Act of March 1, 1819—January 1, 1820. R. C. ch. 106.

this commonwealth, and enter into bond with two or more sufficient securities, [the securities to such bond shall reside in the county or corporation in which such testimonials may be granted, (act of Feb. 16, 1831, Ses. Acts 1830-31, c. 35, § 2; Sup. R. C. c. 163, p. 221,)] in the sum of fifteen hundred dollars, payable to the governor for the time being, and his successors, conditioned for the true and legal performance of this trust; whereupon such court is hereby required to grant such minister a testimonial in the following form, given under the hand and seal of the then sitting judge or senior magistrate, and attested by the clerk, to wit: This shall certify to all whom it may concern, that at a court held for on the day of

in the year A. B. produced credentials of his ordination, and also of his being in regular communion with the church, took the oath of allegiance to this commonwealth, and entered into bond, as required by an act reducing into one the several acts to regulate the solemnization of marriages; prohibiting such as are incestuous, or otherwise unlawful; to prevent forcible and stolen marriages; and for the punishment of the crime of bigamy; and that he is hereby authorized to celebrate the rites of matrimony agreeably to the forms and customs of the said church, between any persons to him regularly applying therefor within this state. Given under my hand and seal, the day and

year above written.

Every testimonial so obtained shall be taken as good and sufficient authority, for celebrating the rites of matrimony according to law: Provided, nevertheless, That no testimonial shall be granted to any minister who is itinerant, [see ante, No. 2, and act of Feb. 16, 1831,] or who is not stated and settled within some parish, or with some christian congregation within this commonwealth. Ibid.

4. § 4.—It shall be lawful for any ordained minister of the gospel, in regular communion with any society of christians, residing in any adjoining state, to celebrate the rites of matrimony, according to the forms and customs of the church to which he belongs, between any persons of this state who shall produce a marriage license, pursuant to the directions of this act: Provided always, That every such minister shall first produce credentials of his ordination, and also of his being in regular communion with the christian society of which he is reputed a member, to the court of the county or corporation in which such minister may be required to celebrate such rites, who shall enter into bond with two or more securities being residents of this state, in the sum of fifteen hundred dollars, payable to, and conditioned as in the preceding section; whereupon such court is required to grant such minister à testimonial in the form prescribed by this act: Provided, That nothing herein contained, shall be so construed as to authorize any county or corporation court, to require any such minister to take the oath of allegiance to this commonwealth. Feb. 13, 1812, c. 25.

5. § 5.-Provided also, If any authorized minister shall decline or be ejected from his office, by the church to which he belongs; or, if any of his securities shall give him notice in writing, that they desire to be released from their suretyship; in either of these cases, if he refuses or neglects to give up his testimonials to the court, from which they were obtained, any one of his securities, without instituting a suit, may proceed against him, as if they were special bail in an action of debt, until he is thereunto compelled, or gives them sufficient caution for their indemnification. 1784, c. 37, 11 Stat. Larg. 503; 1792, c. 104, R. C.

6. § 6. Quakers, Jews, and persons of all religious persuasions, are authorized to solemnize marriages, according to the forms and regulations of their respective societies. Ibid. Am. at Rev. 1819.

Act of March 1, 1819-January 1, 1820. R. C. ch. 106.

7. § 7. All marriages openly solemnized, at any time before the first day of January, one thousand eight hundred and nineteen, and which shall have been made and consummated by the parties cohabiting as husband and wife, are hereby declared good and valid in law, although the magistrates and others solemnizing such marriages, were not duly authorized; and such person solemnizing such marriages are hereby exonerated from all pains and penalties: Provided, That nothing herein contained shall confirm any marriages that are incestuous or in violation of the laws against bigamy. Ibid.

8. 8.-The county courts of such counties in this commonwealth, that have no ministers duly authorized to celebrate the rites of matrimony, are authorized to appoint [one or] two persons in each of said counties [as such courts in their discretion may think necessary,] who shall be residents within the county from the court whereof they receive their appointment, [who upon taking the oath and giving the bond and security, and receiving from the said court a testimonial as herein prescribed,] shall be authorized to celebrate the rites of marriage, [within such district or territorial limits of the said counties as the said courts shall by their order prescribe and direct; and the person or persons so appointed, shall in all respects be subject to, and regulated by the several provisions prescribing the duties of those now authorized by law to celebrate the rites aforesaid.] 1794, c. 169, R. C. and c. 218, &c. and act Dec. 20, 1830, c. 36, Ses. Acts, p. 103; Sup. R. C. c. 162, p. 221.

9. § 9.-Every such person shall take the oath of fidelity to the commonwealth, and give bond as in § 3, No. 3, who thereupon shall receive a testimonial as in said sec.-fidelity-in lieu of allegiance, and evidence of ordination, &c. omitted, and to have like effect. Ibid.

10. § 1. No minister [or any person appointed according to § 8 and 9,] shall celebrate the rites of matrimony between any persons, without lawful license, or thrice publication of banns according to the rubric in the common prayer, if the parties be episcopalians; if the parties reside in different parishes, the publication must be made in each, and by the minister certified to the celebrator. If any minister [or person, &c.] shall celebrate the rites of matrimony, without such license or publication of banns, he shall, for every such offence, be imprisoned one year without bail or mainprize, and shall also forfeit and pay fifteen hundred dollars. Liable to the same penalties and forfeitures, for going out of this government and there joining in marriage persons belonging to this commonwealth, without such license or publication. If no minister in the parish, the clerk or reader may make publication, whose certificate, together with that of a justice of the peace for the said county and parish, under his hand and seal, that the feme so to be joined hath been an inhabitant of said parish, one month next before the date of such certificate, shall be sufficient; if any minister, clerk or reader shall grant or issue a false certificate, he shall suffer the imprisonment without bail, and pay the forfeiture aforesaid; and shall also be liable as in case of forgery; all and any of the offences aforesaid may be prosecuted, tried and determined in any court of record within this commonwealth; which courts are hereby declared to have cognizance thereof, and may hear and determine the same and award execution thereupon, according to the course of the common law. For a certificate of publication, the person making the same may demand and receive fifty cents. March 1660-61, act 12, 2 Stat. Larg. 49; 1748; 1792, c. 104, R. C.

11. 12. Any authorized minister, and any person appointed by virtue of this act to celebrate the rites of marriage, may demand and receive, in current money, for the celebration of every marriage, the sum of one dollar. Ibid.

Act of March 1, 1819—January 1, 1820. R. C. ch. 106.

12. 13.-Any persons refusing to celebrate the rites of matrimony for the fees aforesaid, or exacting greater fees; or if he, or any parish clerk or reader, shall refuse to publish the banns, or certify the same, for the fee aforesaid, or exact any other or greater fee, every person so offending, shall forfeit and pay fifty dollars to the party grieved, for every such offence, recoverable in any court in this commonwealth, by action of debt or information. Ibid.

13. § 14, [15.] A certificate of every marriage hereafter solemnized, signed by the minister, or other authorized person, celebrating the same, or in the case of quakers, menonists and other societies, that solemnize their marriages by the consent of the parties taken in open congregation as aforesaid, by the clerk of the meeting, shall be by such minister or authorized person or clerk, (as the case may be,) [under the penalty of sixty dollars, to be recovered with costs of suit, by the informer in any court of record,] transmitted to the clerk of the county or corporation wherein the marriage is solemnized within twelve months thereafter, to be entered of record by the clerk [under a like penalty, to be recovered as aforesaid] in a book by him to be kept for that purpose, which shall be evidence of all such marriages. The clerk shall be entitled to demand and receive twenty-five cents for recording such certificate, and giving the bearer a receipt therefor. Oct. 1780, c. 16, 10 Stat. Larg. 362; 1784, c. 37, 11 Stat. Larg. 503; 1792, c. 104, R. C.

14. § 21.-If any minister, clerk, reader or other person, shall wittingly publish the banns of marriage between any servants by act of assembly, indenture or custom, or between any free person, and such servant; or if any minister or other person shall knowingly marry any such, without certificate from the master or owner of every such servant, that it is with his or her consent, every minister, clerk, reader or other person so offending, shall forfeit two hundred and fifty dollars for every such offence, recoverable in any court of record in this commonwealth; and every such servant so married, without consent of his or her master or owner, shall serve him or her, and his or her assigns, one whole year after all other time of service is expired, or pay him or her twenty dollars; and every free person, so marrying such servant, shall pay the master or owner twenty dollars, for his or her own use, recoverable by warrant, with costs, or shall well and faithfully serve such master or owner one whole year in actual service. 1748, c. 32; 1792, c. 104, R. C.(1)

15. § 22. Whatsoever white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison and there remain six months, without bail or mainprize, and shall forfeit and pay thirty dollars to the commonwealth, for the use of the Literary fund. April 1691, act 16, 3 Stat. Larg. 26; Oct. 1705, c. 49, § 19, Ib. 458; 1753, c. 7, 6 Stat. Larg. 361; 1792, c. 104, R. C.

16. § 23. No minister or person whatsoever, within this commonwealth, shall hereafter presume to marry a white man with a negro or mulatto woman, or to marry a white woman with a negro or mulatto man, upon pain of forfeiting and paying, for every such marriage, two hundred and fifty dollars, one half to the commonwealth, for the use of the Literary fund, and the other half to the use of the informer, to be recovered with costs, by action of debt, bill, plaint or information, in any court of record within this commonwealth. Ibid.(1)

(1) Slaves cannot contract matrimony. ker's ex'ors v. Bostick et al. 4 Des. Ch. R. See Jackson v. Lervey, 5 Cow. 397; Wal- 266.

Act of March 1, 1819-January 1, 1820. R. C. ch. 106.

17. § 24. Whereas women, as well maidens as widows and wives, having substances, some in goods moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances, have been often times taken by misdoers contrary to their will, and afterwards married to such misdoers, or to others by their consent, or defiled: Be it enacted, That whatsoever person or persons shall take any woman against her will, unlawfully, that is to say, maid, widow or wife, such taking, and the procuring and abetting to the same, and also receiving wittingly the same woman, so taken against her will, shall be felony; such misdoers, takers and procurers to the same, and receivers, knowing the said offence in form aforesaid, shall be reputed and adjudged as principal felons; and, upon conviction thereof, shall be sentenced to undergo a confinement in the public jail and penitentiary-house not less than two, nor more than ten years: Provided always, That this act shall not extend to any person taking any woman, only claiming her as his ward or bond woman. 3 Hen. 7, c. 2; 1789, c. 8, 13 Stat. Larg. 7; 1792, c. 104, R. C.

18. § 25. If any person above the age of fourteen years, shall unlawfully take and convey away, or shall cause to be unlawfully taken or conveyed away, any maiden or woman child†† unmarried, being within the age of sixteen years, (1) out of or from the possession, and against the will of the father or mother of such maiden or woman child, or out of or from the possession and against the will of such person or persons, as then shall happen to have, by any lawful ways and means, the order, keeping, education or governance of any such maiden or woman child, and be thereof duly convicted, he shall suffer imprisonment, without bail or mainprize, for any term not exceeding two years, as shall be adjudged against him. 4 and 5 P. & M. c. 8, § 2, 3; Nov. 19, 1789, c. 8, 13 Stat. Larg. 7; 1792, c. 104, R. C.; 9 Geo. 4, c. 31, $ 20.

19. § 26. If any person or persons shall so take away, or cause to be taken away as is aforesaid, and deflower any such maid or woman child, as is aforesaid, or shall, against the will or knowledge of the father of any such maid or woman child, if the father be in life, or against the will or knowledge of the mother of any such maid or woman child, having the custody and governance of such child, if the father be dead, by secret letters, messages or otherwise, contract matrimony with any such maiden or woman child, every person so offending, and being thereof lawfully convicted, shall suffer imprisonment of his body, by the space of five years, without bail or mainprize. Ibid. § 4, and

Ibid.

20. § 20. If any feme sole of the age of twelve and under fourteen years shall marry any person, contrary to the will or consent of her father or guardian, and without legal publication of the banns, then the next of kin to such feme, to whom the inheritance should descend or come, shall have right to enter upon and take possession, of all lands, tenements, hereditaments and other real estate whatsoever, which such feme, at the time of her marriage, had in possession, remainder or reversion, and shall have, hold, occupy, and enjoy the same to him or her, and the representatives of his or her stock, with all the immunities and privileges thereto belonging, during the time of such

tt 2 Stra. 1162. A bastard within the act. 1 East. P. C. 457.

(1) See Samuel Anderson's case, gen. ct. November T. 1826, for enticing, inveigling, taking, carrying away and deflowering Eliz. F. Hardgrove, a maiden, unmarried, of the age of sixteen years two months and nineteen

days, &c. There being no conspiracy in this case, and no circumstance existing exclusive of the act of incontinence, the court were of opinion that the offence was not a misdemeanour punishable by indictment at the common law. 5 Rand. 627.

Act of March 1, 1819-January 1, 1820. R. C. ch. 106.

coverture; but after determination thereof, all such estate and the possession, reversions and remainders, rights, immunities and privileges shall immediately revest, be, and remain in the said feme, and her heirs, other than her husband, and she and they, and every of them, may re-enter and take possession thereof, as if this act had never been made. 4 and 5 P. & M. c. 8, § 6; Sept. 1696, act 10, 3 Stat. Larg. 151; Oct. 1705, c. 48, § 5, Ibid. 443; 1748, c. 32; 1792, c. 104, R. C.

21. § 28-Any prosecution authorized by this act, may be commenced at any time within five years after the commission of the offence, and not after, any former law to the contrary notwithstanding. Rev. 1819.

Act of March 17, 1841, Acts 1840-41, ch. 71, p. 78-79.

22. § 1. The circuit superior courts of law and chancery within this commonwealth shall have jurisdiction to hear and determine suits for the dissolution of marriage, where the causes alleged therefor shall be natural or incurable impotency of body, at the time of entering into the matrimonial contract, idiocy, bigamy, or for any other cause for which marriage is annulled by the ecclesiastical law; and in such suits, upon full and satisfactory evidence, independently of the confession or admission of either party, the said courts shall have power by definitive sentence, to pronounce and decree the marriage to be null and void; such suits shall be prosecuted according to the rules of proceeding in chancery in said courts, except that the defendant shall not be compelled to answer upon oath, and that the bill shall in no case be taken for confessed, but if the defendant shall fail to answer, the cause shall be set for trial, and the court may proceed to decide it upon the evidence adduced.

23. § 2. The said circuit superior courts of law and chancery shall have cognizance of matrimonial causes on account of adultery, cruelty, just cause of bodily fear, abandonment and desertion, or for any other cause for which a limited divorce is authorized by the principles of the ecclesiastical law; and in such cases may grant divorces a mensa et thoro, in the usual method of proceeding in said courts, in suits in chancery. In such causes, however, the bill shall in no instance be taken for confessed.

24. 3. In granting divorces a mensa et thoro for causes which justify such divorces by the principles of the ecclesiastical law, the said courts shall have full power to decree perpetual separation, and protection to the persons and property of the parties; to decree to either out of the property of the other, such maintenance as may be proper; to restore to the injured party (as far as practicable) the rights of property conferred by the marriage upon the other; and so to dispose of the custody and guardianship, and provide for the maintenance of the issue of the marriage, as under all the circumstances may seem right. A decree of perpetual separation from the bed and board shall have the same effect upon the rights of property which either party may acquire after the decree, as a divorce a vinculo matrimonii would have, save only, that no such decree of separation from bed and board, shall authorize either party to marry again, during the life of the other; and that another marriage after such decree, shall expose the offender to the same pains and penalties as if such decree had never been made.

25. § 4. The costs in suits for divorce, shall be the same as in other suits in chancery, and may be adjudged against either party, according to the discretion of the court.

26. 5. Either party may obtain an appeal to the court of appeals from any decree made in any suit under this act, in the same manner as in other