Cass County, N.D. Marriage Licenses

Collection

Identifier: Mss 253

Staff Only

Scope and Content

With the change of status for the Clerk of District Court position in North Dakota, the handling of marriage licenses in Cass County was transferred to the Treasurer's Office as of January 1, 2001. Rather than transfer the older records to the Treasurer's Office it was decided to transfer them to the State Archives for preservation. Through an on-going agreement between the State Archives and the Institute for Regional Studies at NDSU the marriage licenses with indexes were transferred to the NDSU Archives. The records transferred span from the beginning of recording marriages in the county in the late 1870s through July 1944. Along with the records are a series of index volumes that provide access by both the husbands' and the wives' names. Records after July 1944 are maintained by the Cass County Treasurer, 211 9th Street South, Fargo, ND 58103.

The Cass County marriage licenses have been organized into two series, indices and the licenses, following the order they had been kept at the courthouse and transferred to the Archives.

The Indices Series contains five index volumes. The first is a small, slender pocket notebook recording marriage information from 1877 to 1880 and likely is the earliest such record kept of marriages by the county. The next volume, marked “A,” likely was begun in 1880 and indexes all marriages to 1887 and also indexes the marriages found in the earliest notebook. This volume is arranged alphabetically by the groom’s name. There is no index to brides’ names. The next volume, also marked “A,” was begun around 1887 and includes index information from the earlier volumes. This volume is the first to record the date the license was issued, and the date and location of recording the license. This volume also has an alphabetical index by the bride’s name. Volumes “B” and “C” follow the same format.

An automated index has been prepared to the marriage licenses held at the Archives. A printed version is available in the public reading room.

The Marriage Licenses Series consists of the actual licenses and supporting documents and are arranged by license number. The county office used a consecutive numbering sequence for the licenses, starting with a number “1” on three occasions. The earliest license numbering sequence has an “A” added, done by Institute staff, and covers from 1879s to 1887. The “B” was added to the next number sequence. They cover from 1887 to 1890. The final number sequence beings with “1” and dates from 1890.

On July 1, 1890 an “Application for Marriage License” form was implemented. With the application there is also a second form with sections for “Marriage License” and “Certificate of Marriage.” Only from 1890 to 1897 does the application form ask for the names of the groom’s and bride’s parents. Later licenses have additional forms related to blood tests and communicable diseases.

Dates

1872-1944

Creator

Cass County (N.D.) (Organization)

Access

The collection is open under the rules and regulations of the NDSU Archives.

Copyrights

The NDSU Archives does not own the copyright.

History

The earliest Cass County marriage recorded, but filed years later, was for Samuel McPeters and Mary Peterson who were married on March 24, 1872. The first license recorded was for Anders Anderson and Christina Anderson who were married August 3, 1879. According to Dakota Territory law, marriage licenses were not required. Marriage certificates could, but were not required to, “be filed with the clerk of the city or town where the marriage was solemnized, or where either of the parties reside, or the register of deeds of such county …” The person solemnizing a marriage had to furnish a signed certificate of the marriage, but only upon request by the parties. The marriage certificates into 1886 consist only of a written statement by the person performing the wedding, giving the names of the bride and groom, and date and place of the wedding. Likely, marriages were performed in the county that were not recorded at the county courthouse. In 1886 a form began to be used that was completed by the person performing the wedding and returned to the courthouse.

In 1887 a federal law was implemented that required the person solemnizing a marriage to file a certificate of the marriage at the office of the probate court or in the office of the court having probate powers. At the first session of the North Dakota Legislature in 1889-1890 a law was passed requiring that a marriage license be obtained from the county court. The judge of the county court also was required to maintain a marriage record book. On July 1, 1890 an “Application for Marriage License” form was implemented.

Marriage licenses were handled in the Cass County Clerk of Court office until January 1, 2001, when the responsibility was transferred to the County Treasurer’s office.

Extent

41 Linear Feet (41 linear ft.)

Language of Materials

English

Additional Description

Abstract

Official records of marriage licences issued and recorded in Cass County from 1877 through 1944. A searchable database is available to all names in the records.