[1362] Act of Jan. 4, 1825: Laws of the State (1825), I, 527. Persons or societies solemnizing marriages are required to keep a record; and a general record must also be made by the registrar of the county. The provision of 1825 is repeated in Rev. Stat. (1845), 730.
[1363] Compare the act of 1777, chap. 12, secs. 5-12: see Kilty, Laws; or Laws of Md. (1787), at sections cited; and Poe, Code (1888), I, 975.
[1364] Comp. Stat. of D. C. (1894), 272.
[1365] Digest of Ga. (1801), 314. But by the constitution of the state (1798), Art. III, sec. 6, ibid., 40, the clerk of the inferior courts of the county, with powers of a court of ordinary or register of probates, shall issue marriage licenses.
[1366] Digest (1801), 733.
[1367] See Hotchkiss, Codification, (1845), 329; or Cobb, Digest (1851), 282, 819.
[1368] Paragraph 1658, pp. 331, 332, of the Code of Ga., assented to Dec. 19, 1860, to take effect Jan. 1, 1862, provides for obtaining license, and "publication of the banns of marriage in a neighboring church, in the presence of the congregation, for at least three Sabbath days prior to its solemnization," all other marriages being declared invalid. Cf. Acts (1863-64), 48, editorial note. The change worked confusion. The preamble of the act of Dec. 14, 1863, declares that the "innovation" will "have the effect of giving rise to perplexing questions of legitimacy of children, and rights of property; and to domestic unhappiness." Therefore the paragraph is repealed, and marriages already solemnized under it are validated: ibid., 48.
For the present law see Code of Ga. (1896), II, 223, 221.
[1369] Act of 1807: Lislet, General Digest (1828), II, 6-8.
[1370] Merrick, Rev. Civil Code (1900), I, 21-25. But if objection be made on oath, the marriage may be suspended for ten days by the judge.