man intended present marriage, though the man did not, where
they had assumed the relation of husband and wife, and his conduct had
been such as to justify her in believing that he had intended present
marriage. Marriages by consent only, are not rendered void by a
provision punishing parties for solemnizing marriages in any other
manner than that prescribed by law.

[Sidenote: Under age.]

[Sidenote: Consent of parent.]

Such license must not in any case be granted where either party is under
the age necessary to render the marriage absolutely valid, nor shall it
be granted where either party is a minor, without the previous consent
of the parent or guardian of such minor, nor where the condition of
either party is such as to disqualify him from making any other civil
contract. [Sec.3379.]

[Sidenote: Proof of age.]

Unless such clerk is acquainted with the age and condition of the
parties for the marriage of whom the license is applied for, he must
take the testimony of competent and disinterested witnesses on the
subject. [Sec.3380.]

[Sidenote: Record.]

He must cause due entry of the application for the issuing of the
license to be made in a book to be procured and kept for that purpose,
stating that he was acquainted with the parties and knew them to be of
competent age and condition, or that the requisite proof of such fact
was made known to him by one or more witnesses, stating their names,
which book shall constitute a part of the records of his office.
[Sec.3381.]

[Sidenote: Proof of consent of parent.]

If either party is a minor, the consent of the parent or guardian must
be filed in the clerk's office after being acknowledged by the said
parent or guardian, or proved to be genuine, and a memorandum of such
facts must also be entered in said book. [Sec.3382.]

[Sidenote: Penalty.]

If the clerk of the district court grants a license contrary to the
provisions of the preceding sections, he is guilty of a misdemeanor, and
if a marriage is solemnized without such license being procured, the
parties so married and all persons aiding in such marriage are likewise
guilty of a misdemeanor. [Sec.3883.]

The punishment provided for misdemeanors is imprisonment in the county
jail not more than one year, or by fine not exceeding five hundred
dollars, or by both fine and imprisonment.

[Sidenote: Who may solemnize.]

Marriages must be solemnized either:

1. By a justice of the peace or mayor of the