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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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ceeding, or of anything said in the course thereof, or of a
verified charge or complaint made by any person to a public
official, upon which complaint a warrant shall have been
issued.

5. By a fair and true report, without malice, of the pro-
ceedings of a public meeting, if such meeting was lawfully
convened for a lawful purpose and open to the public, or the
publication of the matter complained of was for the public
benefit.

HlNtory: En.-vcted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4. p. 184; March 26, 1895, Stats, and Amdts.
1895, p. 167; amended by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 334, held unconstitutional; see his-
tory, § 4 ante.

See Kerr's Cyc. C. C. for 115 pars, annotation.

69 C. 527. 529, 530, 11 P. 179, 180 (applied in connection with
8 46): 69 C. 625, 627, 630, 58 A. R. 574, 11 P. 248. 249, 250, (con-
strued and applied); (G. Dec. 1888). 19 P. 686, 687 (applied); 70

32



pt. II,] MALICE NOT INFKUKED. fiS -IS. 49

C. 185. 186: 11 V. 564 (applied); 78 C. 486. 487. 488. 12 A. S. 76.
21 P. 185. 3 L. 653 (applied); 91 C. 107. 112. 27 P. 533, 534 (con-
strued and appllod); 93 C. 59, 70. 28 P. 845, 848 (appll.-d); 93 C.
222, 236, 27 A. S. 174, 28 P. 937, 941 (applied): 111 C. 606. 611,
612. 44 P. 241 (applied): 132 C. 224. 229. 64 P. 290 (construed and
applied): 137 C. 339. 349. 350. 70 P. 216 (applh-d); 146 C. 616,
620, 80 P. 1084 (applied); 148 C. 422, 423. 83 P. 444. 7 A. C. 601
(cited concerning: privileged communications); 72 F. 808. 811
(referred to).

As to complaint without probable cause, see Kerr's Cyc. C. C.
I 47 and note pars. 13-15.

As to defuinntiiry slatcnu-nt.s in ans\v»r not lunstltutlnff
defense, see 51 I>. 930.

As to law of newspaper libel, see 15 A. S. 333: 16 A. S. 544.

Adultery charRcd In cross-bill for divorce. — See 53 L. 445.

Chairman committee of political party, letter of uttaclcinK
Kovernor's appointment to particular office. — See 55 !>. 732.

Mode of proof. — See Kerr's Cyc. C. C. S 48 and note.

Publications of r«'asons for discharge of employee, by rail-
road. — See 60 I* 4 70.

School board, in requestlne: revocation of teacher's license. —
See 52 L. 852.

Unjust derogatory statements as to character in answer to
inquiries by Inti-restod party. — See 56 I.,. 296.



5 48. MALICE >0T INFKHKKI). In the cases provided
for In 8ul)divl.slons three, four, and Ave. of the preceding sec-
tion, mall'" \^ ""• inferred fr,,t., t»... (■..•lununication or 'xi'.h-
ration.

IliHloryi I'ifinrted Mnrili Jl, Ihi.;. nm<-nded March 2b. ISI'5.
Stats, and Atndts. 1893. p. 168. In force March 26. 1S9r<.

See Kerr's Cyc. C. C. for 36 pars, annntntln-

70 r. 135. 136, 11 P. 564 (referred to); 19 P. • >.. ..>. i-it.-.i..
93 C, S9. 70. 28 P. 845. S4S (referred to In application of |47);
132 C. 224. 229. 1^4 P. 290 (construed and applied). 146 C. 616.
620, SO P. 10K4 (appllod).

As to evidence of gonfrnl r<i>'>rt« In mltlKntl-n of .lim.T»«»».
SDC 13 A. I>. 499.

As to insanity as a ibf) i. ' Kerr's Cy< '<ot«

pars. 52, 53; also ante i 45. note.

549. rROTK( TION OK rKKS(»>\I IJUMImvs. The
ripht.s of pcr.'^oii.'il relations forbid:

1. The abduction of a husband from his wife, or of a parent
from his child.

Kerr's C. C— 2 33



§§ 50, 51 CIVIL CODE. Div. I.

2. The abduction or enticement of a wife from her hus-
band, or a child from a parent, or from a guardian entitled
to its custody.

3. The seduction of a wife, daughter, orphan sister, or
servant.

4. Any injury to a servant which affects his ability to serve
his master.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 334, held
unconstitutional; see history, § 4 ante; amended March 7, 1905,
Stats, and Amdts. 1905, p. 68.

See Kerr's Cyc. C. C. for 14 pars, annotation.

98 C. 578, 582, 33 P. 492, 21 L. 233 (applied); 122 C. 253, 256,
257, 259, 54 P. 847 (construed and applied).

As a criminal offense, see Kerr's Cyc. Pen. C. §§ 266, 268 and
notes.

Limitation of actions for, see Kerr's Cyc. C. C. P. § 340, note
par. 34 and § 352 and note.

§ 50. RIGHT TO USE FORCE. Any necessary force may
be used to protect from wrongful injury the person or prop-
erty of oneself [one's self], or of a wife, husband, child, par-
ent, or other relative, or member of one's family, or of a
ward, servant, master, or guest.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 184.

§51. RIGHTS OF CITIZENS IN PLACES OF PUBLIC
ACCOMMODATION OR AMUSEMENT. All citizens within the
jurisdiction of this state are entitled to the full and equal
accommodations, advantages, facilities, and privileges of inns,
restaurants, hotels, eating-houses, barber-shops, bath-houses,
theaters, skating-rinks, and all other places of public accom-
modation or amusement, subject only to the conditions and
limitations established by law and applicable alike to all
citizens.

Hi.stor>'s Added by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 334, held unconstitutional; see his-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 553.

34



Pt. II.] DAMAGES RECOVERABLE. §§52,53

74 C. 266, 267, 15 P. 831, 832 (erroneously cited for § 24 of
the insolvent act of 1852), 5 A. S. 440.



§52. DAMAGES RECOVERABLE FOR VIOLATIOX OF
PRECEDING SECTION. Whoever violates any of the provis-
ions of the last preceding section, [1] by denying to any citi-
zen, except for reasons applicable alike to every race or color,
the full accommodations, advantages, facilities, and privi-
leges in said section enumerated, or [2] by aiding or incit-
ing such denial, or whoever [3] makes any discrimination, dis-
tinction, or restriction on account of color or race, or except
for good cause, applicable alike to all citizens of every color
or race whatever, in respect to the admission of any citizen
to, or his treatment in, any inn, hotel, restaurant, eating-
house, barber-shop, bath-house, theater, skating-rink, or other
public place of amusement or accommodation, whether such
place is licensed or not, or whoever aids or ineites sncli dis-
crimination, distinction, or restriction, for each and every
such offense is liable in damages in an amount not less than
fifty dollars, which may be recovered in an action at law
brought for that purpose.

IliNtory: Added by Code Commission, Act March 16, 1901,
Stats, and Anidts. 1900-1, p. 334, held unconstitutional; see his-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Anidts.
1905, pp. 553-554.

§:>S. AVHOXJFII, iniFlSAI- TO ADMCr FFHSON TO
PLA( ES (»F rCHLU A.>U SEMEXT. It is unlawful for any
corporation, person, or association, or the proprietor, lessee,
or the agents of either, of any opera house, theater, melodeon,
museum, circus, caravan, race-coiuse, fair, or other place of
public amusement or entertainment, to refuse admittance to
any person over the age of twenty-one years, who presents
a ticket of admission acquired by purchase, or who tenders
the price thereof for such ticket, and who demands admission
to such place.

[Who may he exeliided.] Any person under the influence
of liquor, or who is guilty of boisterous conduct, or any per-

35



§ 54 CIVIL CODE. [Div. I.

son of lewd or immoral character, may be excluded from any
such place of amusement.

History: Added by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 335, held unconstitutional; see his-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts. 1905,
p. 554.

§51. DAMAGES EECOYERABLE FOR SUCH REFUSAL.

Any person who is refused admission to any place of amuse-
ment contrary to the provisions of the last preceding section,
is entitled to recover from the proprietor, lessee, or their
agents, or from any such person, corporation, or association,
or the directors thereof, his actual damages, and one hundred
dollars in addition thereto.

History: Added by Code Comission, Act March 16, 1901, Stats,
and Amdts. 1900-1, p. 335, held unconstitutional; see history,
§ 4 ante; re-enacted March 21, 1905, Stats, and Amdts. 1905,
p. 554.



36



PART III.

PERSONAL RELATIONS.

Title I. Marriage, §§ 55-181.

II. Parent and child, §§ 193-230.

III. Guardian and Ward, §§ 236-258.

IV. Master and Apprentice, §§ 264-276.



Chapter I.

11.

III.



TITLE I.

MARRIAGE.

The Contract of Marriage, §§ 55-80.

Divorce, §§ 82-148.

Husband and Wife, §§ 155-181.



CHAPTER I.

THE CONTRACT OF MARRIAGE.

Article I. Validity of Marriage, §§ 55-63.

II. Authentication of Marriage, §§ 68-79a.
III. Judicial Determination of Void Marriages, § 80.



ARTICLE I.
VALIDITY OF MARRIAGE.

55. What constitutes marriage.

56. Minors capable of contracting marriage.

57. Marriage, liow manifested and proved.

58. Voidable marriages [repealed].

59. Incompetency of parties to.

60. Of white and negroes or mulattoes, void.

61. Subsequent marriage, when illegal and void.

62. Released from marriage contract, when.

63. Marriages contracted without the state.

37



§§55,56 CIVIL CODE. [Div.I.Pt.III.

§55. WHAT CONSTITUTES MARRIAGE. Marriage is a
personal relation arising out of a civil contract, to which the
consent of parties capable of making the contract is neces-
sary. Consent alone will not constitute marriage; it must be
followed by a solemnization authorized by this code.

History: Enacted March 21, 1872; amended March 26, 1895,
Stats, and Amdts. 1895, p. 121.

See Kerr's Cyc. C. C. for 84 pars, annotation.

67 C. 185, 212, 7 P. 456, 635, 8 P. 709 (dis. op., construed and
applied); 75 C. 1 (construed and applied on pp. 8, 11, 12, 13, 15,
16, 17, 29, 50, 51), (construed on pp. 19, 21, 22, 23, 24, 25), (in dis.
op. construed and applied on pp. 57, 58, 59, 72, 73, 74, 76), (re-
ferred to on pp. 9, 14, 18), 16 P. 345, 348, 349, 350, 351, 352, 353,
354, 355, 358, 371, 378, 379; 79 C. 633, 634 (applied on pp. 634,
644, 651, 661, 667, 684, 686, construed and applied on 669), 22 P.
26, 31, 41; 81 C. 182, 189, 22 P. 648 (construed and applied); 82
C. 413, 416, 417, 22 P. 1140, 1141 (construed and applied); 89 C.
46, 49, 50, 23 A. S. 447, 26 P. 636 (construed and applied); 31 P.
620, 622 (applied); 99 C. 286, 288, 289, 33 P. 844 (construed and
applied); 104 C. 260, 261, 37 P. 944 (applied); 104 C. 631, 633,
634, 38 P. 422 (construed and applied); 105 C. 357, 360, 38 P.
735', 736; 116 C. 304, 48 P. 127 (applied without citation); 121 C.
620, 624, 628, 629, 66 A. S. 74, 54 P. 143, 42 L. 343 (applied); 128
C. 308, 310, 60 P. 932 (applied); 133 C. 524, 527, 65 P. 1034 (ap-
plied); 137 C. 129, 146; 69 P. 900, 906.

As to conditions precedent and subsequent, see Kerr's Cyc.
C. C. §§ 1436, 1438 and notes.

As to assumption of marital rights, duties, and obligations,
see Kerr's Cyc. C. C. § 55, note pars. 36, 39, 55 et seq.

As to by whom solemnized, see Kerr's Cyc. C. C. § 70 and
note.

As to form of solemnization, see Kerr's Cyc. C. C. § 71 and
note.

As to requirements by person solemnizing marriage, see
•Kerr's Cyc. C. C. § 72 and note.

As to solemnization, see Kerr's Cyc. C. C. § 55, note pars. 35
et seq.

Mode of proof. — ^See post § 57 and note.

Prosecutions for bigamy. — See Kerr's Cyc. Pen. C. § 1106 and
note.

game — Declaration of marriage solemnization of which is
not recorded. — See Kerr's Cyc. C. C. § 76 and note.

§ 56. MINORS CAPABLE OF CONTRACTING MARRIAGE.

Any unmarried male of the age of eighteen years or upwards,

38



Tit.I,ch.I,art.I.] MARRIAGE. §§ 57-59

and any unmarried female of the age of fifteen years or
upwards, and not otherwise disqualified, are capable of con-
senting to and consummating marriage.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

75 C. 1, 14 (cited), 16 (construed), 59. 16 P. 345, 351, 79 C.
633, 667, 22 P. 26, 131 (referred to); 123 C. 224, 226, 69 A. S. 52,
55 P. 911 (construed and held not applicable).

§57. MARRIAGE, HOW MANIFESTED AND PROVED.

Consent to marriage and solemnization thereof may be proved
under the same general rules of evidence as facts are proved
in other cases.

History: Enacted March 21, 1872; amended March 26, 1895,
Stats, and Amdts. 1895, p. 121.

See Kerr's Cyc. C. C. for 31 pars, annotation.

75 C. 1, 15 (cited), 16 (construed), 51, 52, 59, 63, 76 (construed
and applied), 67, 16 P. 345, 351, 368, 373, 379; 79 C. 633, 666, 667,
686 (construed), 636, 694 (construed and applied), 22 P. 26,
44, 131; 116 C. 304, 313, 48 P. 127 (construed and applied); 133
C. 524, 527, 65 P. 1034 (applied).

§58. VOIDABLE MARRIAGES (repealed).

HLstory: Enacted March 21, 1872; anaended March 30, 1874,
Code Amdts. 1873-4, p. 185; repealed by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 335, held unconsti-
tutional; see history, § 4 ante; re-repealed March 21, 1905, Stats,
and Amdts. 1905, p. 554.

See Kerr's Cyc. C. C. for 21 pars, annotation.

(C. Nov. 30, 1892), 31 P. 571, 573, 574 (construed and held not
applicable); 138 C. 546, 549, 71 P. 458 (erroneously cited for
§158).

§59. INCOMPETENCY OE PARTIES TO. Marriages
between parents and children, ancestors and descendants of
every degree, and between brothers and sisters of the half as
well as the whole blood, aiid between uncles and nieces or
aunts and nephews, are incestuous, and void from the begin-
ning, whether the relationship is legitimate or illegitimate.

History: Enacted March 21, 1872.
39



§§ 60, 61 CIVIL CODE. [Div.I,Pt.III.

§60. OF WHITES AND NEGROES OR MULATTOES,
VOID. All marriages of white persons with negroes, mongo-
lians, or mulattoes are illegal and void.

History: Enacted March 21, 1872; amended by Code Commis-
sion (by adding' word "mongolian"), Act March 16, 1901, Stats.
and Amdts. 1900-1, p. 335, held unconstitutional; see history, §
4 ante; amended March 21, 1905, p. 554.

See Kerr's Cyc. C. C. for 12 pars, annotation.
137 C. 129, 135, 69 P. 900 (referred to).

§61. SUBSEQUENT MARRIAGE, WHEN ILLEGAL AND
VOID. A subsequent marriage contracted by any person dur-
ing the life of a former husband or wife of such person, with
any person other than such former husband or wife, is illegal
and void from the beginning, unless:

1. The former marriage has been annulled or dissolved. In
no case can a marriage of either of the parties during
the life of the other, be valid in this state, if contracted within
one year after the entry of an interlocutory decree in a pro-
ceeding for divorce.

2. Unless such former husband or wife is [1] absent, and
not known to such person to be living for the space of five
successive years immediately preceding such subsequent mar-
riage, or [2] is generally reputed or believed by such person
to be dead at the time such subsequent marriage was con-
tracted. In either of which cases the subsequent marriage
is valid until its nullity is adjudged by a competent tribunal.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 185; Feb. 25, 1897, Stats, and Amdts. 1897,
p. 34; amended by Code Commission, Act March 16, 1901, Stats,
and Amdts. 1900-1, p. 335, unconstitutional; see history, § 4 ante;
amended March 16, 1903, Stats, and Amdts. 1903, p. 176.

See Kerr's Cyc. C. C. for 66 pars, annotation.

94 C. 446, 459, 464, 29 P. 957, 960 (construed and applied); 133
C. 524, 527, 65 P. 1034 (not applicable); 137 C. 129, 131, 132, 133,
134, 135, 137 (construed); 138 (amendment of 1897 to section
not applicable); 139 (construed and applied), 142, 144 (applied),
69 P. 900, 139 C. 630, 632, 73 P. 466, 467 (construed and applied);
140 C. 244, 247, 248, 249 (construed and applied); 73 P. 1000;
140 C. 476, 485 (construed), 488 (applied), 74 P. 28; 146 C. 245,

40



Tlt.I,Ch.I,art.I.] RELEASE FROM MARRIAGE. §§ 62, 63

247, 249, 252, 79 P. 891, 106 A. S. 23 (referred to); 6 C. A. 420,
423, 92 P. 329 (referred to).

Presumption of death from absence. — See Kerr's Cyc. C. C. P.
§ 1963 and note.

§62. RELEASE FROM MARRIAGE CONTRACT, AVIIEX.

Neither party to a contract to marry is bound by a promise
made in ignorance of the other's want of personal chastity,
and either is released therefrom by unchaste conduct on the
part of the other, unless both parties participate therein.

Hi8tory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1S73-4, p. 185.

See Kerr's Cyc. C. C. for 12 pars, annotation.
As to breach of promise, see 63 A. D. 532-548.

§63. MARRIAGES (ONTUACTED WITHOUT THE
STATE. All marriages contracted without this state, which
would be valid by the laws of the country in which the same
were contracted, are valid in this state.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

(By error of reporter cited in headlines of official volume
Norman vs. Thompson), 121 C. 620, 624, 66 A. S. 74, 54 P. 143, 42
L. 343 (construed and held not applicable); 137 C. 129, 135, 136,
137. 138, 139 (applied), 145 (comment), 147 (held not applicable),
69 P. 900.



41



§§ 68, 69 CIVIL CODE. [Div.I.Pt.III.

ARTICLE II.

AUTHENTICATION OF MARRIAGE.

§ 68. Procedure required.

§ 69. Marriage license.

§ 69a Oprtificate of registry of marriage.

§ 70. By whom marriages may be celebrated.

§ 71. No particular form of solemnization.

§ 72. Requirements by persons solemnizing marriage.

§ 73. Certificates of marriage.

§ 74. Certificate to parties and recorder.

§ 75. Declaration of marriage, how made [repealed].

§ 76. Declaration where there is no record.

§ 77. To be acknowledged and recorded.

§ 78. Either party may proceed to test validity of marriage.

§ 79. Marriage without license.

§ 79a. Recording declaration of marriage.

§ 68. PEOCEDUEE EEQUIEED. Marriage must be licensed,
solemnized, authenticated, and recorded as provided in this
article; but non-compliance with its provisions by others
than a party to a marriage does not invalidate it.

History: Enacted March 21, 1872; amended March 26, 1895,
Slats, and Amdts. 1895, p. -121; March 21, 1905, Stats, and Amdts.
1905, p. 554.

See Kerr's Cyc. C. C. for 12 pars, annotation.

104 C. 260, 261, 37 P. 944 (applied with other sections); 116 C.
304, 311, 48 P. 127 (cited with other sections); 121 C. 620, 628,
629, 66 A. S. 74, 54 P. 143, 42 L. 343 (applied); 133 C. 524, 527,
65 P. 1034 (amendment of 1895 lield not applicable).

§69. MAEEIAGE LICENSES. All persons about to be
joined in marriage must first obtain a license therefor, from
the county clerk of the county in which the marriage is to be
celebrated, which license must show:

1. The identity of the parties.

2. Their real and full names, and places of residence.

3. Their ages; and

4. Whether white, mongolian, negro or mulatto.
[License not to issue, when.] No license must be granted

42



1



Tit.I,ch.F,ait.II.] LICENSE— REGISTRY. § 69a

when either of the parties, applicants therefor, is an imbe-
cile, or insane, or who at the time of making the application,
or proofs herein required, for said license, is under the
influence of any intoxicating liquor or naroctic drug; no
license must be issued authorizing the marriage of a white
person with a negro, mulatto, or mongolian: If the male is
under the age of twenty-one years, or the female is under
the age of eighteen years, and such person has not been pre-
viously married, no license must be issued by the county
clerk unless the consent in writing of the parents of the per-
son under age, or one of such parents, or of his or her guard-
ian, is presented to him, duly verified by such parents, or
l)iirent. or guardian; and such consent must be filed by the
clerk, and he must state such facts in the license.

[Kxnininalioii on ontli.] For the purpose of ascertaining
all the facts mentioned or required in this section, the clerk,
at the time the license is api)lied for, may, if he deems it
necessary in order to satisfy himself as to matters in this sec-
tion enumerated, examine the male applicant for a license on
oath, which examination shall be reduced to writing by the
clerk, and subscribed by him.

[In clYecl, hIu'H.] Sec. 2. This act shall be in force and
take effect fioni and after its passage.

HiNtoryi Enacted March 21, 1872; amended March 30, 1874,
Codo Anults. 1873-4, p. 186; April 6, 1880, Code Amdts. 1880 (C.
C. pt.), p. 3; amended by Code CommLsslon, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 336. lield unconstitutional; see his-
tory, S 4 ante; amended March 18. 1905, Stats, and Amdts. 190R.
p. 182; amended March 15. 1907. Stats, and Amdts. 1907. p. 305.
Kerr's Stats, and Amdts. 1906-7, p. 399.

See Kerr's Cyc. C. C. for 4 pars, annotation.

.■^9 C. 372. 374, 379 (referred to); 116 C. 304, 311, 48 P. 127
Kited with other sections); 121 C. 620, 629. 66 A. S. 74, 54 P.
143. 42 I.. 343 (applied); 123 C. 224. 226. 69 A. S. 52. 55 P. 911
(not applicable).

Marriage by contract, see Kerr's Cyc. C. C. $§ 55. 68 and notes.

§«S)a. CEHTIFK ATE OF REGISTRY OF MARRI.VGE. .Ml

persons about to be joined in marriage must obtain from the

43



§ 70 CIVIL CODE. [Dlv.I,Pt.III.

county clerk of the county in which the marriage is to be
celebrated, in addition to the license therefor provided for in
section sixty-nine of the Civil Code, a certificate of registry
as provided in section three thousand and seventy-six of
the Political Code which shall contain among other matters
as near as can be ascertained, the race, color, age, name and
surname, birthplace, residence of the parties to be married,
number of marriage and condition of each, whethe'r single,
widowed, or divorced, the occupation of the parties, maiden
name of the female, if previously married, the names and
birthplaces of the parents of each, and the maiden name of
the mother of each, which said certificate of registry shall be
filled out as herein provided in the presence of the county
clerk issuing the marriage license and shall then be pre-
sented to the person performing the ceremony and shall be
filed by him with the county recorder within three days after
the ceremony.

Hi.xtory: Enacted April 26, 1909, Stats, and Amdts, 1909, p.
1093.

§70. BY WHOM MAKItlAGES MAT BE CELEBRATED.

Marriage may be solemnized by either a justice of the
supreme court, justice of the district courts of appeal, judge
of the superior court, justice of the peace, judge of any
police court, city recorder, priest or minister of the gospel
of any denomination.

[Repealing clause.] Sec. 2. All acts and parts of acts in
conflict with the provisions of this act are hereby repealed.

HI.-ftory: Enacted March 21, 1872; amended April 6, 1880,
Code Amdts. 1880 (C. C. pt.), p. 4; ameaded by Code Commission,
Act March IC, 1901, Stats, and Amdts. 1900-1, p. 336, held uncon-
stitutional; see history, § 4 ante; amended March 20, 1903, Stats,
and Amdts. 1903, p. 255; amended Marcli 1, 1907, Stats, and
Amdts. 1907, p. 80, Kerr's Stats, and Amdts. 1906-7, p. 400. In
effect immediately.

See Kerr's Cyc. C. C. for 4 pars, annotation.

75 C. 1, 12, 16 P. 345, 350 (applied); 116 C. 304, 311, 48 P. 127
(cited in connection with other sections); 121 C. 620, 628, 629,
66 A. S. 74, 54 P. 143, 42 L. 343 (applied); 140 C. 213, 221, 73 P.
1006 (referred to); 26 F. 337, 339 (referred to).

44



Tlt.I.ch.I.art.ir.] SOLEMNIZATION. 5S 71-74

Solomnizatlon on high seas by captain of vessel, — as to
validity, sec Kerr's Cyc. C. C. 8 68, note pars. 11, 12.

§71. NO P.VKTKTLAR ViUiM OF SOLEMNIZATION.

No particular form for the ceremony of marriage Is required,
but the parties must declare, in the presence of the person
solemnizing the marriage, that they take each other as hus-
band and wife.

IIlMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

(Dla. op,), 75 C. 1, 12, 60. 77 (applied). 66 (referred to;, !•;
P. 345, 350: 79 C. 633, 651, 22 P. 26, 131 (applied); 104 C. 260,
261, 37 P. 944 (applied): 116 C. 304, 311, 48 P. 127 (cited with
other sections): 121 C. 620, 628, 66 A. S. 74, 54 P. 143, 42 L. 343
(applied); 133 C. 524. 527. 6.'. P. 1034 (this, and « 55. luld not
retroactive).

§ 72. KKQl'IKEMEMS BY PKKSONS SOLE.MNIZINfi

MAUKIAdiE. The person solemnizing a marriage must first
require the presentation of the marriage license; and if he
has any reason to doubt the correctness of its statement of
facts, he must first satisfy himself of its correctness, and for
that purpose he may administer oaths and examine the par-
ties and witnesses In like manner as the county clerk does



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