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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2531   View pdf image (33K)
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MARRIAGES 2531

His son's son's wife,
His daughter's son's wife,
His wife's son's daughter,
His wife's daughter's daughter,
His brother's daughter,
His sister's daughter.
A woman shall not marry:
Her grandfather,
Her grandmother's husband,
Her husband's grandfather,
Her father's brother,
Her mother's brother,
Her father,
Her stepfather,
Her husband's father,
Her son,

Her daughter's son,
Her husband's son,
Her daughter's husband,
Her brother,
Her son's son,

Her son's daughter's husband,
Her daughter's daughter's husband,
Her husband's son's son,
Her husband's daughter's son,
Her brother's son,

Her sister's son.

The marriage of uncle and niece is not incestuous and under laws of Maryland is
not void but voidable. This section referred to in holding a marriage between an uncle
and niece contracted in Rhode Island and valid there, valid in Maryland. Fensterwald
v. Burk, 129 Md. 138.

See notes to sec. 1.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1860, ch. 271.

3. All marriages made and celebrated in or out of this State prior
to March 9, 1860, by and between persons related within the following
degrees of affinity, to wit: a man and his niece, or a woman and her
nephew, are hereby confirmed and made valid to every intent and purpose
from the time of the celebration of such marriages, respectively; and every
such marriage shall be held and taken by all courts of this State to be
good and sufficient in law to all intents and purposes.

Prior to this section, a marriage between a man and his niece was not ipso facto
void, but only voidable. This section is constitutional and wise. Harrison v. State,
22 Md. 482; Grove v. Todd, 41 Md. 644.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1777, ch. 12, sec. S.

1865, ch. 130. 1866, ch. 102. 1868, ch. 42. 1882, ch. 357. 1886, ch. 497.

1912, ch. 73. 1927, ch. 380.

4. The following persons are authorized to solemnize marriages in this
State; any minister of the Gospel, or official of a religious order or body
authorized by the rules and customs of said order or body to join persons
in marriage.

No person within this State shall be joined in marriage until a license
shall have been obtained from the Clerk of the Circuit Court for the county
in which the marriage is to be performed, or if in Baltimore City, from
81


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2531   View pdf image (33K)
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