Marriages must be solemnized either:
- By a justice of the peace or mayor of the city or incorporated town wherein the marriage takes place;
- By some judge of the supreme or district court of this state;
- By some officiating minister of the gospel ordained or licensed according to the usages of his denomination. [§3384.]
Certificate
After the marriage has been solemnized the officiating minister or magistrate shall, on request, give each of the parties a certificate thereof. [§3385.]
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. [§3386.]
Return.
The person solemnizing marriage shall forfeit a like amount, unless within ninety days after the ceremony he shall make return thereof to the clerk of the district court. [§3387.]
Register of marriages.
The clerk of the district court shall keep a register containing the names of the parties, the date of the marriage, and the name of the person by whom the marriage was solemnized, which, or a certified transcript therefrom, is receivable in all courts and places as evidence of the marriage and the date thereof. [§3388] The register of marriages kept by the clerk is always sufficient to establish marriage, in the absence of evidence to the contrary, but record evidence is not indispensable. The fact of marriage may be shown in various ways. It may be proved by the admissions or uncontradicted testimony of either party, or a legal presumption may be raised by the testimony of either husband or wife with proof of continued cohabitation. The evidence of witnesses who were present and witnessed the marriage is always sufficient.