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SEC. 4. The survivor of persons holding personal property in joint tenancy shall have the same rights only as the survivor of tenants in common, unless otherwise expressed in the instrument.
SEC. 5. The absolute power of aliening lands shall not be suspended by any limitation or condition whatever contained in any conveyance or devise, for a longer period than during the existence of a life or any number of lives in being at the creation of the estate conveyed or devised, and therein specified, with the exception that a contingent remainder in fee may be limited on a prior remainder in fee, to take effect in the event that the person to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such person may be determined before he attains full age.
SEC. 6. Where a remainder for life shall be limited on any other than a life or lives in being at the creation of such estate, all the life estates subsequent to those persons entitled to take life estates according to the provisions of the preceding section, shall be void; and upon the death of those persons entitled to take, the remainder shall take effect, in the same manner as if such void estates had not been created.
SEC. 7. Where real estate is limited by deed or will to one or more for life or lives, with a contingent limitation over to such issue of one or more of the tenants for life as shall be living at the determination of the estate for life or for lives, the circuit court may, upon the application of the tenants for life, and proof that a sale is expedient, and that it will not be to the prejudice of any interested, order a sale of such real estate.
SEC. 8. The application for such sale shall be made by petition, verified by the oath of the party, in which shall be stated all facts showing the expediency of such sale. Such of the issue contemplated by the limitation as shall be in existence at the time of such application shall be made defendants, together with all who would take the estate in case the limitation over should never vest. If any be minors, guardians ad litem shall be appointed, who shall answer on oath, and any minors above the age of fourteen years shall answer, in proper person, in like manner.
SEC. 9. Whether the answer to the petition admit the facts alleged or not, the court, before it orders a sale, shall require every fact which
may be material to ascertain the propriety of such sale to be clearly proved to its satisfaction, and in such manner as it shall direct. Depositions shall be taken in the presence of the guardians ad litem, or on interrogatories agreed upon by them.
SEC. 10. No such sale shall be ordered if the deed or will limiting the estate shall prohibit the same.
SEC. 11. When such sale shall have been authorized and made, and the terms thereof complied with, and the purchase money paid in full, the court may order a conveyance to be executed to the purchaser.
SEC. 12. The proceeds of the sale of such real estate shall be invested in such manner and in such securities as the circuit court shall direct. The interest on such investment shall go to the tenants for life, and the principal thereof shall be deemed real estate, and as such shall be subject to the limitations of the deed or will.
Of the domestic relations.
CHAPTER 68. Of marriage, and the solemnization thereof.
CHAPTER 69. Of divorce.
CHAPTER 70. General provisions concerning husband and wife.
CHAPTER 71. Of parents and children.
CHAPTER 72. Of guardians and wards.
CHAPTER 73. Of masters and apprentices.
SECTION 1. All marriages contracted whilst either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved, and no restraint shall have been imposed on the party contracting such second marriage.
SEC. 2. All marriages contracted by parties related within any of the degrees of consanguinity or affinity prohibited in the following sections three or four, shall be void.
SEC. 3. A man shall not marry his mother, grandmother, stepmother, wife's mother, daughter, grandfather's wife, wife's grandmother, father's sister, mother's sister, wife's daughter, son's wife, sister, granddaughter, grandson's wife, wife's granddaughter, brother's daughter, or sister's daughter.
SEC. 4. A woman shall not marry her father, grandfather, stepfather, husband's father, son, grandmother's husband, husband's grandfather, father's brother, mother's brother, husband's son, daughter's husband, brother, grandson, granddaughter's husband, husband's grandson, brother's son, or sister's son.
SEC. 5. In all cases mentioned in the two sections immediately preceding, in which the relationship is founded upon a marriage, the prohibition shall continue in force, notwithstanding the dissolution of such marriage by death or by divorce, unless the divorce be for a cause which shows the marriage to have been originally void.
SEC. 6. All marriages between a white person on the one part and a negro on the other, shall be void.
SEC. 7. All marriages contracted by an insane person or by a party under the age of twelve years, shall be void; and any contracted by a person over that age but under fourteen, may be avoided by such party on his or her attaining the age of fourteen years, but not by others.
SEC. 8. When any persons, residents of this District, shall go out of the same, with intent to evade the previous provisions of this chapter, and be married, and shall return to the same, such marriage shall be deemed void in this District.
SEC. 9. For the purpose of being recorded and proved, as herein provided, marriages must be licensed and celebrated in accordance with the provisions of this chapter.
SEC. 10. The rites of marriage shall not be solemnized by any person but a minister of the gospel, who has been ordained according to the usage of his denomination; or in such manner as has been heretofore practised in this District by the society of people called Quakers, or by the Jews provided, that as between persons belonging to any religious society which has no ordained minister, marriages may be solemnized by the person and in the manner prescribed by and practised in such society. The minister, or other person so authorized, shall receive as a fee for marrying parties the sum of one dollar, to be paid by the husband.
SEC. 11. No person shall marry without a license to that effect, to be issued by the clerk of the circuit court for this District, whose duty it shall be to grant the same, on application, and in form following:
DISTRICT OF COLUMBIA,
County of Washington, to wit:
Whereas, application has been made to me by
for license to be joined in holy matrimony:
these are therefore to authorize you to solemnize the rites of marriage between those persons according to law, there appearing to you no lawful cause or just impediment to hinder the same.
Given under my hand and seal, this
To the Rev. Mr.
to celebrate the marriage.)
-, (or any other person qualified by law
SEC. 12. The clerk shall not issue a license for the marriage of any person under the age of twenty-one years if male, or eighteen if female, unless he or she shall have been previously married, without the consent of the father or guardian, or, if there be none, of the mother, given in a manner similar to that prescribed in the following section.
SEC. 13. No minister, or other person authorized to solemnize marriages, shall join in marriage any male under the age of twenty-one years, or any female under the age of eighteen years, unless he or she shall have been previously married, without the consent of the father or guardian, or, if there be none, of the mother of every such party, personally given, or signified by the parent or guardian in a writing attested by one witness.
SEC. 14. No slave shall be married without the consent of his or her owner, given personally, or in writing attested, or as provided in previous section.
SEC. 15. Every minister or other person who shall, under the provisions of this chapter, celebrate any marriage ceremony, shall, on the first day of January or July thereafter, certify the fact, in form following, to the clerk of the circuit court, stating the christian and surnames of the parties married by him; their places of residence, and their color, if not white; the time of the marriage, and also that the parties were known to him, or that their identity was proved by a credible witness. Such certificate shall be signed by the person performing the marriage ceremony, and be attested by one witness to the marriage.
The form thereof shall be as follows:
, who are personally known to me, (or whose
identity has been proved.)
Witness to the marriage:
SEC. 16. The clerk shall preserve such certificates; and in a book to be kept by him, and called the Marriage Registry, he shall note every license of marriage granted by him, stating the christian and surnames of parties, their places of residence, and the time when such license was granted; and on the receipt of the certificate of marriage, he shall record it opposite the entry already made, and shall index such registry in the name of each party.
SEC. 17. The clerk shall, on the application of any person, grant a certified copy of such marriage record, and the registry shall be open to inspection at all times. The marriage registry, made and kept as