23-106.Issuance of marriage license; form; waitingperiod; emergency; lawful age; consent, when; unlawful acts, penalty; duties ofperson issuing license; expiration of license.(a) The clerks of the district courts or judges thereof, when applied tofor amarriage license by any person who is one of the parties to the proposedmarriage and who is legally entitled to a marriage license, shall issue amarriage license in substance as follows:
MARRIAGE LICENSE(Name of place where office located, month,day and year.)
TO ANY PERSON authorized by law to perform the marriage ceremony,
Greeting:
You are hereby authorized to join in marriage A B of ____________, dateof birth _______, and C D of ____________, dateof birth _______, (and name of parent or guardian consenting), and ofthis license, duly endorsed, you will make due return to this officeimmediately after performing the ceremony.
E F, (title of person issuing the license).
(b) No clerk or judge of the district court shall issue a marriagelicensebefore the third calendar day (Sunday and holidays included) following thedate of the filing of the application therefor in suchclerk's or judge's office except that in cases of emergency orextraordinary circumstances, a judge of the district court may upon propershowing being made, permit by order of the court the issuance of such marriagelicense without waiting three days. Each district court shall keep a record ofall marriages resulting from licenses issued by the court, which record shallshow the names of the persons who were married and the date of the marriage.
(c) No clerk or judge shall issue a license authorizing the marriage ofany person:
(1) Under the age of 16 years, except that a judge of the district court may,after due investigation, giveconsent and issue the license authorizing the marriage of a person 15 years ofagewhen the marriage is inthe best interest of the person 15 years of age; or
(2) who is 16 or 17 years of agewithout the express consent of such person's father,mother or legal guardian and the consent of the judge unless consent of boththe mother and father and any legal guardian or all then living parents and anylegal guardian is given in which case the consent of the judge shall not berequired. If not given in person at the time of the application, the consentshall be evidenced by a written certificate subscribed thereto and dulyattested. Where the applicants or either of them are 16 or17 years of age andtheir parents are dead and there is no legal guardian then a judge of thedistrict court may after due investigation give consent and issue the licenseauthorizing the marriage.
(d) The judge or clerk mayissue a license upon the affidavit of the party personallyappearing and applying therefor, to the effect that the parties to whomsuch license is to be issued are of lawful age, as required by thissection, and the judge or clerk is hereby authorized to administer oathsfor that purpose.
(e) Every person swearing falsely in such affidavit shall be guilty ofamisdemeanor and shall be punished by a fine not exceeding $500. A clerk orjudge of the district court shall state in every license the birth dates of theparties applying for the same, and if either or both are 16 or17 years of age, the name ofthe father, mother, or guardian consenting to such marriage.
(f) Every marriage license shall expire at the end of six months fromthedate of issuance if the marriage for which the license was issued does nottake place within the six-month period of time.
History: L. 1867, ch. 84, § 5; G.S. 1868, ch. 61, § 5; L. 1905,ch. 302, § 1; L. 1913, ch. 224, § 2; R.S. 1923, 23-106; L. 1947, ch.240, § 1; L. 1967, ch. 202, § 1; L. 1968, ch. 207, § 3; L. 1969,ch. 184, § 1; L. 1972, ch. 161, § 3; L. 1976, ch. 145, § 116; L.1977, ch. 109, § 18;L. 1987, ch. 119, § 1;L. 1994, ch. 120, § 1;L. 1996, ch. 142, § 2;L. 2006, ch. 184, § 1; July 1.
23-106.Issuance of marriage license; form; waitingperiod; emergency; lawful age; consent, when; unlawful acts, penalty; duties ofperson issuing license; expiration of license.(a) The clerks of the district courts or judges thereof, when applied tofor amarriage license by any person who is one of the parties to the proposedmarriage and who is legally entitled to a marriage license, shall issue amarriage license in substance as follows:
MARRIAGE LICENSE(Name of place where office located, month,day and year.)
TO ANY PERSON authorized by law to perform the marriage ceremony,
Greeting:
You are hereby authorized to join in marriage A B of ____________, dateof birth _______, and C D of ____________, dateof birth _______, (and name of parent or guardian consenting), and ofthis license, duly endorsed, you will make due return to this officeimmediately after performing the ceremony.
E F, (title of person issuing the license).
(b) No clerk or judge of the district court shall issue a marriagelicensebefore the third calendar day (Sunday and holidays included) following thedate of the filing of the application therefor in suchclerk's or judge's office except that in cases of emergency orextraordinary circumstances, a judge of the district court may upon propershowing being made, permit by order of the court the issuance of such marriagelicense without waiting three days. Each district court shall keep a record ofall marriages resulting from licenses issued by the court, which record shallshow the names of the persons who were married and the date of the marriage.
(c) No clerk or judge shall issue a license authorizing the marriage ofany person:
(1) Under the age of 16 years, except that a judge of the district court may,after due investigation, giveconsent and issue the license authorizing the marriage of a person 15 years ofagewhen the marriage is inthe best interest of the person 15 years of age; or
(2) who is 16 or 17 years of agewithout the express consent of such person's father,mother or legal guardian and the consent of the judge unless consent of boththe mother and father and any legal guardian or all then living parents and anylegal guardian is given in which case the consent of the judge shall not berequired. If not given in person at the time of the application, the consentshall be evidenced by a written certificate subscribed thereto and dulyattested. Where the applicants or either of them are 16 or17 years of age andtheir parents are dead and there is no legal guardian then a judge of thedistrict court may after due investigation give consent and issue the licenseauthorizing the marriage.
(d) The judge or clerk mayissue a license upon the affidavit of the party personallyappearing and applying therefor, to the effect that the parties to whomsuch license is to be issued are of lawful age, as required by thissection, and the judge or clerk is hereby authorized to administer oathsfor that purpose.
(e) Every person swearing falsely in such affidavit shall be guilty ofamisdemeanor and shall be punished by a fine not exceeding $500. A clerk orjudge of the district court shall state in every license the birth dates of theparties applying for the same, and if either or both are 16 or17 years of age, the name ofthe father, mother, or guardian consenting to such marriage.
(f) Every marriage license shall expire at the end of six months fromthedate of issuance if the marriage for which the license was issued does nottake place within the six-month period of time.
History: L. 1867, ch. 84, § 5; G.S. 1868, ch. 61, § 5; L. 1905,ch. 302, § 1; L. 1913, ch. 224, § 2; R.S. 1923, 23-106; L. 1947, ch.240, § 1; L. 1967, ch. 202, § 1; L. 1968, ch. 207, § 3; L. 1969,ch. 184, § 1; L. 1972, ch. 161, § 3; L. 1976, ch. 145, § 116; L.1977, ch. 109, § 18;L. 1987, ch. 119, § 1;L. 1994, ch. 120, § 1;L. 1996, ch. 142, § 2;L. 2006, ch. 184, § 1; July 1.
23-106.Issuance of marriage license; form; waitingperiod; emergency; lawful age; consent, when; unlawful acts, penalty; duties ofperson issuing license; expiration of license.(a) The clerks of the district courts or judges thereof, when applied tofor amarriage license by any person who is one of the parties to the proposedmarriage and who is legally entitled to a marriage license, shall issue amarriage license in substance as follows:
MARRIAGE LICENSE(Name of place where office located, month,day and year.)
TO ANY PERSON authorized by law to perform the marriage ceremony,
Greeting:
You are hereby authorized to join in marriage A B of ____________, dateof birth _______, and C D of ____________, dateof birth _______, (and name of parent or guardian consenting), and ofthis license, duly endorsed, you will make due return to this officeimmediately after performing the ceremony.
E F, (title of person issuing the license).
(b) No clerk or judge of the district court shall issue a marriagelicensebefore the third calendar day (Sunday and holidays included) following thedate of the filing of the application therefor in suchclerk's or judge's office except that in cases of emergency orextraordinary circumstances, a judge of the district court may upon propershowing being made, permit by order of the court the issuance of such marriagelicense without waiting three days. Each district court shall keep a record ofall marriages resulting from licenses issued by the court, which record shallshow the names of the persons who were married and the date of the marriage.
(c) No clerk or judge shall issue a license authorizing the marriage ofany person:
(1) Under the age of 16 years, except that a judge of the district court may,after due investigation, giveconsent and issue the license authorizing the marriage of a person 15 years ofagewhen the marriage is inthe best interest of the person 15 years of age; or
(2) who is 16 or 17 years of agewithout the express consent of such person's father,mother or legal guardian and the consent of the judge unless consent of boththe mother and father and any legal guardian or all then living parents and anylegal guardian is given in which case the consent of the judge shall not berequired. If not given in person at the time of the application, the consentshall be evidenced by a written certificate subscribed thereto and dulyattested. Where the applicants or either of them are 16 or17 years of age andtheir parents are dead and there is no legal guardian then a judge of thedistrict court may after due investigation give consent and issue the licenseauthorizing the marriage.
(d) The judge or clerk mayissue a license upon the affidavit of the party personallyappearing and applying therefor, to the effect that the parties to whomsuch license is to be issued are of lawful age, as required by thissection, and the judge or clerk is hereby authorized to administer oathsfor that purpose.
(e) Every person swearing falsely in such affidavit shall be guilty ofamisdemeanor and shall be punished by a fine not exceeding $500. A clerk orjudge of the district court shall state in every license the birth dates of theparties applying for the same, and if either or both are 16 or17 years of age, the name ofthe father, mother, or guardian consenting to such marriage.
(f) Every marriage license shall expire at the end of six months fromthedate of issuance if the marriage for which the license was issued does nottake place within the six-month period of time.
History: L. 1867, ch. 84, § 5; G.S. 1868, ch. 61, § 5; L. 1905,ch. 302, § 1; L. 1913, ch. 224, § 2; R.S. 1923, 23-106; L. 1947, ch.240, § 1; L. 1967, ch. 202, § 1; L. 1968, ch. 207, § 3; L. 1969,ch. 184, § 1; L. 1972, ch. 161, § 3; L. 1976, ch. 145, § 116; L.1977, ch. 109, § 18;L. 1987, ch. 119, § 1;L. 1994, ch. 120, § 1;L. 1996, ch. 142, § 2;L. 2006, ch. 184, § 1; July 1.
