CHAPTER XLII. MANDAMUS. Sec. 1273. How APPLIED FOR.-All applications for granting writs of mandamus shall be commenced by petition, verified by affidavit of the applicant, setting forth fully the ground of his application. Sec. 1274. RULE ON DEFENDANT.-Upon the filing of such petition the court may lay a rule requiring the defendant therein named to show cause, within such time as the court may deem proper, why a writ of mandamus should not issue as prayed, a copy of which rule shall be served upon such defendant by a day to be therein limited. Sec. 1275. DEFENDANT'S ANSWER.-The defendant, by the day named in such order, unless for cause shown the court shall extend the time, shall file an answer to such petition, fully setting forth all the defenses upon which he intends to rely in resisting such application, which shall be verified by his affidavit. Sec. 1276. PLEADINGS AND FURTHER PROCEEDINGS. The petitioner may plead to or traverse all or any of the material averments set forth in said answer, and the defendant shall take issue or demur to said plea or traverse within five days thereafter unless for cause shown the court shall extend the time; and such further proceedings shall thereupon be had in the premises for the determination thereof as if the petitioner had brought an action for a false return. Sec. 1277. TIME OF TRIAL OF ISSUE. If issue shall be joined on such proceedings, the same shall stand for trial at as early a day as the court shall appoint. Sec. 1278. TRIAL. Such issues shall be tried by a jury if both parties in writing require it, otherwise they shall be heard and determined by the court; and in case a verdict shall be found for the petitioner, or if the court upon hearing determine for the petitioner, or judgment be given for him upon demurrer or for want of a plea, such petitioner shall thereupon recover his damages and costs as he might have done in an action for a false return, to be levied by execution, and a peremptory writ of mandamus shall be granted thereupon without delay against the defendant. Sec. 1279. JUDGMENT FOR DEFENDANT.-If judgment shall be given for the defendant he shall recover his costs of suit, to be levied in the manner aforesaid. Sec. 1280. DEFENDANT'S DEFAULT. -If the defendant shall neglect to file his answer to the petition by the day named in the order of the court, after being served with notice thereof, the said court shall thereupon proceed to hear the said petition ex parte, within five days there after, and if it shall be of opinion that the facts and law of the case authorize the granting of a mandamus as prayed, it shall thereupon without delay order a peremptory mandamus to issue, and shall also adjudge to the petitioner his costs of suit. Sec. 1281. If the court shall, upon such ex parte hearing, be of opinion that the facts and law of the case do not authorize the granting of a mandamus, it shall dismiss such petition with costs. Sec. 1282. APPEAL.-In case of an appeal by the defendant the court shall fix the penalty of the appeal bond necessary to be given to stay the execution or enforcement of the order appealed from. CHAPTER XLIII. MARRIAGE. Sec. 1283. PROHIBITIONS.-The following marriages are prohibited in the District of Columbia and shall be absolutely void ab initio, without being so decreed, and their nullity may be shown in any collateral proceedings, namely: First. The marriage of a man with his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter. Second. The marriage of a woman with her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, husband's son's son, husband's daughter's son, brother's son, sister's son. Third. The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce. Sec. 1284. MARRIAGE MAY BE DECREED TO BE VOID.-Any of such marriages may also be declared to have been null and void by judicial decree. Sec. 1285. WHEN VOID FROM DATE OF DECREE. The following marriages in said District shall be illegal, and shall be void from the time when their nullity shall be declared by decree, namely: First. The marriage of an idiot or of a person adjudged to be a lunatic. Second. Any marriage the consent to which of either party has been procured by force or fraud. Third. Any marriage either of the parties to which shall be incapable, from physical causes, of entering into the married state. Fourth. When either of the parties is under the age of consent, which is hereby declared to be sixteen years of age for males and fourteen for females. Sec. 1286. BY WHOM SUIT BROUGHT.A proceeding to declare the nullity of a marriage may be instituted in the case of an infant under the age of consent by such infant, through a next friend, or by the parent or guardian of such infant; and in the case of an idiot or lunatic by next friend. But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and willfully [contraeted] contracted any marriage declared illegal by the foregoing sections. Sec. 1287. MARRIAGE OUT OF DISTRICT.-If any marriage declared illegal by the aforegoing sections shall be entered into in another jurisdiction by persons having and retaining their domicile in the District of Columbia, such marriage shall be deemed illegal, and may be decreed to be void in said District in the same manner as if it had been celebrated therein. Sec. 1288. BY WHOM MARRIAGE CEREMONY PERFORMED. For the purpose of preserving the evidence of marriages in the District, every minister of the gospel appointed or ordained according to the rites and ceremonies of his church, whether his residence be in the District or elsewhere in the United States or the Territories, may be authorized by any justice of the supreme court of the District of Columbia to celebrate marriages in the District. And marriages may be celebrated in the District by any justice of the peace or by any judge or justice of any court of record: Provided, however, That marriages of members of any church or religious society which does not by its custom require the intervention of a minister for the celebration of marriages may be solemnized in the manner prescribed and practiced in any such society, the license in such case to be issued to, and returns to be made by, a person appointed by such church or religious society for that purpose.-Act of April 23, 1904. Sec. 1289. UNAUTHORIZED MARRIAGE. -If any one except a minister or other person authorized by the foregoing section shall hereafter celebrate the rites of marriage in said District, he shall be subject to the penalty prescribed in the following section. Sec. 1290. LICENSE.-No person authorized hereby to celebrate the rites of marriage shall do so in any case without first having delivered to him a license therefor addressed to him, issued from the clerk's office of said supreme court, under a penalty of not more than five hundred dollars, in the discretion of the court, to be recovered upon information in the police court of the district. Sec. 1291. DUTY OF CLERK. It shall be the duty of the clerk of the supreme court before issuing any license to solemnize a marriage to examine any applicant for said license under oath and to ascertain the names, ages, and color of the parties desiring to marry, and if they are under age the names of their parents or guardians, whether they were previously married, whether they are related or not, and if so, in what degree, which facts shall appear on the face of the application, of which the clerk shall provide a printed form, and any false swearing in regard to such matters shall be deemed perjury. Sec. 1292. CONSENT OF PARENT OR GUARDIAN.-If any male person intending to marry and seeking a license therefor shall be under twenty-one years of age, or any female so intending shall be under eighteen years of age, and shall not have been previously married, the said clerk shall not issue such license unless the father of such person, or, if there be no father, the mother, or, if there be neither father nor mother, the guardian, if there be such, shall consent to such proposed marriage, either personally to the clerk, or by an instrument in writing attested by a witness and proved to the satisfaction of the clerk. Sec. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be addressed to some particular minister, magistrate, or other person authorized by section twelve hundred and eighty-eight hereof to perform or witness the marriage ceremony and shall be in the following form: Number ΤΟ greeting: authorized to celebrate (or witness) marriages in District of Columbia, You are hereby authorized to celebrate (or witness) the rites of marriage between of ......, and of and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days under a penalty of fifty dollars for default therein. Witness my hand and seal of said court this day of ......, anno Domini ....... Clerk. Said return shall be made in person or by mail on a coupon issued with said license and bearing a corresponding number therewith within ten days from the time of said marriage, and shall be in the following form: Number I, who have been duly authorized to celebrate (or witness) the rites of marriage in the District of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized (or witnessed) the marriage of and named therein, on the day of A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given to the contracting parties by the minister or other person to whom such license was addressed, and shall be in the following form: Number I hereby certify that on this (or before) me united in marriage in accordance with the license issued by the clerk of the supreme court of the District of Columbia. Act approved April 23, 1904. Name Residence [Sec. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be in the following form: Number To any minister or other person authorized to celebrate marriages in the District of Columbia, greeting:] [Sec. 1293. Form of license.-Licenses to perform the marriage ceremony shall be addressed to some particular minister or magistrate authorized by section twelve hundred and eighty-eight hereof to perform the marriage ceremony and shall be in the following form: Number authorized to celebrate marriages in the District of Columbia, greeting: You are hereby authorized to celebrate the rites of marriage between of Το and of and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days, under a penalty of fifty dollars for default therein. Said return shall be made in person or by mail, on a coupon issued with said license and bearing a corresponding number therewith, within ten days from the time of said marriage, and shall be in the following form: who have been duly authorized to celebrate the rites of marriage in the Dirict of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized the marriage of and named therein, on |