chase

any

note, &c.

sheriff, or constable shall, directly or indirectly, buy, or not to purbe in any way or manner interested in buying, any bond, bill, promissory writing, book-debt, or other chose in action, unless in payment for estate, either real or personal, sold, or for services rendered, or for a debt or debts antecedently contracted without intent to evade or violate this act, on pain of forfeiting a sum equal to the amount of the bond, bill, promissory writing, book-debt, or other Forfeiture; chose in action, so unlawfully bought, -to be recovered in any proper action, by any person who may sue for the same, before any proper court, or by complaint or information of any informing officer. Provided, that this Proviso. act shall not be construed to prohibit the buying of any bill of exchange, draft, or other chose in action, purchased for the purpose of remittance, and not to evade this act.

how recover

may call upon the plaintiff, or

his attorney, to disclose as to the pur

chase of the note in suit.

SECT. 2. It shall be lawful for any defendant, in any Defendant suit brought on any bond, bill, prommissory writing, or other chose in action, to file his motion, if before any city court, or justice of the peace, at the time of his appearance, and if before any county court, on the second day of the session thereof-alleging that he verily believes, that the bond, bill, promissory writing, book-debt, or other chose in action, hath been bought contrary to the provisions of this act, and praying the court, or justice, to enquire into the truth thereof, by common law proof, or by the oath of the plaintiff, if a resident within this state, or by the oath of the attorney in such suit, if a resident without this state, which the court, or justice, is hereby authorized to do; and if the plaintiff, or attorney, in the cases aforesaid, shall refuse to disclose, on oath, regarding the facts alleged in said motion, or if on such disclosure, it shall appear that such bond, bill, promissory writing, book-debt, or other chose in action, hath been bought in violation of this act, the plaintiff shall be non-suited.

SECT. 3. In case any counsellor, or attorney at law, Counsellor or shall be guilty of a breach of this act, and shall be thereof attorney, conduly convicted, or by an enquiry instituted by the superior victed thereof, may be struck court, or any county court, shall be found to have from the roll. violated the same, he shall be struck off the roll of attornies, and counsellors, and be thereafter no longer permitted to practice in either of said capacities, in any court in this state, except in his own cause.

10

MANDAMUS.

TITLE 61. Mandamus.

An Act authorizing the Superior Court to grant
writs of Mandamus, Prohibition, and Quo
Warranto.

SECT. 1.

E it enacted by the Senate and House of Representatives, in General Assembly convened, Superiorcourt, That the superior court shall have power to issue writs of empowered to mandamus, in cases in which they may by law be granted, issue writs of and to proceed therein, and to render judgment according to the course of the common law.

mandamus.

Peremptory mandamus, when to be issued.

Court may enquire into truth

of return.

Judgment.

PROHIBITION.

By whom and

in what case,

a rule shall be granted.

SECT. 2. When a writ of mandamus is issued, requiring the party to whom it is directed to make a return, if such party shall refuse or neglect to do it, then the court may issue a peremptory mandamus.

SECT. 3. When the party to whom such writ is directed shall make a return sufficient on the face of it, if it shall be denied by the other party, it shall be competent for the court to enquire into the truth of it, and if they shall find it to be untrue, then to issue a peremptory mandamus, in the same manner, and on the same principles, as if the return was insufficient; and to render judgment for the complainant to recover his costs, and to grant execution for the same; but if the return shall be found to be true and sufficient, then to render judgment in favor of the party complained of, to recover his costs against the complainant.

SECT. 4. Be it further enacted, That when any person or persons, shall make complaint and suggestion to the superior court, when in session, or to either of the judges in vacation, that any inferior court or tribunal do exceed their jurisdiction, or hold plea of any matter, cause or thing, whereof by law such court has not cognizance, by which the person or persons suggesting are aggrieved; then in every such case, the superior court, or such judge, is impowered to grant a rule, subscribed by the clerk of the court, or such judge, directed to the party prosecuting, as well as to the judge or judges of such inferior court, as take cognizance of matters of which they have no right to hold plea, to appear before the superior court, or such judge, in such reasonable time as they or he shall appoint, to shew cause, why a writ of prohibition should not be issued against them. If the party complained of shall neglect or refuse to appear, said court or judge shall issue a writ of prohibition, as prayed for; but if such

party shall appear, he may plead any proper matter in
his defence; and said court or judge shall have power to Trial.
examine and decide upon the truth, as well as the suffi-
ciency, of the facts arising in the cause; and if they find

sufficient ground, shall issue a writ of prohibition to the Writ of prohi party prosecuting the suit, and to the judge or judges in the bition. court below, commanding them to proceed no further in

costs.

Disobedience

the trial of the suit; and shall also tax lawful costs in Applicant's favor of the applicant. And if the party in the court below, or the judge or judges of such court, disobey such writ of prohibition, then such superior court, or judge, punishable as shall have power to punish them for the contempt, ac- for a contempt. cording to the rules of the common law; and the party Damages reaggrieved shall have his action on the case to recover all coverable in the damages he may sustain. But if no sufficient reasons appear for granting a writ of prohibition, costs shall Costs in favor be taxed in favor of the party complained of, and execu- of party comtion granted for the same.

action on the

case.

plained of.

QUOWARRAN

SECT. 5. And be it further enacted, That when any per- TO. son or corporation, shall usurp the exercise of any office, franchise or jurisdiction, the superior court shall have Power of superior court to power to proceed by information in the nature of quo proceed by inwarranto, to punish them for such usurpation, according formation; to the usage and principles of the common law; and also, may permit an information in the nature of quo warranto, or to permit to be filed in the name of the attorney for the state in an information the county where the cause of action arises, at the relation of any person desiring to prosecute the same, against any person usurping any corporate franchise or office, and to proceed therein, and render judgment, according to the course of the common law.

to be filed, in

the name of the state's attorney, at the relation of any

one.

Notice of rule, and service of

writ.

SECT. 6. When notice of any rule is to be given, and service of any writ to be made, the same shall be directed to the sheriff of the county, or his deputy, or to a constable of the town, who shall leave a copy with the defendant, at such time as the court or judge shall direct, and make due return of his doings; and the superior court, or a judge of such court acting in vacation, shall have power Time of apto prescribe such time for the appearance of the parties pearance. as they shall judge to be reasonable, to give them an opportunity to make their defence.

316

Stockholders

sonally liable.

Title 62. Manufactures.....Title 63. Marriage.

TITLE 62. Manufactures.

An Act concerning incorporated Manufacturing
Companies.

[Enacted in May, 1817.]

E it enacted by the Senate and House of Representatives, in General Assembly convened, That neither the person, nor the private property of the stockholders not to be per- of manufacturing companies, now incorporated in this state, shall be liable for, or on account of, any contract which shall be made by such company, from and after the fourth day of July next, made for the sole benefit of said company. Provided, nevertheless, that none of said quiring a certi- companies shall take benefit of this act, unless such as amount of cap- shall, by the fourth day of July next, lodge a certificate with the town-clerk, of that town where the factory of such company is situated, (who is hereby directed to receive, and record the same,) containing the amount of the capital stock of such companies.

Proviso, re

ficate of the

ital stock.

That no person shall be joined in marriage, before the purpose or intention of the parties proceeding therein, hath been sufficiently published in some public meeting or congregation, on the Lord's day, or some public fast, thanksgiving or lecture-day, in the parish, or society, where the parties, or either of them, do ordinarily reside, or such purpose or intention be set up, in fair writing, upon some post or door of their meeting-house, or near the same, in public view, there to stand so as it may be read eight days before such marriage.

SECT. 2. The judges of the superior and county courts, justices of the peace, and ordained ministers, so long as they continue in the work of the ministry, shall have power to join any persons in marriage; and all marriages attempted to be celebrated by any other persons, shall be void. Provided nevertheless, that all marriages, which shall be performed and solemnized, according to the forms and usages of any religious denomination, in this state, shall be good and valid.

ents, &c.

SECT. 3. If any judge, justice of the peace, or ordain- Penalty for joining in mared minister, shall join any persons together in marriage, riage, without before the purpose or intention of the parties to be mar- publication of ried has been published or notified as aforesaid, and be- intention, or fore such magistrate, justice, or minister is certified of the consent of parconsent of the parents or guardians, (if any there be,) of such parties as are under the care and control of parents or guardians, he shall, for every such offence, forfeit and pay the sum of sixty-seven dollars; one moiety whereof shall be to him or them who shall complain of, and prosecute the same to effect, and the other moiety to the treasury of the county wherein the offence shall be committed. And if any person or persons shall deface or take down any notice set up in writing, as aforesaid, before the expiration of eight days after the time of its being set up; every such person or persons shall be fined the sum of three dollars.

Penalty for defacing or taking down notice.

be lodged with

SECT. 4. It shall be the duty of every person, who shall Certificate of hereafter join any persons together in marriage, or of the marriage to clerk of any religious society, according to the usages of town-clerk. which the marriage is performed, by the declaration of the parties, in open meeting, within thirty days after said marriage, to lodge a certificate of the same with the townclerk of the town, in which such marriage was performed. And it shall be the duty of the town-clerk, to record said certificate, at full length, in a book procured by him for this purpose; for which service said town-clerk shall be 'entitled to receive twelve and a half cents from the

per

Fee for record

ing.

son who shall lodge such certificate for record. A copy Copy of record of the record of such certificate, duly authenticated, shall to be received be received in evidence in all courts in this state.

in evidence.

cate.

SECT. 5. If any person, who shall hereafter join any Penalty for persons together in marriage, shall neglect or refuse to neglect to lodge a certificate of such marriage with the town-clerk, lodge certifias aforesaid, within thirty days after the celebration of such marriage, such person shall forfeit and pay the sum of fifteen dollars, for the use of the treasury of the town wherein such marriage was performed. And it shall be the duty of the treasurer of such town to prosecute the same to effect. And in case the treasurer, after notice Penalty on that a marriage has been performed, and not recorded, treasurer for agreeably to this act, shall neglect to prosecute for the neglect to aforesaid penalty, he shall forfeit and pay the sum of seven dollars, to any one who shall sue therefor.

prosecute.

SECT. 6. All marriages, which have heretofore been Former marperformed and celebrated, in this state, by a magistrate, riages declarjustice of the peace, or a minister, ordained, or qualified, ed valid. and empowered to celebrate marriages, according to the forms and usages of any religious society or denomination.