Sidor som bilder

ch. 241; L. 1916, ch. 381; L. 1920, ch. 213; in effect Sept. 1, 1920.)

Derivation: Domestic Relations Law, § 14, as added by L. 1907, ch. 742,

§ 6.

§ 20. Records to be kept by the county clerk.

The county clerk of each county except the counties included within the city of New York shall keep a copy and index in a book kept in his office for that purpose of each statement, affidavit, consent and license, together with a copy of the certificate thereto attached showing the performance of the marriage ceremony, filed in his office. During the first twenty days of the months of January, April, July and October of each year the county clerk shall transmit to the state department of health at Albany, New York, all original affidavits, statements, consents and licenses with certificates attached filed in his office during the three months preceding the date of such report, also all original contracts of marriage made and recorded in his office during such period entered into in accordance with subdivision four of section eleven of this chapter, which record and certificate shall be kept on file and properly indexed by the state department of health. Whenever it is claimed that a mistake has been made through inadvertence in any of the statements, affidavits or other papers required by this section to be filed with the state department of health, the state commissioner of health may file with the same, affidavits upon the part of the person claiming to be aggrieved by such mistake, showing the true facts and the reason for the mistake and may make a note upon such original paper, statement or affidavit showing that a mistake is claimed to have been made and the nature thereof. The services rendered by the county clerk in carrying out the provisions of this article shall be a county charge except in counties where the county clerk is a salaried officer in which case they shall be a part of the duties of his office. (Amended by L. 1915, ch. 422; L. 1917, ch. 245, in effect April 23, 1917.)

Derivation: Domestic Relations Law, § 15, as added by L. 1907, ch. 742,

§ 6.

§ 21. Forms and books to be furnished.

Blank forms for marriage licenses and certificates and also the proper books for registration ruled for the items contained in said forms and also blank statements and affidavits and such other blanks

as shall be necessary to comply with the provisions of this article shall be prepared by the state board of health and shall be furnished by said department at the expense of the state to the county clerks of the various counties of the state in the quantities needed from time to time, and the county clerk of each county shall distribute them to town and city clerks in his county in such quantities as their necessities shall require. The expense of distributing the same to said town and city clerks is hereby made a county charge.

Derivation: Domestic Relations Law, § 16, as added by L. 1907, ch. 742, § 6.

§ 22. Penalty for violation.

Any town, city or county clerk who shall violate any of the provisions of this article or shall fail to comply therewith shall be deemed guilty of a misdemeanor and shall pay a fine not exceeding the sum of one hundred dollars on conviction thereof.

Derivation: Domestic Relations Law, § 17, as added by L. 1907, ch. 742, § 6.

§ 23. Presumptive evidence.

Copies of the records of marriages including the license and certificate of marriage and all other records pertaining thereto duly certified by the clerk of the county where the same are recorded under his official seal shall be evidence in all courts.

Derivation: Domestic Relations Law, § 18, as added by L. 1907, ch. 742, § 6.

§ 24. Effect of marriage of parents of illegitimates.

All illegitimate children whose parents have heretofore intermarried or who shall hereafter intermarry shall thereby become legitimatized and shall become legitimate for all purposes and entitled to all the rights and privileges of legitimate children; but an estate or interest vested or trust created before the marriage of the parents of such child shall not be divested or affected by reason of such child being legitimatized. Nothing in this article shall be deemed or construed to in any manner impair or affect the validity of any lawful marriage contract made before the passage of this article.

Derivation: Domestic Relations Law, § 19, as added by L. 1907, ch. 742, § 6.

§ 25. License, when to be obtained.

The provisions of this article pertaining to the granting of the licenses before a marriage can be lawfully celebrated apply to all

persons who assume the marriage relation in accordance with subdivision four of section eleven of this chapter. Nothing in this article contained shall be construed to render void by reason of a failure to procure a marriage license any marriage solemnized between persons of full age nor to render void any marriage between minors or with a minor under the legal age of consent where the consent of parent or guardian has been given and such marriage shall be for such cause voidable only as to minors or a minor upon complaint of such minors or minor or of the parent or guardian thereof.

Derivation: Domestic Relations Law, 20, as added by L. 1907, 742, § 6.

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SECTION 50. Property of married woman.

51. Powers of married woman.

52. Insurance of husband's life.

53. Contracts in contemplation of marriage.

54. Liability of husband for ante-nuptial debts.

55. Contract of married woman not to bind husband.

56. Husband and wife may convey to each other or make partition.

57. Right of action by or against married woman for torts.

58. Pardon not to restore marital rights.

59. Compelling transfer of trust property.

60. Married woman's right of action for wages.

§ 50. Property of married woman.

Property, real or personal, now owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in this chapter, and the rents, issues, proceeds and profits thereof, shall continue to be her sole and separate property as if she were unmarried, and shall not be subject to her husband's control or disposal nor liable for his debts. Derivation: Domestic Relations Law, § 20.

51. Powers of married woman.

A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts, as if she were unmarried; but a husband and wife cannot contract to alter or dissolve the marriage or to relieve the husband from his liability to support his wife. All sums that may be recovered in actions or special proceedings by a married woman to recover damages to her person, estate or character shall be the separate property of the wife. Judgment for or against a married woman, may be rendered and enforced, in a court of record, or not

of record, as if she was single. A married woman may confess a judgment specified in section/ one thousand two hundred and seventy-three of the code of civil procedure.

Derivation: Domestic Relations Law, § 21; Code Civil Procedure, §§ 450, 1206, and 1273, incorporated. For remainder of sections 450 and 1273, see Code Civil Procedure, §§ 450, 1273.

§ 52. Insurance of husband's life.

A married woman may, in her own name, or in the name of a third person, with his consent, as her trustee, cause the life of her husband to be insured for a definite period, or for the term of his natural life. Where a married woman survives such period or term she is entitled to receive the insurance money, payable by the terms of the policy, as her separate property, and free from any claim of a creditor or representative of her husband, except, that where the premium actually paid annually out of the husband's property exceeds five hundred dollars, that portion of the insurance money which is purchased by excess of premium above five hundred dollars, is primarily liable for the husband's debts. The policy may provide that the insurance, if the married woman dies before it becomes due and without disposing of it, shall be paid to her husband or to his, her or their children, or to or for the use of one or more of those persons; and it may designate one or more trustees for a child or children to receive and manage such money until such child or children attain full age. The married woman may dispose of such policy by will or written acknowledged assignment to take effect on her death, if she dies thereafter leaving no descendants surviving. After the will or the assignment takes effect, the legatee or assignee takes such policy absolutely.

A policy of insurance on the life of any person for the benefit of a married woman is also assignable and may be surrendered to the company issuing the same, by her, or her legal representative, with the written consent of the assured.

Derivation: Domestic Relations Law, § 22.

§ 53. Contracts in contemplation of marriage.

A contract made between persons in contemplation of marriage, remains in full force after the marriage takes place.

Derivation: Domestic Relations Law, § 23.

§ 54. Liability of husband for ante-nuptial debts.

A husband who acquires property of his wife by ante-nuptial contract or otherwise, is liable for her debts contracted before marriage, but only to the extent of the property so acquired. Derivation: Domestic Relations Law, § 24.

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