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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
1. Clergyman,&c., shall lodge certificate

of marriage with town clerk.
2. Parent shall lodge certificate of birth.
3. Executor, &c., certificate of decease.

SECTION
4. Town clerk shall record all such cer.

tificates.
5. Penalties how recovered.

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.

An Act concerning the Property of Married Women.

Section
1. Certain property possessed by a woman

before marriage, &c., secured to her

sole use. 2. Furniture, stocks, mortgages, &c.,

possessed by wife, shall not be sold,

&c., unless by joint deed, except, &c. 3. Married woman may dispose of her

personal property by will. 4. Husband tenant by the curtesy, &c.

SECTION
5. Property liable for debts of wife con-

tracted before marriage.
6. Actions to be joint; amount recovered

may be invested in name of wite. 7. Supreme court may appoint trustees

of the property, &c. 8. Property owned by married woman

before this act takes effect, not affected 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,

plate or jewels belonging to any married woman shall be sold by her husband as his own property, to one who shall purchase the same bona fide, and without notice, actual or constructive, of the right of the wife thereto, such sale shall vest in such purchaser a good and valid title thereto.

Sec. 3. Any married woman, being upwards of eighteen years of age, may dispose of her personal estate secured to her by this act, or any portion of the same, by last will and testament, executed in the manner in which other wills are by law required to be executed.

Sec. 4. Nothing in this act contained shall be construed to impair the rights of the husband upon the death of the wife as tenant by the curtesy; or in case of no last will and testament, as herein before provided, to deprive the husband of his right to administer upon the estate of his wife, with the same effect as by law provided ; or to authorize any husband to give unto or settle upon his wife any of his property in any other manner or with any other effect than if this act had not been passed.

Sec. 5. The property secured to any married woman by this act shall be liable to attachment or levy for her debts, contracted before marriage, under the same circumstances, and with the same effect, as if she had continued sole and unmarried; and nothing in this act contained shall be construed to impair any lien or right of lien thereon, or any remedy by law provided for the enforcement thereof.

SEC. 6. *In all actions relating to the property of any married woman, secured to her by this act, the husband and wife shall jointly sue and be sued, except in case a trustee of the same be appointed as herein after provided; and in case of recovery, by any husband and wife in any such action, the amount by them recovered may be invested in the name of the wife, in any of the kinds of property herein before described, with the same rights and effect as if the same had remained in the possession of the wife, whether the right of action accrued before or after marriage; and all such actions and rights of action shall survive the death of either husband or wife.

Sec. 7. The supreme court may, upon petition in equity to them by any married woman, filed by her through her next friend, appoint a trustee or trustees of her property, secured to her by this act, who shall be empowered, in his or their own name or names, as trustee or trustees, to sue for, recover and hold such property, to the uses by law provided ; said trust to continue during the coverture of such married woman, unless by order of said court sooner determined. And said

court shall have full power to remove such trustee or trustees, and to appoint others in their stead, as in case of other trusts.

Sec. 8. Nothing in this act contained shall in any manner affect any property owned by any married woman before this act goes into effect.

An Act respecting Guardians.

SECTION

SECTION 1. Minor fourteen years of age may support of ward, &c.--sell real estate,

choose his guardian--court of probate wood, timber, &c., in certain cases. may approve--in certain case appoint 12. Guardian to give notice of his appointanother.

ment-exhibit inventory-pay debts, 2. Court may appoint guardian to minor &c.-- liable for neglects, by a suit on under fourteen years of

age.

bond. 3. Also, of lunatics, idiots, &c.

13. Creditor omitting to file his claim, 4. Guardian to be citizen of the state.

barred, unless surplus property. 5. To give bond for faithful discharge of 14. No action to be sustained against trust, &c.

guardian within one year, unless, &c. 6. Court may require additional bond - 15. Guardian may submit claim to ref.

may remove guardian--may accept erees-demand not due may be filed, his resignation

&c. 7. Application for appointment, &c., to 16. Court of probate to allow reasonable be in writing.

compensation to guardian. 8. Court, before proceeding to act, shall 17. Guardians of minors to take special give notice to parties.

charge of their education-guardian 9. Who are the only parties in certain of lunatics, &c., to educate their

children. 10. In what cases contracts of wards are 18. Property of minor not liable in hands void.

of guardian for certain debts. 11. Duties of guardian--apply income to ( 19. Guardian may be appointed by will.

cases.

It is enacted by the General Assembly, as follows:

SECTION 1. When any minor, being of the age of fourteen years or upwards, shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to approve of any guardian chosen by such minor. If any such minor shall neglect to choose a guardian, being cited by such court so to do, or shall choose one of whom such court shall not approve, or one who shall neglect to give bond as is herein after required, within the time appointed by such court, in each of such cases said court may appoint a guardian for such minor, as if he was under the age of four

teen years.

Sec. 2. When

When any minor under the age of fourteen years shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to appoint a guardian of the person and estate, or of the person or estate, of such minor.

Sec. 3. Whenever any idiot or lunatic, or person non compos mentis, or any person who for want of discretion in

managing his estate, shall be likely to bring himself and family to want, and thereby to render himself and family chargeable, shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to appoint a guardian of the person and estate of such person.

Sec. 4. No person shall be capable of being appointed or approved of as guardian, by any court of probate, who is not at the time of his appointment a citizen of and resident in this state.

Sec. 5. Every guardian appointed pursuant to this act shall, before he proceed to act as such, give bond to the court of probate appointing him, in such sum as they shall require, and with sureties satisfactory to them ; conditioned faithfully and duly to discharge his trust according to law, and to render a just and true account of his doings therein to such court annually, or whenever he shall be by said court thereunto required, or to his ward whenever he shall arrive at the age of twenty-one years, or whenever said guardianship shall be removed.

Sec. 6. Any court of probate may require additional bond or sureties of any guardian appointed or approved of by them, whenever they shall think proper, and in case of neglect or refusal to give the same, may remove such guardian from his trust. They may also remove, in the manner prescribed by law, any guardian who, by reason of absence, sickness, insanity or other cause, shall become incapable of executing his trust, or who shall neglect or refuse to do the duties thereof, or who shall waste the estate of his ward; and they shall accept the resignation of any guardian, after he shall have accounted with said court for the estate of his ward in his hands.

Sec. 7. Every application to any court of probate for the approval, appointment or removal of a guardian, and every resignation of the trust of a guardian, shall be in writing.

Sec. 8. When any such application or resignation shall be made to any court of probate, such court, before they proceed to act thereon, shall cause a copy of such application, with a copy of their order of notice thereon, to be set

up

in some conspicuous place in the office of the town clerk of the town; and shall cause all known parties interested in the matter, according to this act, who shall reside in this state, to be notified by a sheriff

, deputy sheriff

, town sergeant, constable, or disinterested person, by the reading of a certified copy of such application and order, signed by the clerk of the court, in the presence and hearing of such interested party; or by

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