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may be material to ascertain the propriety of such sale to be clearly proved to its satisfaction, and in such manner as it shall direct. Depositions shall be taken in the presence of the guardians ad litem, or on interrogatories agreed upon by them.

SEC. 10. No such sale shall be ordered if the deed or will limiting the estate shall prohibit the same.

SEC. 11. When such sale shall have been authorized and made, and the terms thereof complied with, and the purchase money paid in full, the court may order a conveyance to be executed to the purchaser.

SEC. 12. The proceeds of the sale of such real estate shall be invested in such manner and in such securities as the circuit court shall direct. The interest on such investment shall go to the tenants for life, and the principal thereof shall be deemed real estate, and as such shall be subject to the limitations of the deed or will.

TITLE X.

Of the domestic relations.

CHAPTER 68. Of marriage, and the solemnization thereof.

CHAPTER 69. Of divorce.

SECTION

1. Polygamy forbidden.

2.

CHAPTER 70. General provisions concerning husband and wife.

CHAPTER 71. Of parents and children.

CHAPTER 72. Of guardians and wards.
CHAPTER 73. Of masters and apprentices.

CHAPTER 68.

OF MARRIAGE, AND THE SOLEMNIZATION THEREOF.

3. Marriages of parties related within

4.

certain degrees, void.

SECTION

6. Marriages between whites and negroes, void.

7. Marriages of insane persons, and parties under certain ages, void, &c.

SECTION

8. Marriages of persons leaving the District

to avoid this act.

9. Marriages; how celebrated; to be recorded and proved under the chapter. 10. By whom solemnized.

11. License to be obtained from clerk; form of.

12. License; how issued.

13. Consent of parents and guardians; when required.

14. Consent of master of slave; when required, and how given.

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21.

22.

Penalties on parties.

SECTION 1. All marriages contracted whilst either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved, and no restraint shall have been imposed on the party contracting such second marriage.

SEC. 2. All marriages contracted by parties related within any of the degrees of consanguinity or affinity prohibited in the following sections three or four, shall be void.

SEC. 3. A man shall not marry his mother, grandmother, stepmother, wife's mother, daughter, grandfather's wife, wife's grandmother, father's sister, mother's sister, wife's daughter, son's wife, sister, granddaughter, grandson's wife, wife's granddaughter, brother's daughter, or sister's daughter.

SEC. 4. A woman shall not marry her father, grandfather, stepfather, husband's father, son, grandmother's husband, husband's grandfather, father's brother, mother's brother, husband's son, daughter's husband, brother, grandson, granddaughter's husband, husband's grandson, brother's son, or sister's son.

SEC. 5. In all cases mentioned in the two sections immediately preceding, in which the relationship is founded upon a marriage, the prohibition shall continue in force, notwithstanding the dissolution of such marriage by death or by divorce, unless the divorce be for a cause which shows the marriage to have been originally void.

SEC. 6. All marriages between a white person on the one part and a negro on the other, shall be void.

SEC. 7. All marriages contracted by an insane person or by a party under the age of twelve years, shall be void; and any contracted by a person over that age but under fourteen, may be avoided by such party on his or her attaining the age of fourteen years, but not by others.

SEC. 8. When any persons, residents of this District, shall go out of the same, with intent to evade the previous provisions of this chapter, and be married, and shall return to the same, such marriage shall be deemed void in this District.

SEC. 9. For the purpose of being recorded and proved, as herein provided, marriages must be licensed and celebrated in accordance with the provisions of this chapter.

SEC. 10. The rites of marriage shall not be solemnized by any person but a minister of the gospel, who has been ordained according to the usage of his denomination; or in such manner as has been heretofore practised in this District by the society of people called Quakers, or by the Jews: provided, that as between persons belonging to any religious society which has no ordained minister, marriages may be solemnized by the person and in the manner prescribed by and practised in such society. The minister, or other person so authorized, shall receive as a fee for marrying parties the sum of one dollar, to be paid by the husband.

SEC. 11. No person shall marry without a license to that effect, to be issued by the clerk of the circuit court for this District, whose duty it shall be to grant the same, on application, and in form following:

DISTRICT OF COLUMBIA,

County of Washington, to wit:

?

Whereas, application has been made to me by of and, of, for license to be joined in holy matrimony: these are therefore to authorize you to solemnize the rites of marriage between those persons according to law, there appearing to you no lawful cause or just impediment to hinder the same.

Given under my hand and seal, this

day

To the Rev. Mr.

to celebrate the marriage.)

(or any

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other

person qualified by law

SEC. 12. The clerk shall not issue a license for the marriage of any person under the age of twenty-one years if male, or eighteen if female, unless he or she shall have been previously married, without the consent of the father or guardian, or, if there be none, of the mother, given in a manner similar to that prescribed in the following section.

SEC. 13. No minister, or other person authorized to solemnize marriages, shall join in marriage any male under the age of twenty-one years, or any female under the age of eighteen years, unless he or she shall have been previously married, without the consent of the father or guardian, or, if there be none, of the mother of every such party, personally given, or signified by the parent or guardian in a writing attested by one witness.

SEC. 14. No slave shall be married without the consent of his or her owner, given personally, or in writing attested, or as provided in previous section.

SEC. 15. Every minister or other person who shall, under the provisions of this chapter, celebrate any marriage ceremony, shall, on the first day of January or July thereafter, certify the fact, in form following, to the clerk of the circuit court, stating the christian and surnames of the parties married by him; their places of residence, and their color, if not white; the time of the marriage, and also that the parties were known to him, or that their identity was proved by a credible witness. Such certificate shall be signed by the person performing the marriage ceremony, and be attested by one witness to the marriage.

The form thereof shall be as follows:

I,

of

(title, if any,) do certify, that on this

"

I have united in marriage

of

day of and

"

2

who are personally known to me, (or whose

"

identity has been proved.)

Witness to the marriage:

SEC. 16. The clerk shall preserve such certificates; and in a book to be kept by him, and called the Marriage Registry, he shall note every license of marriage granted by him, stating the christian and surnames of parties, their places of residence, and the time when such license was granted; and on the receipt of the certificate of marriage, he shall record it opposite the entry already made, and shall index such registry in the name of each party.

SEC. 17. The clerk shall, on the application of any person, grant a certified copy of such marriage record, and the registry shall be open to inspection at all times. The marriage registry, made and kept as

herein before prescribed, or a copy thereof duly certified under the hand of the clerk and the seal of the court, shall be received in all courts and places within this District as presumptive evidence of the fact of such marriage.

SEC. 18. Any person knowingly uniting in marriage, parties within the degrees of relation herein prohibited; or any minor, without the consent of his parent or guardian, given as hereinbefore provided; or any person insane, or under the age of fourteen years, or any white person with a negro, shall be fined the sum of five hundred dollars.

SEC. 19. Any person uniting in marriage, parties who have not obtained a license from the clerk, as directed in this chapter, or a slave without the consent of his master, given as herein before provided, shall be fined the sum of one hundred dollars. The clerk shall be subject to a like fine for issuing a license contrary to the provisions of this chapter.

SEC. 20. Any minister or other person solemnizing a marriage. under the provisions of this chapter, who shall fail to return in proper form to the clerk, in the first week of January or July of every year, the certificates of marriage as required of him by this chapter, shall be fined the sum of two hundred dollars.

SEC. 21. Any person contracting marriage within the degrees of relation herein before prohibited, shall be fined the sum of five hundred dollars; and for contracting the same without a license first obtained from the clerk, or before a person not authorized by this chapter to solemnize a marriage, the sum of one hundred dollars.

SEC. 22. When any white person and a negro shall intermarry, each party shall suffer such punishment as is provided in Part IV of this Code.

CHAPTER 69.

OF DIVORCE.

SECTION

1. Jurisdiction of divorces, and proceedings therein.

2. Proceedings therein.

3. Divorces a vinculo matrimonii; for what causes granted.

SECTION

4. Divorces a mensa et thoro; for what causes granted.

5. Cause happening out of District, party to have lived here two years before application.

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