Page images

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clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.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 all be in the year of our Lord, one thousand seven hundred and fifty-one.


An Act concerning Marriages.

I. BE it enacted, by the Lieutenant Governor, Counsil, and Burgesses, of this present General Assembly, No personi 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

ministers or joining persons in marriage, without such licence, marrying or publication of banns, as by this act required, he otherwaye 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

Vol. 6.

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, Tbat 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 justicof 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 parisli, 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.

And that all or any of the offences aforesaid may be prosccuted, 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. The manner

11. And be it further enacted by the authority aforeof issuing said, That every licence for marriage shall be issued marriage lie 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 listy pounds current money, to our sovereign lord the king, bis 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 curWhere an

rent money: And if either of the parties intending to infant mar. marry, shall be under the age of one and tiventy ries. 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



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 law

Penalties on ful licence: And if any county court clerk shall,

issuing or in any other manner, issue or certify any marriage signing lilicence, or if any person whatsoever, shall presunie cence, con. to 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 imprisonell 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.

III. And be it further enacted, by the authority afore. In what case said, That if any feme sole, of the age of twelve and a feme under 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. 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 hier 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.


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

consent, every minister, clerk, or reader, so offendOn servants ing, shall forfeit and pay ten thousand pounds of married, and tobacco, forevery such offence, recoverable in any court free persons of record of this colony: And every such servant, so marrying such. married without consent of his or her master or own

er, shall serve him or her, and his or her assigns, one whole year, after all other time of service is expired, or pay him or her five pounds current money, and every free person, so marrying such servant, shall pay the master or owner five pounds current money, for his or her own use, recoverable in any county court, with costs, or shall well and faithfully serve such master or owner one whole year, in actual ser

vice. Fees for V. And be it further enacted, by the authority aforemarriages. said, That every county court clerk shall, in October

annually, deliver to the governor, or commander in chief of this dominion for the time being, a true list of all marriage licences by hiin issued: And that the fees due and demandable upon marriages, be as fol. ļows, to wit, To the governor, or commander in chief for the time being, for every marriage licence, twenty shillings, to be paid to the county court clerk before licence issued, and by him to be accounted for at the time aforesaid; to the minister, if by licence, twenty shillings, by banns five shillings; for publishing banns, and certificate thereof where required, one shilling and six pence, and no more, and every minister shall have the benefit of the fees arising within his parish

for marriages, and also for funeral sermons, if he shall For a fune. not neglect or refuse to serve, although another minral sermon. Penalty for

ister be employed to do the same; which fce, for every exacting

funeral screen, where preached upon request, shall greater fees. be sorty shillings, and no more: And if any minister

shall refuse to celebrate the rites of matrimony for the fees herein before allowed him, or shall exact other, or greater fees, or if he, or any parish reader, or clerk, shall refuse to publish the banns, or to certify the same when required, for the fee aforesaid, or exact any other or greater fee, every person so offending

shall forfeit and pay two thousand pounds of tobacco, How the for- to the party grieved, for every such offence, recoverafeitures shall ble in any county court of this dominion: And that one be recovered and

moiety of all forfeitures arising by this act, and not applied. otherwise appropriated, shall be to our sovereign lord

the king, his heirs and successors, for and towards

the better support of this government, and the contingent charges thereof, the other moiety to the party or parties who shall inform or sue for the same; and all the forfeitures aforesaid shall be recoverable with costs, by action of debt, or information, in any court of record by this act declared to have cognizance Repealing

clause. thereof.

VI. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of queen Anne, intituled, An act concerning marriages, and every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby re- Commencepealed.

VII. And be it further enacted, by the authority said, that this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of vur Lord, one thousand seven hundred and fifty-one.



An act for ascertaining the damage upon

protested bills of exchange; and for the better recovery of debts due on promis. sory notes; and for the assignment of bonds, obligations, and notes.

I. WHEREAS bills of exchange are accounted, in Preamble. the course of all payments in this colony, as ready money, and it is reasonable, for advancing the credit and circulation of such bills, to make the same a sufficient security, and to expedite the recovery of money thereupon.

II. Be it therefore enacted by the Lieutenant Govern- Ten per ct. or, Council, and Burgesses of this present General As- per annum. sembly, and it is hereby enacted, by the authority of the same, That where any bill of exchange is or shall be Damage up. drawn for the payment of any sum of money, in which

on protested

bills. the value is or shall be expressed to be received, and such bill is or shall be protested for non-acceptance, or non payment, the same shall carry interest from

« PreviousContinue »