Section 13-B. Time within which marriage may be solemnized  


Latest version.
  • A marriage shall
      not  be  solemnized  within  twenty-four hours after the issuance of the
      marriage license, unless authorized by an order of a court of record  as
      hereinafter  provided,  nor shall it be solemnized after sixty days from
      the date of the issuance  of  the  marriage  license  unless  authorized
      pursuant  to  section  three  hundred fifty-four-d of the executive law.
      Every license to marry hereafter issued by a  town  or  city  clerk,  in
      addition to other requirements specified by this chapter, must contain a
      statement  of  the day and the hour the license is issued and the period
      during which the marriage may be solemnized. It shall be the duty of the
      clergyman or magistrate performing the  marriage  ceremony,  or  if  the
      marriage is solemnized by written contract, of the judge before whom the
      contract  is  acknowledged,  to  annex  to  or endorse upon the marriage
      license the date and hour the marriage is solemnized. A judge or justice
      of the supreme court of this state or the county judge of the county  in
      which  either  party  to  be  married resides, or if such party is under
      sixteen years of age, the judge of the family court of such  county,  if
      it  shall appear from an examination of the license and any other proofs
      submitted by the parties that  one  of  the  parties  is  in  danger  of
      imminent  death, or by reason of other emergency public interest will be
      promoted thereby, or that such delay will  work  irreparable  injury  or
      great hardship upon the contracting parties, or one of them, may make an
      order  authorizing  the immediate solemnization of the marriage and upon
      filing such order  with  the  clergyman  or  magistrate  performing  the
      marriage  ceremony,  or  if  the marriage is to be solemnized by written
      contract, with the judge before whom the contract is acknowledged,  such
      clergyman  or  magistrate may solemnize such marriage, or such judge may
      take such acknowledgment as the case may be, without  waiting  for  such
      three  day  period and twenty-four hour period to elapse. The clergyman,
      magistrate or judge must file such order with the town or city clerk who
      issued the license within five days after the  marriage  is  solemnized.
      Such  town  or  city  clerk  must record and index the order in the book
      required to  be  kept  by  him  for  recording  affidavits,  statements,
      consents  and  licenses,  and  when so recorded the order shall become a
      public record and available in any prosecution  under  this  section.  A
      person who shall solemnize a marriage in violation of this section shall
      be guilty of a misdemeanor and upon conviction thereof shall be punished
      by  a  fine  of fifty dollars for each offense, and in addition thereto,
      his right to solemnize a marriage shall be suspended for ninety days.