Marriage bond

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1836 marriage bond of Edgar Allan Poe and Virginia Eliza Clemm Poe PoeMarriage.JPG
1836 marriage bond of Edgar Allan Poe and Virginia Eliza Clemm Poe

A marriage bond was a type of surety bond guaranteeing that two people were legally available to marry each other, free of complications like being legally underage, [1] having too close a genetic relationship, [1] having other extant marriages, etc. [2] A marriage bond is legally distinct from a marriage license or a marriage certificate, although all three types of records are used in genealogical research as evidence of marriage. [2] Marriage bonds are also not to be confused with marriage contracts or prenuptial agreements. [3] Marriage banns were similar in practice although usually lacked the explicit financial guarantees. [4] The person who co-signed the marriage bond was called the guarantor, security, bondsman [5] or surety, [2] and was often a relative of the prospective groom or bride. [5] Most marriage bonds have an amount of money listed but "no money literally changed hands at the time of posting the bond" rather that was a penalty amount "if an impediment to the marriage was found." [6] The dates of marriage bonds may not (and likely do not) correlate with the actual date the marriage was performed. In some cases a bond document exists but no actual wedding ever took place. [3]

Marriage bonds were used in Great Britain and colonial North America. [2] [6] In parts of Great Britain, those who wanted to circumvent a reading of the banns for the traditional three weeks could apply for a marriage license, which required an allegation of legality and/or a bond. [7] The use of marriage bonds in many British counties ended in 1823. [8] [7] Upper and Lower Canada required marriage bonds if the wedding was to be performed by someone other than a Catholic or Anglican officiant. [9] Some southern and mid-Atlantic U.S. states carried the colonial practice of using marriage bonds forward into the mid-1800s. [2] [6] Knox County, Tennessee had a $1250 required surety until 1929. [10]

Marriage by bond occurred in Spanish colonial Texas. [1] In this case the bond surety was a guarantee that a couple would be legally married, as was required by law, by a Catholic priest when one visited nearby or when the couple traveled to a settlement with an established church. Thus, marriage records in early Texas sometimes have a notation to the effect of "previously married by bond" and/or may have two entries for the same couple: their bond-marriage date and their certified marriage date. [11] [12]

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<span class="mw-page-title-main">Spouse</span> Partner in a marriage or similar union

A spouse is a significant other in a marriage. The word 'spouse' can only ever be used when a couple is married legally or by common law. A male spouse is called a husband while a female spouse is called a wife.

The banns of marriage, commonly known simply as the "banns" or "bans", are the public announcement in a Christian parish church, or in the town council, of an impending marriage between two specified persons. It is commonly associated with the Catholic Church, the Church of Sweden (Lutheran), the Church of England (Anglican), and with other Christian denominations whose traditions are similar. In 1983, the Catholic Church removed the requirement for banns and left it to individual national bishops' conferences to decide whether to continue the practice, but in most Catholic countries the banns are still published.

<span class="mw-page-title-main">Wife</span> Female spouse; woman who is married

A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

<span class="mw-page-title-main">Bounty hunter</span> Person who catches fugitives for a monetary reward

A bounty hunter is a private agent working for a bail bondsman who captures fugitives or criminals for a commission or bounty. The occupation, officially known as a bail enforcement agent or fugitive recovery agent, has traditionally operated outside the legal constraints that govern police officers and other agents of the state. This is because a bail agreement between a defendant and a bail bondsman is essentially a civil contract that is incumbent upon the bondsman to enforce. Since they are not police officers, bounty hunters are exposed to legal liabilities from which agents of the state are protected as these immunities enable police to perform their functions effectively without fear of lawsuits. Everyday citizens approached by a bounty hunter are neither required to answer their questions nor allowed to be detained. Bounty hunters are typically independent contractors paid a commission of the total bail amount that is owed by the fugitive; they provide their own professional liability insurance and only get paid if they are able to find the "skip" and bring them in.

Marriageable age, marriage age, or the age of marriage is the general age, a legal age or the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriage age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same.

<span class="mw-page-title-main">Fleet marriage</span>

A Fleet marriage was a common example of an irregular or a clandestine marriage taking place in England before the Marriage Act 1753 came into force on March 25, 1754. Specifically, it was one which took place in London's Fleet Prison or its environs during the 17th and, especially, the early 18th century.

<span class="mw-page-title-main">Courtship</span> Period in a couples relationship which precedes their engagement and marriage

Courtship is the period wherein some couples get to know each other prior to a possible marriage or committed romantic, de facto relationship. Courtship traditionally may begin after a betrothal and may conclude with the celebration of marriage. A courtship may be an informal and private matter between two people or may be a public affair, or a formal arrangement with family approval. Traditionally, in the case of a formal engagement, it is the role of a male to actively "court" or "woo" a female, thus encouraging her to understand him and her receptiveness to a marriage proposal.

A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal.

A performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. The term is also used to denote a collateral deposit of good faith money, intended to secure a futures contract, commonly known as margin.

<span class="mw-page-title-main">Same-sex marriage in Ontario</span>

Same-sex marriage has been legal in Ontario since June 10, 2003. The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Reverend Brent Hawkes on January 14, 2001. The legality of the marriages was questioned and they were not registered until after June 10, 2003, when the Court of Appeal for Ontario in Halpern v Canada (AG) upheld a lower court ruling which declared that defining marriage in heterosexual-only terms violated the Canadian Charter of Rights and Freedoms.

In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor".

<span class="mw-page-title-main">Bail bondsman</span> Agent that secures an individuals release in court

A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.

A supersedeas bond, also known as a defendant's appeal bond, is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until an appeal is over.

In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.

A fidelity bond or fidelity guarantee is a form of insurance protection that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest acts of its employees.

A bid bond is issued as part of a supply bidding process by the contractor to the project owner, to provide guarantee, that the winning bidder will undertake the contract under the terms at which they bid.

<span class="mw-page-title-main">Miller Act</span> US federal commerce legislation

The Miller Act requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.

<span class="mw-page-title-main">Little Miller Act</span> State legislation in the United States

A "Little Miller Act" is a U.S. state statute, based upon the federal Miller Act, that requires prime contractors on state construction projects to post bonds guaranteeing the performance of their contractual duties and/or the payment of their subcontractors and material suppliers.

Posthumous marriage in France is legal but must be approved by several civil servants and the family of the deceased. France is one of the few countries in which it is legal to marry a partner posthumously.

References

  1. 1 2 3 "10 Types of Marriage Records for Family History Research". ThoughtCo. Archived from the original on 2023-03-26. Retrieved 2023-06-14.
  2. 1 2 3 4 5 "Back to the Basics with Marriage Records Part 1: Marriage Bonds". Family Locket. 2022-12-11. Archived from the original on 2023-01-28. Retrieved 2023-06-14.
  3. 1 2 Morgan, George G. (2018-11-24). "How to Read and Understand Marriage Bonds". Family Tree Magazine. Retrieved 2023-06-14.
  4. SHUE, KEVIN (2007-08-24). "IT'S ALL RELATIVE: On good terms with historic marriage verbiage". LancasterOnline. Retrieved 2023-06-14.
  5. 1 2 "Marriage Bonds: A Closer Look at Marriage Records #2Ancestral Findings". June 25, 2021. Archived from the original on May 19, 2022. Retrieved June 14, 2023.
  6. 1 2 3 Dehler, Tamie (2007-08-11). "Genealogy: Think of a marriage bond as an intention to marry". Terre Haute Tribune-Star. Archived from the original on 2022-08-08. Retrieved 2023-06-14.
  7. 1 2 "What is a marriage bond?". Who Do You Think You Are Magazine. Archived from the original on 2023-05-22. Retrieved 2023-06-14.
  8. "MARRYING BY LICENCE: MARRIAGE BONDS AND ALLEGATIONS" (PDF). York.ac.uk. Archived (PDF) from the original on 2023-02-26. Retrieved 2023-06-14.
  9. Canada, Library and Archives (2013-03-19). "Marriage Bonds, 1779-1858 - Upper and Lower Canada". www.bac-lac.gc.ca. Archived from the original on 2023-03-07. Retrieved 2023-06-14.
  10. "Knox County marriage index, 1901–1950 | Knox County Public Library". www.knoxcountylibrary.org. Archived from the original on 2023-03-12. Retrieved 2023-06-14.
  11. Livingston, Ronald Howard. "Marriage Banns, Marriage Bonds, and Marriage by Bond". history.brazoriaresearch.com. Retrieved 2023-06-14.
  12. Hans W. Baade, Form of Marriage in Spanish North America, 61 Cornell L. Rev. 1 (1975) Available at: http://scholarship.law.cornell.edu/clr/vol61/iss1/1