The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1945-07-22
MARRIAGE PERMIT
RULING Is GIVEN

RALEIGH, July 21.-WD-1t is
not necessary for couple to OBJ
tain a marriage license in North
Carolina in order to be united in
Wedlock attorney general Harry
Mcmillan today wrote a member
Of the Woman's Army Corp in
South Carolina.
The failure to procure such a
license, he said, will not invalidate
the marriage, but the minister or
the officer performing such a cere-
mony is liable to a penalty.
MCMILLAN wrote the opinion in
answer to a query from 1t. Ruth
McCla:n, of Fort Moultrie, S. C..
who, in her letter, referred to a
marriage ceremony she said had
been performed by a minister in
Wilmington, N. c., in 1927. The
ceremony, she said had been cele-
bAted without a license.
The State Supreme Court, Nc
Mullan said, has upheld the legality
Of such a ceremony under North
Carolina statute. However, he point
ed out, that another statute of the
North Carolina rode, made it a
misdemeanor for a minister or an
officer to perform such a cere-
mony without the license.
Mcmillan also ruled that there
is no law in this state which pro-
hibits "tipping'' in any form or
fashion.
Tips, he said, are recognized as
4 method of remuneration by our
laws dealing with unemployment
taxes, and these taxes are based
on this form Of remuneration.
Other opinions were:
/. The sale of wines containing
more than IA per cent of alcohol
is prohibited in counties which have
not adopted the provisions of the
alcoholic beverage control act A
person residing in a dry county
may, however, purchase such wine
at an ABC store and transport
it or have it shipped to him in a
dry county so long as the VINE is
not purchased for the purpose Of
sale.
2. No license to sell beer and
wine can be issued to person who
has been convicted Of a felony CT
some other crime involving neral
turpitude.
3. For the purpose of taxation,
personal property, the title to
which is in dispute, shall be re-
garded as the property of the per-
son who possesses it unless the
list taker or supervisor is convinced
that some other person is the true
owner of the property.
4. An action for the annulment of
a marriage celebrated in this state
may. be frought when the plain.
tiff in the action is not resident
of this state and when the action
is begun within six months after
the marriage was solemnized.
5. There is no statute which pro.
hibits a minor II years of age from
serving as volunteer fireman for
a municipal corporation.
6. In the operation OF fire trucks
4 city is performing a government
tai function and therefore is not
liable in tort for personal injuries
sustained as result of the negli-
gent operation of the trucks.
Z. A majority of the members of
the governing board Of munich
patty constitutes quorum, and a
majority of the members of the
board present at meeting which
Stnere is quorum may adopt the
municipal budget or do other acts
that the board is required and per.
mitted to do.
8. A justice of the peace who
desires to resign should tender his
resignation to the clerk of the supe-
FLOR court. All vacancies occurring
in the office of justice of the peace
before qualification of the justice
are to be filled by the governor,
and all other vacancies are to be
filled by the clerk of the superior
court.
"a deputy clerk. of the super
1or court is not authorized to make
an appointment of an ad.ninistra-
tor.
10.-The North Carolina statutes
designate the superior court
clerk as ex officio clerk of the
county recorders court. In the
latter capacity, the clerk receives
such compensation as the board