[1253] North Carolina Code, I, 689, retaining the act in Laws (1871-72), chap. 193, sec. 3.
[1254] For the early years see Scott, Laws of the State of Tenn. (1821), Index at "marriage;" Statute Laws (1831), 219, 220; Caruthers and Nicholson, Compilation (1836), 449-52.
[1255] Code of Tenn. (1884), 609. The judges were empowered by Acts (1846), chap. 145, pp. 220, 221; chancellors in 1842; Statute Laws (1846), 126; rabbis by Acts (1879) chap. 98; and the governor and speakers by Acts (1889), chap. 134, p. 272.
[1256] Editorial note, Brevard, Alphabetical Digest (1814), II, 438. Cf. on this point the remarks of Editor Desaussure, in connection with the case of Vaigneur et al., v. Kirk (1808), in 2 S. C. Equity Reports, 644-46.
"In South Carolina the only reference to the parties by whom marriages may be solemnized is found in section 2034, General Statutes, 1882, which provides a penalty for the solemnization of marriage between white and colored persons by 'any clergyman, minister of the gospel, magistrate, or other person authorized by law to perform the marriage ceremony.'"—Wright, Report, 50, 51.
[1257] Digest of the Laws of Georgia (Philadelphia, 1801), 314. Contracts previously celebrated before any justice of the peace, minister, or preacher of the gospel are confirmed: and the same persons, if properly qualified or ordained, are in future authorized to perform the ceremony, in each case after due notice or license.
[1258] Judges and justices of inferior courts are mentioned as having power to join persons in marriage in the act of 1799: Digest of the Laws of Ga., 733.
[1259] Code of Ga. (1882), 392, 393; ibid. (1896), 11, 223, 224.
[1260] Acts (1866), 156, 157; Code of Ga. (1896), II, 5.
[1261] An act of Feb. 19, 1836, validates marriages illegally solemnized by members of the board of county police: Code of Miss. (1848), 496.