals. He
then read the following section,
which inaugurates a law that has
never before found a place in The
statutes OF Mississippi:
Section 1854. A marriage shall
not be Contracted ur solemnized
unless a license therior shall have
been duty issued and such license
shall lie essential TO the validity Of
Of a marriage" "Duly issued,' he
believed, and here comes The start
ling feature of the law, referred to
a portion Of section 1850, which
runs as follows: "Marnace II.
eenses shall be granted and issued
by The clerk of the Circuit Court
of the county in which the female
usually resides" This was a So.
rl0us feature aud one which would,
il strictly construed, and this
seems 10 be the only posi- Bile con.
struciion, invalidaie marriages,
not only In The case of elopemen,s.
but where The parties had obtained
license in a county where The lady
did mol reside.
Vicksbnrg has been The refuge Of
many clipping couples hitherto, but
this source Of revenue for the clerk
will cease, il the law Is as il would
appear 10 be. 1t is a fact that
several marriages have been sol.
emnized here in good faith by all
parties concerned, which the stat
ute holds and declares invalid.
But there IS one feature of the
statute which will excite, as il
should The especial wrath and in.
diCna,ion Of the ladies. II places
their sex at a decided disadvan.
tagc. Any single man in The State
may get married al any point
within lis boundaries where the no.
iion may happen to strike him and
where he can find anyone to have
hin. MOI 50 with The single wo.
man, though she be eighty years
old and IA great. grandmother. The
license must he obtained in the
county where she usually re,
SIDES" This has Il serious aspect.
Circumstances may be easily i'm
aglned under Nhich il would have
been consequences of The most pain
full character. Men have been
known to desert women 10 whom
they were not married in a legal
and technical sense. however NOR.
ally bound. The plea Of informal.
iiy Or illegally has upset inheri.
Ntances in countries where all for.
malilies must be complied with in
order to make a marriage bindlng.
Such has not been the law in this
Stale and the question is whether
The Code Commissioners or the
legislators actually designed 10 do
what they have done, or whether
the courts will come TO The rescue
OF many honest and well meaning
people who have failed TO carry
Sul their intention of contracting
matrimony.