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PART III.

PERSONAL RELATIONS.

Title I. Marriage, $$ 55-181.

II. Parent and Child, 8 & 193-230.
III. Guardian and Ward, $$ 236-258.
IV. Master and Servant, 88 264-276.

TITLE I.

MARRIAGE.

Chapter I. The Contract of Marriage, 88 55-80.

II. Divorce, $$ 82-148.
III. Husband and Wife, $$ 155-181.

CHAPTER I.

THE CONTRACT OF MARRIAGE.
Article I. Validity of Marriage, $$ 55-63.

II. Authentication of Marriage, 88 68-7972.
III. Judicial Determination of Void Marriage, $ 80.

ARTICLE I.

VALIDITY OF MARRIAGE. $ 55. What constitutes marriage. 8 56. Minors capable of contracting marriage. $ 57. Marriage, how manifested and proved. $ 58. Certain marriages voidable. § 59. Incompetency of parties to. $ 60. Of whites and negroes or mulattoes, void. $ 61,

Marriage illegal unless divorced one year; or absent avo

years. $ 62. Released from marriage contract, when. $ 63.

Marriage contracted without the state.

8 55. What constitutes marriage. Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making that contract is neces.

8;

sary. Consent alone will not constitute marriage; it must be followed by a solemnization authorized by this code. En. March 21, 1872. Am'd. 1895, 121. Cal.Rep.Cit. 67, 212; 75, 75, 9; 75, 12; 75, 13;

75, 14; 75, 15; 75, 16; 75, 17; 75, 18; 75, 19; 75, 21; 75, 22; 75, 23; 75,

24;

75, 35; 75, 50; 75, 51; 75, 57; 75, 59; 75, 72; 75, 76; 79, 644 ; 79, 651; 79, 667; 79, 669; 79, 684 ; 81, 189; 82, 416; 82, 417; 89,

49;

89, 50; 99, 288; 104, 261 ; 104, 633; 104, 634; 105, 360, 121, 628 ; 121, 629; 128, 310; 133, 527; 137, 146.

$ 56. Minors capable of contracting marriage. Any un. married 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. En. March 21, 1872.

Cal.Rep.Cit. 75, 14; 75, 16; 79, 667; 123, 226.

$57. Marriage, how manifested and proved. Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases. En. March 21, 1872. Am'd. 1895, 121. Cal.Rep.Cit. 75, 15; 75. 16; 75, 51; 75, 52; 75, 63;

75,76; 79, 667; 79, 686; 79, 694; 116, 313; 133, 527. $ 58. Certain marriages voidable. If either party to a marriage be incapable from physical causes of entering into the marriage state; or if the consent of either be obtained by fraud or force, the marriage is voidable. En. March 21, 1872. Am'd. 1873-4, 185.

Cal.Rep.Cit. 138, 549.

Penalty for false personation in marital relations: Pen. Code, sec. 528.

See also, post, sec. 82, subd. 4.

$ 59. Incompetency of parties to. 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. En. March 21, 1872.

Penalty for incestuous marriages: Pen. Code, secs. 285, 359.

$ 60. Of whites and negroes or mulattoes, void. All marriages of white persons with negroes or mulattoes are illegal and void. En. March 21, 1872.

Cal.Rep.Cit. 137, 135.

or

8 61. Marriage illegal unless divorced one year; absent five years. 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 absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or 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 adjudged by a competent tribunal. En. March 21, 1872. Am'd. 1873-4, 185; 1897, 34; 1903, 176. Cal.Rep.Cit. 94, 459; 133, 527; 137, 131; 137, 132; 137, 135;

137, 137; 137, 138; 137, 139, 137, 142; 137, 144. Subd. 1

137, 133, 137, 134. Subd. 2 – 94, 464. Penalty for bigamy: Pen. Code, secs. 283-84; exceptions, idem, sec. 282.

$ 62. Released from marriage contract, when. 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. En. March 21, 1872. Am'd. 1873-4, 185.

$ 63. Marriage contracted without the state. 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. En. March 21, 1872. Cal.Rep.Cit. 121, 624; 137, 135; 137, 136; 137, 137 ; 137, 138;

137, 139 ; 137, 145; 137, 147.

ARTICLE II. AUTHENTICATION OF MARRIAGE. 68. Procedure required. $69. Marriage license.

70. By whom solemnized. $ 71. No particular form of solemnization.

72. Requirements by persons solemnizing marriage. 73. Certificate of marriage.

74. Certificate to parties and recorder.
$ 75. Declaration where there is no record. (Repealed.)
$76. Declaration to contain what.

77. To be acknowledged and recorded.
78. Either party may proceed to determine validity.
79. Persons who may be married without license.
7942. Members of particular religious denomination.

$ 68. Procedure required. Marriage must be licensed, solemnized, authenticated and recorded as provided in this article; but noncompliance with its provisions by other than the parties to a marriage does not invalidate that marriage. En. March 21, 1872. Am'd. 1895, 121.

Cal.Rep.Cit. 104, 261; 116, 311; 121, 628; 133, 527.

8 69. Marriage license. 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, showing:

1. The identity of the parties. 2. Their real and full names and places of residence. 3. Their ages.

4. If the male be under the age of twenty-one, or the female under the age of eighteen years, the consent of the father, mother, or guardian, or of one having the charge of such person, if any such be given; or that such nonaged person has been previously, but is not at the time, married.

For the purpose of ascertaining these facts, the clerk is authorized to examine parties and witnesses on oath, and to receive affidavits, and he must state such facts in the license. If the male be under the age of twenty-one years,

or the female be under the age of eighteen, and such persou has not been previously married, no license shall be issued by the clerk, unless the consent in writing of the parents of the person under age, or of one of such parents, or of his or her guardian, or of one having charge of such person, be presented to him; and such consent shall be filed by the clerk; provided that the said clerk shall not issue a license authorizing the marriage of a white person with a negro, mulatto or Mongolian, En. March 21, 1872. Am'd. 1873-4, 185; 1880, 3.

Cal.Rep.Cit. 59, 374 ; 116, 311; 121, 629; 123, 226.

$ 70. By whom solemnized. Marriage may be solemnized by either a justice of the supreme court, 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. En. March 21, 1872. Am'd. 1880, 4; 1903, 355.

Cal.Rep.Cit. 75, 12; 116, 311; 121, 628; 121, 629.

Form of marriage ceremony: See Const. Cal. 1879, art. XX, sec. 7; see, also, art. XI, sec. 12, former constitution.

Penalty for solemnization of illegal marriage: Pen. Code, sec. 359.

$ 71. No particular form of solemnization. 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. En. March 21, 1872.

Cal.Rep.Cit. 75, 12; 121, 628; 133, 527.

$ 72. Requirements by persons solemnizing marriage. 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. En. March 21, 1872. Am'd. 1873-4, 186.

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

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