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If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like

manner.

Derivation: Domestic Relations Law, § 2, as amended by L. 1907, ch. 742, § 1.

§ 6. Void marriages.

A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either:

1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; provided, that if such former marriage has been dissolved for the cause of the adultery of such person, he or she may marry again in the cases provided for in section eight of this chapter and such subsequent marriage shall be valid;

2. Such former husband or wife has been finally sentenced to imprisonment for life;

3. Such former husband or wife has absented himself or herself without being known to such (Amended by L. 1915, ch.

for five successive years then last past person to be living during that time. 266, in effect April 12, 1915.)

Derivation: Domestic Relations Law, § 3.

§ 7. Voidable marriages.

A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto :

1. Is under the age of legal consent, which is eighteen years; 2. Is incapable of consenting to a marriage for want of understanding;

3. Is incapable of entering into the married state from physical

cause;

4. Consents to such marriage by reason of force, duress or fraud;

5. Has a husband or a wife by a former marriage living, and such former husband or wife has absented himself or herself for five successive years then last past without being known to such party to be living during that time.

Actions to annul a void or voidable marriage may be brought only as provided in the code of civil procedure.

Derivation: Domestic Relations Law, § 4.

§ 8. Marriage after divorce for adultery.

Whenever a marriage has been or shall be dissolved, the complainant may marry again during the lifetime of the defendant. But a defendant for whose adultery the judgment of divorce has been granted in this state may not marry again during the lifetime of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall be made only upon satisfactory proof that three 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; and a defendant for whose adultery the judgment of divorce has been rendered in another state or country may not marry again in this state during the lifetime of the complainant unless three years have elapsed since the rendition of such judgment and there is no legal impediment, by reason of such judgment, to such marriage in the state or country where the judgment was rendered. But this section shall not prevent the remarriage of the parties to an action for divorce. (Amended by L. 1915, ch. 266; L. 1919, ch. 265, in effect May 3, 1919.)

Derivation: R. S., Part 2, ch. 8, Tit. 1, § 49, as amended by L. 1897, ch. 452, § 1; Code Civil Procedure, § 1761.

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ARTICLE 3.

SOLEMNIZATION, PROOF AND EFFECT OF MARRIAGE.

SECTION 10. Marriage a civil contract.

11. By whom a marriage must be solemnized.

11a. Duty of city clerk in certain cities of the first class.
12. Marriage, how solemnized.

13. *Marriages licenses.

14. Town and city clerks to issue marriage licenses; form.

15. Duty of town and city clerks.

16. False statements and affidavits.

17. Clergyman or officer violating article; penalty.

18. Clergyman or officer, when protected.

19. Records to be kept by town and city clerks.

20. Records to be kept by the county clerk.

21. Forms and books to be furnished.

22. Penalty for violation.

23. Presumptive evidence.

24. Effect of marriage of parents of illegitimates.
25. License, when to be obtained.

§ 10. Marriage a civil contract.

Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential.

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Derivation: Domestic Relations Law, § 5, as amended by L. 1901, ch. 339, § 1, and renumbered and amended by L. 1907, ch. 742, § 3.

§ 11. By whom a marriage must be solemnized.

The marriage must be solemnized by either:

1. A clergyman or minister of any religion, or by the senior leader, or any of the other three leaders, of The Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of The Brooklyn Society for Ethical Culture having its principal office in the borough of Brooklyn, of the city of New York.

2. A mayor, recorder, city magistrate, police justice or police magistrate of a city, or the city clerk of a city of the first class of over one million inhabitants or any of his deputies or regular clerl, designated by him for such purpose as provided in section eleven-2 of this chapter, except that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section;

3. A justice or judge of a court of record, or of a municipal court, a police justice of a village, or a justice of the peace; except that justices of the peace in cities which contain more than one hundred thousand and less than one million inhabitants, shall have no power to solemnize marriages; or

4. A written contract of marriage signed by both parties and at least two witnesses who shall subscribe the same, stating the place of residence of

* So in original.

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each of the parties and witnesses and the date and place of marriage, and acknowledged by the parties and witnesses in the manner required for the acknowledgment of a conveyance of real estate to entitle the same to be recorded, provided, however, that all of such contracts of marriage must in order to be valid be acknowledged before a judge of a court of record. Such contract shall be recorded within six months, after its execution in the office of the clerk of the county in which the marriage was solemnized.

The word "clergyman," when used in the following sections of this article, includes each person referred to in the first subdivision of this section. The word "magistrate," when so used, includes any person referred to in the second or third subdivision. (Amended by L. 1911, ch. 610; L. 1912, ch. 166; L. 1913, ch. 490; L. 1916, ch. 524, L. 1918, ch. 620; L. 1920, ch. 231, in effect April 16, 1920.)

Derivation: Domestic Relations Law, § 6, as amended by L. 1901, ch. 339, § 2; L. 1902, ch. 522, § 1; L. 1905, ch. 499, § 1; L. 1907, ch. 480, § 1, and renumbered and amended by L. 1907, ch. 742, § 4, and amended by L. 1908, ch. 73, § 1.

§ 11-a. Duty of city clerk in certain cities of the first class.

The city clerk of a city of the first class of over one million inhabitants may designate in writing any of his deputies or one of his regular clerks to perform marriage ceremonies, which designation shall be in writing and be filed in the office of such city clerk. The day and hour of such filing shall be endorsed on the designation. Any such designation shall be and remain in effect for six months from the filing thereof. The designation of a deputy heretofore made for such purpose shall expire ninety days after this section, as hereby amended, takes effect. Whenever persons to whom the city clerk of any such city of the first class shall have issued a marriage license shall request him to solemnize the rites of matrimony between them and present to him such license it shall be the duty of such clerk, either in person or by one of his deputies or a regular clerk so designated by him to solemnize such marriage; provided, however, that nothing contained either in this section or in subdivision two of section eleven of this chapter shall be construed as empowering or requiring either the said city clerk or any of his designated deputies or regular clerk to solemnize marriages at any place other than at the office of such city clerk. In all cases in which the city clerk of such city or one of his deputies or a regular clerk so designated shall perform a marriage ceremony such official shall demand and be entitled to collect therefor a fee of two dollars, which sum shall be paid by the contracting parties before or immediately upon the solemnization of the marriage; and all such fees so received shall be paid over monthly to the treasurer of the city. (Added by L. 1916, ch. 524; amended by L. 1918, ch. 620.)

§ 12. Marriage, how solemnized.

No particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or magistrate and the attending witness cr witnesses that they take each other as husband and wife. In every case, at least one witness beside the clergyman or magistrate must be present at the ceremony.

The preceding provisions of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers, nor marriages among the people of any other denominations having as such any particular mode of solemnizing marriages; but such marriages must be solemnized in the manner heretofore used and practiced in their respective societies or denominations, and marriages so solemnized shall be as valid as if this article had not been enacted.

Derivation: Domestic Relations Law, § 7, as renumbered and amended by L 1907, ch. 742, § 5.

§ 13. Marriage licenses.

It shall be necessary for all persons intending to be married to obtain a marriage license from the town or city clerk of the town or city in which the woman to be married resides and to deliver said license to the clergyman or magistrate who is to officiate before the marriage can be performed. If the woman or both parties to be married are nonresidents of the state such license shall be obtained from the clerk of the town or city in which the marriage is to be performed; or, if the woman to be married resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and such office or residence is not cn such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits re ceived by him while acting under the provisions of this section. with the town clerk of such town. (Amended by L. 1914, ch. 230; L. 1918, ch. 236, in effect April 16, 1918.)

Derivation: Domestic Relations Law, § 8, as added by L. 1907, ch. 742, § 6.

§14. Town and city clerks to issue marriage licenses; form.

The town or city clerk of each and every town or city in this state is hereby empowered to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:

STATE OF NEw York,

County of......

City or town of...

Know all men by this certificate that any person authorized by law to perform marriage ceremonies within the state of New York to whom this may come, he, not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between.

of

in the county of

....

of

and state of New York and in the

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