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THOMAS JOHNSON, Esq; Governor.
shall wittingly celebrate the rites of matrimony between any such, without
leave
of the master or mistress of such servant, he shall forfeit and pay for
every offence
fifty pounds current money. |
1777.
CHAP.
VII. |
XII. And be
it enacted, That all licences for marriage shall be issued by the
clerk of the court of that county where the woman shall have her usual
residence,
under the seal of his county, in the following form, to wit:
Whereas application hath been made to me by A. B. of
________ county, and
C. D. of _______ county, for licence to be joined in holy matrimony:
These
are therefore to authorise and license you to solemnize the rites of marriage
between
the said persons, according to law, appearing to you no lawful cause
or just impediment, by reason of any consanguinity or affinity, to hinder
the same.
Given under my hand and the seal of my office this _______
day of _______ in
the year seventeen hundred and _______.
To the reverend Mr. _________ __________, or any other person qualified
by law
to celebrate the marriage in the state of Maryland. |
County clerks
to issue licences,
&c. |
XIII. And be
it enacted, That there shall be paid to the clerk granting such
licence the sum of thirty shillings current money, and he shall annually
in the
month of November, return on oath a list of licences by him granted, the
date,
and the persons to whom granted, to the treasurer of his shore; and shall
at such
time pay to such treasurer twenty-five shillings current money for each
licence by
him granted, for the use of this state, under the penalty of one hundred
pounds
current money, and may retain five shillings on each licence for his trouble. |
Thirty shillings
to be
paid for licence,
&c. |
XIV. And be
it enacted, That the chancellor shall and may hear and determine
all causes for alimony, in as full and ample manner as such causes could
be heard
and determined by the laws of England in the ecclesiastical courts there. |
Chancellor to
determine
causes for alimony,
&c. |
XV. And be it
enacted, That the general court may inquire into, hear and determine,
either on indictment or petition of either of the parties, the validity
of
any marriage, and may declare any marriage contrary to the table in this
act, or
any second marriage, the first subsisting, null and void; and on appeal
the depositions
and evidence given in the cause shall be transmitted with the record to
the
court of appeals, and thereupon such cause shall be heard, determined and
adjudged
de novo. |
General court
to determine
the validity of
marriages,
&c. |
CHAP. XIII.
An ACT for the more speedy and effectual recovery of common
law fines, and forfeited recognizances. |
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WHEREAS the public administration of justice has
been greatly impeded
by the many forfeitures of recognizances taken for the appearance of
offenders, and witnesses against them, and the irregular collection
of
the stipulated sums thereon due; and also on the common law fines imposed
on
public delinquents; |
Preamble. |
II. Be it therefore
enacted, by the general assembly of Maryland, That from
and after the first day of June next, whenever any recognizance, taken
for the
appearance of any person or persons to answer, or of any person or persons
to testify,
shall be forfeited in any court of record, or where any fine or fines shall,
after the said first day of June next, be imposed by any court of record
for any
common law offence, on any person or persons, it shall and may be lawful
for the
attorney-general, or either of his deputies, to order a writ or writs of
capias ad satisfaciendum,
or a writ or writs of fieri facias, to be issued for the recovery
of the sum
or sums thereon due, on which writ or writs such proceeding shall and may
be had,
as in cases where similar writs are issued on judgments obtained
in personal suits. |
Recognizances
forfeited,
&c. attorney-general
to order writs,
&c. |
III. And be
it enacted, That all sums which shall arise due for such forfeitures
and fines, shall be paid into the hands of the attorney-general, or his
deputies, in
their respective counties, and shall be by them respectively paid over
yearly, on or |
Fines to be
paid to attorney-general,
&c. |
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