city or incorporated town
wherein the marriage takes place;

2. By some judge of the supreme or district court of this state;

3. By some officiating minister of the gospel ordained or licensed
according to the usages of his denomination. [Sec.3384.]

[Sidenote: Certificate]

After the marriage has been solemnized the officiating minister or
magistrate shall, on request, give each of the parties a certificate
thereof. [Sec.3385.]

[Sidenote: Penalty.]

Marriages solemnized with the consent of parties in any other manner
than is herein prescribed, are valid, but the parties themselves, and
all other parties aiding or abetting, shall forfeit to the school fund
the sum of fifty dollars each. [Sec.3386.]

[Sidenote: Return.]

The person solemnizing marriage shall forfeit a like amount, unless
within ninety days after the ceremony he shall make return thereof to
the clerk of the district court. [Sec.3387.]

[Sidenote: Register of marriages.]

The clerk of the district court shall keep a register containing the
names of the parties, the date of the marriage, and the name of the
person by whom the marriage was solemnized, which, or a certified
transcript therefrom, is receivable in all courts and places as evidence
of the marriage and the date thereof. [Sec.3388] The register of marriages
kept by the clerk is always sufficient to establish marriage, in the
absence of evidence to the contrary, but record evidence is not
indispensable. The fact of marriage may be shown in various ways. It may
be proved by the admissions or uncontradicted testimony of either party,
or a legal presumption may be raised by the testimony of either husband
or wife with proof of continued cohabitation. The evidence of witnesses
who were present and witnessed the marriage is always sufficient.

[Sidenote: Peculiar mode.]

These provisions so far as they relate to procuring licenses and to the
solemnizing of marriages, are not applicable to members of any
particular denomination having, as such, any peculiar mode of entering
the marriage relation [Sec.3389].

[Sidenote: Husband responsible for return.]

But when any mode is thus pursued which dispenses with the services of a
clergyman or magistrate, the husband is responsible for the return
directed to be made to the clerk and is liable to the above named
penalty if the return is not made [Sec.3390].

[Sidenote: When void.]

Marriages between persons whose marriage is prohibited by