A Ibid. s. 3. Persons desiring to be joined in marriage must produce to the justice or minister, who shall be desired to Certificate of publish Licht to be produced. marry them, a certificate of the publishment, under the hand of the clerk of such town, or district, respectively; and also, that the intention of marriage hath been entered with him fourteen days, prior to the date of such certificate. Ibid. Certificate where ither party lives in is town-clerk. In case the parties, or either of them, live in a town, district, or place where there shall be no town-clerk, then the publishment shall be made in the town, or displace where there trict next adjoining, in manner aforesaid, and a certificate from the clerk of the same town, or district, of such publishment, and of the entry of their intentions of marriage as aforesaid, shall be produced as aforesaid, previous to their marriage. Bid. Proviso, in regard to berland and Lincoln. Provided, that in regard to any plantation in the counties of Cumberland and Lincoln, where the parties, not the counties of Cum- under the respective ages aforesaid, shall have been inhabitants for the space of twelve months, and shall live twenty miles distant from such next adjoining town, or district, any justice or ordained minister belonging to this commonwealth, may join them in marriage without such certificate. Ibid. s. 5. VI. Penalty for joining parties in marriage contrary to the statute. If any justice of the peace, or minister shall, otherwise than is expressly allowed and authorized by the act, join any persons in marriage, they shall severally forfeit and pay the sum of fifty pounds, two third parts thereof to, and for the use of the county wherein the offence may be committed, and the residue to the prosecutor, to be sued for and recovered in the court of common pleas, within the same county, by the treasurer thereof, who is enjoined, upon due information thereof, to prosecute and sue for the said penalty, without delay, or by the parent guardian or other person, under whose immediate care T and government either of the parties were at the time of such marriage; and every justice or minister, against whom such recovery shall be had, is forbidden from joining persons in marriage ever after. And in case a person forbid as aforesaid, or any other person whatever, not authorized and empowered to solemnize marriages by the act, shall join any persons in marriage, and be convicted thereof in the supreme judicial court, upon presentment or indictment, he shall stand one hour in the pillory, and be subjected to pay a fine, at the discretion of the court, to the use of the commonwealth, not exceeding one hundred pounds, nor less than eighty pounds. VII. Of the record and return of marriages. By the same statute, every justice and minister shall make and keep a particular record of all marriages solemnized before them respectively; and in the month of April yearly, and every year, shall make a return to the clerk of the town, district, or plantation, in which he lives, certifying the names of all the persons who have been by them respectively joined together in marriage, within the year then last past.(1) Ibid. Ibid. s. 6. Justices and ministers to keep and return records. Ibid. And if any justice or minister shall neglect to make such return, within the month of April, annually, the clerk of the town, district, or plantation, where such de- Penalty for neglect. linquent justice or minister lives, shall, without delay, certify such neglect to the clerk of the court of general sessions of the peace of the same county, who shall lay the same before the said court at their next session; and the person so neglecting shall be cited to appear before the said court, to answer for such neglect; and if no suf (1) Then follows a provision: "that if it shall so happen that the justice or minister should not have joined any persons in marriage, during the then past year; in such case, it should be the duty of the justice or minister, to certify such fact also." But this provision being found inconvenient was repealed by stat. 1795, c. 7. Ibid. ficient reason shall be assigned therefor, he shall be considered and adjudged disqualified for joining persons in marriage for a term of time, not exceeding ten years, at the discretion of the justices of the said court. And every town and district clerk, shall duly and seasonably record all marriages, so certified to him as aforeTown clerks to keep said.(2) (3) records. (2) Then follows a provision by which it is made the duty of town clerks, to make an annual return of certificates of marriages, to the clerk of the sessions. But this provision was repealed by stat. 1795, c. 41. (3) By the 8th section of the statute, marriages among quakers in the manner used by them, are declared valid, notwithstanding the act. And it is made the duty of the clerk of the meeting to make, annually, a certificate of marriages had in the society, to which he belongs, and to deliver the same to the clerk of the sessions of the county, wherein the marriages where had; under the penalty of twenty shillings for each neglect. TITLE CVI. MILITIA. THE last militia act (1) is so voluminous, that it would be transcending the limits of my design to notice it, in all its details. I have therefore selected the most valuable portions of it; such portions, as will probably form the subjects of frequent inquiry, and be most conducive to general information. For other particulars, the reader must be referred to the act itself. 1. Of enrolment. 2. Of arms and equipments. 3. What persons are absolutely exempted from military duty. 4. What persons are conditionally exempted. 5. Of partial exemptions by reason of bodily infirmity. 6. Of company trainings;....reviews; and the annual inspection. 7. On what days military parades are prohibited. 8. Appointment and duty of clerks of companies. 9. Choice of captains and subalterns of companies. 10. Duty of the militia, in case of invasion or insurrection. 11. Exemptions from arrest, distress, and attachment. 12. Of warning. 13. Power of the commanding officer to grant excuses for non-appearance. 14. Fines for offences while under arms. (1) This act was passed March 6, 1810, and repeals all former laws, except " An act for establishing rules and articles for governing the troops stationed in forts and garrisons within the commonwealth," and also, the militia when called into actual service." What persons shall be enrolled. ment. 15. Of prosecutions for fines by clerks of companies. 16. Of the costs in such prosecutions. 17. How such fines shall be appropriated. I. Of enrolment. By an act of congress, passed May 8, 1792, s. 1, it is enacted, that each and every free, able-bodied white male citizen of the respective states, resident therein, who is, or shall be of the age of eighteen years, and under the age of forty-five years, (except as is therein after excepted,) shall severally and respectively, be enrolled in the militia, by the captain, or commanding officer of the company, within whose bounds such citizen shall reside: and it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds; and shall without Notification of enrol- delay, notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. What notice shall be deemed legal. March 6, 1810, s. 20. By an additional act of congress, passed March 2, 1803, any notice or warning to the citizens so enrolled, to attend in the company, battalion, or regimental muster, or training, which shall be according to the laws of the state, in which it is given for that purpose, shall be deemed a legal notice of his enrolment. By an act of this commonwealth, any keeper of a tavern, boarding-house, or master or mistress of any dwelling-house, who shall refuse to give information of the name or names of any person or persons, residing with him or her, liable to military duty, when applied to for gives false informa- that purpose by the commanding officer of the company, Liability of any keeper of a tavern or boarding-house, or any master or mistress of any dwelling house, refusing to give information, or who tion, respecting the name of any one re siding with them, who within the bounds of which such tavern, boarding-house, or dwelling-house is situated, or when applied to for that is liable to do military duty. |