SEC. 63. A promise of marriage is subject to the same rules as contracts in general, except that neither party is bound by a promise made in ignorance of the other's want of personal chastity, and that either is released therefrom by unchaste conduct on the part of the other.

N. Y. C. C., Sec. 44.

SEC. 64. All marriages contracted without this State, which would be valid by the laws of the country in which the same were contracted, shall be valid in this State.

"Marriage," Sec. 5.

ARTICLE II.

AUTHENTICATION OF MARRIAGE.

SECTION 68. Marriage, how solemnized.

69. Marriage license.

70. By whom solemnized.

71. No particular form of solemnization.

72. Substantial requisites.

73. Certificate of marriage.

74. Certificate to parties and Recorder.

75. Declaration of marriage, how made.

76. Action to affirm unsolemnized marriages.

how solem. nized.

SEC. 68. Marriage must be licensed, solemnized, authen- Marriage, ticated and recorded as provided in this article; but noncompliance with its provisions does not invalidate any lawful marriage, but subjects the offenders to the penalty prescribed in the PENAL CODE.

license.

SEC. 69. All persons about to be joined in marriage Marriage must first obtain a license therefor from the Clerk of the County Court of the county in which the marriage is to be celebrated, showing

1. The identity of the parties.

2. Their real and full names and places of residence. 3. That they are of sufficient age to be capable of contracting marriage.

4. If the male is under the age of twenty-one, or the female under the age of eighteen years, the consent of the father, mother or guardian, if any such is given; or that such non-aged person has been previously but is not at the time married.

For the purpose of ascertaining these facts, the Clerk is

By whom solemnized.

No particular form of solemnization.

Substantial requisites

Certificate of marriage.

Certificate tɔ parties and Recorder.

authorized to examine parties and witnesses on oath, and receive and read affidavits. He shall state such facts in the license.

"Marriage," Sec. 7; N. Y. C. C., Sec. 47.

SEC. 70. Marriage must be solemnized by either a Supreme, District or County Judge, Justice of the Peace, Mayor, priest, or minister of the gospel of any denomination.

"Marriage," Sec. 7; N. Y. C. C., Sec. 45.

SEC. 71. No particular form for the ceremony of marriage is required, but the parties must solemnly declare, in the presence of the person solemnizing the marriage, and of at least one witness, that they take each other as husband and wife.

N. Y. C. C., Sec. 46.

SEC. 72. The person solemnizing a marriage must first require the presentation of the marriage license, and satisfy himself that it substantially conforms to Sec. 69, and that the facts set forth in it are true. For this purpose he may rely upon the license or may administer oaths and examine the parties and witnesses in like manner as the County Clerk, before issuing the license.

[New section.]

Based on "Marriage," Secs. 7, 8.

NOTE.-Sec. 47, New York Civil Code, changed to conform to our license system. It is also intended to give authority to revise the license of the Clerk in cases where there are suspicions of fraud.

SEC. 73. The person solemnizing a marriage must make, sign and indorse upon or attach to the license a certificate, showing

1. That he believes the facts stated to be true, and that upon due inquiry there appears to be no legal impediment to the marriage.

2. The names and places of residence of one or more witnesses to the ceremony.

3. The fact, time and place of solemnization. [New section.]

Based on "Marriage," Sec. 8.

SEO. 74. He must, at the request of and for either party, make a certified copy of the license and certificate, and file the originals with the County Recorder within

thirty days after the marriage, which must be recorded as provided in Sec. - POLITICAL Code.

of marriage, how made.

SEC. 75. Persons married under the provisions of Sec. Declaration 55, and without the solemnization as provided in Sec. 70, must jointly make a declaration of marriage, showing

1. The names, ages and residence of the parties.
2. The time of marriage, as nearly as practicable.

3. That the marriage has not been solemnized as required by Sec. 70.

It must be signed by the parties making it, and acknowledged in like manner as conveyances of land by the husband, and filed with the County Recorder, to be recorded in like manner as solemnized marriages.

[New section.]

NOTE. The following section for the Penal Code has been prepared, as a means of enforcing compliance with the preceding:

"If persons who are married under the provisions of Sec. 55, and whose marriage is not solemnized as provided in Sec. shall not make, acknowledge and file with the County Recorder a declaration of marriage as provided in Sec. 70, within one year after such marriage, dating from the consent thereto, they are guilty of a misdemeanor. If one party to the marriage consents and proposes to make the declaration and the other refuses or neglects to make it, the party refusing or neglecting is alone guilty of the offence provided for in this section."

SEC. 76. If either party to an unsolemnized marriage refuses to join in a declaration of marriage, as provided in Sec. 75, the other party may institute an action in the District Court for the purpose of establishing the marriage, and upon a proper showing, and by proceedings provided in the CODE OF CIVIL PROCEDURE, shall obtain a judgment affirming the validity of such marriage.

[New section.]

NOTE. These two sections and penal section in note are substitutes for the vicious proviso at the end of Sec. 7 (Stats. 1863, 244). They are intended, with the penal section, equally for the protection of the parties to a marriage and society. Families and the public have a right to know who are married, though they may not always know who are living in illicit intercourse. See note to Sec. 55 for the English provision for enforcing the solemnization of mar. riage.

CHAPTER II.

DIVORCE.

ARTICLE I. NULLITY.
II. DISSOLUTION.

III. CAUSES FOR DENYING DIVORCE.

IV. GENERAL PROVISIONS.

ARTICLE I.

NULLITY.

Cases where marriage may be an nulled.

SECTION 82. Cases where marriage may be annulled.

83. Action to obtain decree of nullity in certain cases, when and by whom commenced.

84. Children of annulled marriage.

85. Custody of children.

86. Effect of judgment of nullity.

SEC. 82. A marriage may be annulled for any of the following causes, existing at the time of the marriage: 1. That the party seeking to have the marriage annulled was under the age of legal consent; unless, after attaining the age of consent, such party for any time. freely cohabited with the other as husband or wife.

2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.

3. That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife.

4. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.

5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife.

6. That either party was, at the time of marriage, physically incapable of entering into the married state; and such incapacity continues, and appears to be incurable.

N. Y. C. C., Sec. 54; 1 Cool. Bl. Comm., 435-140. Antenuptial fraud, Baker vs. Baker, 13 Cal., 87. Previous marriage, Fuller vs. Fuller, 17 Cal., 605.

NOTE. Subd. 3 of Sec. 54 (N. Y. C.-C.), and Subd. 2 o Sec. 4, "Divorces" (Statutes), are substantially the same. They both provide for nullity of marriage of females married under fourteen, without consent of parents or guardians. The provision is omitted, as being in conflict with the recognized capacity to contract marriage at twelve years of age.

SEC. 83. An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods, and by the parties, as follows:

Action to obtain

decree of certain

nullity in cases, when and by whom com

1 For causes mentioned in Subd. 1: by either party to menced. the marriage, or by a guardian or relative, within five years after arriving at the age of consent.

2. For causes mentioned in Subd. 2: by the party injured, within five years after discovering the fact of previous marriage; or by the former husband or wife, within five years after discovering the fact of subsequent marriage.

3. For causes mentioned in Subd. 3: by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party.

4. For causes mentioned in Subd. 4: by the party injured, within five years after the discovery of the facts constituting the fraud.

5. For causes mentioned in Subd. 5: by the injured party, within five years after the marriage.

6. For causes mentioned in Subd. 6: by the injured party, within five years after the marriage.

annulled marriages.

SEC. 84. Where a marriage is annulled on the ground Children of that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or where a marriage is annulled on the ground of insanity, children begotten before the judgment must be specified in the judgment, and are entitled to succeed, in the same manner as legitimate children, to the estate of the parent who, at the time of the marriage, was competent to contract.

N. Y. C. C., Sec. 56.