valid until its nullity is adjudged by a competent tribuna [In effect July 1, 1874.] Penalty for bigamy. Penal Code, §§ 283-84; exceptions, § 282. 58 Cal. 219. § 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. [In effect July 1, 1874.] § 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. ARTICLE II. AUTHENTICATION OF MARRIAGE. SECTION 68. Marriage, how solemnized. 69. Marriage license. 70. By whom solemnized. 71. No particular form of solemnization. 73. Certificate of marriage. 74. Certificate to parties and recorder. 75. Declaration of marriage, how made. 76. Declaration to contain what. 77. To be acknowledged and recorded. 78. Action between the parties to determine validity. § 68. Marriage must be licensed, solemnized, authenticated, and recorded as provided in this article; but non-compliance with its provisions does not invalidate any lawful marriage. § 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, 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 non-aged 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 person 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. [In effect April 5, 1880.] § 70. Marriage may be solemnized by either a justice of the Supreme Court, judge of the Superior Court, justice of the peace, priest, or minister of the gospel of any denomination. In effect April 5, 1880.] Penalty for solemnization of illegal marriage. Penal Code, § 359. § 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. § 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. [In effect July 1, 1874.] § 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. [In effect July 1, 1874.] Penalty for false return. Penal Code, § 360. § 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 he marriage. Recorder must record. Polit. Code, § 4235. § 75. Persons married without the solemnization provided for in section 70 must jointly make a declaration of marriage, substantially showing: 1. The names, ages, and residences of the parties; 2. The fact of marriage; 3. The time of marriage; 4. That the marriage has not been solemnized. § 76. If no record of the solemnization of a marriage here tofore 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. [In effect July 1, 1874.] See Penal Code, § 360. § 77. Declarations of marriage must be acknowledged and recorded in like manner as grants of real property. See Polit. Code, § 4235. § 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. [In effect February 15, 1883.] § 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. In effect February 6, 1878.] ARTICLE III. JUDICIAL DETERMINATION OF VOID MARRIAGES. § 80. Either party to an incestuous or void marriage may proceed by action in the Superior Court, to have the same so declared. [In effect April 5, 1880.] BECTION 82. Cases where marriage may be annulled. 83. Action to obtain decree of nullity in certain cases, by whom commenced. 84. Children of annulled marriage. 85. Custody of children. 86. Effect of judgment of nullity. when and § 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 afterward, with full knowlege 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 married state, and such incapac ty continues, and appears to be incurable. [In effect July 1 874.1 § 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 non-aged 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. [In effect July 1, 1874.] § 84. Where a marriage is annulled on the ground that a former husband or wife was living, or on the ground of insanity, children begotten before the judgment are legitimate, and succeed to the estate of both parents. § 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. § 86. A judgment of nullity of marriage rendered is conclu sive only as against the parties to the action and those claim ing under them. ARTICLE II. DISSOLUTION OF MARRIAGE. BECTION 90. Marriage, how dissolved. 91. Divorce, what. 92. Causes for divorce. |