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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:
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.
, (or any other person qualified by law to celebrate the marriage.)
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:
day of I have united in marriage
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 hereinbefore 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 hereinbefore 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 hereinbefore 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.
to have lived here two years before application.
though one a mensa et thoro has been
had. 7. On petition asking for divorce a vinculo,
court may grant one a mensa et thoro. 8. How marriages denied or doubted,
affirmed. 9. When issue deemed illegitimate. 10. 11.
When issue deemed legitimate. 12.
her own property ; how allowed.
may be restrained from marrying again. 16. Alimony may be awarded to wife during
pendency of suit.
SECTION 1. The circuit court for this District shall have jurisdiction of all applications for divorces, to be made by petition, upon which the same proceedings shall be had as are had in other cases, except so far as is otherwise provided in this chapter.
SEC. 2. The petition for a divorce shall specify the causes therefor with certainty, and upon the same being filed, the clerk shall issue summons for the defendant to
If it shall appear by the affidavit of a disinterested witness, that the defendant is a non-resident of this District, or has been absent therefrom for the space of six months, the circuit court after the return of one summons not found, may authorize notice of the pendency of the petition to be given by publication, in such manner as it shall direct. The cour shall proceed to hear and determine such cause whenever such sum mons shall have been served twenty days, or such publication made forty days, before the commencement of the term. No judgment for a divorce shall be rendered on default without proof; nor shall any admissions contained in the answer of the defendant be taken as proof of the facts charged as the ground of the application, but the same shall in all cases be proved by other evidence.
SEC. 3. A divorce a vinculo matrimonii-from the bond of matrimony—may be granted for any of the following causes, to wit:
First. For any cause, which, by the laws of this District, renders a marriage null and void, ab initio ; and, also, when it is voidable, as before provided, by a person marrying above the age of twelve years and under fourteen.
Secondly. The impotence of either party at the time of the marriage. Thirdly. For the adultery of either party during the marriage.
Fourthly. When either party is sentenced to confinement in the penitentiary for the term of life or seven years or more, when no pardon granted to the party so sentenced shall, after a divorce for that cause, restore such party to his or her conjugal rights.
Fifthly. When the female, before marriage, has been guilty of illicit carnal intercourse with a man, the same being unknown to the husband at the time of the marriage.
Sixthly. The abandonment by the party complained against of the other party for the uninterrupted period of three years, when the court shall be satisfied that such abandonment is deliberate, final, and unattended by any reasonable expectation of reconciliation.
Sec. 4. A divorce a mensa et thoro-or from bed and board-or, in the discretion of the court, a divorce a vinculo matrimonii, may be granted for either of the following causes, to wit:
First. Cruelty of treatment.
Sec. 5. No divorce shall be granted for any cause which shall have occurred out of this District, unless the party applying for the same shall have resided within the District for two years next preceding the application.
Sec. 6. When a petition asks for a divorce a vinculo matrimonii, the fact that the parties have been divorced a mensa et thoro, shall not be taken to interfere with the jurisdiction of the court over the subject.
Sec. 7. Upon a petition filed asking for a divorce a vinculo matrimonii, the court may decree a divorce a mensa et thoro, if the cause proved be sufficient to entitle the party to the same.
Sec. 8. When the validity of any marriage shall be denied or doubted by either party, the other may file a petition in manner aforesaid for affirming the marriage, and upon due proof of the validity thereof, the court shall have power to affirm and declare valid such marriage, and its judgment thereon shall be conclusive upon all persons concerned.
Sec. 9. Upon the dissolution by divorce of any marriage that is prohibited on account of consanguinity or affinity of the parties, or of any marriage between a white person and a negro, the issue of such marriage shall be deemed to be illegitimate.