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or any Deputy of such, or Justice of the Peace, who shall knowingly or wilfully act in violation of the provisions of this Act, 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.
Form of license
Section 5. A marriage license under this Act shall be in the following form:
State of Delaware, ss.
To any minister of the gospel or other person authorized by the laws of the State of Delaware to solemnize marriage. You are hereby authorized to join in the holy bonds of matrimony, according to the laws of the State of Delaware:
----------- of ---------------- and -------------of -----------------Witness ----- -- Esquire, Governor, of the said State, at Dover, the --- ---- day of ---------19.By the Governor.
Secretary of State. On the back of each license, shall be the following: This license issued at ----
----- in the County of ---------- this -------- day of --A. D. 19.---, at ------ o'clock M.
---- of the Peace. There shall be attached to said license two certificates in the following form:
I hereby certify that on this ---------- -- day of ----- A. D., 19--, at ------- -- in the County of --------- at the hour of ---------- o'clock M.
----- of ---- ------- and -
-- were, by me united in the holy bonds of
matrimony in accordance with the laws of the State of Delaware.
Clerks of the
Justices of the
One of said certificates shall be given to the parties at Duties of the time of their marriage and the other shall within peace and four days be returned to the Clerk of the Peace of the peace County in which the license was issued by the person officiating at said marriage and the said Clerk of the Peace shall thereupon enter in the Marriage Record Book the date of said marriage and the name of the per- Marriage son performing said ceremony and the said Marriage Record Book so kept shall be a public record, and shall be open for inspection to the public, and shall be admitted as evidence of the facts therein contained in any court of record. The Clerk of the Peace of New Castle County, shall, within the first three days of each month, prepare and send to the Registrar of Vital Statistics of Register of the City of Wilmington, a list of the marriages perform- in Wilmington ed in the said City of Wilmington, during the preceding month, with the entries concerning each marriage as they appear in the said Marriage Record Book. Where a marriage is contracted according to the forms and Change in usuages of any religious society, the wording of the cer- certificate pertificates may be altered, in accordance with the facts of certain the case and the forms and usuages of such religious society. If any person officiating at said marriage shall fail to return to the office of the Clerk of the Peace the Penalty for certificate within four days as hereinbefore provided, turn certificate he shall be deemed guilty of a misdemeanor and shall be fined twenty-five dollars.
failure to re
Section 6. Any marriage license issued shall be imme- Further determine diately noted by the person issuing the same in a book Peac called the Marriage License Book, to be kept by him in his office, the said book to contain the names and address
es of the parties to whom the license has been issued, the ages of the said parties, and the time when the said license was issued. The said Marriage License Book so kept shall be a public record and open for inspection to the public.
Before any marriage license shall be issued by any person authorized to issue the same, as herein provided, in the case where both of the contracting parties are nonresidents of this State, he shall examine both parties in person upon oath, and shall inquire the full names of the parties desiring the license, their places of residence, the names of their parents and the parents' residences, their occupation, age, color, whether previously married, and their relationship, if any, the answers to which inquiries shall be set down in the Marriage Record Book and the parties applying for the said license shall subscribe their names thereto, and the said license shall be issued only after it has thus been made to appear that no legal impediment to be* proposed marriage exists.
Examination of and ques
when one or both are residents
In the case where one or both of the contracting partions asked ties are residents of this State, the procedure shall be
the same as in the case where both are non-residents, except that the application in person, the answers and the signature on the Marriage Record Book of one of the contracting parties shall be sufficient, and such answers need not be made under oath; provided that the person issuing the license may require the applicant to answer his inquiries on oath or affirmation, if in his judgment, such oath or affirmation is necessary to satisfy himself
of the legality of the proposed marriage. If neither of Identification the parties be personally known to the person issuing
the license as a resident of the State, at least one of them
must be identified as such, to his satisfaction. In every and signature case, the person issuing the license shall mark on the
back of the license, in the blanks for that purpose, the
*the (printed as in original bill).
Time of issue and signature on back of license
place and precise time of issue, and shall sign his name below.
Section 7. If any male applicant for a license to marry Minors shall be a minor under the age of twenty-one years, or any such female applicant under the age of eighteen years, such license shall not be issued unless the parents or guardian of said minor, if there be any, shall first certify under their hands and seals in the presence of two reputable witnesses, their consent thereto, which consent shall be delivered to the person issuing the license.
Section 8. If any person applying for a license under Perjury this Act, shall knowingly make false answer to any of the inquiries of the person issuing the license applied to for a license, after having been sworn or affirmed to answer truly, he or she shall be deemed guilty of perjury and shall upon conviction thereof, be subject to the penalties imposed therefor by the laws of this State. Every person authorized by this Act to issue marriage licenses, is hereby empowered to administer oaths or affirmations to the parties applying for the license.
Section 9. If any person or persons, or any religious per society, institution or organization, having authority to performing a solemnize marriages, shall perform any marriage cere-expiration of mony between parties without the presentation of a lic-ber of hours ense therefor, obtained in accordance with the provisions of license of this Act, or shall perform the same prior to the expiration of ninety-six (96) hours from the time of the issuance of the license, when both parties are non-residents of the State, or prior to the expiration of twenty-four (24) hours from the time of the issuance of the license when one or both parties are residents of the State, he or they shall be deemed guilty of a misdemeanor, and shall, upon conviction, be sentenced to imprisonment for a term not exceeding six months, or to a fine not exceed.
ing five hundred dollars, or both, at the discretion of the Court. Any person, religious society, institution or organization authorized to perform the ceremony of marriage, who shall make any false certificate of marriage, shall be deemed guilty of a misdemeanor and shall be fined one hundred dollars. Nothing in this Act contained shall be deemed or taken to render any common law or other marriage, otherwise lawful, invalid by reason of the failure to take out a license as is herein provided.
Section 10. All marriages heretofore performed by a minister of any religion, other than a stated and ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been performed by a stated and ordained minister of the gospel.
Section 11. In the event that any section of this Act, or part thereof, shall be held to be invalid by a court of competent jurisdiction, such adjudication shall not affect the other portions of this Act.
In effect May 1, 1913
Section 12. All Acts and parts of Acts inconsistent herewith are hereby repealed, and this Act shall take effect May first, 1913.