with impunity.

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Otherwise, the punishment by the common law is fine and imprisonment, and by statute a forfeiture of ten pounds.-4 Bla. Com. 134.

MANSLAUGHTER See Homicide.

MARRIAGES.

Marriages, allowed by the 18th chapter of Leviticus, are allowable in this state.

If a boy under fourteen, or a girl under twelve, marries, when either comes to that age, which is the age of consent, they may disagree, and declare the marriage void.

If a husband be of years of discretion, and the wife under twelve, when she comes to years of discretion, he may disagree as well as she. So on the other hand, when the wife is of years of discretion and the husband under.

The marriage of a lunatic, not being in a lucid interval, is void.

If there be a former marriage subsisting as to either of the parties, this latter marriage is absolutely void.

No minister or justice of the peace shall join as man and wife any persons, without license first had and obtained, or thrice publication of the banns.

Any minister, clerk, or reader, granting a false certificate, shall suffer as in case of forgery at the common law.

If any minister or reader shall wittingly publish, or cause or suffer to be published, the banns of matrimony between any servants or between a free person and a servant; or if any minister or justice of the peace shall wittingly celebrate the rites of matrimony between any such, without a certificate from the master or mistress of every such servant, that it is done by their consent; he shall forfeit and pay five pounds, to the use of the master or owner of such servant; to be recovered by an action of debt, bill, plaint, or information. And every servant so married without the consent of his or her said master or mistress, shall for his or her said offence, serve his or her said master or mistress, their executors, administrators, or assigns, one, whole year, after the time of service by indenture or custom is expired.

If any white man or woman, being free, shall intermarry with an Indian, negro, mustee, or mulatto man or woman, or any person of mixed blood, to the third generation, bond or free, he shall, by judgment of the county court, forfeit and pay the sum of fifty pounds, to the use of the parish.

No minister of the church of England, or other minister, or justice of the peace, or other person whatsoever, within this state, shall hereafter presume to marry a white man with an Indian, negro, mustee, or mulatto woman, or any person of mixed blood, as aforesaid, knowing them to be so, upon pain of forfeiting and paying, for every such offence, the sum of fifty pounds; to be applied as aforesaid.

All regular ministers of the gospel of every denomination, having the cure of souls, and all justices of the peace in this state, are hereby authorised and empowered to solemnize the rites of matrimony, according to the rites and ceremonies of their respective churches, and agreeably to the rules as prescribed by law. And the said ministers may demand and take for every couple by them married, if by license, the sum of twenty shillings, to their use, and no more.

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The clerk of each county court is hereby authorised and empowered to grant marriage licenses to any person applying for the same, first taking bond, in the name of the governor for the time being, and his successors, with sufficient security, in the sum of 500 with condition that there is no lawful cause to obstruct the marriage for which such license is desired; to be recovered by action of debt, in any court of record having cognizance thereof, by the party grieved ;-which bond aforesaid shall be taken, and license granted, by the clerk of the county in which the feme resides; which license shall be directed to any authorised minister or justice of the peace.' Every minster of the gospel, qualified as by law directed, or any other person appointed by their respective church as a reader, is hereby authorised and empowered to publish the banns of matrimony between any two persons requesting the same; provided that every publication shall be made three several Sundays in the congregation, immediately after or during divine worship; and shall give a certificate of such publication when demanded, directed to any authorised minister or justice of the peace;' and may demand and take for his service, the sum of four shillings, and no more. But the people called quakers shall still retain their former rules and privileges in solemnizing the rites of matrimony in their own church.

If any minister or justice of the peace shall knowingly join together in matrimony any two persons, in any way or manner other than by law directed, shall forfeit and pay for every such offence the sum of fifty pounds; to be recovered by action of debt, in any court of record having cognizance thereof, one half to him that shall sue for the same, and the other half to

904

MARRIAGE CONTRACTS........ MEMBERS OF ASSEMBLY..

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be applied by the court to the use of the county where such forfeiture ariseth, and be also liable to an action of damage to the party grieved.. And if any clerk shall knowingly grant a marriage license, in any way or manner other than by law di rected, he shall forfeit and pay for every such offence the sum of 100l. to be recovered and applied as other fines in this act before directed, and be also liable to an action of damage to the party grieved.

See Polygamij.

MARRIAGE CONTRACTS.

Marriage Contracts may be proved in the county court within six months after the making, and registered in one month after, or for want thereof, shall be void as to cre ditors.

MEMBERS OF ASSEMBLY.

Every member elect, who shall fail or neglect to attend at the time and place of meeting, on the first day of the session, shall forfeit five pounds, and twenty shillings for every day he may be absent from his duty during the session; which sums shall be deducted from his pay as a member, if the same be sufficient; if not, then the excess so remaining, shall be deducted from his future pay as a member of the general assembly. Provided nevertheless, that a majority of the members of either house, may remit or mitigate the said forfeitures, upon sufficient cause shown on oath.

If any person, who shall be returned by the sheriff of any county in this state as elected a member of the general assembly shall fail to attend at any session of the general assem bly which he ought to attend, such person shall forfeit twenty. five pounds; to be recovered in the county where he was elected, at the suit of the governor, on the certificate of such failure issued by the speaker of the house in which such delin-, quency happened, unless sufficient excuse be offered and proved on oath by such delinquent member at the next succeed, ing assembly.

The members of the general assembly shall have freedom of speech and debate in general assembly, and not be liable to impeachment or question in any court or place out of the general assembly for words spoken therein; and the members are protected from all arrest or imprisonment or attachment of

property, during the time of their going to, coming from, or attending at the general assembly, agreeably to the certificate of his attendance, except for treason, felony, or breach of the peace.

The sheriff shall, on payment of twenty shillings, furnish any candidate not elected, with a fair and true copy of the polls, and a just statement of the election, within twenty days after such election, under the penalty of 100%. for the use of The state. Provided nevertheless, that such candidate shall make application to the sheriff for the same, within ten days after said election.

Every person elected a member of the general assembly shall, before taking his seat, take the oath of allegiance to this state, and the oath to support the constitution of the United States. And if any person so elected shall, by himself or any other person, directly or indirectly give, or cause to be given, any gift, gratuity, reward, or present whatsoever; or give or cause to be given, by himself or any other person, any treat or entertainment, of meat or drink, at any public meeting or collection of people, to any person or persons whatever, for his or their votes, or to influence him or them in his election,-every person violating this act shall, on due proof thereof, be expelled from his seat in the general assembly.

If any person or persons shall treat with meat or drink, on any day of election, or any day previous thereto, with an intent to influence the election, every person so offending shall forfeit 100l. one half for the use of the county where the same shall be recovered, to be paid to the county trustee, the other half to the person who shall sue for the same; to be recovered by action of debt in any court having cognizance. thereof. And it is the duty of the sheriffs, in every county, annually to. publish this act, by advertising and reading the same at the courthouse, door, on the first and second days of the court of pleas and quarter sessions which shall happen previous to the annual election, and also on the different days of election, under the penalty of twenty pounds for each and every neglect. See Election, State Constitution.

MILLS.

All mills grinding for toll, are deemed public mills. Where any person wanting to build a mill hath lands on one side of a run only, he shall petition the county court, and show who is the owner of the land on the opposite side; when

a summons shall issue to such person to appear at the next court to answer to such petition. The court shall at the same time direct four freeholders to lay off and value an acre of ground on each side of the run, and report their proceedings to the court; and if it take not houses, orchards, gardens, or other immediate conveniences, the court may grant leave to the petitioner, or proprietor of the land on the other side, to build such mill; and he shall pay costs.

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The person obtaining leave, to pay down in court the valuation money, which shall be recorded, and shall be a good title to the land. No mill to be built within two miles of any mill above, or below, or so as to overflow any other mill. Persons to begin to build mills within one year and finish the same within three years; and constantly to keep the same Otherwise the land to return to the first owner, unless further time be allowed by the court.

up.

Mills belonging to any persons under age, femes covert, non compos mentis, or imprisoned, suffered to let fall, such per sons shall have three years to rebuild the same, after their disability is removed.

Any person aggrieved by order of any court, may appeal to the superior court of the district, which court may grant relief.

Persons who have built mills in virtue of orders of court heretofore granted, and have paid the purchase money, quieted in their possessions.

Owners of mills injured by the building of other mills, may have their action against the party for damages.

All millers to grind according to turn, and well to grind the grain, if water will permit, and may take one-eighth part of wheat and one-sixth part of corn, in the districts of Edenton, Newbern, Wilmington, and Halifax, and one-eighth of the corn and wheat in the districts of Hillsborough and Salisbury, for grinding, and one-fourteenth part for chopping grain of any kind; on penalty of twenty four shillings to the party injured for taking larger toll, not grinding in turn, or not grinding well; recoverable before a justice of the peace.

Owners of mills may grind their own grain at any time. Millers are to keep in their mills the following measures, viz. a half bushel and peck, tried and stamped, and proper toll-dishes for each measure,-on penalty of five pounds to the party injured, recoverable before a justice of the peace. If the miller is a free person, and keeps the mill for hire, the owner of the mill may stop such fine out of his wages.-Acts 1777, c. 23.