Note 1436 — Chapter XVI · A CENTURY AND A QUARTER OF MARRIAGE LEGISLATION IN THE UNITED STATES, 1776-1903 (continued 2)

Deering, Codes and Stat. of Cal. (1886), II, 18, 19, 20, 27; amended by act of March 26, 1895: Stat. and Amendments to the Codes (1895), 121. Compare the present law of South Dakota: Ann. Stat. (1899), II, 1018, 1022; Rev. Codes of S. D. (1903), 596; and that of Montana: Comp. Codes and Stat. (1895), 475, 477, 478, which in the definition declares that consent "must be followed by a solemnization, or by a mutual and public assumption of the marital relation." In the use of the word "public" the present law of Montana differs from that of California previous to 1895. Formerly the laws of Idaho and California were identical; but now the provision for declaration is omitted from those of Idaho, although the prescribed celebration is not essential to a valid marriage. Cf. Comp. and Rev. Laws of Idaho (1875), 642, 645; Rev. Stat. (1887), 301.