§ 16-119-107 — Restoration of marriage records

Arkansas § 16-119-107

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) In cases where any marriage has been legally solemnized in any county, and the certificate of marriage required by law to be filed in the office of the recorder for the county, together with the record thereof, has been lost, destroyed, or burned, it shall be the duty of the person who solemnized the marriage, at the request and on the demand of either of the parties between whom the marriage was solemnized, to furnish him, her, or them, under his or her hand, a certificate of marriage. (2) The certificate, in addition to setting forth the date of the marriage and the names, ages, and residences of the parties at the time the marriage ceremony was performed between them and that he or she performed the marriage ceremony between them, shall also set forth in what capacity the person granting the certificate acted, whether as a judge, justice of the peace, minister, priest, or otherwise, at the time of the solemnization of the marriage, and that the original certificate of the marriage was made out by him or her and duly filed in the office of the clerk and recorder for the county, as required by law. (3) The person so receiving the certificate may, within ninety (90) days after procuring the certificate from the person who solemnized the marriage, file the certificate in the office of the clerk and recorder of the county, whose duty it shall be to record the certificate in his or her record of marriage certificates. (4) The certificate shall relate back and have full force and effect from the date of the solemnization of such marriage. (b) (1) In case the person who solemnized the marriage has died or resides beyond the limits of this state so that the certificate cannot be obtained, then the parties between whom the marriage was originally solemnized, or the one surviving if either be dead, or their heirs, by their guardian, in case both the parties are dead, wishing to reinstate the record of the marriage may file their petition in the office of the clerk of the county court setting forth therein the substance of the original marriage certificate or the time when and the person by whom the marriage was performed, in what capacity the person acted, whether as judge, justice of the peace, minister, or priest, and that the certificate, with the record thereof, was lost, destroyed, or burned. (2) Upon hearing the petition, if the county court is advised of the truth of the matters contained in the petition, it shall decree that the marriage record be reinstated upon the records of the recorder's office, and the clerk of the court shall certify a copy of the petition and decree down to the recorder, who shall record them. (3) The marriage record shall relate back and have the same force and effect from the time when the marriage ceremony was first performed as though the original record had never been lost, destroyed, or burned. (4) No such decree shall be made or rendered by the county court unless: (A) The petition has been filed in the office of the clerk of the county court, verified by the affidavit of the petitioner or some other reputable person for him, her, or them; and (B) The petitioner has caused a notice of the intended application to be published in some newspaper printed in the county at least six (6) weeks before filing the petition with the county court calling on all persons who might feel themselves concerned to file notice with the county court as to why the record should not be reinstated upon the records of the recorder of the county. If no newspaper is printed in the county at the time of the publication, then the publication may be made in some newspaper printed in the City of Little Rock, Arkansas.

Legislative History

Acts 1855, § 4, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8347, 8348; Pope's Dig., §§ 10938, 10943, 10944; A.S.A. 1947, §§ 16-406, 16-411, 16-412; Acts 1997, No. 1044, § 1.