Page:United States Statutes at Large Volume 47 Part 1.djvu/1153

 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . (3) If either party thereto is, at the time of the marriage, incapa- ble, from physical cause, of entering into the marriage state (4) If, because of the age of either party thereto, a written consent Po81, P .1130. under section 46 was required, and the marriage was celebrated with- out such consent ; or (5) If, at the time of the marriage, the male is under seventeen or the female is under fourteen years of age. (b) A voidable marriage shall be held to be valid until it is V duntiljudicuauy annulled, by judicial decree, as of the date of such decree. (Acts Vol.44, pp. 928, 1023. Cong. Dec. 29, 1926, c. 19, † 9, 44 Stat. 927; Jan. 22, 1927, c. 52, 4s Stat. 1023 .) SEC. 41. ANNULMENT O F M ARRI AGE CELE BRAT ED E LSEW HERE .- (a) A CanalZone e outside of marriage celebrated outside of the Canal Zone may be declared void or may be a nnulled in the same manner and with the same effect as though it had been celebrated in the Canal Zone if the petitioner shall have resided in the Canal Zone within a period of thirty days before and a period of thirty days after the date of such marriage . (b) A suit to have any such marriage celebrated outside the Canal Ins titutio n of su it by Zone declared void or anulled may, in addition, be instituted by the Vol. Government . ol.44,p.928m district attorney for the Canal Zone in the name of the government of the Canal Zone. (Act Cong. Dec. 29, 1926, c. 19, † 10, 44 Stat. 928.) SEC. 42 . JURISDICTION OF ANNULMENT SUIT ; WHO MAY INSTITUTE Jurisdiction of suit. surr .-(a) The district court shall have jurisdiction of a suit to have a marriage declared void or annulled. (b) In the case of a male under twenty-one or a female under In case of minors. eighteen years of age such suit may be instituted through a next friend or by a parent or guardian. In' the case of an idiot or a lunatic such suit may be instituted through a next friend. (c) No suit to have a marriage annulled may be instituted by a a Knowledge of vi . person who, when fully capable of contracting marriage, entered into bar to annulment. such marriage willfully and with knowledge of the circumstances Vol. 44, p. 928& rendering such marriage voidable. ( Act Cong. Dec . 29, 1926, c . 19, † 11, 44 Stat . 928.) SEC. 43. LEGITIMACY OF CHILDREN OF ANNULLED MARRIAGES.-A ju dg- Le gitima cy of chit. ment of nullity of marriage does not affect the legitimacy of children riages. annulled mar. begotten before the judgment. CRos s RE FERE NCE S Divorce as affecting legitimacy of children, see section 99. Post, p.1137. Legitimate children, who are, see sections 136 and 138. Post, p .114'. Legitimacy of children of annulled marriage, see section 403. Post, P. 1179 . Presumption of legitimacy of children, see sections 136 and 137. Post, P .1141. Who may dispute legitimacy of child, see section 138. Post, p .1141. SEC. 44. CUSTODY OF CHILDREN OF ANNULLED MARRIAGES .-The court c ustody of. must. award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party. SEC. 45. EFFECT OF JUDGMENT of NULLITY .-A judgment of nullity o[n eel 'If Judgme nt of marriage rendered is conclusive only as against the parties to the action and those claiming under them. CRoss REPEm recE Effect of decree of divorce, see section 98. Post, p. 1137. 1129 SEC. 46. CAPABILITY OF MINORS TO CONTRACT MARRIAGE .- ( a ) Except Age restriction of minors as provided in subdivision (b ), a male under twenty-one years of age or a female under eighteen years of age may not enter into a marriage in the Canal Zone.