Chap. 301.—An ACT to amend and re-enact Sections 1 and 8 of Chap-
ter 104 of the Code of 1878, in relation to issuing Marriage Licenses.

Approved April] 29, 1874.

1. Be it enacted by the general assembly, That sections
one and three of chapter one hundred and four of the Code
of eighteen hundred and seventy-three, be amended and re-
enacted so as to read as follows:

Ҥ 1. Every license for a marriage shall be issued by the
clerk of the court of the county or corporation in which the
female to be married usually resides; or, if the office of the
clerk be vacant, by the judge of the county court of such
county, or the mayor of such corporation, who shall make
return thereof to the clerk as soon as there may be one: pro-
vided, however, that when the residence of a female to be
married is within the jurisdiction of a corporation or hustin
court, the license for such marriage shall be issued by the
clerk of such court: and provided further, that all marriages.
of females residing within the jurisdiction of a corporation
or hustings court, which have been heretofore, or may be,
before this act takes effect, solemnized ‘by virtue of a license
issued by the clerk of the court of a county wherein a city or
town was or is situated, shall be as valid as if such license
was issued by the clerk of such corporation or hustings court.”

Ҥ 3. If any person intending to marry be under twenty-
one years of age, and has not been previously married, the
consent of the father or guardian, or if there be none, of the
mother of such person, shall be given, either personally to
the clerk or judge, or in writing, subscribed by a witness
who shall make oath before the clerk or judge that the said
writing was signed or acknowledged in his presence by such
father, guardian or mother, as the case may be.”

2. This act shall be in force from its passage.