162 Urdahl—The Present Fee System in the United States. 
ence which the state exercises over the marriage relation. It is an 
important function, which most states have neglected to exer¬ 
cise in the interest of society. Only twenty-one states require 
any returns of marriages to be made to any state officer, and 
but few commonwealths have compulsory registration of mar¬ 
riages. It would take too long to give even an outline of the 
public services performed for which the license fee is charged, 
much less to trace the causes which brought about the legisla¬ 
tion. Suffice it to say, that the number and nature of the re¬ 
quirements as outlined in the statutes of the different states, 
varies very decidedly. One state requires a statement of the 
age of the parties and proof of their competency to contract 
marriage, before the license shall issue; another prescribes that 
bonds be given as a guarantee that the parties are entitled to 
marry; 1 another simply prescribes that the license, or the appli¬ 
cation for a license, be recorded in some office. Louisiana gives 
the probate judge power to suspend marriage, if any objections 
are raised, until a hearing has been had. Maine requires a 
notice of intention to marry to be recorded with the town clerk 
five days before the license is granted. Maryland requires an 
examination of the applicant for license, under oath, to ascer¬ 
tain whether any legal impediment to his or her marriage ex¬ 
ists. Massachusetts requires notice of intent to marry. 2 Penn¬ 
sylvania requires parental consent in certain cases. These and 
many other requirements are deemed important enough to be 
enacted into law, and for the exaction of fees for the services 
performed by the officials in carrying them out. The enforce¬ 
ment of these laws, in thirty-five states, is left to a mere cleri¬ 
cal official,— the county clerk, county recorder, or some other 
registering official. In the other states the licenses are dis¬ 
pensed by the county or probate judge. The fees for these serv¬ 
ices of the officials, and for the license proper, vary, as can be 
seen from the table in the appendix, from fifty cents to three 
dollars. 3 Several states require the fee for the license proper 
1 Kentucky, 1895, Ch. 7, p. 652. 
2 New Hampshire requires certificates of intention; fee one dollar. 
Statutes , 1884, 1518, par. 2. 
3 One state has charged as much as four dollars. Laws, Md., 1853, 
Ch. 86. 
