To ensure a uniform system of records of all marriages contracted and the better preservation of the records for future reference, the form of application, license and certificate shall be substantially as provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the clerk's office; provided that the medical evaluation language shall not be printed on the application until such time as the secretary of health deems such evaluation necessary through the issuance of rules.
History: Laws 1905, ch. 65, § 7; Code 1915, § 3441; C.S. 1929, § 87-120; 1941 Comp., § 65-116; 1953 Comp., § 57-1-15; 2013, ch. 144, § 12.
Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment, effective June 14, 2013, provided for the use of uniform applications, licenses and certificates; added the title; after "preservation of", deleted "said record" and added "the records"; after "license and certificate", deleted "provided herein"; after "shall be substantially as", deleted "follows" and added "provided in Section 40-1-18 NMSA 1978"; and after "in the clerk's office", deleted "all such blanks to be provided free of cost by the county for public use" and added the reminder of the sentence.
County clerk may issue marriage license where neither party has appeared personally to apply for the license where the form of application used is substantially in agreement with 40-1-18 NMSA 1978 and the county clerk is satisfied as to the ages. 1967 Op. Att'y Gen. No. 67-88.
Lack of witnesses would not invalidate marriage. — Lack of witnesses at a marriage ceremony, where marriage was valid in other respects, would not invalidate the marriage. 1943 Op. Att'y Gen. No. 43-4280.
Structure New Mexico Statutes
Article 1 - Marriage in General
Section 40-1-1 - [Marriage is civil contract requiring consent of parties.]
Section 40-1-2 - Marriages solemnized; ordained clergy or civil magistrates may solemnize.
Section 40-1-3 - Ceremony by religious society.
Section 40-1-4 - [Lawful marriages without the state recognized.]
Section 40-1-6 - Restrictions on marriage of minors.
Section 40-1-7 - Incestuous marriages.
Section 40-1-9 - Prohibited marriages.
Section 40-1-10 - License required; county clerk.
Section 40-1-11 - Fees; disposition.
Section 40-1-14 - Production of license and proof of legal qualifications.
Section 40-1-15 - Certification of marriage; recording and indexing.
Section 40-1-16 - Application of law.
Section 40-1-17 - Uniform use form.
Section 40-1-18 - Form of application, license and certificate.
Section 40-1-19 - Offenses; penalties.
Section 40-1-20 - [Marriages without license in 1905 validated.]