[1371] In West Virginia, where there is no lay celebration, the form of license is as follows: "To any person licensed to celebrate marriages: You are hereby authorized to join together in the holy state of matrimony, according to the rites and ceremonies of your church or religious denomination, and the laws of the state of West Virginia, —— —— and —— ——. Given under my hand, as clerk of the county court of ——, this —— day of ——."—Code (1891), 607.
[1372] When either person is under sixteen, a license will not be issued without written consent of parent or guardian: Acts of Tenn. (1899), 36.
[1373] In Baltimore city license is issued by the clerk of the court of common pleas: Code (1888), I, 975; in St. Louis, by the city recorder: Wright, Report, 49 n. cc.
[1374] Rev. Stat. and Codes of Porto Rico (1902), 807-9.
[1375] The Ann. Code of Miss. (1892), 677 ff., is silent as to bond.
[1376] In Missouri, failure to keep a record or solemnization without license is a misdemeanor. The transgressor must pay a fine of not exceeding $500, and in addition he is liable to a civil action by the parent or other person to whom "services" are due, to recover not more than $500: Laws (1881), 161; Rev. Stat. (1889), II, 1606; ibid. (1899), I, 1037. In Alabama the fine is $1,000, one-half to the state and one-half to the person suing: Code (1896), I, 829; in North Carolina, solemnization without license or failure to make return is a misdemeanor, subject to a fine of $200, payable to anyone who sues: Code (1883), I, 691, 692; in Kentucky, a fine of not more than $1,000, or imprisonment from one to twelve months, or both: Stat. (1894), 766; in Arkansas, a high misdemeanor and a fine of not less than $100: Digest (1894), 1127; in Tennessee, a misdemeanor and a fine of $500: Code (1896), 1040-41; in Georgia, a fine of $500: Code (1896), II, 223; in Virginia and West Virginia, forfeiture of bond: Code of Va. (1887), 557; Code of W. Va. (1891), 608; in Maryland, a fine of $100 to $500: Laws (1894), 124; in Texas, a misdemeanor and a fine of $50 to $500: Act of June 5, 1900: Gen. Laws, 307. In the District of Columbia for marriage without banns or license each of the parties and the person solemnizing are liable to a fine of 500 pounds current money: Comp. Stat. (1894), 272; Moore, Code, 266.
[1377] Arkansas and Indian Territory have a peculiar provision. The person obtaining a license is required to report "the same to the office of the clerk of the county court within 60 days from the date of such license; and if the same be duly executed and officially signed by some person authorized by law to solemnize marriage," the bond of the person so applying for the license shall be null and void, otherwise of full force: Digest (1894), 1129; Ann. Stat. of Ind. Ter. (1899), 510.
[1378] Return is made to the judge issuing the license in Porto Rico; to the proper officer in the county where the marriage is celebrated in Missouri, Mississippi, and New Mexico; in all other cases, in the county where the woman resides.
[1379] The Virginia law requires the clerk to deliver to the person entitled the license and also a certificate containing the names of the parties, date of the proposed marriage, etc. The person solemnizing is to return the license and the clerk's certificate, together with his own certificate of the time and place of the marriage: Code (1887), 556.
[1380] This is the form of indorsement required by the Tennessee law: "I solemnized the rite of matrimony between the above (or within) named parties, on the —— day of ——, 18—."—Code (1896), 1039.