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SENATE BILL 67 (HAYMOND 1877)

CHAPTER 51, STATUTES OF 1877

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Senate Bill 67 was introduced on December 17, 1877 by Senator Creed Haymond of Sacramento.  (See Exhibits #1 and #5)  The Senator represented Sacramento County, and was a member of the Senate Committee on Judiciary.  In addition, he was a California Code Commissioner, instrumental in the development of the first four Codes of California (Civil, Civil Procedure, Penal, Political) adopted in 1872.  (See Exhibit #5)  This suggests the reason he carried this bill, which amended the 1872 Civil Code to add former Civil Code section 79 only.

 

Senate Bill 67 was referred to the Senate Committee on Judiciary on December 17, 1877.  (See Exhibit #3, page 44)    It was approved by the Senate on January 21, 1878.  (Id, page 139) 

 

In the Assembly the bill was referred to the Assembly Committee on Judiciary on or about January 22, 1878.  (See Exhibit #4, page 250)   The Assembly approved the measure on January 31, 1878.  (See Exhibit #3, page 181 and #4, page 285)  Governor William Irwin approved the bill on February 12, 1878.  (Id., page 219)

 

The provisions of former Civil Code section 79, precursor to current Family Code section 500, as enacted provides:

 

When unmarried persons, not minors, have been living together as man and wife, they may, without a license, be married by any clergyman.  A certificate of such marriage must, by the clergyman, be made and delivered to the parties, and recorded upon the records of the church of which the clergy man is a representative.  No other record need be made.

(See Exhibit #2)