LAW IS QUOTED.
The law limiting the right of divorced persons to remarry within a certain
time, is contained in Section 1306, of the Compiled laws of Alaska, which is as
follows:
"A judgment declaring a marriage void or dissolved by the action or claim of
either party shall have the effect to terminate such marriage as to both
parties, except that neither party shall be capable of contracting a marriage
with a third person, and if he or she does so contract, shall be liable
therefore as if such judgment had not been given, until the action has been
heard and determined on appeal, and if no appeal be taken, the expiration of the
period allowed by law to take such appeal."
In an Oregon case, that of Malinda F. McLennan against Charles McLennan, the
supreme court of that state decided that, "a marriage contracted in another
state by a resident of Oregon who has been divorced in that state by a decree
from which there is yet time to take an appeal is absolutely void, under Hill's
Annotated laws, Section 503, providing that a divorce decree shall terminate the
marriage, 'except that neither party shall be capable of contracting marriage
with a third person until the expiration of the period allowed by law for an
appeal.' "
AVOID EX-MINISTERS.
The foregoing decision is found on page 863, book 38, The Lawyer's Reports,
Annotated.
It is suggested by local legal authority that people contemplating marriages
should use care in selecting someone to perform the ceremony, and if a minister
is to do this it should first be proved that he still has the legal right to
perform a ceremony. Section 434 of the Compiled Laws of Alaska explain who
is legally permitted to perform the marriage ceremony. This section reads
as follows:
"Marriage may be solemnized by any minister or priest of any church or
congregation in the district anywhere within his jurisdiction, and commissioners
and ex-officio justices of the peace are t be deemed judicial officers of the
district within the meaning of this section."
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