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SEC.

CHAPTER 88.
CHAP

MARRIAGE.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

7292a. License, written application.
7292b. Uniform applications, state board
of health.

7292c. To whom license refused.
7292d. Clerk's duty, hearing in circuit
court.

7292e. Marriage void, when.

SEC.

7292f. False statement, penalty.

7292g. Unauthorized marriage ceremony,

penalty.

7292h. Illegal license by clerk, penalty. 7298a. Marriage to escape bastardy action, abandonment.

[Acts 1905, p. 215. In force April 15, 1905.]

7292a. License-Written application.-1. That no license to marry shall be issued except upon written and verified application. Such application shall contain a statement of the full christian and surname, color, occupation, birthplace, residence and ages of the parties, whether the marriage contemplated is the first, second or other marriage, together with the full christian and surnames, residence, color, occupation and birthplace of their parents, including the maiden name of the mother, together with such other facts as may be necessary to determine whether any legal impediment to the proposed marriage exists. Such application shall be recorded by the clerk, together with the license and certificate of marriage in a book provided for that purpose, which book shall be a public record.

See section 7292, Burns' R. S. 1901, and notes.

7292b. Uniform applications-State board of health.-2. Applications for license to marry shall be uniform throughout the state and it is hereby made the duty of the state board of health to furnish a form therefor to the several clerks at once upon the approval of this act: Provided. That said state board of health may revise said forms so furnished from time to time as may be advisable.

7292c. To whom license refused.-3. No license to marry shall be issued where either of the contracting parties is an imbecile, epileptic, of unsound mind or under guardianship as a person of unsound mind, nor to any male person who is or has been within five years an inmate of any county asylum or home for indigent persons, unless it satisfactorily appears that the cause of such condition has been removed and

that such male applicant is able to support a family and likely to so continue, nor shall any license issue when either of the contracting parties is afflicted with a transmissible disease, or at the time of making application is under the influence of an intoxicating liquor or narcotic drug.

7292d. Clerk's duty-Hearing in circuit court.-4. In those cases when the right to a license is not made to appear the clerk shall refuse to issue the same. At once upon such refusal he shall certify the proceeding to the circuit court without formality or expense to the applicants, who shall be notified by him of such action. Such application shall thereupon be at the earliest practicable time heard by the circuit judge without a jury in court or in chambers during the term or in vacation as the case may be, and his finding that a license ought to issue or ought not to issue shall be final and the clerk shall act in accordance therewith, the true intent of this section being to secure for the applicants a hearing by said judge without affirmative action by said applicants, and to give notice to them of such hearing, its time and place, without delay or expense.

7292e. Marriage void, when.-5. If persons resident of this state with intent to evade the provisions of section 1 and section 3 go into another state and there have their marriage solemnized with the intention of afterward returning and residing in this state, and do so return and reside in this state, such marriage shall be void, and such parties, upon returning to this state, shall be subject to all the penalties provided for in this act: Provided, This section shall not apply to persons who in good faith become or are citizens of any other state.

7292f. False statement-Penalty.-6. Whoever procures the issuance of a license to marry by any false statement, representation or pretense shall be fined in any sum not exceeding five hundred dollars.

7292g. Unauthorized marriage ceremony-Penalty.-7. Whoever being duly authorized to solemnize marriage in this state knowingly joins in marriage persons who have not complied with the statute relative to the procurement of marriage license shall be fined in any sum not exceeding five hundred dollars.

7292h. Illegal license by clerk-Penalty.-8. Every clerk of the circuit court who shall issue any license contrary to the provisions of this act shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars.

7298a. Marriage to escape bastardy action, abandonment.

The statute of 1895, sections 7298a-7298d, Burns' R. S. 1901, providing for the recovery of a penalty when a man marries a woman to escape a prosecution for seduction or bastardy, and then abandons her without cause, or mistreats her, is constitutional. Latshaw v. State, 156 Ind. 194.

The statute providing for the recovery of a penalty when a man marries a woman to escape a prosecution for bastardy or seduction, and then abandons her without cause, means a physical abandonment, and not a mere constructive abandonment. Milbourne v. State, 161 Ind. 364.

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What constitutes a sufficient complaint in action to recover a penalty under the fraudulent marriage statute. Latshaw v. State, 156 Ind. 194.

If a man marries a woman to escape a prosecution for seduction or bastardy, and then abandons her without cause, the procuring of a divorce by the wife does not bar an action to recover the penalty provided by statute. State v. Lannoy, 30 App. 335. In actions under the fraudulent marriage statute to recover a penalty, the amount of recovery should be fixed by the court, and not submitted to the jury. Latshaw v. State, 156 Ind. 194.

SEC.

7318. 7319.

CHAPTER 90.

MEDICINE-LICENSE TO PRACTICE.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

License to practice medicine.
Certificate, examination, fees, re-
moval.

7321a. Number of members, new member,
osteopathist.

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The statutes requiring physicians who practice medicine in this state to undergo an examination, and to obtain licenses, are constitutional, and a proper exercise of legislative authority. Parks v. State, 159 Ind. 211.

7319. Certificate, examination, fees, removal.

If a physician obtains a license to practice medicine in one county, and afterwards removes to another county, he must obtain a license in the latter county before he can lawfully practice in such county. Mayfield v. Nale, 26 App. 240.

[Acts 1905, p. 194. In force April 15, 1905.] 7321a. Number of members, new member, osteopathist.-1. That within sixty days after this law goes into effect, it shall be the duty of the governor to appoint an additional member of the state board of medical registration and examination, which board shall thereafter consist of six members, each of whom shall serve as heretofore for a term of office for four years, and until his successor shall have been appointed and qualified. The additional member so appointed shall be a reputable

practicing physician and a graduate of a reputable school or college of the system by which he practices, and shall belong to some school or system of practice other than those which are now represented upon said board, and his successor shall in the future always be of some school different from that of the remaining members of the board: Provided, That any osteopathist now practicing in and a resident of the State of Indiana and holding a diploma from a reputable college of osteopathy, as determined by the state board of medical registration and examination, shall be eligible to an examination on proper application to the said board, and should he pass this examination, that he shall be granted a certificate for a license forthwith to practice osteopathy in the State of Indiana.

7322. Duties of board, pay, meetings, bonds, revocation.

If a person procures a license to practice medicine through fraudulent means, the board of examination may cause proceedings to be instituted to have the license revoked. Curryer v. Oliver, 27 App. 424.

7323c. Practice of medicine defined, charge.

In charging the practice of medicine without a license, it is sufficient to follow the language of the statute. Parks v. State, 159 Ind. 211.

What constitutes the practice of medicine, and evidence held sufficient to justify a conviction of practicing medicine without a license. Parks v. State, 159 Ind. 211.

[Acts 1905, p. 165. In force April 15, 1905.]

7323f. Veterinary medicine or surgery.-1. That it shall hereafter be unlawful for any person to practice veterinary medicine or surgery in Indiana who has not first obtained a license so to do, as herein provided.

This act supersedes the act of 1901, sections 7323f-73231, Burns' R. S. 1901, regulating the practice of veterinary surgery, and the act of 1903, amending section 7 of such act, is expressly repealed by section 17 of this act.

7323g. State board-Appointment-Terms-Removal.-2. A state board of veterinary medical examiners, composed of four members, shall be appointed by the governor within thirty days after this law goes into effect. Said board shall consist of reputable, practicing veterinaries who are graduates of any veterinary college of good repute, and shall be non-partisan, not more than two members thereof to be of the same political party. Two of its members shall be appointed for two years, and two for four years, and at the expiration of such terms their successors shall be appointed for a period of four years. The governor shall have power to remove any member of the board for incompetency, gross immorality, abuse of his official power, or for any other good cause, and may fill any vacancy occasioned by removal, death, resignation or otherwise.

7323h. License to practice Examination-Fee.-3. After this law goes into effect, any person desiring to begin the practice of veterinary medicine and surgery shall procure from the state board of veterinary

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