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dian of such infant; and in the case of an idiot or lunatic by next friend. But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and willfully [contraeted] contracted any marriage declared illegal by the foregoing sections.
Sec. 1287. MARRIAGE OUT OF DISTRICT.-If any marriage declared illegal by the aforegoing sections shall be entered into in another jurisdiction by persons having and retaining their domicile in the District of Columbia, such marriage shall be deemed illegal, and may be decreed to be void in said District in the same manner as if it had been celebrated therein.
Sec. 1288. BY WHOM MARRIAGE CEREMONY PERFORMED. For the purpose of preserving the evidence of marriages in the District, every minister of the gospel appointed or ordained according to the rites and ceremonies of his church, whether his residence be in the District or elsewhere in the United States or the Territories, may be authorized by any justice of the supreme court of the District of Columbia to celebrate marriages in the District. And marriages may be celebrated in the District by any justice of the peace or by any judge or justice of any court of record: Provided, however, That marriages of members of any church or religious society which does not by its custom require the intervention of a minister for the celebration of marriages may be solemnized in the manner prescribed and practiced in any such society, the license in such case to be issued to, and returns to be made by, a person appointed by such church or religious society for that purpose.-Act of April 23 1904. (33 Stat., Part I, p. 297.) Sec. 1289. UNAUTHORIZED MARRIAGE.-If any one except a minister or other person authorized by the foregoing section shall hereafter celebrate the rites of marriage in said District, he shall be subject to the penalty prescribed in the following section.
Sec. 1290. LICENSE. No person authorized hereby to celebrate the rites of marriage shall do so in any case without first having delivered to him a license therefor addressed to him, issued from the clerk's office of said supreme court, under a penalty of not more than five hundred dollars, in the discretion of the court, to be recovered upon information in the police court of the district.
Sec. 1291. DUTY OF CLERK.-It shall be the duty of the clerk of the supreme court before issuing any license. to solemnize a marriage to examine any applicant for said license under oath and to ascertain the names, ages, and color of the parties desiring to marry, and if they are under age the names of their parents or guardians, whether they were previously married, whether they are related or not, and if so, in what degree, which facts shall appear on the face of the application, of which the clerk shall provide a printed form, and any false swearing in regard to such matters shall be deemed perjury.
Sec. 1292. CONSENT OF PARENT OR GUARDIAN.-If any male person intending to marry and seeking a license therefor shall be under twenty-one years of age, or any female so intending shall be under eighteen years of age, and shall not have been previously married, the said clerk shall not issue such license unless the father of such person, or, if there be no father, the mother, or, if there be neither father nor mother, the guardian, if there be such, shall consent to such proposed marriage, either personally to the clerk, or by an instrument in writing attested by a witness and proved to the satisfaction of the clerk.
Sec. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be addressed to some particular minister, magistrate, or other person authorized by section twelve hundred and eighty-eight hereof to perform or witness the marriage ceremony and shall be in the following form:
authorized to celebrate (or witness) marriages in District of Columbia,
greeting: You are hereby authorized to celebrate (or witness) the rites of marriage between ..., of ......, and of ....... and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days under a penalty of fifty dollars for default therein. Witness my hand and seal of said court this.............. day of .
Said return shall be made in person or by mail on a coupon issued with said license and bearing a corresponding number therewith within ten days from the time of said marriage, and shall be in the following form:
Number I, who have been duly authorized to celebrate (or witness) the rites of marriage in the District of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized (or witnessed) the marriage of. and
......, named therein, on the ...... day of......, at ......, in said District.
A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given to the contracting parties by the minister other person to whom such license was addressed, and shall be in the following form:
I hereby certify that on this
were by (or before) me united in marriage in accordance with the license issued by the clerk of the supreme court of the District of Columbia.
Act approved April 23, 1904 (33 Stat. p. 297.)
[Sec. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be in the following form:
To any minister or other person authorized to celebrate marriages in the District of Columbia, greeting:]
[Sec. 1293. Form of license.-Licenses to perform the marriage ceremony shall be addressed to some particular minister or magistrate authorized by section twelve hundred and eighty-eight hereof to perform the marriage ceremony and shall be in the following form:
authorized to celebrate marriages in the District of Columbia, greeting: You are hereby authorized to celebrate the rites of marriage between... of ..., and of ....., and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days, under a penalty of fifty dollars for default therein. Witness my hand and seal of said court this ...... day of
anno Domini .................
Said return shall be made in person or by mail, on a coupon issued with said license and bearing a corresponding number therewith, within ten days from the time of said marriage, and shall be in the following form:
who have been duly authorized to celebrate the rites of
A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given by the minister or other person celebrating the marriage to the contracting parties, and shall be in the following form:
I hereby certify that on this
day of were by me united in marriage in accordance with the license issued by the clerk of the supreme court of the District of Columbia.
Sec. 1294. DUTY OF MINISTER OR OTHER PERSON CELEBRATING MARRIAGE.-Any minister or other person, having solemnized or witnessed1 the rites of marriage under the authority of a license issued as aforesaid, who shall fail to make return as therein required, shall be liable to a penalty of fifty dollars upon conviction of said failure upon information in the police court of said district.
Sec. 1295. RECORD.-The clerk of the said court shall provide a record book in his office, consisting of applications and licenses in blank, to be filled up by him with names and residences of the parties for whose marriage any license may have been issued, said applications and licenses to be numbered consecutively from one upward; and also a record book in which shall be recorded, in the order of their numbers, the certificates of the minister or other persons authorized, upon their return to said office, corresponding to said record book of licenses issued, and a copy of any license and certificate of marriage so kept and recorded, certified by the clerk under his hand and seal, shall be competent evidence of the marriage.
Sec. 1296. SLAVE MARRIAGES.—All colored persons in the District who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and were cohabiting together as such or in any way recognizing the relation as existing on the twenty-fifth day of July, eighteen hundred and
1 Act of April 23, 1904, ib.
3D.C.App., 69 24 D. C. App. 127
R. S. D. C., 724.
Ib.; 20 Stat., 282.
sixty-six, whether the rites of marriage have been celebrated between them or not, are deemed husband and wife, and are entitled to all the rights and privileges and subject to the duties and obligations of that relation in like manner as if they had been duly married according to law. All the children of such persons shall be deemed legitimate, whether born before or after the date mentioned. When such parties have ceased to cohabit before such date, in consequence of the death of the woman or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate.
Sec. 1297. COLORED PERSONS.-The issue of any marriage of colored persons contracted and entered into according to any custom prevailing at the time in any of the States wherein the same occurred shall, for all purposes of descent and inheritance and the transmission of both real and personal property within the District of Columbia, be deemed and held to be legitimate and capable of inheriting and transmitting inheritance, and taking as next of kin and distributes according to law, from and to their parents or either of them, and from and to those from whom such parents or either of them may inherit or transmit inheritance, anything in the laws of such State to the contrary notwithstanding: Provided, That nothing herein shall be construed as implying that any such marriage is not valid or such issue legitimate for all other purposes.
NAME, CHANGE OF.
Sec. 1298. PROCEEDING FOR CHANGE OF NAME.-Any person, being a resident of the District, desiring a change of name may file a petition in the supreme court holding an equity term setting forth the reasons therefor and also the name desired to be assumed. In case the applicant is an infant, such petition shall be filed by the parent, guardian, or next friend to said infant. The court shall have power, in its discretion, to grant the prayer of such petition.-Act of June 30, 1902 (32 Stat. Part I, p. 543).
[Sec. 1298. PROCEEDING FOR CHANGE OF NAME.-Any person of full age, being a resident of the District and desirous to have his name changed, may file a petition in the supreme court setting forth the reasons therefor and also the name desired to be assumed.]
Sec. 1299. NOTICE.-Notice of the filing of such petition, containing the substance and prayer thereof, shall be published once a week for three consecutive weeks in. some newspaper in general circulation published in the District prior to the hearing of the petition.
Sec. 1300. DECREE.-The court, or the justice holding R. S. D. C., 833. an equity term thereof, on proof of such notice and upon such showing as may be deemed satisfactory, may change the name of the applicant according to the prayer of the petition.