Statutory purpose and targeted amendment
- Section 1 modifies General Orders No. 68 specifically as it relates to the age at which persons may marry without the consent of parents or guardians.
- Act No. 1451 amends Paragraph 3 of Section 7 of General Orders No. 68.
Consent rule and age thresholds
- Section 1 provides that parental/guardian consent may be given by the father, mother, guardian, or the person having charge of the person to be married.
- Section 1 fixes the age triggers for the consent requirement: consent applies if the male is under 20 years or the female is under 18 years.
- Section 1 prohibits the performance of the marriage for nonage unless the consent required under the amended paragraph is satisfied.
Required consent form and proof
- Section 1 allows the marriage to proceed for a nonage party only if consent is personally given by the parent or guardian or person having charge, or certified in writing by the parent/guardian/person having charge.
- Section 1 requires written certification to be over the signature of the parent or guardian or person having charge.
- Section 1 requires written consent to be attested by two or more subscribing witnesses.
- Section 1 requires that the written consent be proved by the oath of one of the attesting witnesses.
Solemnizing officer duties and evidentiary process
- Section 1 authorizes the person solemnizing the marriage to examine the parties and witnesses on oath for the purpose of ascertaining the facts about age.
- Section 1 requires the solemnizing officer to receive affidavits.
- Section 1 mandates the solemnizing officer to state the facts in the marriage certificate.
Prohibition on performing marriage during nonage
- Section 1 commands that the marriage shall not be performed in cases of nonage.
- Section 1 makes the personal or written consent requirements the governing condition for performance despite nonage.
Effectivity
- Section 2 states that Act No. 1451 takes effect on its passage.