Page:1862 Territory of Dakota Session Laws.pdf/408

CHAP. LIX.] . 7. If either party is a minor, the consent of the parent or guardian must be filed in the office of the clerk of the board of county commissioners, after being admitted by the said parent or guardian or proved to be genuine, and a memorandum of such facts must be also entered upon the marriage record by the clerk.

. 8. If the clerk of the board county commissioners grants a license contrary to the provisions of the preceding sections, he is gailty of a misdemeanor, and if a marriage is solemnized without such license being procured, the parties, so married, and all persons aiding in such marriage, are likewise guilty of a misdemeanor.

. 9. The license shall not be issued until the amount of one dollar has been paid to the clerk of the board of county commissioners as his fee.

. 10. Marriages must be solemnized either: 1. By some officiating minister of the gospel, ordained or licensed according to the usages of his denomination. 2. By any person or officer authorized to administer oaths.

. 11. After the marriage has been solemnized, the officiating minister, or magistrate, or other person shall, on request, give each of the parties a certificate thereof.

. 12. Marriages solemnized with the consent of parties in any other manner than is herein prescribed are valid, but the parties themselves, and all other persons aiding or abetting, shall forfeit to the school fund the sum of fifty dollars each.

. 13. The person solemnizing marriage shall forfeit a like amount, unless within ninety days after the ceremony he make return thereof to the clerk of the board of county commissioners.

. 14. The clerk of the board of county commissioners shall keep a register containing the names of the parties, the date of the marriage, and the name of the person by whom the marriage was solemnized, which (or a certified transcript therefrom) is receivable in all courts and places as evidence of the marriage, and the date thereof.

. 15. The preceding provisions, so far as they relate to the manner of solemnizing marriages, are not applicable to marriages among the members of any particular religious