[Sidenote:  Under age.]

[Sidenote:  Consent of parent.]

Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid, nor shall it be granted where either party is a minor, without the previous consent of the parent or guardian of such minor, nor where the condition of either party is such as to disqualify him from making any other civil contract. [Sec.3379.]

[Sidenote:  Proof of age.]

Unless such clerk is acquainted with the age and condition of the parties for the marriage of whom the license is applied for, he must take the testimony of competent and disinterested witnesses on the subject. [Sec.3380.]

[Sidenote:  Record.]

He must cause due entry of the application for the issuing of the license to be made in a book to be procured and kept for that purpose, stating that he was acquainted with the parties and knew them to be of competent age and condition, or that the requisite proof of such fact was made known to him by one or more witnesses, stating their names, which book shall constitute a part of the records of his office. [Sec.3381.]

[Sidenote:  Proof of consent of parent.]

If either party is a minor, the consent of the parent or guardian must be filed in the clerk’s office after being acknowledged by the said parent or guardian, or proved to be genuine, and a memorandum of such facts must also be entered in said book. [Sec.3382.]

[Sidenote:  Penalty.]

If the clerk of the district court grants a license contrary to the provisions of the preceding sections, he is guilty of a misdemeanor, and if a marriage is solemnized without such license being procured, the parties so married and all persons aiding in such marriage are likewise guilty of a misdemeanor. [Sec.3883.]

The punishment provided for misdemeanors is imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both fine and imprisonment.

[Sidenote:  Who may solemnize.]

Marriages must be solemnized either: 

1.  By a justice of the peace or mayor of the city or incorporated town wherein the marriage takes place;

2.  By some judge of the supreme or district court of this state;

3.  By some officiating minister of the gospel ordained or licensed according to the usages of his denomination. [Sec.3384.]

[Sidenote:  Certificate]

After the marriage has been solemnized the officiating minister or magistrate shall, on request, give each of the parties a certificate thereof. [Sec.3385.]

[Sidenote:  Penalty.]

Marriages solemnized with the consent of parties in any other manner than is herein prescribed, are valid, but the parties themselves, and all other parties aiding or abetting, shall forfeit to the school fund the sum of fifty dollars each. [Sec.3386.]