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L. of 1895, Chap. 823.—An act to regulate barbering on Sunday. Section 1. Any person who carries on or engages in the business of shaving, hair cutting or other work of a barber on the first day of the week, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five dollars; and upon a second conviction for a like offense shall be fined not less than ten dollars and not more than twenty-five dollars, or be imprisoned in the county jail for a period of not less than ten days, nor more than twenty-five days, or be punishable by both such fine and imprisonment at the discretion of the court or magistrate; provided, that in the city of New York, and the village of Saratoga Springs, barber shops or other places where a barber is engaged in shaving, hair cutting or other work of a barber, may be kept open, and the work of a barber may be performed therein until one o'clock of the afternoon of the first day of the week.

§ 2. This act shall take effect on the first day of June, eighteen hundred and ninety-five.

DISTURBING RELIGIOUS MEETINGS.

L. of 1893, Chap. 292.- An act to amend section two hundred and seventy-five of the penal code, relating to the disturbing of religious meetings.

Section 1. Section two hundred and seventy-five of the penal code of the state of New York is hereby amended so as to read as follows:

§ 275. The following acts, or any of them, except as permitted by chapter four hundred and seventy-nine of the laws of eighteen hundred and eighty-seven or the acts amendatory thereof, constitute a disturbance of a religious meeting.

1. Uttering any profane discourse, committing any rude or indecent act, or making any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting.

2. Engaging in, or promoting, within two miles of the place where a religious meeting is held, any racing of animals or gambling of any description; or elsewhere than in a city or village keeping open any huckster shop, inn, store or grocery, in any other place than that in which such business shall have usually been carried on; or elsewhere than in a city exhibiting within the distance aforesaid any shows or plays, unless the same shall have been duly licensed by the proper authorities.

3. Obstructing in any manner without authority of law, within the like distance, free passage along a highway to the place of such meeting.

§ 2. This act shall take effect July first, eighteen hundred and ninety-three.

MARRIAGE AND SEPARATION.

The Revised Statutes of the State of New York relating to Marriage.

PART II- CHAPTER VIII.-TITLE I.-OF HUSBAND AND WIFE.

A&ICLE FIRST.

Of Marriage, and of the Solemnization and Proof thereof. Section 1. Marriage, so far as its validity in law is concerned, shall continue in this State a civil contract, to which the consent of parties capable in law of contracting shall be essential.

§ 2. The age of legal consent for contracting marriage shall be eighteen years in the case of males, and sixteen years in the case of females. (Ch. 24, Laws of 1887, p. 25.)

§ 3. Marriages between parents and children, including grandparents and grandchildren of every degree, ascending and descending, and between brothers and sisters of the half as well as of the whole blood, and between uncles and nieces or aunts and nephews, are declared to be incestuous and absolutely void. This section shall apply to illegitimate as well as the legitimate children and relatives.

§ 4. When either of the parties to a marriage shall be incapable for want of age or understanding of consenting to a marriage, or shall be incapable from physical causes of entering into the marriage state, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

§ 5. No second or other subsequent marriage shall be contracted by any person during the life-time of any former husband or wife of such person, unless:

1. The marriage with such former husband or wife shall have been annulled or dissolved for some cause other than the adultery of such person; or,

2. Unless such former husband or wife shall have been finally sentenced to imprisonment for life.

Every marriage contract in violation of the provisions of this.

section shall, except in the case provided for in the next section, be absolutely void.

§ 6. If any person whose husband or wife shall have absented himself or herself for the space of five successive years, without being known to such person to be living during that time, shall marry during the life-time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority.

§ 7. No pardon granted since the twelfth day or April, one thousand eight hundred and twenty-two, and no pardon hereafter granted to any person who has been or shall be sentenced to imprisonment for life in this State, shall be deemed to restore such person to the rights of any previous marriage, or to the guardianship of any children the issue of such marriage.

§ 8. For the purpose of being registered and authenticated according to the provisions of this title, marriages shall be solemnized only by the following persons:

1. Ministers of the gospel or of legally incorporated religious congregations, the leader of Society for Ethical Culture in the city of New York, and priests of every denomination.

2. Mayors, recorders and aldermen of cities.

3. Judges of the county courts and justices of the peace, justices of the district courts, and in the cities of New York and Brooklyn, police justices.

4. Justices and judges of courts of record. [Thus amended by L. 1888, ch. 78, superseding L. 1877, ch. 430, and L. 1887, ch. 77.]

$9. When solemnized by a minister or priest, the ceremony of marriage shall be according to the forms and customs of the church or society to which he belongs. When solemnized by a magistrate, no particular form shall be required, except that the parties shall solemnly declare, in the presence of the magistrate and the attending witness or witnesses, that they take each other as husband and wife. In every case there shall be at least one witness besides the minister or magistrate present at the ceremony.

§ 10. It shall be the duty of every minister, priest, or magistrate required to solemnize a marriage, to ascertain:

1. The Christian and surname of the parties; their respective places of residence; and that they are of sufficient age to be capable in law of contracting marriage;

2. The names and places of residence of two of the attesting

witnesses, if more than one be present; and if not, the name and place of residence of such witness.

He shall enter the facts so ascertained, and the day on which such marriage is solemnized, in a book to be kept by him for that purpose.

The original entry by the celebrant is evidence of the mar riage.

§ 11. If either of the parties between whom the marriage is to be solemnized shall not be personally known to him, the minister or magistrate shall ascertain from the respective parties their right to contract marriage, and, for that purpose, he may examine the parties, or either of them, or any other person, under oath, which he is hereby authorized to administer, which exandnation shall be reduced to writing and subscribed by the parties, and either of the respective parties making a false statement under this oath shall be deemed guilty of wilful and corrupt perjury, and shall be liable therefor.

§ 12. Every minister or magistrate who shall solemnize a marriage where either of the parties within his knowledge shall be under the age of legal consent, or an idiot or lunatic, or to which within his knowledge any legal impediment exists, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried.

§ 13. Whenever a marriage shall have been solemnized with`n this State pursuant to this title, the minister or magistrate by whom the marriage was solemnized shall furnish, on request, to either party, a certificate thereof specifying:

1. The names and places of residence of the parties married, and that they were known to such minister or magistrate, or were satisfactorily proved, by the oath of the parties themselves or a person known to him, that they were the persons described in such certificate, and that they were of sufficient age to contract marriage;

2. The name and place of residence of the attesting witness or witnesses; and,

3. The time and place of such marriage.

The certificate shall also state that after due inquiry made, there appeared no lawful impediment to such marriage; and it shall be signed by the person making it.

$ 14. Every such certificate signed by a magistrate, if preserted to the clerk of the city or town where the marriage was

solemnized, or to the clerk of the city or town where either of the parties reside, within six months after such marriage, shall be filed by such clerk, and shall be entered in a book to be provided by him, in the alphabetical order of the names of both the parties, and in the order of time in which such certificate shall be filed.

§ 15. Every such certificate signed by a minister may also be filed and recorded in like manner, if there be endorsed thereon or annexed thereto a certificate of any magistrate residing in the same county with such clerk, setting forth that the minister by whom such certificate is signed is personally known to such magistrate, and has acknowledged the execution of the certificate in his presence; or that the execution of such certificate, by a minister or priest of some religious denomination, was proved to such magistrate, by the oath of the person known to him, and who saw the certificate executed.

16. The entry of every such certificate shall specify:

1. The names and places of residence of the persons married; 2. The time and place of marriage;

3. The name and official station of the person signing the certificate; and,

4. The time when the certificate was filed.

$ 17. Every such original certificate, the original entry thereof made as above directed, and a copy of such certificate, or of such entry duly certified, shall be received in all courts and places as presumptive evidence of the fact of such marriage.

§ 18. There shall be allowed to every clerk of a city or town, for filing and entering a certificate of marriage, twenty-five cents; and ten cents for a copy of such certificate, or of the entry thereof.

$ 19. The provisions of this article, relative to the solemnization and proof of marriages, shall not apply to the people called Quakers, whose marriages may continue to be solemnized in the manner and agreeably to the regulations of their societies. Nor shall the provisions of this article be construed to require the parties to any marriage, or any minister or magistrate to sol emnize the same in the manner herein prescribed; but all lawful marriages contracted in the manner heretofore in use in this state, shall be as valid as if this article had not been passed. [Thus amended by L. 1887, ch. 77.]

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