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OF CITIES AND TOWNS.

sioners of the said town shall give notice of the vote to Notice be taken on the provisions of this act in the notice to be given for holding such general election under the provisions of Section 4, of said Chapter 212, Volume 25, Laws of Delaware.

If a majority of the voters at the said general election shall vote in favor of the provisions of this act, the same shall immediately, on the ascertaining of the result of such vote, become operative and of full force and effect.

Approved March 20, A. D. 1913.

OF CITIES AND TOWNS.

Sec. 2, Chap. 438, Vol. 22 amended

CHAPTER 260.

OF CITIES AND TOWNS.

AN ACT to Amend Chapter 438, Volume 22, Laws of Delaware, entitled, "An Act to Incorporate the Town of Frankford,” and the renewals and amendments thereto.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of all the members elected to each House concurring therein):

Section 1. That Chapter 438, Volume 22, Laws of Delaware, being entitled "An Act to Incorporate the Town of Frankford," be, and the same is, hereby amended by striking out all between the word "vote" in the twentyninth line of Section 2 and the word "and" in the thirtyfifth line of said Section, and inserting in lieu thereof, the following:-"That at such election each person entitled to vote shall be entitled to vote but one vote."

Approved April 7, A. D. 1913.

TITLE ELEVENTH.

Of the Domestic Relations.

CHAPTER 261.

OF MARRIAGE.

AN ACT Concerning Marriages and Marriage Licenses.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

degrees

Section 1. A man shall not marry his mother, grand- Prohibited mother, sister, daughter, grand-daughter, father's sister, mother's sister, brother's daughter or sister's daughter. A woman shall not marry her father, grandfather, brother, son, grandson, father's brother, mother's brother, brother's son or sister's son. Marriage Races between a white person and a negro or mulatto, between paupers or between a person of sound mind and an insane or idiotic person shall be unlawful. If a marriage Insane person prohibited by this section be solemnized, it shall be void and the parties thereto shall each be deemed guilty of a Penalties misdemeanor and shall be fined one hundred dollars, and in default of the payment of such fine shall be imprisoned not exceeding thirty days, and if any person authorized to issue a marriage license shall knowingly or wilfully issue a license for such marriage, and if any person authorized to solemnize marriage shall knowingly or wilfully solemnize such marriage, or if any person

OF MARRIAGE.

shall knowingly or wilfully assist in the contracting or solemnizing of such marriage, he shall be deemed guilty of a misdemeanor and shall be fined one hundred dollars and in default of the payment of such fine, shall be imprisoned not exceeding thirty days. If a marriage proSuch marriage hibited by this section shall be contracted or solemnized side the State outside of the State and the parties thereto shall afterwards live and cohabit as husband and wife within the State, they shall each be deemed guilty of a misdemeanor and shall be punished in the same manner as though the marriage had been contracted within this State.

contracted out

Marriages;

how solemnized

Section 2. Any ordained minister of the gospel and every minister in charge of a recognized church, and the Mayor of the City of Wilmington are hereby authorized to solemnize marriages between such persons as may lawfully enter into the matrimonial relation. Marriages may also be solemnized or contracted according to the forms and usages of any religious society where either of the parties belongs to such religious society, but no marriage shall be solemnized or contracted without the production of a license regularly issued as hereinafter provided authorizing such marriage. If any person, not Falsely solem authorized by this section, shall falsely solemnize a mar

nizing a

marriage

Penalty

Licenses to non-residents

riage, he shall be deemed guilty of a misdemeanor and shall be fined one hundred dollars, and in default of the payment of such fine shall be imprisoned not exceeding thirty days, and such marriage shall be void unless it be in other respects lawful and be consummated with the full belief of either of the parties in its validity.

Section 3. From and after the passage of this Act, it shall be necessary for persons intending to be married within this State, if both are non-residents of the State, to first obtain a marriage license at least ninety-six (96) hours prior to the time the ceremony is to be performed, both are resi- and if one or both of the parties be residents of this

When one or

dents of Del.

OF MARRIAGE.

State, to first obtain the said license at least twenty-four (24) hours prior to the time the ceremony is to be performed and deliver the same to the person who is to of ficiate, before the proposed marriage can be lawfully Delivery of performed; provided that if the marriage is to be per- son officiating formed by or before any religious society, institution

or organization, the license shall be delivered to the said religious society, institution or organization or any officer thereof.

license to per

Peace to obtain

Secretary of

Peace to obfrom Clerk of

Peace prohib

ing to non

Section 4. From and after the passage of this Act, all Clerks of the marriage licenses shall be furnished to the Clerks of the licenses from Peace of the several Counties of this State by the Secre- State tary of State upon the receipt of the sum of Two Dollars for each license so furnished. That Justices of the Peace shall have the privilege to procure from the Clerk Justices of the of the Peace in the County in which said Justice of the tain licenses Peace is resident, marriage licenses at a cost of Two the Peace Dollars and Fifty Cents each and the said Justices of the Peace shall sell the same for not more than Three Dollars each; provided, however, that no Justice of the Peace in the State of Delaware shall sell a marriage Justices of the license to applicants when both parties to the proposed ited from sellmarriage are non-residents of the State of Delaware, residents but said non-residents shall make application to the Clerks of the Peace of the several Counties of this State, or to the deputies of such Clerks of the Peace, regularly appointed and qualified. No marriage license shall be Non-residents issued by a Clerk of the Peace of the several Counties of Clerks of the this State, or by a Justice of the Peace when either of the contracting parties, at the time of making the application, is under the influence of intoxicating liquor, or a intoxicated narcotic drug, or is an imbecile, epileptic or of unsound person mind, nor shall any such license be issued to any person who is or has been an inmate of any insane asylum, un- Insane person less it appears that such person has been satisfactorily discharged from such asylum. Any Clerk of the Peace,

to apply to

Peace

No license to

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