ART. 61. ] HUSBAND AND WIFE.

479

4. The rites of marriage between any white persons, citizens or
inhabitants of this State, shall not be celebrated by any person
within this State, unless by some minister of the gospel, ordained
according to the rites and ceremonies of his or her church, or in
such manner as is used and practiced by the society of people called
Quakers.

Id s 4
1777, c 12, s 3.
By whom rites
In be celebrated
28 Md 607, 3l
Md 361, 33 Md
91, 3 Wallace,
175

5. No persons within this State shall marry without a license, as
hereinafter directed, or before the names of the parties intending to
marry shall be thrice published in some church, or house of religious
worship, in the county where the woman resides, on three several
Sunday s, by some minister residing in said county. Nevertheless,
it is provided that any persons within this State may marry accord-.

1868, c 42.
License or pub-
lication of

bans.

ing to the ceremony used by the society of people called Quakers;
provided, the contracting parties shall sign a certificate to the effect
that they have agreed to take each other for husband and wife, and
that the said certificate has been attested by at least twelve wit-
nesses; and provided, further, that the said certificate shall, within

Friends
Certificate

sixty days, be recorded either amongst the records of the society to
which either of the contracting parties may belong, or in some court
of record in the city or county in which the said marriage may be
accomplished.

To be recorded

6. Every church, or house of religious worship, shall be recorded
in the records of the Circuit Court of the county wherein it is sit-
uated, and none shall be esteemed as such for the publication of mar-
riage agreeably to the preceding section, unless so recorded.

Art 60, s 6
1777, c 12, s 7
In what
churches bans
shall be pub-
lished.

7. All licenses for marriage shall be signed and issued by the
clerk of the Circuit Court for the county where the woman resides,
or by the clerk of the Court of Common Pleas, if she resides in the
city of Baltimore; and the clerk shall receive therefor the sum of
four dollars and fifty cents, four dollars thereof to be paid into the
treasury, and fifty cents to be retained by the clerk.

Id a 7.
1777, c 12, 88 12,
13, 1826 c 247,
B 3, 18i2, c 308,
s 1, 1853, c. 86,
8 '2
Licenses.

Cost.

8. The Circuit Courts for the several counties and the Superior
Court of Baltimore City may, upon petition of either of the parties,
inquire into, hear, and determine, and the Circuit Courts for the sev-
eral counties, and the Criminal Court of Baltimore, on indictment,
may inquire into, hear, and determine the validity of any marriage,
and may declare any marriage contrary to the table in this article,
or any second marriage, the first subsisting, null and void; and on
appeal the depositions and evidence given in the cause shall be trans-

Id. s 8
J777, c 12, s 15
What marriages
courts may
declare void.
1 Bl 476,
3 Wallace, 175.

mitted with the record to the Court of Appeals, and thereupon such
cause shall be heard, determined, and adjudged de novo.

To be tried de
novo on appeal

9. All marriages heretofore made and celebrated in this State by
and between colored people, 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

1867. c 423.
Marriages here-
tofore made
between colored
persons, valid
36 Md 447, 450,
45 Md 144,
1 H & McH 5G3

all intents and purposes; provided, that in every case, the parties
claiming to have been married by a competent person, shall, by suffi-

Fact to be
established.