lated marriage, and if the clerk shall be satisfiet that there is no legal impediment thereto, then he shall grant such marriage license. And if any of the persons intending to marry shall be under age, and shall not have had a former wife or husband, the consent of the parents or guardians (as the case may be) shall be personally given before the clerk, or certified under the hand and seal of such parent or guardian, attested by two witnesses, one of which shall appear before said clerk and make oath or affirmation (as the case may be) that he saw the parent or guardian whose name is annexed to such certificate, subscribe and acknowledge the same, and the clerk is hereby authorised to administer such oath or affirmation, and thereupon issue and sign such license, and affix thereto the seal of the county. The clerk shall be entitled to receive as his fee for administering the oath and granting license with the seal affixed thereto, recording the certificate of marriage and filling the necessary papers, the sum of seventy five cents; and if any clerk shall, in any other man-ner, issue or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved.

Sec. 5. BE it further enacted, That a cer- Certificate tificate of every marriage hereafter solemnized, to be sent to signed by the minister or justice solemnizing clerk the same, shall be transmitted to the clerk of the county wherein the marriage was solemnized, within three months thereafter, and recorded by such clerk. Every justice, minister or clerk, (as the case may be) failing to transmit such certificate to the clerk of the county in due time, shall forfeit and pay fifty dollars, and if the clerk shall neglect to make such record, he shall forT T

Persons of fending a gainst this

act to be

fined

Fines how recovered

Repealing clause

Commence

ment

feit and pay fifty dollars, to and for the use of the County.

Sec. 6. BE it further enacted, That if any justice or minister, by this law authorised to join persons in marriage, shall solemnize the same contrary to the true intent and meaning of this act the person so offending shall, upon conviction thereof, forfeit and pay any sum not exceeding one thousand dollars, to and for the use of the county wherein such offence was committed; and if any person not legally authorised shall attempt to solemnize the marriage contract, such person shall, upon conviction thereof, forfeit and pay five hundred dollars, to and for the use of the county wherein such offence was committed.

Sec. 7. Be it further enacted, That any fine or forfeiture arising in consequence of the breach of this law, shall be recovered by an action of debt, with costs of suit, in any court of record, or any court having cognizance of the same.

Sec. 8. And be it further enacted, That the law regulating marriages, passed the fourth of April, 1803, be, and the same is hereby re pealed.

This act to take effect from and after the first day of June next.

EDWARD TIFFIN,

Speaker of the house of representatives.

DUNCAN M'ARTHUR,

February 16th, 1810.

Speaker of the senate.

CHAPTER LXXXV.

An act to restrain suttlers.

with

Sec. 1. Be it enacted by the general assembly Aggressors of the state of Ohio, That if any person or how dealt persons shall expose, sell or offer for sale at any place where any religious society of people are collecting or collected together, for the purpose of religious worship, or within one mile thereof, any spirituous liquor, cider or beer, it shall be lawful for any justice of the peace of the proper county, on view or complaint made on oath or affirmation, to issue his warrant to some constable of the proper county, commanding him forthwith to take such person or persons so of fending into custody, and convey him, her or the, before said justice.

dollars

Sec. 2. BE it further enacted, That if it shall Fine not to appear to the satisfaction of the justice, that exceed ten such person or persons so brought before him, has been guilty of selling or offering for sale, as aforesaid, any spirituous liquor cider or beer, it shall and may be lawful for such justice to fine any such person or persons so offending, in any sum not exceeding ten dollars, with costs,

of suit.

Sec. 3. Be it further enacted, That all fines Fines how ccllected under the provisions of this act, shall appropriated be paid into the township treasury, for the use of the township in which such offence shall have been committed, within twenty days, by the person collecting the same, who shall take the treasurer's receipt, and deposit the same with one of the trustees of said township, within ten days thereafter.

Sec. 4. And be it further enacted, That nothing in this act contained, shall extend to affect

Provise

Commence ment

merchants, licensed inn-keepers, tavern-keepers, or distillers or manufacturers of cider or beer, from selling ardent spirits, cider or beer, at their usual places of making the same, or at their residence.

This act to take effect and be in foree from and after the first day of June next.

EDWARD TIFFIN,

Speaker of the house of representatives.

DUNCAN MARTHUR,

January 25th, 1810.

Speaker of the senate.

Duty of asso ciate judges and clerk

CHAPTER LXXXVI.

An act providing for the election and resignation of justices of the peace.

Sec. 1. Be it enacted by the general assembly of the state of Ohio. That whenever any new township shall be set off or divided, the judges of the court of common pleas of the proper county shall determine on a suitable number of justices of the peace, for such township, and the day of election; and the clerk of the court shall transmit a copy of the proceedings thereof to the trustees of the same, who shall immediately warn a meeting of the electors to elect the said justices, so determined on, and if there be no trustees within such township, the said court shall cause their elerk to give notice of such election, by causing notice to be set up in three public places in said township, not less than ten nor more than fifteen days previous to

such election, pointing out the place of holding

such election.

Sec. 2. Be it further enacted, That whenever when vacan there shall be a vacancy in the office of justice cies how of the peace in any township, either by death, filled removal or otherwise, it shall be the duty of the trustees, to warn a meeting of the electors of such township to fill such vacancy, by setting up an advertisement in three public places in the proper township, specifying the number of jus. tices to be elected; which notice shall be given not less than fifteen nor more than twenty days. previous to holding said election, which shall be held at the usual place of holding elections in such township,

Elections

where held

Sec. 3. Be it further enacted, That when Court may ever it shall be made appear to the satisfaction add one or of the court of common pleas of any county, morejustices that there is not a sufficient number of justices of the peace in any township thereof, the judges are hereby authorised to add one or more justiees to such township, (as to them may seem just) and the trustees shall warn a meeting of the electors of such township to elect such justice or justices, so added, agreeable to the provisions of this act; and whenever it shall be made to appear to the satisfaction of the judges of the court aforesaid, that it is expedient to decrease the number of justices of the peace in any township, it shall be lawful for the judges to restrict the number as they may think proper: Provided always, Such restrictions shall be made when there is a vacancy in such township: Provided, That if any township should be entirely attached to any other township or townships, the justices of the peace in the township thus entirely attached, should execute the duties of their rcspective offices, in the township to which they

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Proviso