Page:United States Statutes at Large Volume 31.djvu/1443

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1391 the court upon hearing determine for the petitioner, or judgment be given for him upon demurrer or for want of a plea, such etitioner shall thereupon recover his damages and costs as he m1ght gave done in an action for a false return, to be levied by execution, and a per emptory writ of mandamus shall be granted thereupon without delay against the defendant. Sec. 1279. JUDGMENT ron DEEENDANT.-—1f judgment shall be given ,ef,g*g§,Q*€¤* *0* da for the defendant heshall recover his costs of suit, to be levied in the ' manner aforesaid. Sec. 1280. DEFENDANT’S` DEEAULT.—1f the defendant shall neglect ,,,§’,‘§f,‘}’Q;}j’,‘_?,fj§,§;‘““*°; to iile his answer to the petition by the day named in the order of the court, after being served with notice thereof, the said court shall thereupon proceed to hear the said petition ex parte, within five days thereafter, and if it shall be of opinion that the facts and law of the case authorize the granting of a mandamus as prayed, it shall thereupon without delay order a peremptory mandamus to issue, and shall also adjudge to the petitioner his costs of suit. _ Sec. 1281. If the court shall, upon such ex parte hearing, be of 'd“m““l opinion that the facts and law of the case do not authorize the granting of a mandamus, it shall dismiss such petition with costs. Sec. 1282. APPEAL. —In case of an appeal by the defendant the court APNI- shall fix the penalty of the appeal bond necessary to be given to stay the execution or enforcement of the order appealed from. CHAPTER Fonrr-THREE. MARRIAGE. M’*"“*g°· Sec. 1283. PRoHIBrr10Ns.—The following marriages are prohibited _§(§§’§Q’,§‘§g§§b in the District of Columbia and shall be absolutely void ab initio, with- ` out being so decreed, and their nullity may be shown in any collateral proceedings, namely: First. The marriage of a man with his grandmother, grandfather’s wife, wife’s grandmother, father’s sister, mother’s sister, mother, stepmother, wife’s mother, daughter, wife’s daughter, son’s wife, sister, son’s daughter, daughter’s daughter, son’s son’s wife, daughter’s son’s wife, wife’s son’s daughter, wife’s daughter’s daughter, brother’s daughter, sister’s daughter. . Second. The marriage of a woman with her grandfather, grandmother’s husband, husband’s grandfather, father’s brother, mother’s brother, father, stepfather, husband’s fathe1·, son, husband’s son, daughter’s husband, brother, son’s son, daughter’s son, son’s daughter’s husband, daughter’s daughter’s husband, husband’s son’s son, husband’s daughter’s son, brother’s son, sister’s son. Third. The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce. ’ Sec. 1284. MARRIAGE MAY BE DECREED TO BE vo1D.——Any of such ;gg;§gg(§t({¤gg",gj§,¤ marriages may also be declared to have been null and void by judicial ° decree. Sec. 1285. WHEN vom Enom DATE or DEonEE.—The following da‘,;¤,§¤d€;g;g fwm marria es in said District shall be illegal, and shall be void from the ` timelwien their nullity shall be declared by decree, namely: First. The marriage of an idiot or of a person adjudged to be a lunatic. 8 Second. Any marriage the consent to which of either party has been procured by force or fraud. · Third. Any marriage either of the parties to which shall be incapable, from physical causes, of entering into the married state.