Minors capable of contracting marriage.

§ 56. An unmarried male of the age of eighteen years or upwards, and any unmarried female of the age of fifteen years or upwards, and not otherwise disqualified, are capable of consenting to and consummating marriage. Marriage, how manifested and proved.

§ 57. Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases. [Amended March 26, 1895.]

§ 58. Repealed.

Incompetency of parties to.

§ 59. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

Marriages illegal.

§ 60. All marriages of white persons with negroes, Mongolians, or mulattoes are illegal and void. [Enacted March 21, 1905.]

Subsequent marriage.

§ 61. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning, unless :

1. The former marriage has been annulled or dissolved. In no case can a marriage of either of the parties during the life of the other, be valid in this state, if contracted within one year after the entry of an interlocutory decree in a proceeding for divorce.

2. Unless such former husband or wife is [1] absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or [2] is generally reputed or believed by such person to be dead at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudgd by a competent tribunal. [Amended March 16, 1903.] Release from marriage contract.

§ 62. Neither party to a contract to marry is bound by a promise made in ignorance of the other's want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other, unless both parties participate therein. [Amended March 30, 1874.]

Marriages contracted without the state.

§ 63. All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, are valid in this state.

AUTHENTICATION OF MARRIAGE.

Procedure required.

§ 68. Marriage must be licensed, solemnized, authenticated, and recorded as provided in this article; but non-compliance with its provisions by others than a party to a marriage does not invalidate it. [Amended March 21, 1905.]

Marriage licenses..

§ 69. All persons about to be joined in marriage must first obtain a license therefor, from the county clerk of the county in which the marriage is to be celebrated, which license must show :

1. The identity of the parties.

2. Their real and full names, and places of residence.

3. Their ages; and

4. Whether white, Mongolian, negro or mulatto.

No license must be granted when either of the parties, applicants therefor, is an imbecile, or insane, or who at the time of making the application, or proofs herein required, for said license, is under the influence of any intoxicating liquor or narcotic drug; no license must be issued authorizing the marriage of a white person with a negro, mulatto, or Mongolian: If the male is under the age of twenty-one years, or the female is under the age of eighteen years, and such person has not been previously married, no license must be issued by the county clerk unless the consent in writing of the parents of the person under age, or one of such parents, or of his or her guardian, is presented to him, duly verified by such parents, or parent, or guardian; and such consent must be filed by the clerk, and he must state such facts in the license. For the purpose of ascertaining all the facts mentioned or required in this section, the clerk, at the time the license is applied for, may, if he deems it necessary in order to satisfy himself as to matters in this section enumerated, examine the male applicant for a license on oath, which examination shall be reduced to writing by the clerk, and subscribed by him. [Amended March 15, 1907.] Certificate of registry of marriage.

§ 69a. All persons about to be joined in marriage must obtain from the county clerk of the county in which the marriage is to be celebrated, in addition to the license therefor provided for in section sixty-nine of the Civil Code, a certificate of registry as provided in section three thousand and seventy-six of the Political Code which shall contain among other matters as near as can be ascertained, the race, color, age, name and surname, birthplace, residence of the parties to be married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplaces of the parents of each, and the maiden name of the mother of each, which said certificate of registry shall be filled out as herein provided in the presence of the county clerk issuing the marriage license and shall then be presented to the person performing the ceremony and shall be filed by him with the county recorder within three days after the ceremony. [Enacted April 26, 1909.]

By whom may be solemnized.

$ 70. Marriage may be solemnized by either a justice of the supreme court, justice of the district courts of appeal, judge of the superior court, justice of the peace, judge of any police court, city recorder, priest or minister of the gospel of any denomination. [Amended March 1, 1907.] No particular form of solemnization.

§ 71. No particular form for the ceremony of marriage is required, but the parties must declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.

Requirements by persons solemnizing marriage.

$ 72. The person solemnizing a marriage must first require the presentation of the marriage license; and if he has any reason to doubt the correctness of its statement of facts, he must first satisfy himself of its correctness, and for that purpose he may administer oaths and examine the parties and witnesses in like manner as the county clerk does before issuing the license. [Amended March 30, 1874.]

Certificate of marriage.

$73. The person solemnizing a marriage must make, sign and indorse upon, or attach to, the license, a certificate showing:

1. The fact, time and place of solemnization; and

2. The names and places of residence of one or more witnesses to the ceremony. [Amended March 30, 1874.]

Certificate to parties and recorder.

8 74. He must, at the request of, and for either party, make a certified copy of the license and certificate, and file the originals with the county recorder within thirty days after the marriage.

§ 75. Repealed.

Declaration where there is no record.

§ 76. If no record of the solemnization of a marriage heretofore contracted, be known to exist, the parties may join in a written declaration of such marriage, substantially showing:

1. The names, ages, and residences of the parties.

2. The fact of marriage.

3. That no record of such marriage is known to exist. Such declaration must be subscribed by the parties and attested by at least three witnesses. [Amended March 30, 1874.]

To be acknowledged and recorded.

877. Declarations of marriage must be acknowledged and recorded in like manner as grants of real property.

Testing validity of marriage.

$ 78. If either party to any marriage denies the same, or refuses to join in a declaration thereof, the other may proceed, by action in the superior court, to have the validity of the marriage determined and declared. [Amended February 15, 1883.]

Marriage without license.

$ 79. When unmarried persons, not minors, have been living together as man and wife, they may, without a license, be married by any clergyman. A certificate of such marriage must, by the clergyman, be made and delivered to the parties, and recorded upon the records of the church of which the clergyman is a representative. No other record need be made. [Enacted February 3, 1878.]

Recording declaration of marriage.

879a. The provisions of this chapter, so far as they relate to the solemnizing of marriages, are not applicable to members of any particular religious denomination having, as such, any peculiar mode of entering the marriage relation; but such marriages must be declared, as provided in section seventy-six, and be acknowledged and recorded, as provided in section seventy-seven. When a marriage is declared as provided in said section seventy-six, the husband must file said declaration with the county recorder within thirty days after such marriage, and upon receiving the same the county recorder must record the same; and if the husband fails to make such declaration and file the same for record, as herein provided, he is liable to the same penalties as any person authorized to solemnize marriages, who fails to make the return of such solemnization as provided by law. [Amended March 21, 1905.]

Action to have marriage declared void.

§ 80. Either party to an incestuous or void marriage may proceed by action in the superior court, to have the same so declared. [Amended April 6, 1880.]

DIVORCE.

Causes for annulling marriages.

§ 82. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

1. That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her parents or guardian, or person having charge of him or her; unless, after attaining the age of consent, such party for any time freely cohabited with the other as husband or wife. 2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.

3. That either party was of unsound mind, unless such party, after coming to reason, freely cohabit with the other as husband or wife.

4. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.

5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife.

6. That either party was, at the time of marriage, physically incapable of entering into the marriage state, and such incapacity continues, and appears to be incurable. [Amended March 30, 1874.]

Actions therefor, when commenced.

§ 83. An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties, as follows:

1. For causes mentioned in subdivision one: by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent; or by a parent, guardian, or other person having charge of such nonaged male or female, at any time before such married minor has arrived at the age of legal consent.

2. For causes mentioned in subdivision two: by either party during the life of the other, or by such former husband or wife.

3. For causes mentioned in subdivision three: by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party.

4. For causes mentioned in subdivision four: by the party injured. within four years after the discovery of the facts constituting the fraud. 5. For causes mentioned in subdivision five: by the injured party, within four years after the marriage.

6. For causes mentioned in subdivision six: by the injured party, within four years after the marriage. [Amended March 30, 1874.]

Children of annulled marriage.

$84. A judgment of nullity of marriage does not affect the legitimacy of children begotten before the judgment. [Amended March 21, 1905.] Custody of children.

§ 85. The court must award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party.

Effect of judgment of nullity.

§ 86. A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them. Marriage, how dissolved.

§ 90. Marriage is dissolved only:

1. By death of one of the parties; or,

2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. [Amended March 30, 1874.]

Effect of divorce.

§ 91. The effect of a judgment decreeing a divorce, is to restore the parties to the state of unmarried persons. [Amended March 30, 1874.] Causes for divorce.

§ 92. Divorces may be granted for any of the following causes:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion.