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TITLE XIX.

SEC. 11. It shall be the duty of the township clerk, upon the presenand the pay

purpose,

CHAPTER 82. tation of any such instrument or copy for that Township clerk ment of his fees, to endorse thereon the time of receiving the same, to file mortgages. and to deposite such instrument or copy in his office, to be kept for the inspection of all persons interested.

Names of parties to be entered.

Void unless renewed in one

year.

Subsequent renewals.

Certified copy of, evidence of

what facts.

Fees of township cler ks.

SEC. 12. Such township clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of the mortgagors alphabetically, and shall note therein the time of filing each instrument or copy.

SEC. 13. Every such mortgage shall cease to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing of the same or a copy thereof, unless within thirty days next preceding the expiration of the year, the mortgagee, his agent or attorney, shall make and annex to the instrument or copy on file as aforesaid, an affidavit, setting forth the interest which the mortgagee has by virtue of such mortgage, in the property therein mentioned, upon which affidavit the township clerk shall endorse the time when the same was filed.

SEC. 14. The effect of any such affidavit shall not continue beyond one year from the time when such mortgage would otherwise cease to be valid, as against subsequent purchasers or mortgagees in good faith; but within thirty days next preceding the time when any such mortgage would otherwise cease to be valid as aforesaid, a similar affidavit may be filed and annexed as provided in the preceding section, and with the like effect.

SEC. 15. A copy of any such instrument, or of any copy thereof, so filed as aforesaid, including any affidavits annexed thereto in pursuance of this chapter, certified by the township clerk, in whose office the same shall be filed, shall be received in evidence, but only of the fact that such instrument, copy or affidavit was received and filed, according to the endorsement of the township clerk thereon, and of no other fact.

SEC. 16. The township clerks shall be entitled to receive the following fees for services under the provisions of this chapter: For filing each instrument, copy or affidavit, six cents; for entering the same in a book, six cents for each party to such instrument; for searching for each paper, six cents, and the like fees for certified copies of such instruments, copies or affidavits, as are allowed by law for copies of records kept by registers of deeds.

CHAPTER 82.

GENERAL PROVISIONS RELATING TO FRAUDULENT CONVEYANCES

CONTRACTS.

AND

Conveyances to hinder or defraud creditors, void.

SECTON 1. Every conveyance or assignment, in writing or other wise, of any estate or interest in lands, or in goods or things in action, or of any rents or profits issuing therefrom, and any charge upon lands, goods or things in action, or upon the rents or profits thereof, made with the intent to hiuder, delay or defraud creditors or other

CHAPTER 82.

persons of their lawful suits, damages, forfeitures, debts or demands, TITLE XIX. and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.

to be in writing.

SEC. 2. Every grant or assignment of any existing trust in lands, Grants of trusts goods or things in action, unless the same shall be in writing and signed by the party making the same, or by his agent lawfully authorized, shall be void.

SEC. 3. Every conveyance, charge, instrument or proceeding, de- Certain conveyances, &c., void, clared by law to be void as against creditors or purchasers, shall be as against heirs, equally void as against the heirs, successors, personal representatives &c. or assigns of such creditors or purchasers.

SEC. 4. The question of fraudulent intent, in all cases arising under Fraudulent inthis, or either of the last two preceding chapters, shall be deemed a question of fact, and not of law.

appear

tent a question
of fact.

8 Cowen, 406.
3 Paige, 557.
Purchaser with-
out notice pro-
tected.

SEC. 5. None of the provisions of this, or the last two preceding chapters, shall be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall that he had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor. SEC. 6. The term " conveyance," as used in this and the preceding Term "conveyeightieth chapter, shall be construed to embrace every instrument in ance," how con writing, except a last will and testament, whatever may be the form of such instrument, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.

strued.

TITLE XX.

CHAPTER 83.

TITLE XX.

OF THE DOMESTIC RELATIONS.

Chapter 83. Of Marriage and the Solemnization thereof.
Chapter 84. Of Divorce.

Chapter 85. General Provisions concerning Husband and Wife.
Chapter 86. Of Guardians and Wards.

Chapter 87. Of Masters, Apprentices and Servants.

Who shall be

capable of con

CHAPTER 83.

OF MARRIAGE AND THE SOLEMNIZATION THEREOF.

SECTION 1. Every male who shall have attained the full age of tracting marri eighteen years, and every female who shall have attained the full age of sixteen years, shall be capable in law of contracting marriage, if otherwise competent.

age.

Marriage is a civil contract.

Who shall not intermarry.

Ib.

Who not to marry.

1 Pick., 136.

8 do 433.

Ib.

12 Mass., 363.

Marriage, by whom solemmized.

One of parties to

oath.

SEC. 2. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of parties capable in law of contracting, is essential.

SEC. 3. No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister.

SEC. 4. No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, nor her brother, brother's son, sister's son, father's brother, or mother's brother.

SEC. 5. No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved.

SEC. 6. No white person shall intermarry with a negro, and no insane person or idiot shall be capable of contracting marriage.

SEC. 7. Marriages may be solemnized by any justice of the peace, in the county in which he is chosen; and they may be solemnized throughout the state by any minister of the gospel, who has been ordained according to the usages of his denomination, and who resides in this state, and continues to be a preacher of the gospel.

SEC. 8. All justices of the peace and ministers of the gospel are be examined on hereby authorized and required, before solemnizing any marriage, to examine at least one of the parties on oath, which oath they are hereby authorized to administer, as to the legality of such intended marriage.

TITLE XX.

CHAPTER 83.

SEC. 9. In the solemnization of marriage, no particular form shall be required, except that the parties shall solemnly declare, in the presence of the magistrate or minister, and the attending witnesses, that No particular they take each other as husband and wife; and in every case, there form required. shall be at least two witnesses, besides the minister or magistrate, present at the ceremony.

SEC. 10. Whenever a marriage shall have been solemnized pursu- Certificate of ant to the provisions of this chapter, the minister or magistrate who marriage. solemnized the same, shall give to each of the parties, on request, a certificate under his hand, specifying the names, ages and places of residence of the parties married, the names and residence of at least two witnesses who were present at such marriage, and the time and place of such marriage.

cate delivered to county clerk.

SEC. 11. Every justice and minister shall keep a record of the Record to be marriages solemnized before him, and within three months after the kept and certifi solemnization of any marriage, shall make and deliver to the clerk of the county in which the marriage took place, a certificate under his hand, containing the particulars mentioned in the preceding section. SEC. 12. All such certificates shall be recorded by the county clerk in a book to be kept by him for that purpose; and for recording the certificate, his same, the clerk shall receive a fee of twenty-five cents from such minister or justice, who shall also be entitled to receive the same from the parties, before the marriage.

Clerk to record

fee.

SEC. 13. Every justice and minister who shall neglect to make and Forfeiture for neglect. deliver to the clerk such certificate of marriage, shall forfeit for each neglect, a sum not less than twenty nor more than one hundred dollars; and every clerk who shall neglect to record such certificate, shall forfeit the like penalty.

SEC. 14. If any justice of the peace or minister of the gospel, Forfeiture for shall join any persons in marriage contrary to the provisions of this joining persons chapter, he shall forfeit for every such offence, a sum not exceeding trary to law. five hundred dollars.

in marriage con

rized, &c.

SEC. 15. If any person shall undertake to join others in marriage, Punishment of knowing that he is not lawfully authorized so to do, or knowing of persons unautho any legal impediment to the proposed marriage, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- 13 Pick., 111. ished by imprisonment in the county jail not more than one year, or by a fine not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment, in the discretion of the court.

cases.

6 Greenl., 148.

SEC. 16. No marriage, solemnized before any person professing to Marriage not be a justice of the peace, or a minister of the gospel, shall be deem- void in certain ed or adjudged to be void, nor shall the validity thereof be in any 7 Mass., 48. way affected, on account of any want of jurisdiction or authority in 1 Pick., 235, suc supposed justice or minister, provided the marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. SEC. 17. The preceding provisions of this chapter, so far as they Marriages among relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers; nor marriages among people of any other particular denomination, having, as such, any peculiar mode of solemnizing marriages; but such marriages may be solemnized in the manner heretofore used and practiced in their respective societies or denominations.

quakers, &c.

SEC. 18. The original certificates and records of marriage made Evidence.

LIBRA

CHAPTER 84.

TITLE XX by the minister or justice as prescribed in this chapter, and the record thereof made by the county clerk, or a copy of such record duly certified by such clerk, shall be received in all courts and places, as presumptive evidence of the fact of such marriage.

What marriages

cree of divorce.

CHAPTER 84.

OF DIVORCE.

SECTION 1. All marriages which are prohibited by law, on account void, without de- of consanguity or affinity between the parties, or on account of either of them having a former wife or husband then living; all marriages solemnized when either of the parties was insane or an idiot, and all marriages between a white person and a negro, shall, if solemnized within this state, be absolutely void, without any decree of divorce, or other legal process.

12 Mass. 363.

Ib.

Suit may be brought to annul marriage.

Suit to affirm marriage.

Sentence to im

life dissolves

SEC. 2. In case of a marriage solemnized when either of the parties was under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed void, without any decree of divorce or other legal process.

SEC. 3. When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned in the two preceding sections; either party, excepting in the cases where a contrary provision is hereinafter made, may file a petition or bill in the circuit court of the county where the parties, or one of them reside, or in the court of chancery, for annulling the same, and such petition or bill shall be filed, and proceedings shall be had thereon, as in the case of a petition or bill filed in said court for a divorce; and upon due proof of the nullity of the marriage, it shall be declared void by a decree or sentence of nullity.

SEC. 4. When the validity of any marriage shall be denied or doubted by either of the parties, the other party may file a bill or petition in the manner aforesaid, for affirming the mariage; and upon due proof of the validity thereof, it shall be declared valid by a decree or sentence of the court; and such decree, unless reversed on appeal, shall be conclusive upon all persons concerned.

SEC. 5. When either party shall be sentenced to imprisonment for prisonment for life in any prison, jail or house of correction, the marriage shall be thereby absolutely dissolved, without any decree of divorce or other legal process, and no pardon granted to the party so sentenced, shall restore such party to his or her conjugal rights.

marriage.

Divorce from

bond of matri

SEC. 6. A divorce from the bond of matrimony may be decreed by the circuit court of the county where the parties, or one them, reside, mony, for what or by the court of chancery, on the application by petition or bill of the aggrieved party, in either of the following cases:

causes may be decreed.

1. Whenever adultery has been committed by any husband or wife : 2. When one of the parties was physically incompetent at the time of the marriage:

3. When one of the parties has been sentenced to imprisonment

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