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Sec. 9. And be it further enacted, That if any senator, Penalty justice of the supreme judicial court, justice of the court for marry. of common pleas, warden, minister or elder as aforesaid, sons not shall join persons together in marriage without due and published, lawful publication, or when the publication hath been lawfully objected to, and the impediment not removed, the person so offending shall, upon conviction thereof, upon a bill of indictment before the supreme judicial court, forfeit and pay as a fine, a sum not exceeding one thousand dollars, nor less than fifty dollars, to be imposed at the discretion of the said court, to be holden in the county where the offence shall be committed ; one moiety of which fine shall be paid into the general treasury, and the other moiety to him or them who shall inform of the said offence; and the person so offending shall also be imprisoned for the space of six months.
Sec. 10. And be it further enacted, That if any senator, For marjustice of the supreme judicial court, justice of a court of rying percommon pleas, warden, minister or elder as aforesaid, husband shall presume to marry any man or woman whom he or wife. knows to have a wife or husband living, or hath had a wife or husband within his knowledge, and doth not know that such wife or husband is dead, in factor in law, or that the person offering to be married hath been lawfully divorced, such officer, minister or elder, so offending, and being thereof lawfully convicted before the aforesaid court
, shall pay as a fine to and for the use of the State, the sum of five hundred dollars, and be imprisoned for the space of six months.
Sec. 11. And be it further enacted, That whosoever shall For being presume to be married without duly proceeding as by this married act is required, shall forfeit and pay the sum of fifty dol-to this act. lars, one moiety thereof for the use of the State, and the other moiety to and for the use of him who shall prosecute for the same.
Sec. 12. And be it further enacted, That any marriages Quakers, which may be had and solemnized amongst the people &c. to be called Quakers or Friends, in the manner and form used according or practised in their societies, or among persons profes- to their sing the Jewish religion, according to their rites and ceremonies, shall be good and valid in law, any thing in this act to the contrary notwithstanding.
1701 '27 33 '98.
An act for Registering Marriages, Births and Burials.
Section 1. Be it enacted by the General Assembly, and by the A certifi- authority thereof it is enacted, That all persons having aumarriage thority to join persons in marriage shall, immediately afto be giv-ter the solemnization thereof, give a certificate in the fol
lowing form, to wit:
by me the subscriber. To be re
Sec. 2. And be it further enacted, That the persons married shall, within one month's time after their marriage, have such certificate registered in the town-clerk's office
of the town where their marriage was performed, on the Penalty. penalty of forfeiting for every month's neglect afterwards,
the sum of eight cents per month. Births and Sec. 3. And be it further enacted, That all births and deaths to deaths of children shall be registered by the town-clerk
of the town where they shall happen to be born or die, within two months after the birth or death; and that the
parents of such children who shall neglect to have them Penalty. registered as aforesaid, shall forfeit and pay for every
month's neglect afterwards, eight cents per month.
Sec. 4. And be it further enacted, That the town-clerks be and they are hereby empowered to recover all the fines and forfeitures contained in this act, that have arisen or shall arise, before a court of justices or wardens in the town where the fine shall arise, by an action of debt, one moiety thereof to the use of the town and the other moiety to the use of the said town-clerk who shall sue for the same : Provided always, That such suit be brought within two years after such marriage, birth or death.
Penalties, how recovered.
1734 '38 '98.
Owners of mills to improve their
An act for regulating Water-Mills. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That where any person
or persons have already or shall hereafter set up any waponds, &c. ter-mill or mills upon his or their own lands, or upon any
other lands with the consent of the proprietors thereof, that then the owner or owners of such mill or mills shall have free liberty to continue and improve the pond or ponds in such land for their best advantage, without any molestation: and if the land of any person or persons Remedy shall be injured by being overflowed by the owners or for per
sons injuroccupants of such mills stopping or raising the water, ed by that in every such case the party so aggrieved may make such
ponds. application for relief to the court of general sessions of the peace, in the county where such mills or ponds are ; which court is hereby empowered to issue a warrant, directed to the sheriff of said county, to summon and empannel a jury of twelve or more of good and lawful men, at the cost and charge of the owner or owners of such mill or mills; and the said jury shall be sworn by a justice of the peace to a faithful and impartial appraisal of the yearly damage done to the lands of the person complaining as aforesaid: and the jurors' verdict being returned by the hand of the sheriff to the next court of general sessions of the peace for the county where such mill or pond is, and being allowed and recorded, shall be a sufficient bar against any action to be brought for any damages occasioned by the flowing of such lands as aforesaid, save only an action of debt which the complainant may Action of bring for the recovery of such yearly sum or sums of debt may money from the owner or occupant of such mill assessed brought as aforesaid, during the time of such flowing: but if the for the jury find no damage for the complainant, then he or they damages. shall be at the cost of the jury, to be allowed by the jus. tices of said court.
Sec. 2. And be it further enacted, That when any persons Disputes have or shall erect or build any mill or mills in partner-between ship, and where each of the partners has a property in prostownthe place where said millor mills are or shall be erected mills, how or built, and any controversy or dispute hath arisen or shall arise between the owners of said mills, whereby said mills shall go to ruin and become useless, that then and in such case it shall and may be lawful for the partner or partners who are desirous said mill or mills should be kept in repair, to take with him or them two good and credible freeholders of the neighborhood, and with them to go to the owner or partners who neglect to maintain, repair and rebuild his or their part of said mill or mills, and request or demand of him or them to repair or re-Owner in build his or their part of said mill or mills, as the case be remay require; and if the said owner or partners still re-quested to fuse or neglect to repair or rebuild as aforesaid, that then repair. and in such case the owner or partner thereby aggrieved, may make his or their application to the court of general
ment of rent.
sessions of the peace, within the county where such difNeglect- ference arises ; which court, upon proof of his or their ing, court, proceedings as is above required, is hereby fully empow. to grant ered to grant forth a licence to the partners or owners so licence for complaining to repair and maintain said mill or mills so
gone to ruin, and the same to improve to their best adUpon pay- vantage; always upon condition that he or they shall pay
or cause to be paid to the other owners or partners, such and so much yearly rents for his or their parts of lands, waters and privileges, as are of necessity to be made use of for said mills, as the said partners or owners agree upon: but in case it shall so happen that the said owners cannot agree upon the yearly rents aforesaid, that then and in such case the owner or partners who have neglected to repair his or their parts as aforesaid, may make ap
plication to the court of general sessions of the peace, To be as- which is hereby empowered to send a jury, in the manner certained aforesaid, to value the yearly rents of said lands, waters by jury, in
and privileges ; and the owner or partners who occupy said mills and privileges are to pay the rents yearly, ac
cording to the value set by the said jury. Such own
Sec. 3. And be it further enacted, That if the owners or partners of said mills who have neglected to maintain his or their parts as aforesaid, after said mill is repaired or rebuilt by the other partners as aforesaid, shall again desire to have his or their parts and improve the same themselves, that then and in such case the owners or partners who have repaired or rebuilt said mills shall render true and perfect accounts of the costs and charges of repairing
and rebuilding as aforesaid, to the other partner or partUpon pay. ners who have neglected as aforesaid, who, upon the
payment of his or their proportionable part of said charges, charges,
shall and may re-enter into such his part or proportion of said mills, saving where there is or shall be any contract to the contrary,
And to the end that rivers and streams of water may be improved and made as useful to the public as possible :
Sec. 4. Be it further enacted, That all and every person or kept open. persons owning any dam or mill in this State shall, at all
times from the twenty-sixth day of June to the twentysixth day of October, annually for ever, maintain a wastegate in their said dam, sufficient to vent so much water as naturally runs in said river; and after the water shall have risen to the height of three feet perpendicular on
gate to be
his or their flumes, which convey the water to his or their water-wheel, keep the same open from six of the clock in the morning until nine of the clock at night of each day during the time abovesaid, if the same be desired by any persons owning any mill within one mile below such miil on the same stream; except when said upper mill is going, at which time the waste-gate of said upper
may be kept shut down.
Sec. 5. And be it further enacted, That if at any time or Penalty times hereafter, any person or persons whosoever, owning for nego any such dam or mill, shall refuse or neglect to keep said waste-gate open as aforesaid, and be thereof duly convicted before any two or more of the justices of the peace, within the town where the offence shall be committed, such person shall forfeit the sum of seven dollars, the one half thereof to the informer and prosecutor, and the other half to and for the use of said town.
An act regulating Millers in their taking Toll. Section 1. Be it enacted by the General Assembly, and by Millers to the authority thercof it is enacted, That no miller or person take a sixtaking corn or grain to grind shall, upon any pretence part for whatsoever, take more toll for grinding the same than a grinding. sixteenth part, or two quarts for grinding a bushel, and so proportionably for a greater or lesser quantity, upon the penalty of forfeiting a fine of one dollar for each of- Penalty fence; the one half thereof to the informer, and the other for taking half to the use of the town where such offence shall be committed: the offender to be tried before any one justice of the peace or warden of such town where such offence shall be committed ; and the party offending shall be liable to pay the party aggrieved his lawful damages; excepting where any miller or person erecting a mill shall Except. for some reason make a particular contract with any town or person for greater toll; then such miller or person tending such mill shall not be liable to such penalty, except he or they exceed the toll contracted for.
Sec. 2. And be it further enacted, That all millers and Duty of persons tending mills shall make good meal, according to custom, and grind for each person bringing corn or grain to be ground in his turn without distinction, upon the penalty aforesaid, to be recovered in manner abovesaid, and applied one half to the informer, and the other