committed to the county gaol, there to remain until he, she, or they, give sufficient security, for his, her, or their, good behaviour for twelve months, next after such conviction.

VI. And be it further enacted, by the authority afore- on ordinary said, That if any ordinary keeper shall suffer or per- keeper, who mit any person or persons whatsoever, to play at any permits ga ming. unlawful game, or games whatsoever, in his house, shed, booth, arbour, or stall, either by night or day, every such ordinary keeper, being thereof convicted before any justice of peace, by the oath of one or more credible witness or witnesses, confession, or view of a justice as aforesaid, shall forfeit and pay five pounds current money, to be levied and applied in like manner as the other last mentioned fine of five pounds, is by this act directed to be levied and applied: And if On justices any justice or justices of peace shall be present at any to put this neglecting unlawful gaming, at any time or place, except in pri- act in exe-vate houses, and shall neglect to issue his warrant for cution. levying the fine, on every person so gaming, or betting, every such justice shall forfeit and pay five pounds, one half to the informer, and the other half to the churchwardens, to the use of the poor of the parish, recoverable with costs, by action of debt, or information, in any county court.

court.

VII. Provided always, That any person aggrieved Liberty of by the judgment of any justice of peace, upon any con- appeal to the viction for any of the offences in this act, cognizable before him, may appeal to the next court to be held for the county where such person shall be convicted, but shall give reasonable notice of such appeal, to the party prosecuting him or her, and shall also enter into recognizance, with two sufficient sureties, before some justice of the county wherein the judgment was given, on condition, to try such appeal at the next court held for the same county after entering such appeal; which shall be by the said court then heard and finally determined: Provided also, That no such judgment shall be set aside for want of form, wherein it shall appear to the court, that the facts were sufficiently proved at the trial; nor shall any such judgment be removed, or removable, by appeal, or any writ or process whatsoever, into the general court.

VIII. And be it further enacted, by the authority Punishment aforesaid, That if any person or persons whatsoever, of cheats. do or shall, at any time or times, by any fraud, shift,

Gamestere may be bound to good beha. viour, or

committed.

Penalty on gaming quarrels.

cozenage, circumvention, deceit, unlawful device, or evil practice whatsoever, in playing at or with cards, dice, or any other game or games, or in, or by bearing a share, or part in the stakes, wagers, or adventures, or in, or by betting on the sides, or hands of such as do, or shall play, win, obtain, or acquire to him, or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, every person so winning by such ill practice, and being thereof convicted, upon indictment, or information, shall forfeit five times the value of the money, or other thing so won, and shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury: And such penalty shall be recoverable, with costs, by any person or persons suing for the same, by action of debt, in any court of record of this dominion, having cognizance thereof.

IX. And whereas divers lewd and dissolute persons live at great expences, having no visible estate, profession, or calling, to support them, but by gaming only, Be it therefore further enacted, by the authority aforesaid, That it shall be lawful for any two justices of peace, in any county or corporation, to cause to come, or be brought before them, every person, within their respective limits, whom they shall have just cause to suspect to have no visible estate, profession, or calling, to maintain himself by, but for the most part supporting himself by gaming; and if such person shall not make it appear to such justices, that the principal part of his expences is not maintained by gaming, they shall require of him sufficient securities for his good behaviour for the space of twelve months, and on refusal thereof, shall commit him to the common gaol, there to remain until he shall find such securities: And if such person shall give such securities, and afterwards within that time, shall play, or bett, for any money, or other valuable thing whatsoever, such playing, or betting, shall be a breach of the behaviour, and a forfeiture of the recognizance given for the same.

X. And to prevent quarrels happening by gaming, It is hereby further enacted, That if any person shall assault, and beat, or shall challenge, or provoke to fight, any other person or person whatsoever, upon account of any money, or other thing won by gaming, or betting, the person and persons so assaulting,

beating, challenging, or provoking to fight, being thereof convicted, shall forfeit to the party grieved, ten pounds current money, to be recovered, with costs, by action of debt, in any county court; and moreover, shall be liable to the action of the party grieved, at the common law.

XI. And be it further enacted, by the authority afore- Repealing said, That all and everyother act and acts, clause clause. and clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

XII. And be it further enacted, by the authority afore- Commence said, That this act shall commence and be in force, ment. from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XXXII.

An Act concerning Marriages.

shall be mar

I. BE it enacted, by the Lieutenant Governor, Counsil, and Burgesses, of this present General Assembly, No person and it is hereby enacted by the authority of the same, ried without That no minister shall celebrate the rights of matri- licence, or mony between any persons, or join them together as publication man and wife, without lawful licence, or thrice publi of banns. cation of banns according to the rubric in the book of common prayer; and if the persons to be married dwell in several parishes, the banns shall be published in each parish, and the minister of the one parish shall not solemnize the matrimony, until he have a certificate from the minister of the other parish, that the banns have been thrice published, and no objection made against the parties joining together: And if any minister shall celebrate the rites of matrimony, Penalty on or joining persons in marriage, without such licence, marrying or publication of banns, as by this act required, he otherways. shall for every such offence be imprisoned one whole year, without bail or mainprise, and shall also forfeit and pay five hundred pounds current money; and if L- Vol. 6.

ministers

any minister shall go out of this government, and there join in marriage, any person or persons belonging to this colony, without such licence, or publication of banns, he shall be liable to the same penalties and forfeitures, as if such marriage had been by him celebrated within this dominion: Provided always, That where any parish or parishes have not a minister, the clerk or reader may publish banns, and if no objection be made, grant certificate thereof, which, together with a certificate, under the hand and seal of a justice of the peace for the said county, living in the parish where such publication shall be, certifying, That the feme so to be joined hath been an inhabitant of the said parish, one month next before the date of such certificate, shall be sufficient for any minister to solemnize the rites of matrimony: And if any minisOn granting ter, clerk, or reader, shall grant or issue a false cera false certi- tificate, he shall suffer the imprisonment without bail, ficate of the and pay the forfeiture aforesaid, and shall also be liabanns being ble to be prosecuted and punished as in case of forgery:

published.

The manner of issuing marriage li

cences.

Where an

infant marries.

And that all or any of the offences aforesaid may be prosecuted, tried, and determined, in any court of record of this dominion; which courts are hereby declared to have cognizance thereof, and may hear and determine the same, and award execution thereupon, according to the course of the common law.

11. And be it further enacted by the authority aforesaid, That every licence for marriage shall be issued by the clerk of the court of that county wherein the feme usually resides, in manner following, that is to say, He shall take bond with good surety for the sum of fifty pounds current money, to our sovereign lord the king, his heirs and successors, with condition, that there is no lawful cause to obstruct the marriage, for which the licence shall be desired; and every clerk failing herein, shall forfeit and pay fifty pounds current money: And if either of the parties intending to marry, shall be under the age of one and twenty years, and not theretofore married, the consent of the father, or guardian, of every such infant, shall be personally given before the said clerk, or certified under the hand and seal of such father, or guardian, attested by two witnesses, and thereupon the clerk shall issue licence, and certify that bond is given; and if the parties, or either of them, be under the age aforesaid, he shall also certify the consent of the father, or

Penalties on

guardian, and the manner thereof, to the first justice sworn in commission of the peace, or in his absence to the next justice sworn in that county, who is hereby authorised and required to sign and direct the same: And every licence so obtained and signed, and no other whatsoever, is hereby declared to be a lawful licence: And if any county court clerk shall, Issuing or in any other manner, issue or certify any marriage signing li licence, or if any person whatsoever, shall presume cence, conto sign or direct such licence in other manner, or trary to this without such certificate as by this act is required and directed, every person so offending shall be imprisoned one whole year, without bail or mainprize, and shall forfeit and pay five hundred pounds current money; all which penalties shall be cognizable as aforesaid.

act.

inheritance.

III. And be it further enacted, by the authority afore. In what case a feme under said, That if any feme sole, of the age of twelve and twelve, and under sixteen years, shall marry any person whatso- above sixever, contrary to the will or consent of her father or teen years, guardian, and without legal publication of the banns, forfeits her then the next of kin to such feme to whom the inheritance should descend, or come, shall have right to enter upon, and take possession of all lands, tenements, hereditaments, and other real estate whatsoever, which such feme, at the time of her marriage, had in possession, reversion, or remainder, and shall have, hold, occupy, and enjoy the same, to him or her, and the representatives of his or her stock, with all the immunities and privileges thereto belonging, during the time of such coverture: but after determination thereof, all such estate, and the possession, reversions, and remainders, rights, immunities, and privileges, shall immediately revest, be, and remain in the said feme, and her heirs, other than her husband, and she, and they, and every of them, may re-enter, and take possession thereof, as if this Penalties on act had never been made. publishing banns, or

IV. And be it further enacted by the authority afore- marrying said, That if any minister, clerk, or reader, shall any servant. wittingly publish the banns of marriage between any servants, by act of parliament, act of assembly, indenture, or custom, or between any free person and such servant; or, if any minister shall knowingly marry any such, without certificate from the master, or owner, of every such servant, that it is with his or her