[1328] Louisiana Acts (1827), 4.
[1329] This dual restriction appears in Cobb's Analysis of Stat. of Ga. (New York, 1846), 290, 291; but it does not seem to be retained in Code of Ga. (1861), 331 (prohibited degrees of affinity), and there is no later statute on the subject.
[1330] In Alabama such marriages are incestuous and must be annulled by the court on conviction; but the issue born before annulment is legitimate: Code (1897), 828; in Arizona, Arkansas, Georgia, Indian Territory, Kentucky, Mississippi, and New Mexico they are incestuous and void or voidable after decree: Rev. Stat. of Ariz. (1887), 371; Digest of Ark. (1894), 1126; also Rev. Stat. of Ark. (1838), 536; Code of Ga. (1896), II, 222; Kentucky Stat. (1894), 763; Comp. Laws of N. M. (1897), 406; Ann. Code of Miss. (1892), 677. In Maryland, District of Columbia, Missouri, and North Carolina they are absolutely void or voidable after decree: Code of Md. (1888), I, 973, 974; Comp. Laws of D. C. (1894), 271; Rev. Stat. of Mo. (1899), I, 1036; Code of N. C. (1883), I, 688, 689. But the laws of New Mexico, while declaring these marriages "absolutely void," provides in sec. 1430 that they shall not be "declared void except by decree of the district court;" and the North Carolina act has the condition that no marriage followed by cohabitation and birth of issue shall be declared void after the death of either of the parties for any of the causes stated, except in case of unions of whites with negroes or Indians to the third generation. In Virginia prohibited marriages, if solemnized in the state, are void after decree, or when within the forbidden degrees, from the time of conviction for incest; and the law of West Virginia is similar: Code of Va. (1887), 560; Code of W. Va. (1891), 656, 661. See also Code of Tenn. (1884), 608; Rev. Stat. of Fla. (1892), 820; Rev. Civil Code of La. (1888), 61; Rev. Stat. of S. C. (1894), I, 751; and compare Wright, Report, 35-45.
[1331] For example, in Virginia the penalty for marriage within the forbidden degrees is imprisonment not exceeding six months or a fine of not more than $500: Code (1887), 898; in West Virginia, one or both of these penalties: Code (1900), 972; in Georgia, imprisonment in the penitentiary from one to three years: Code (1896), III, 116; in Maryland incest is a felony punishable by one to ten years' imprisonment at the discretion of the court: Code (1888), I, 511; in Missouri the penalty for the same crime is not exceeding seven years in the penitentiary: Rev. Stat. (1889), II, 907; in the District of Columbia, for marriage within the "three degrees of lineal direct consanguinity, or within the first degree of collateral consanguinity," the penalty for each is "five hundred pounds current money ($1333.331⁄3);" and within any of the other forbidden degrees of consanguinity or affinity, it is "two hundred pounds current money ($533.331⁄3)": Comp. Stat. of D. C. (1894), 272.
[1332] Code of Va. (1887), 560; Code of W. Va. (1891), 612, 918; Code of Ga. (1882), 287, 288.
[1333] Formerly in Maryland any person marrying out of the state to evade the law was fined 500 pounds: Kilty, Laws, 1777, chap. 12, sec. 6. Now each of the persons must pay $100: Code (1888), 523.
[1334] Moore, Code of D. C. (1902), 266.
[1335] Kentucky Stat. (1894), 764; ibid. (1901), 823.
[1336] In Mississippi marriages out of the state, to avoid penalties of forbidden degrees, are declared void: Ann. Code of Miss. (1892), 677.
[1337] See the lists in Wright, Report, 35-45. On these marriages I have not found changes since 1887, the date of that compilation.