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been first married at the time of his arrival here, and shall have no other effect.

Sec. 3. If during her separate residence such married woman shall have obtained a decree of divorce against her said husband, under the laws of this state, or if her said husband previous to his coming into this state shall have caused the marriage contract to be dissolved by an act or decree of divorce obtained against her in any state or country in any suit or proceeding to which she is not a voluntary party nor present thereat, so as to have like opportunity of defence as she would have if such suit were brought against her in this state, she shall not thereafter be liable in this state, provided, that she shall have resided therein for the space of six months, to be deprived by her said late husband of her separate earnings therein, nor of any property not derived from him, which she may have lawfully acquired or possess, nor of the custody of any infant child ; unless upon petition of her said late husband to the supreme court, in the county where she resides, served upon her by copy, thirty days at least before the sitting of the court, and setting forth substantially the whole subject matter of complaint against her, it shall be made to appear by evidence that she is not a person of good moral character, suitable to have charge of her children, or unless the court thereupon in its discretion, having due regard to the well being of the infant, order its custody to be changed.

Sec. 4. The supreme court upon application of any such woman, either before or after said divorce, on her giving satisfactory evidence of her having resided two years in this state next before said application separate from her husband, and without being supported by him, may appoint a guardian of the person and estate of said children, in the same manner that courts of probate are now authorized to appoint guardians of minors.

An Act to prevent Clandestine Marriages. SECTION

ent towns.

SECTION 1. Intention of marriage to be published. 9. Penalty for joining persons in mar2. Form and manner of publication.

riage without publication, &c. 3. Parties living in same town-in differ. 10. Penalty for joining, &c.; husband or

wife living 4. Penalty for defacing publication. 11. Penalty for being married contrary to 5. Who may join persons in marriage this act. witnesses present.

12. Friends, &c., may be married accord6. Parties to produce certificate of pub- ing to their rites. lishment, in case.

13. Penalty for marrying a white person 7. Also, if coming from another state. to a black-marriage void. 8. Objections to marriage how made.

It is enacted by the General Assembly, as follows :

SECTION 1. All persons who are desirous of being joined in the estate of matrimony shall cause their intention of marriage to be published, either by a justice of the supreme court or court of common pleas, or by some ordained minister or elder of any religious denomination, who shall be domiciled in this state, or by the town clerk of the town in which the publication is made.

Sec. 2. Such publication, if made by a justice of the supreme court or court of common pleas or town clerk, shall be in writing under his hand, in the following form:

Know all men by these presents, that

of and of

have declared unto me their intention of marriage: I do hereby make public the said intention; if

any person knows any just cause or impediment why these two persons should not be joined together in marriage, they may declare the same as the law directs. Given under

my hand at

this

day of

Which shall be posted up in some public place by said justice or town clerk, for the space of fifteen days. If made by any such minister or elder, it shall be by him openly announced three several Sundays, holydays or other days of public worship, in the public meeting for worship.

Sec. 3. If both parties reside in the same town, such publication may be in such town only; if they reside in different towns, such publication shall be in the towns in which they reside.

Sec. 4. If any person shall deface or pull down any publication posted up as before directed, he shall forfeit and pay the sum of two dollars; to be recovered by action of debt, one half to and for the use of the state, and the other to and for the use of the person who shall sue for the same.

Sec. 5. Any minister or elder domiciled in this state, and any justice of the supreme court, may join persons in marriage in any town in this state, and any justice of the court of common pleas shall have like authority within his county: provided, such persons applying to be so joined in marriage may lawfully be joined in marriage, and have been lawfully published. The solemnization of marriage shall be in the presence of two witnesses at least, besides the officer or minister officiating.

Sec. 6. When any persons belonging to this state shall apply to any officer or minister, any other than him who published the intention of such marriage, to be married by him, they shall produce an authenticated certificate or certificates of being duly published according to law.

Sec. 7. If any person or persons shall come from another state into any town in this state to be married, they shall produce a certificate under the hand of lawful authority, where such person or persons dwell, that they have been duly published according to the laws of such state.

Sec. 8. If any person shall have any lawful objection against the solemnization of marriage between any two parties, who shall have caused publication of their intention to be made, he may in writing and under his hand state the same to the officer or to the minister making such publication or about to solemnize such marriage; whereupon such officer or minister shall proceed no further in relation to such marriage, until such lawful objection shall be removed.

Šec. 9. Every person authorized by law to join persons in marriage, who shall be convicted of joining persons to gether without due and lawsul publication, or when the solemnization of such marriage has been lawfully objected to and the impediment not removed, shall be imprisoned not exceeding six months, or fined not exceeding one thousand dollars.

Sec. 10. Every person authorized by law to join persons in marriage, who shall be convicted of marrying any man or woman whom he knows to have a husband or wife living, or who he knows has had a husband or wife, and does not know that such husband or wife is dead in fact or in law, or that the person offering to be married has been lawfully divorced, shall be imprisoned not exceeding six months, or fined not exceeding one thousand dollars.

SEC. 11. Whosoever shall be married without duly proceeding, as by this act is required, shall be fined not exceeding fifty dollars.

Sec. 12. Any marriage which may be had and solemnized amongst the people called Quakers or Friends, in the manner and form used or practised in their societies, or amongst persons professing the Jewish religion according to their rites and ceremonies, shall be good and valid in law, any thing in this act to the contrary notwithstanding.

Sec. 13. No person by this act authorized to join persons in marriage shall join in marriage any white person with any negro, indian or mulatto, on the penalty of two hundred dollars; to be recovered by action of debt, one moiety thereof to be paid to and for the use of the state, and the other moiety

REGISTERING MARRIAGES, BIRTHS AND BURIALS.

269

to and for the use of him who shall prosecute for the same; and all such marriages shall be absolutely null and void.

An Act for registering Marriages, Births and Burials.

SECTION

SECTION
1. Clergyman, &c., shall lodge certificate 4. Town clerk shall record all such cer-
of marriage with town clerk.

tificates.
2. Parent shall lodge certificate of birth. 5. Penalties how recovered.
3. Executor, &c., certificate of decease.

son of

day of

It is enacted by the General Assembly, as follows:

SECTION 1. Every person authorized by law to join persons in marriage shall, within sixty days after the solemnization of any marriage, lodge with the town clerk of the town in which such marriage was solemnized, a certificate of such marriage, in the following form, to wit: “I hereby certify that of

and of daughter of were lawfully united in marriage on the

by me :)

and
pay

him for recording the same the sum of ten cents, upon the penalty of five dollars for every neglect.

Sec. 2. Every parent shall lodge with the town clerk of the town in which he resides, a certificate signed by himself of the birth of each of his children, within two months after birth, upon the penalty of one dollar for every neglect.

Sec. 3. The executor or administrator of every deceased person shall, within two months after the granting of letters testamentary or of administration, and if the deceased be a minor, then the parent or guardian of the deceased shall, within two months from the death of said minor, lodge with the town clerk of the town in which the deceased last dwelt, a certificate in writing under his hand of the time of the death of the deceased, upon the penalty of one dollar.

Sec. 4. The town clerk of each town shall record the certificates of marriages, births and deaths, so lodged with him for record, in a proper book or books, to be kept for such purpose only, upon the penalty of ten dollars for each neglect.

Sec. 5. "All penalties under this act may be sued for and recovered by action of debt, before any justice of the peace in the town where they are incurred, by the treasurer of said town, to and for the use of the said town: provided, always, that such suit be brought within two years after the right of action accrued.

1

An Act concerning the Property of Married Women.

SECTION

SECTION 1. Certain property possessed by a woman 5. Property liable for debts of wife con

before marriage, &c., secured to her tracted before marriage.
sole use.

6. Actions to be joint; amount recovered 2. Furniture, stocks, mortgages, &c., may be invested in name of wife.

possessed by wife, shall not be sold, 7. Supreme court may appoint trustees

&c., unless by joint deed, except, &c. of the property, &c. 3. Married woman may dispose of her 8. Property owned by married woman personal property by will.

before this act takes effect, not affect4. Husband tenant by the curtesy, &c. ed by it.

It is enacted by the General Assembly, as follows:

SECTION 1. The real estate, chattels real, household furniture, plate, jewels, stock or shares in the capital stock of any incorporated company of this state, or debts secured by mortgage on property within this state, which are the property of any woman before marriage, or which may become the property of any woman after marriage, shall be and are hereby so far secured to her sole and separate use, that the same, and the rents, profits and income thereof, shall not be liable to be attached, or in any way taken for the debts of the husband, either before or after his death ; and upon the death of the husband in the life time of the wife shall be and remain her sole and separate property. In case of the sale of any such property the proceeds of such sale, or any part of the same, may be invested in the name of the wife in any of the kinds of the property aforesaid, and to be secured to and holden by the wife in the same manner and with the same rights and effect as the property sold. The receipt or discharge of the husband for the rents and profits of such property, shall be a sufficient receipt and discharge therefor, unless previous notice in writing shall be given by the wife to the lessee, debtor or incorporated company, from whom such rents or profits are payable ; in which case the sole and separate receipt or discharge of the wife shall alone be a sufficient receipt and discharge therefor.

Sec. 2. The chattels real, household furniture, plate, jewels, stock or shares in the capital stock of any incorporated company in this state, or debts secured by mortgage on property within this state, which are the property of any woman before marriage, or which may become the property of any woman after marriage, shall not be sold, leased or conveyed by the husband, unless by deed, in which the wife shall join as grantor ; which deed shall be acknowledged in the manner by law provided in case of the real estate of married women : provided, however, that whenever the household furniture,

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