« ForrigeFortsett »
relation that is to say,
are to be void.
Degrees of shall intermarry within the degrees hereafter named, ship withNo man shall marry
No woman shall marry marriages His mother,
Son's daughter's husband,
Husband's son's son,
Husband's daughter's son,
Mother's brother. Issue ille- And if any man or woman shall hereafter intermarry gitimate.
within the degrees aforesaid, every such marriage shall be null and void, and the issue of any such marriage hereafter to be had or solemnized, shall be deemed and adjudged illegitimate, and be subject to all the disabilities of
such issue. Marriages
Sec. 2. And be it further enacted, That all marriages, parties when either of the parties have a former wife or husband having
living at the time of such marriage, or where either of them husband or wife shall be an ideot or lunatic at the time of such marriage, void.
shall be absolutely void ; and no dower shall be assigned
any widow in consequence of such marriage ; and the issue Andiseve shall be deemed, taken and adjudged illegitimate, and be illegiti
subject to all the disabilities of such issue.
Sec. 3. And be it further enacted, That divorces from the
bond of matrimony shall be decreed in case any marmay be riage shall be hereafter had or solemnized which is de
clared void as abovesaid: divorces from the bond of matrimony shall also be decreed for impotency, adultery, extreme cruelty, wilful desertion for five years of either of the parties, and also for neglect or refusal on the part of
the husband, being of sufficient ability, to provide necessaries for the subsistence of his wife, and also for any
other gross misbehavior and wickedness in either of the parties, repugnant to and in violation of the marriage covenant: Provided however, That no divorce from the bond Petitioner of matrimony shall be hereafter decreed by the supreme three judicial court, unless the petitioner for such divorce shall, years' res: on the trial of his or her petition, prove to the satisfaction of said court, that he or she has been a resident in this State for the space of three years next before the preferring of such petition.
Sec 4. And be it further enacted, That when it shall ap- Collusion pear, that the adultery, cruelty, desertion, or other cause of parties, of complaint as aforesaid, is occasioned by the collusion of the parties, and done or contrived with an intention to
procure a divorce, in such case no divorce shall be decreed.
Sec. 5. And be it further enacted, That when a divorce Divorce shall be had for the causes of affinity, consanguinity, im- for afinipotency, idiocy or lunacy of either of the parties, the wife wife's esshall have restored to her all her lands, tenements and tate rehereditaments, and a judgment may be passed for a restoration to her of all or such part of the personal estate specifically, or the value thereof, which hath come to the husband's hands, by virtue of the marriage, as the justices of the supreme judicial court, from all the circumstances of the case, shall deem equitable: and they may make use of such process to carry their judgments into effect, as shall be necessary: and when the divorce shall be occasioned for adulby adultery, or other of the causes aforesaid, done or ter of committed on the part of the wife, the husband shall hold band to the personal estate for ever, and her real estate during his hold the natural life, in case they have had issue born alive of her body during the marriage, otherwise during her natural life only, if he shall survive her: Provided nevertheless, That the court may allow her for her subsistence, so much of such personal or real estate as they shall judge necessary.
Sec. 6. And be it further enacted, That when the divorce For adul, shall be had for the cause of adultery, or any other of the tery of aforesaid causes, done or committed on the part of the wife's eshusband, the wife, if there be no issue living at the time of tate to be the divorce, shall be restored to all her lands, tenements and hereditaments, and be allowed out of his real or personal estate, or both, such alimony as the court shall think Alimony reasonable, not exceeding the use of one moiety of his allowed. real estate during the life of the wife ; and the property of
one half of his personal estate, having regard to the personal property which came to the husband by the marriage, and his ability; but if there be issue living at the time of the divorce, the court, with regard to ordering re storation or granting alimony as aforesaid, may do as they shall judge the circumstances of the case may require, and upon the application of either party, may from time
to time make such alteration therein as may be necessary. Divorce to Sec. 7. And be it further enacted, That all questions of albe decreed by su
imony and divorce shall be heard and tried by the supreme ju- preme judicial court, and that the decree of said court
shall be final: Provided always, That nothing herein contained shall be construed to extend to or in
wise affect any marriage which shall be solemnized among the Jews, within the degrees of affinity or consanguinity allowed of by their religion.
1701 '33 '49 '64 '94 '98 1822.
An act to prevent Clandestine Marriages.
Section 1. Be it enacted by the General Assembly, and by the riage to be authority thereof it is enacted, That all persons within this published. State who are desirous of being joined together in the es
tate of matrimony, shall make their application to a senator, or justice of the supreme judicial courtor court of common pleas, or warden, or to some ordained minister of the episcopal church, or to any settled and ordained minister or elder of any presbyterian, congregational, independent, baptist or methodist church, society or congregation; or to the ordained minister of any religious denomination in the town or towns wherein such persons respectively dwell, in order that such intention of marriage may be duly published as is herein directed; that is to say, if such application shall be made to a senator or justice of either of the courts aforesaid, or warden, the officer so applied to shall thereupon make a publication in writing, under his hand and seal, declaring such intention of marriage, which shall be
in the form following, to wit: Form of Know all men by these presents, that
have declared unto me their intention of marriage : I do therefore hereby make public the said intention : if any person knows any just cause or impediment why these two persons should not be joined together in marriage, they may declare the
same as the law directs. Given under my hand and seal at
this day of Which publication the said senator, or justice of either to be put of the courts aforesaid, or warden, shall cause to be affix- up in some ed in some public place in the town wherein the parties place. respectively dwell, for the space of fifteen days, to the intent that if any person hath any lawful objection against such person's being joined in marriage, he may have opportunity to make the same: and if any person shall deface or pull down any publication posted up in writing as for defaaforesaid, he shall forfeit and pay the sum of two dollars, cing. to and for the use of the town where the offence shall be committed ; and if unable to pay the said fine, shall be imprisoned at the discretion of the justice before whom he may be tried, for a space of time not exceeding fifteen days.
Sec. 2. And be it further enacted, That if such applica- How to be tion be made to any such minister or elder as aforesaid, published he shall thereupon, openly and by speaking, publish the ter, &c. bans of marriage between the parties three several sundays, holidays or other days of public worship, in the meeting in the town where the parties respectively belong.
Sec. 3. And be it further enacted, That when the parties Living in live in different towns, the bans shall be published as different aforesaid in both towns where the parties respectively dwell.
Sec. 4. And be it further enacted, That any senator, jus- Who may tice of the supreme judicial court, justice of a court of join percommon pleas, or warden, minister or elder as aforesaid, marriage. actually residing in this State, is fully empowered and authorized to join persons together in marriage; provided Proviso. they may lawfully enter thereinto, and have been lawfully published: and the solemnization of marriage shall be performed in the presence of two credible witnesses at the least, besides the officer or minister who shall join any persons in marriage; and the fee for marrying shall be one dollar.
Sec. 5. And be it further enacted, That no person by No white this act authorized to join persons in marriage, shall join ried to a in marriage any white person with any negro, indian or negro, de. mulatto, on the penalty of two hundred dollars, to be recovered by action of debt, one moiety thereof to be paid to and for the use of the State, and the other moiety to
Parties to produce certificate
from another State.
and for the use of him who shall prosecute for the same; and all such marriages shall be absolutely null and void.
Sec. 6. And be it further enacted, That when any per
sons belonging to this State shall apply to be married by of publish- any person other than him who published the intention
of such marriage, they shall produce an authenticated certificate or certificates of both being duly published ac
cording to law. Also, if Sec. 7. And be it further enacted, That if any person or coming
persons shall come from another State, into any town in This State, to be married, he, she or they shall produce a certificate, under the hand of lawful authority, where such person or persons dwell, that he, she or they have been
duly published according to the laws of such State. Objections
Sec. 8. And be it further enacted, That if any person shall
have any lawful objection against any persons being joinriages how
ed in marriage, he or she may, with leave and assent of any senator, justice of the supreme judicial court, justice of the court of common pleas or warden, living in the same town where such publication is made, make such objection in writing under his or her hand, therein assigning the impediment, and affix the same under the publication, if the publication be in writing; but if the bans were published by any minister or elder as aforesaid, then the person making such objection in writing shall, in the presence of two witnesses, deliver such writing to the minister or elder who published the bans; whereupon, and in such cases, the solemnization of marriage shall be defer
red until such time as the truth of the objection can be Person ob- tried : Provided always, That the person who hath any jecting to such objection to make shall, previous to affixing up the recogni- same, or delivering thereof to such minister, enter into
recognizance, with two good sureties, before any senator, justice of the supreme judicial court, justice of the court of common pleas or warden, living in the town where such publication is made, to appear at the next court of general sessions of the peace for the county where such publication is made, and there make good and prove his or her allegations and matters of impediment, set forth in such writing of objection; and in default thereof, to pay the parties to be married all such damages as they shall sustain by means of staying their marriage; which court of sessions are hereby fully empowered to have cognizance of such matters, and to make order thereupon according to law.