§ 51-21. Issuance of delayed marriage certificates. - North Carolina Statutes

§51‑21.  Issuance of delayed marriage certificates.

In all those cases where aminister or other person authorized by law to perform marriage ceremonies hasfailed to file his return thereof in the office of the register of deeds whoissued the license for such marriage, the register of deeds of such county isauthorized to issue a delayed marriage certificate upon being furnished withone or more of the following:

(1)        The affidavit of atleast two witnesses to the marriage ceremony;

(2)        The affidavit of oneor both parties to the marriage, accompanied by the affidavit of at least onewitness to the marriage ceremony;

(3)        The affidavit of theminister or other person authorized by law who performed the marriage ceremony,accompanied by the affidavit of one or more witnesses to the ceremony or one ofthe parties thereto.

(4)        When proof asrequired by the three methods set forth in subdivisions (1), (2), and (3) aboveis not available with respect to any marriage alleged to have been performedprior to January 1, 1935, the register of deeds is authorized to accept theaffidavit of any one of the persons named in subdivisions (1), (2), and (3) andin addition thereto such other proof in writing as he may deem sufficient toestablish the marriage and any facts relating thereto; provided, however, thatif the evidence offered under this paragraph is insufficient to convince theregister of deeds that the marriage ceremony took place, or any of thepertinent facts relating thereto, the applicants may bring a special proceedingbefore the clerk of superior court of the county in which the purportedmarriage ceremony took place. The said clerk of the superior court isauthorized to hear the evidence and make findings as to whether or not thepurported ceremony took place and as to any pertinent facts relating thereto.If the clerk finds that the marriage did take place as alleged, he is tocertify such findings to the register of deeds who is to then issue a delayedmarriage certificate in accordance with the provisions of this section.

The certificate issued by theregister of deeds under authority of this section shall contain the date of thedelayed filing, the date the marriage ceremony was actually performed, and allsuch certificates issued pursuant to this section shall have the sameevidentiary value as any other marriage certificates issued pursuant to law. (1951,c. 1224; 1955, c. 246; 1967, c. 957, s. 10; 1969, c. 80, s. 12.)