ART. 1. TITLE CHAPTER VIII. OF THE DOMESTIC RELATIONS. 1.-OF HUSBAND AND WIFE. [Supplementary Title. TITLE 14-Married women's rights and liabilities.] TITLE II.-OF PARENTS AND CHILDREN. [Supplementary Titles. TITLE 24.-Adoption. TITLE 2.-Registry of births, marriages and deaths.] TITLE III.-OF GUARDIANS AND WARDS. TITLE IV.-OF MASTERS, APPRENTICES AND SERVANTS. TITLE I. Of Husband and Wife. ART. 1.-Of marriage, and of the solemnization and proof thereof. ART. 2.-Of divorces, on the ground of the nullity of the marriage contract. [Repealed.] ART. 3.-Of divorces, dissolving the marriage contract. ART. 4.-Of separations, or limited divorces. [Repealed.] ART. 5.-General provisions, applicable to the two last articles. [Repealed.] ARTICLE FIRST. OF MARRIAGE, AND OF THE SOLEMNIZATION AND PROOF THEREOF. SEC. 1. Marriage a civil contract; consent essential to its validity. 2. [Repealed.] 2. (New section.) Age of consent fixed. 3. Certain marriages between relations, incestuous and void. 4. At what time marriages without consent, etc., to be deemed void. 5. Polygamy forbidden. 6. Marriages contracted during absence of wife, etc., from what time void. 7. Pardons not to restore to conjugal rights, or to guardianship. 8. By whom marriages to be solemnized, in order to be registered. 9. Form of marriage; witnesses necessary. 10. Facts to be ascertained by minister, etc.; book to be kept. 11. Identity of parties about to be married, to be ascertained. 12. Penalty on ministers, etc., solemnizing marriages in certain cases. 13. Certificate of marriage to be given; its contents. 14. Certificate when and where to be filed and entered. 15. When certificate of ministers may be filed and entered. 16. 'Contents of the entry of every certificate. 17. Effect of certificate, entry and copies thereof, as evidence. 18. Fees of clerk of town or city. 19. This article not to apply to Quakers. its requi. SECTION 1. Marriage, so far as its validity in law is concerned, Marriage, shall continue in this state a civil contract, to which the consent of parties, capable in law of contracting, shall be essential. 4 N. Y., 230; 8 Paige, 574; 7 Wend., 47; 20 Johns. R., 1; 18 Johns. R., 346; 4 Johns. R., 52. [Section 2 was repealed by L. 1830, ch. 320.] sites. TITLE 1. § 2. The age of legal consent for contracting marriage shall be Age of con- eighteen years in the case of males and sixteen years in the case of females. [This new § 2 inserted by L. 1887, ch. 24.] sent fixed. [139] Certain marriages 4 Johns. § 3. Marriages between parents and children, including grandincestuous. parents and grand-children of every degree, ascending and descendCh. R., 343; ing, and between brothers and sisters of the half, as well as of the C., 363; id., whole, blood, are declared to be incestuous and absolutely void. This section shall extend to illegitimate, as well as legitimate children and relatives. 8 Abb. N. 444. Certain marriages void after their nulli ty declared. 17 Abb. N. C., 266; 4 Polygamy forbidden. § 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. 18 Johns. R., 346; 20 id., 1; 7 Wend., 47; 2 Bradf., 424; 1 id., 409; Hopk., 495; 4 Johns. R, 52; 4 id., 28, 343; 15 Abb., N. S., 19; 2 Sweeney, 319; 8 Paige, 594; 4 N. Y., 230; 3 Bradf., 433, 509. § 5. No second, or other subsequent marriage, shall be contracted 15 Abb., N. by any person, during the life-time of any former husband or wife Hun, 242; 4 of such person, unless, S., 317; 2 T. & C., 449; 11 N. Y., 230; 30 Barb., 55; 5 Barb., 121; 34 N. Y., 644; 44 Barb., 198; 26 Barb.,63; 5 Redf., Y., 602; 92 N. Y., 147; 101 N. Y., 40; 86 N. Y., 18. Marriages during a wife. 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 contracted in violation of the provisions of this section, shall, except in the case provided for in the next section, be absolutely void. [1 R. L., 118; 1 R. L., 411, § 17; 2 R. L., 198, § 1.] § 6. If any person whose husband or wife shall have absented himself or herself, for the space of five successive years, without being husband or 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. Conjugal rights, &c., not restored by pardon. Who to solemnize certain marriages. 47 How. Pr. R., 94; 8 Paige, 609; 1 Abb. Ct. App. Dec., 222; 16 Abb., N. S., 112; 7 Daly, 460; 30 Barb., 55; 6 Paige, 209; 1 Johns. Ch. R, 389. 488; 24 How. Pr. R., 213; Dem., 329; 28 N. Y., 336; 32 Hun, 280; 33 Hun, 78; 101 N. Y., 40; 29 Hun, 551. § 7. No pardon granted since the twelfth day of 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. [L. 1882, 203.] § 8. For the purpose of being registered and authenticated according to the provisions of this title, marriages shall be solemnized 17 Abb. N. only by the following persons: C., 466. 1. Ministers of the gospel or of legally incorporated religious congregations, the leader of the 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, and 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.] ART. 1. marriage. necessary. § 9. When solemnized by a minister or priest, the ceremony of Form of marriage shall be according to the forms and customs of the church [140] or society to which he belongs. When solemnized by a magistrate, no Witnesses particular form shall be required, except that the parties shall sol- 2 Sweeny, emnly declare, in the presence of the magistrate and the attending $19; 7 Daly, 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. 308; 7 Abb. N., 983 24 Hun. 95. § 10. It shall be the duty of every minister, priest, or magistrate, Facts to be required to solemnize a marriage, to ascertain, ascertained by minister, &c. 397. i. The Christian and surnames of the parties; their respective 25 N. Y., 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: his book. He shall enter the facts so ascertained, and the day on which such Entry in marriage is solemnized, in a book to be kept by him for that purpose. [This section thus amended by L. 1830, ch. 320, § 25.] minister or ties are not known to § II. If either of the parties, between whom the marriage is to be Duty of solemnized, shall not be personally known to him, the minister or magistrate magistrate shall ascertain from the respective parties their right to where par contract marriage, and, for that purpose, he may examine the parties, personally or either of them, or any other person under oath, which he is hereby him. authorized to administer, which examination 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. [Thus amended by L. 1873, ch. 25.] certain § 12. Every minister or magistrate who shall solemnize a mar- Penalty for riage, where either of the parties, within his knowledge, shall be under izing mar the age of legal consent, or an idiot or lunatic; or to which, within riages, in his knowledge, any legal impediment exists, shall be deemed guilty cases. of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. of riage. § 13. Whenever a marriage shall have been solemnized within this Certificate state pursuant to this title, the minister or magistrate by whom the mar 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, TITLE 1. Where and 22 W. D., 508. When certificate of minister may be filed, &c. Contents of entry of certificate. 22 W. D., 508. Certificate, entry, &c., evidence. 20 W. D., 438. Clerk's fees. Quakers 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. [This section thus amended by L. 1873, ch. 25.] § 14. Every such certificate signed by a magistrate, if presented 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 a 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. [This section thus amended by L. 1830, ch. 320.] § 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 solemnize 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.] ART. 5. ARTICLE SECOND. OF DIVORCES, ON THE GROUND OF THE NULLITY OF THE MARRIAGE CONTRACT. [This entire article was repealed by L. 1880, ch. 245.] [142, 143] ARTICLE THIRD. OF DIVORCES, DISSOLVING THE MARRIAGE CONTRACT. [144, 146) SEC. 38-48. [Repealed.] 49. After divorce for adultery, complainant may marry; but not defendant unless, etc. [Sections 38 to 48 were repealed by L. 1880, ch. 245.] after di adultery. § 49. Whenever a marriage has been or shall be dissolved, pur- Marriages suant to the provisions of this article, the complainant may marry vorce for again during the lifetime of the defendant; but no defendant convicted of adultery shall marry again until the death of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall only be made upon satisfactory proof that the complainant has remarried, that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of said marriage has been uniformly good. [Thus amended by L. 1879, ch. 321. See, also, Code Civ. Proc., § 1761, covering in part the same ground.] 5 Barb., 117; 11 N. Y., 228; 34 N. Y., 643; 42 N. Y., 546; 2 Hun, 241, 4 T. & C., 451; 8 |