93-1-5 - Conditions precedent to issuance of license; penalty for noncompliance.
§ 93-1-5. Conditions precedent to issuance of license; penalty for noncompliance.
It shall be unlawful for the circuit court clerk to issue a marriage license until the following conditions precedent have been complied with:
(a) Parties desiring a marriage license shall make application for the license in writing to the clerk of the circuit court of any county in the State of Mississippi; however, if the female applicant is under the age of twenty-one (21) years and is a resident of the State of Mississippi, the application shall be made to the circuit court clerk of the county of residence of the female applicant. The application shall be immediately filed with the circuit court clerk and shall include the names, ages and addresses of the parties applying; the names and addresses of the parents of the parties applying, and if no parents, then names and addresses of the guardian or next of kin; the signatures of witnesses; and any other data that may be required by law or the State Board of Health. The application shall be sworn to by both applicants.
(b) The application shall remain on file, open to the public, in the office of the circuit court clerk for a period of three (3) days before the clerk is authorized to issue the marriage license. However, if satisfactory proof is furnished to the judge of any circuit, chancery or county court that sufficient reasons exist, then the judge of any such court in the judicial district where either of the parties resides if they are over the age of twenty-one (21) years, or where the female resides if she is under the age of twenty-one (21), may waive the three-day waiting period and by written instrument authorize the clerk of the court to issue the marriage license to the parties if they are otherwise qualified by law. Authorization shall be a part of the confidential files of the clerk of the court, subject to inspection only by written permission of the judge. If either of the applying parties appears from the evidence to be under twenty-one (21) years of age, the circuit court clerk, immediately upon filing the application, shall cause notice of the filing of the application to be sent by prepaid certified mail to the father, mother, guardian or next of kin of both applying parties at the address named in the application.
(c) An affidavit showing the age of both applying parties shall be made by either the father, mother, guardian or next of kin of each of the contracting parties and filed with the clerk of the circuit court along with the application; or in lieu thereof, both applying parties shall appear in person before the circuit court clerk and make and subscribe an oath in person, which affidavit shall be attached to and noted on the application for the marriage license. In addition to either of the previous conditions stated, further proof of age shall be presented to the circuit court clerk in the form of either a birth certificate, baptismal record, armed service discharge, armed service identification card, life insurance policy, insurance certificate, school record, driver's license, or other official document evidencing age. The document substantiating age and date of birth shall be examined by the circuit court clerk before whom application is made, and the circuit court clerk shall retain in his file with the application the document or a certified or photostatic copy of the document.
(d) The clerk shall not issue a marriage license under the provisions of this section unless the male applicant is at least seventeen (17) years of age and the female is at least fifteen (15) years of age; however, if satisfactory proof is furnished to the judge of any circuit, chancery or county court that sufficient reasons exist and that the parties desire to be married to each other and that the parents or other person in loco parentis of the person or persons so under age consent to the marriage, then the judge of any such court in the county where either of the parties resides may waive the minimum age requirement and by written instrument authorize the clerk of the court to issue the marriage license to the parties if they are otherwise qualified by law. Authorization shall be a part of the confidential files of the clerk of the court, subject to inspection only by written permission of the judge.
(e) A medical certificate dated within thirty (30) days before the application shall be presented to the circuit court clerk showing that the applicant is free from syphilis, as nearly as can be determined by a blood test performed in a laboratory approved by the State Board of Health. The medical certificate may be obtained through the local health department by the applicant or applicants, or it may be obtained through any private laboratory approved by the State Board of Health. The medical certificate shall be examined by the circuit court clerk and filed in a permanent file kept by the clerk for this purpose.
(f) In no event shall a license be issued by the circuit court clerk when it appears to the circuit court clerk that the applicants are, or either of them is, drunk or a person with mental illness or mental retardation, to the extent that the clerk believes that the person does not understand the nature and consequences of the request.
Any circuit clerk shall be liable under his official bond because of noncompliance with the provisions of this section.
Any circuit court clerk who issues a marriage license without complying with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00).
Sources: Codes, 1930, § 2363; 1942, § 461; Laws, 1930, ch. 237; Laws, 1957, Ex. ch. 17, § 1; Laws, 1983, ch. 522, § 48; Laws, 2008, ch. 442, § 24, eff from and after July 1, 2008.