Any person who shall in any affidavit or statement required or provided for in this article wilfully and falsely swear in regard to any material fact as to the competency of any person for whose marriage the license in question or concerning the procuring or issuing of which such affidavit or statement may be made shall be deemed guilty of perjury and on conviction thereof shall be punished as provided by the statutes of this state.
Kellogg v. Kellogg, 122 Misc. 734, 738, 203 N.Y.S. 757, 761 (Sup. Ct. 1924)
It is apparent from the reading of these sections that if the parties make an affidavit that they are of the statutory age, it is not the duty of the clerk to inquire as to the facts, but it is his duty to issue the license. His act is purely ministerial.
Section 16 of the act makes willful false swearing upon an application for a marriage license in regard to any material fact as to the competency of any person to marry, perjury.