"Prior to 26 June 1881, no marriage license was required; the marriage was recorded at any convenient courthouse."
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The Geography of Marriage: Or, Legal Perplexities of Wedlock In The United States--Use Google Book Search--pg 258
Prior to 1881 a marriage license was not required, but the duty of the ascertaining whether the legal parties has a right to marry devolved on the person performing the marriage.
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Gay