| 1717. |
2 and 3 CHARLES Lord BALTIMORE.
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CHAP.
XIV. |
the Governor and Council, to the very great Trouble of the Persons
concerned,
and the Public Charge: Which to prevent, and to give a speedy
Redress
in all such Matters;
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the
Upper and Lower
Houses of Assembly, and the Authority of the same, That from
and after the
End of this present Session of Assembly, any Justice of the Provincial
oe
County Courts within this Province, be, and are hereby authorized and
impowered,
to hear and determine all Manner of Controversies and Differences
whatsoever, that shall or amy hereafter happen or grow, between the
English
and Indians, in private and personal Controversies, not exceeding
the Value of
Twenty Shillings Sterling.
III. And be it
further Enacted, by the Authority aforesaid, That any of
the
Justices aforesaid, be, and are hereby authorized and impowered, upon
hearing
and determining any such Difference or Controversy as aforesaid, and
Judgment thereupon given, either Party refusing to perform the same,
then
and in every such Case, the Justice so impowered as aforesaid, shall
by Way of
Distress take into his Custody any of the Goods and Chattels of the
Offender,
and out of the same make full Satisfaction to the Party wronged, at
the Discretion
of the said Justice, and the Overplus to return to the Owner thereof.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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CHAP. XV.
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Passed 8th
June 1717. |
An ACT for the Publication of Marriages, and to prevent unlawful
Marriages. Lib. LL. N° 4. fol.
380. |
The Banns of
Marriage to
be published
in the Parish
where the
Woman resides.
How Publication
may
be made
where there
is no Minister
or Reader.
Penalty on
Persons marrying
without
Publication,
&c. or Licence
from
the Governor,
and on
the Minister. |
Be it Enacted, by the Right
Honourable the Lord Proprietary, by and with
the Advice and Consent of his Lordship's Governor, and the Upper
and
Lower Houses of Assembly, and the Authority of the same, that
all Persons
who desire Marriage, shall apply themselves to a Minister for the contracting
thereof, and shall cause due Publication to be made, according to the
Rubrick of the Church of England, or their Intent to marry,
at some Church
or Chapel of Ease belonging to the Parish wherein the Woman, so intended
to be married, shall be resident: And in case there be no Minister,
Curate or
Reader in such Parish, an Advertisement or public Notification of such
intended
Marriage, shall be set up at the Court-house Door of the County
where such Marriage shall be intended, there to remain for the Space
of Three
Weeks at the least, of which Advertisement put up as aforesaid, the
Clerk of
the County Court, where such Advertisement shall be so put up, shall
make
a Certificate under his Hand, and the Seal of the County; and that
it shall
and may be lawful after such Publication, and Certificate thereof had,
for any
Minister, duly qualified, to join together in Matrimony, any such Persons
so Published, according to the Liturgy of the Church of England;
saving to
the Minister of the respective Parishes, where such Publication shall
be made,
their just Dues for such Marriages.
II. And if
any Person shall presume to contract Marriage, without such
Publication, and Certificate thereof had as aforesaid, or without particular
Licence from the Governor, for the TIme being, do privately contract
Marriage,
every Man so contracted or married, shall be liable to a Fine of Five
Thousand Pounds of Tobacco; and every such Minister joining in Marriage
any Persons without Publication, or Licence, or any ways infringing
this Act,
shall be liable to a Fine of Five Thousand Pounds of Tobacco; one Half
of the said Fines to the Lord Proprietary, his Heirs and Successors,
for the
Support of Government of this Province, the other Half to the Informer;
to be recovered in any Court of Record, by Action of Debt, Bill, Plaint
or
Information, wherein no Essoin, Protection, or Wager of Law to be allowed. |
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