lands on execution: all which proceedings shall be stated in the official return upon such execution. SECT. 3. Whenever the personal estate of any such housekeeper or head of a family shall be attached or taken in execution, and the debtor therein shall claim that the same or any part thereof is the annual produce of said homestead, and the creditor and debtor do not agree about the same, the officer having such attachment or execution shall cause the same to be ascertained and set out to such debtor by appraisers to be appointed and sworn as is provided in the case of the levy of execution upon lands: which proceedings shall be stated in the officer's return of such attachment or execution. SECT. 4. If any such housekeeper or head of a family shall decease, leaving a widow, his homestead, of the value aforesaid, shall wholly pass to his widow, and children, if any there be, in due course of descent, without being subject to the payment of the debts of the deceased, unless made specially chargeable thereon, or for taxes assessed thereon; and the probate court shall appoint three commissioners, if necessary, to set out to such widow, or to such widow and children, such homestead. SECT. 5. Such homestead shall not be alienated or mortgaged by the owner thereof, if a married man, except by the joint deed of such husband and wife, executed and acknowledged in the manner provided for the conveyance of the lands of married women: provided, however, that such husband may, without the consent of his wife, mortgage such homestead, at the time of the purchase thereof, for the payment of the purchase money. SECT. 6. Such homstead shall be subject to attachment and execution upon any contract that may be made, and for all matters and causes of action which may accrue, previous to, or at the time of, the purchase of such homestead; and shall be subject to sale for non-payment of taxes, assessed thereon, and the time when the deed to the owner of such homestead shall be left in the town clerk's office, for record, shall be deemed the time of the purchase thereof, for the purpose mentioned in this act. SECT. 7. The costs and expenses of setting out such homestead, or its yearly produce, as provided in the second and third sections of this act, shall be charged and included in the officer's bill of fees upon such writ or execution. SECT. 8. This act shall take effect from and after the first day of December, A. D. 1850. CHAPTER 68. Husband and wife and the rights of married women. Guardians and wards. CHAPTER 69. CHAPTER 70. Masters, apprentices and servants. SECTION CHAPTER 66. MARRIAGE. BEING IDENTICAL WITH Chap. 62 of the Revised Statutes, pp. 318-321. 1, 2, 3. Marriage between certain relations prohibited. 4. Polygamy forbidden. 5. Intention of marriage, how and by whom to be published. 6. If no town clerk or minister reside in the town, publication to be in adjoining town. 7. Certificate of publication, by whom and for what purpose given. 8. Persons, under certain ages, not to be married, without the consent of parents or guardians. 9. Marriages, by whom to be solemnized. 10. Marriages among quakers. 11. Persons solemnizing marriages to keep SECTION record. Form of record. 12. Record to be kept by clerk, &c. of quak ers. 13. Copy of record to be returned to town 14. Penalty for not returning record. 16. Penalty for solemnizing marriage not au- 17. Penalty for solemnizing marriage by person not authorized. 18. Certain marriages valid, although irregu larly solemnized. SECTION 1. No man shall marry his mother, grandmother, stepmother, daughter, granddaughter, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister. SECT. 2. No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother, brother's son, sister's son, father's brother or mother's brother. SECT. 3. In all the cases, mentioned in the two preceding sections, in which the relationship is founded on a marriage, the prohibition shall continue in full force, notwithstanding the dissolution of such marriage by death or by a divorce, unless the divorce be for a cause, which shows the marriage to have been originally unlawful or void. SECT. 4. All marriages, contracted whilst either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved. SECT. 5. Previous to any marriage being solemnized between any two persons, the intention of such marriage shall be published, in some public meeting, in the respective towns in which the parties ordinarily reside, by a minister of the gospel or the town clerk of such towns; or such intention shall be posted at some public place, in such towns, in fair writing, and signed by the minister, town clerk, or, in their absence, by some justice of the peace, at least eight days before such intended marriage. SECT. 6. If both or either of the parties, intending to be married, live in a town or place in which there shall be no minister or town clerk, publication of such intended marriage shall be made in the town next adjoining, in which there shall be such minister or clerk, in the manner directed in the preceding section. SECT. 7. The person publishing the intention of marriage, as provided by the two preceding sections, shall deliver to the parties, or either of them, a certificate under his hand, that the intention of marriage between them has been published as above provided ; which certificate shall be delivered to the magistrate or minister, in whose presence the marriage is to be contracted, before he shall proceed to solemnize the same. SECT. 8. When a male, under the age of twenty-one years, or a female, under the age of eighteen years, is to be married, the magistrate or minister shall not proceed to solemnize the marriage, without the consent of the parent or guardian, having the custody of such minor, if there be any in the state competent to act. SECT. 9. Marriages may be solemnized by any justice, in the county for which he is appointed, and they may be solemnized throughout the state by any minister of the gospel, who has been ordained according to the usage of his denomination, and who resides within this state, and continues to preach the gospel and to perform the other functions of his office. SECT. 10. The regulations of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers, but such marriages may be solemnized in the manner heretofore used and practised in their societies. SECT. 11. Every justice and minister of the gospel shall make and keep a record of all marriages solemnized before him; which record shall be in the form following: State of Vermont, } County, ss. Be it remembered, that at in the county aforesaid, on this day of in the year in the county of in the county of were duly joined in marriage, By me, E. F., justice of the peace or minister. SECT. 12. The clerk or keeper of the records of the meeting, wherein any marriages among the said friends or quakers shall be solemnized, shall also make and keep a record of all such marriages, which record shall be in the form above prescribed. SECT. 13. Every justice and minister, who shall solemnize any marriage, and every clerk or keeper of the records of the meeting, wherein any marriage among the said friends or quakers shall be solemnized, shall return a certified copy of the record of such marriage, to the clerk of the town in which the marriage shall be solemnized, or where the intention of marriage was published, within sixty days after such marriage. SECT. 14. Every justice, minister and clerk or keeper of the records of the friends or quakers, who shall neglect to make such return, shall, upon conviction thereof, forfeit, for each neglect, the sum of seven dollars, to the use of the town to which such record is to be returned; to be recovered on the complaint of a grand juror of such town. SECT. 15. A certified copy of the record of any marriage, under the signature of any such minister, justice, clerk of the friends or quakers, or of the town clerk, shall be received in all courts and places as presumptive evidence of the fact of such marriage. SECT. 16. If any justice of the peace or minister shall join any persons in marriage, contrary to the provisions of this chapter, he shall, upon conviction thereof, forfeit a sum not less than ten, nor more than seventy dollars, to the use of any parent, guardian or master, or next friend to either of the parties so married, who may sue therefor, and recover the same, with costs. SECT. 17. If any person shall undertake to join others in marriage, knowing that he is not lawfully authorized so to do, and shall be thereof convicted, upon indictment in any county court, he shall be imprisoned, in the common jail, for a term not exceeding six months, or shall pay a fine, not less than one hundred, and not more than three hundred dollars. SECT. 18. No marriage, solemnized before any person professing to be a justice or a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed justice or minister, or on account of any omission or informality in the manner of the publication of the bans; provided, that the marriage be in other respects lawful, and be consummated with a full belief, on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. CHAPTER 67. DIVORCE. COMPILED FROM Chap. 63 of the Revised Statutes, pp. 321-327. Laws of 1840, 5. On whose application a marriage may be 30. Same subject. annulled on account of idiocy. 31. How notice to be given, when adverse party is out of the state. 6. When, and on whose application, a marriage may be annulled on account of lu- 32. nacy. 7. In lifetime of both parties, marriage may be 33. 8. Marriage of lunatic may be annulled, on his Court may order further notice, in certain case. Court may appoint guardian of respondent, if insane. 34. On dissolution of marriage for consanguinity, &c. issue to be deemed illegitimate. Wife to be protected from restraint during pendency of libel. 35. 9. Children of marriage, annulled for idiocy or lunacy, to inherit from parent of sound 36. While libel is pending, court may make ormind. der respecting minor children. On dissolution of marriage, court may make further order. Upon divorce, except for adultery, wife to hold her real estate. 12. Not to be annulled for that cause after vol- 39. Court may also decree to wife a share of untary cohabitation. 13. Custody of children of marriage, annulled the husband's estate-husband may be required to disclose on oath. for force or fraud, to be decreed to inno- 40. Court may appoint trustees of property cent parent; and they may be supported 14. Suit to annul marriage for physical inca awarded to wife. 41. In certain cases, the wife may be allowed alimony, &c. pacity, by whom and when to be brought. 42. Upon a divorce for adultery of wife, her 15. Sentence of nullity not to be made solely on confessions of parties. 16. Such sentence conclusive on parties, if living; otherwise, on parties in suit. 17. A marriage, the validity of which is denied or doubted, may be affirmed. 18, 19. Divorce from bond of matrimony, for what causes decreed. 20. Libels for divorce, in what court to be 47. Course of proceedings in suits under this brought. chapter. 21. What residence in state necessary to obtain 48. Effect of divorce. divorce. SECTION 1. All marriages, which are prohibited by law, on account of consanguinity or affinity between the parties, or on account of either of them having a former wife or husband then living, shall, if solemnized within this state, be absolutely void, without any decree of divorce or other legal process.* SECT. 2. When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned in the preceding section, either party may file a libel for annulling the same; the libel to be filed in the manner hereinafter prescribed; and, upon due proof of the nullity of the marriage, it shall be declared void, by a sentence of divorce or nullity. SECT. 3. The supreme court may, by a sentence of nullity, *Sections 1 to 23 being identical with the corresponding sections of chap. 63 of the Revised Statutes, the designation at the end of each is omitted. |