Smith, David M. and Mary A. Miller. Nov. 30. Feb'y 3. Feb. 17. Sept. 17. Nov. 30. 1870. Askew, J. M. and Emma Jane Boyce. Dec. 29. Bass, Thomas E. and Sarah C. Spruell. Feb'y 3. July 24. Boyce, Norfleet and Nancy R. Goodwin. August 4. Blanchard, Wm. A. M. and Celia E. Rountree. Oct. 6. Bland, T. B. and Alethea A. Benbury. Oct. 11. Coffield, Wm. H. and Mary E. Gaskins. Jan'y 19. Caddy, John L. and Jane Whitman. Jan'y 30. Chapple, James W. and Henrietta Copeland. Dec. 28. Creecy, William and Mrs. Mary Jones. Dec. 27. Davis, Miribeau, L. T. and Anna Norfleet. June 22. Douglas, Joseph A. and Mary A. Ferebee. Oct. 13. Hunter, Benj. F. and Mrs. Sarah M. Welch. March 2. Harris, Myles D. and Martha Bunch. May 22. Hoskins, Wilson W. and Mrs. Martha Elliott. Oct. 26. Hobbs, Micajah W. and Penelope Hurdle. Dec. 22. Jordan, Hance and Mary Perry. Feb'y 8. Jones, Whitmell and Margaret J. Topping. Jones, Edward B. F. and Virginia D. Hall. Oliver, Joseph and Mary E. Bass. April 7. Perry, Anderson S. and Elizabeth V. Ward. Parker, Luther and Ellen F. Simpson. Dec. Parish, Richard E. and Sarah P. Williams. Stallings, Timothy P. and Martha C. Hurdle. Feb'y 10. April 18. July 6. 7. Dec. 21. Dec. 21. March 24. Smith, Isaac and Mrs. Sarah E. Mann. Dec. 27. Williams, Josephus and Roxana Perry. Dec. 22. This concludes the marriage bonds of Chowan County as far down as we propose to bring them, leaving the remainder for compilation by another after we shall have crossed the river. AN ACT CONCERNING MARRIAGES. We I. For preventing Clandestine and unlawful Marriages. pray that it may be Enacted, &c. That every Clergyman of the Church of England, or for want of such, any lawful Magistrate, within this Government, shall, and they are hereby directed, to join together in the Holy Estate of Matrimony, such Persons who may lawfully enter into such a Relation, and have Complied with the Directions hereinafter contained. II. That no Justice of the Peace of any County in this Government, shall join together in Marriage, any Persons whosoever in any Parish where a Minister shall reside and have a Cure, without Permission first had and obtained from such Minister; under the Penalty of Five Pounds Proclamation Money, to the Use of the Minister. III. That no Minister or Ministers, Justice or Justices of the Peace, within any of the Parishes of this Government, shall celebrate any rites of Matrimony between any persons or join them together as Man and Wife, without License first had and obtained for that purpose, according to the Directions of this Act, or Thrice Publication of the Banns, as prescribed by the Rubrick in the Book of Common Prayer; and if any Minister or Ministers, Justice or Justices of the Peace shall, contrary, to the true Intent and Meaning of this Act, Celebrate the Rites of Matrimony between any Persons or otherwise join them in marriage, he or they so offending shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; to be recovered and applied as herein after is directed; And if any Minister shall go out of this Government and there, contrary to the true Intent and Meaning of this Act, join together in Matrimony anv Person or Persons belonging to this Government, without such License, or Puplication of Banns, as is herein prescribed, every Minister so offending shall incur the same Penalties and Forfeitures, as if the same had been done in this Government. IV. Provided, &c. That where any Parish or Parishes have not a Minister, it shall and may be lawful for the Clerk or Reader which shall be appointed by the Vestry of the said Parish, to publish the Banns between any persons desiring the same, and if no Objection. be made, to grant a Certificate thereof; and such Certificate shall be sufficient for any Minister or Justice of the Peace, to Solemnize the Rites of Matrimony between the Parties so published. V. That if any Minister, Clerk or Reader, shall grant a false Certificate, he or they so offending, shall be liable to such Punishment as in Case of Forgery at Common Law; and all such offences shall be prosecuted, tryed, and determined, in the General Court of this Province. VI. That all Licenses for Marriages shall be issued by the Clerk of the Court of that County where the Feme shall have her usual Residence, and by him only and in such Manner, and under such Rules and Directions, as are herein after provided; that is to say, He shall take Bond, to our Sovereign Lord the King, his Heirs and Successors, with good Sureties, in the Penalty of Fifty Pounds, Proclamation Money, under Condition, That there is no lawful Cause to obstruct the Marriage for which the License shall be desired: And if either of the Persons intended to be married shall be under the Age of Twenty-one Years, and not theretofore Married, the Consent of the Parent or Guardian shall be personally given before the said Clerk, or signified under the Hand and Seal of the said Parent or Guardian, and attested by two Witnesses; all which being done the Clerk shall write the License, and shall Certify specially the said Bond. And if the Persons in the License, or either of them, be under the Age of Twenty-one Years, he shall also certify the consent of the Parent or Guardian of such Person so under Age, and the Manner thereof, to the first Justice in Commission of the Peace for that County, or to such other Person as shall be thereto commissionated by the Governor or Commander-in-Chief for the Time bein which Premises being performed, the Justice of the Peace or other Person Commissioned as aforesaid, is hereby authorized, impowered and required to sign and direct the said License, and a License so obtained and signed, and no other whatsoever, is declared to be a lawful License, according to the true Intent and Meaning of this Act. And if any County Court Clerk shall, in any Manner, issue any License of Marriage, or, Contrary to this Act make Certificate of any License of Marriage; and if any Person whatsoever shall sign or direct a License in any other Manner than is by this Act permitted and allowed, all and every Person or Persons so offending, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; to be recovered and applied as herein after is directed. VII. That if any Minister or Reader shall willingly 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 willingly 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 Proclamation Money, to the use of the Master or Owner of such Servant; to be recovered by Action of Debt, Bill, Plaint or Information: And every Servant so married, without the Consent of his or her 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. VIII. That the Clerk of each County, Annually, at or before the Twenty Fifth Day of March, shall send or deliver to the Governor or Commander-in-Chief for the Time being an exact Account of the Marriage Licenses issued by him; and each Clerk failing herein, shall forfeit and pay the Sum of Five Pounds, Proclamation Money; to be levied and applied as hereinafter directed. IX. That the Fees upon the said Marriages shall be as followeth : that is to say, To the Governor or Commander-in-Chief for the Time being, for each License of Marriage, Twenty Shillings, Proclamation Money. To the Clerk of the County Court, for issuing the same, and taking the Bond, Five Shillings, of the like Money. To the Minister for marrying, if by License, Ten Shillings, if by Banns Five Shillings, of the like Money. To the Justice of the Peace, for marrying, Five Shillings. To the Minister or Reader, for publishing the Banns, and granting Certificate, One Shilling and Six Pence, of the same Money. X. That if any Minister or Justice of the Peace of any County or Parish where a Clergyman doth not reside, shall refuse to celebrate the Rites of Matrimony, for the Fees herein set down and allowed, or shall demand or receive, for marrying, either by themselves, or by any other Person for them, any larger Fees than before mentioned to be allowed to the Minister or Justice of the Peace, he shall forfeit and pay, for every such Offence, that is to say, if the Marriage was to have been by License, Ten Pounds, or if by Banns, Five Pounds, Proclamation Money. One Moiety of all the Fines and Forfeitures in this Act before mentioned and not particularly appropriated, to be paid to the Church wardens of the Parish for the time being, for the Use of the Parish where the Offence shall be Committed, the other Moiety to him or them that will inform or sue for the same; to be received, with Costs by Action of Debt, Bill, Plaint or Information. XI. That if the Minister or Reader of any Parish in this Government, shall refuse to publish and certify the Banns, for the Fees herein set down, and allowed him for the same, he shall, for every such offence, forfeit and pay to the Party grieved, Ten Pounds, Proclamation Money; to be recovered as before mentioned. XII. Provided always, That the Minister serving the Cure of any Parish, shall have the Benefit of the Fee for Marriages in the said Parish, if he do not neglect or refuse to do the service thereof, altho' any other Person performed the Marriage Ceremony. XIII. And for Prevention of that Abominable Mixture and Spurious Issue, which hereafter may increase in this Government, by White Men and Women, intermarrying with Indians, Negroes, Mustees or Mulattoes; Be it Enacted by the Authority aforesaid, That if any white Men or Women, being free, shall intermarry with an Indian, Negro, Mustee, Mulatto Man or Woman, or any Person of Mixt Blood, to the Third Generation, bond or free, he shall, by Judgment, of the Court, forfeit and pay the Sum of Fifty Pounds, Proclamation Money, to the use of the Parish. XIV. That no Minister of the Church of England, or other Minister, or Justice of the Peace, or other Person whatsoever within this Government, shall hereafter presume to marry a White man with an Indian, Negro, Mustee or Mulatto Woman, or any Person of mixt Blood, as aforesaid, Knowing them to be so, upon Pain of forfeiting and paying, for every such offence, the Sum of Fifty Pounds, Proclamation Money; to be applied as aforesaid. XV. That the several Fines and Forfeitures in this Act, which exceed the Sum of Twenty Six Pounds, Thirteen Shillings and Four Pence, Proclamation Money, shall be heard, tryed, and determined, in the General Court of this Province; and all under the aforesaid Sum, shall be heard, tryed, and determined, in the Court of the County where the offence shall be committed. XVI. That all and every Act and Acts, and every Clause and Article thereof heretofore made, so far as relates to any Matter or Thing whatsoever within the Province of this Act, is and are hereby repealed and made void, to all Intents and Purposes, as if the same had never been made. |