
    Brewer vs. Kingsberry.
    [On account of providential cause, Jackson, Chief Justice, did not preside in this case.]
    No authority is granted by the laws of this state to any one to grant marriage licenses except the ordinary, his deputy or clerk. The duty is not wholly ministerial; but to these officers is entrusted a public duty looking to the protection of parents and guardians by making proper inquiries as to the age of the female, and refusing licenses for the marriage of females known to them to be domiciled in another county. For an ordinary to issue marriage licenses in blank to one who was wholly unauthorized to determine the rights of parties to receive them, was illegal, and the ordinary cannot recover 'amounts received by such person for licenses so disposed of by him, under a contract, express or implied.
    November 28, 1882.
   Crawford, Justice.'  