Schedule of Laws Repealed. SCHEDULE OF LAWS REPEALED. R. S., pt. II, ch. 1, tit. II.. § 63... Powers over trust, of party interested. R. S., pt. II, ch. 4, tit. IV.. All.... Accumulations of personal property. R. S., pt. II, ch. 7, tit. II.. All.... Fraudulent conveyances of personal property. R. S., pt. II, ch. 7, tit. III. All.... General provisions in rela 1863.... 464.... All...... Amends R. S., pt. II, ch. 7, tit. 1882.... 185.... All...... 1882.... 324.... All.... 1889... 65.... All...... 1889.... 487.... All...... 1891.... 173.... All.... II, § 2. Trustees of personal estates. bonds or stocks of the cities Amends L. 1858, ch. 314, § I. 1893.... 452.... All...... Amends R. S., pt. II, ch. 1, tit. II, § 63. 1894.... 740.... All...... Amends L. 1858, ch. 314, § 1. CHAPTER XLVIII OF THE GENERAL LAWS. [CHAP. 272 OF 1896.] THE DOMESTIC RELATIONS LAW. ARTICLE I. Unlawful marriages (§§ 1-4). II. Solemnization, proof and effect of marriage (§§ 10-18). III. Certain rights and liabilities of husband and wife (§§ 20-29). IV. The custody and wages of children (§§ 40-42). V. Guardians (§§ 50-54). VI. The adoption of children (§§ 60-68). VII. Apprentices and servants (§§ 70–77). VIII. Laws repealed; when to take effect (§§ 90-91). ARTICLE I. UNLAWFUL MARRIAGES. SECTION 1. Short title; definitions. 2. Incestuous and void marriages. 3. Void marriages. 4. Voidable marriages. § 1. Short title; definitions.-This chapter shall be known as the domestic relations law. A minor is a person under the age of twenty-one years. A minor reaches majority at that age. § 2. Incestuous and void marriages.-A marriage is incestuous and void whether the relatives are legitimate or illegitimate between, either: 1. An ancestor and a descendant, or, 2. A brother and sister of either the whole or the half blood. 3. An uncle and niece or an aunt and nephew. § 3. 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 dis solved for a cause other than the adultery of such person; 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 Solemnization, Proof and Effect of Marriages. ᎦᎦ 4-11 for five successive years then last past without being known to such person to be living during that time. § 4. Voidable marriages.-A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto : I. 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; or, 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. ARTICLE II. SOLEMNIZATION, PROOF AND EFFECT OF MARRIAGE. SECTION 10. Marriage a civil contract; effect of this article. 11. Who may solemnize marriage. 12. Marriage, how solemnized. 13. Duty of clergyman or magistrate. 14. Certificate. 15. Filing and entry of certificate. 16. Certificate, entry and copies evidence. 17. Fees. 18. Effect of marriage of parents on illegitimates. § 10. Marriage a civil contract; effect of this article.-Mar- and 1qui riage, so far as its validity in law is concerned, continues to be a civil. 339 contract, to which the consent of parties, capable in law of making a contract, is essential. This article does not require any marriage to be solemnized in the manner, herein specified, and a lawful marriage contracted in the manner heretofore in- use in this state, or in the manner and pursuant to the regulations of a religious society to which either party bélongs, is as valid as if this article had not been enacted. and 11. Who may solemnize marriage. For the purpose of - do must be solemnizi How a no marriage being registered and authenticated as prescribed by this article, a marriage must be solemnized by either: 1. A clergyman or minister of any religion or the leader of the society for ethical culture in the city of New York; 2 A mayor, recorder, alderman, police justice or police magistrate of a city; or, 3. A justice or judge of a court of record, or of a municipal court, a justice of the peace, or a justice of a district court in the cities of New York and Brooklyn. 4. The word "clergyman," when used in the following sections of this article, includes any 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. § 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 the clergyman or magistrate and the attending witness or witnesses that they take each other as husband and wife. In every case, at least one witness besides the clergyman or magistrate must be present at the ceremony. § 13. Duty of clergyman or magistrate.-A clergyman or magistrate requested to solemnize a marriage must, before solen nizing it, ascertain : I. The name and residence of each party. 2. That each party is of sufficient age to be capable in law of contracting marriage. 3. The name and residence of the attending witness, or, if more than one are present, of at least two attending witnesses. Unless such facts are personally known to him, he must require them to be proved and for that purpose may administer an oath to and examine either or both of the parties or any other person. Each examination so taken must be reduced to writing, subscribed by the person examined, and entered in a book kept by the clergyman or magistrate for that purpose; in which he must also enter each fact required to be ascertained by this section which is within his knowledge, and the day on which the marriage is solemnized. § 14. Certificate.-A clergyman or magistrate by whom a marriage is solemnized must furnish to either party, on request, a certificate, signed by him, stating: |