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sheriff, or constable shall, directly or indirectly, buy, or
be in any way or manner interested in buying, any bond,
bill, promissory writing, book-debt, or other chose in ac-
tion, 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
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 in-
formation of any informing officer. Provided, that this
act shall not be construed to prohibit the buying of any
bill of exchange, draft, or other chose in action, pur-
chased for the purpose of remittance, and not to evade
this act. -
sect. 2. It shall be lawful for any defendant, in any
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 ap-
pearance, and if before any county court, on the second
day of the session thereof—alleging that he verily be-
lieves, 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 plain-
tiff, or attorney, in the cases aforesaid, shall refuse to dis-
close, 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,
shall be guilty of a breach of this act, and shall be thereof
duly convicted, or by an enquiry instituted by the superior
court, or any county court, shall be found to have
violated the same, he shall be struck off the roll of attor-
nies, and counsellors, and be thereafter no longer permit-
ted to practice in either of said capacities, in any court
in this state, except in his own cause.

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not to purchase any note, &c.

Forfeiture;

how recovered.

Proviso.

Defendant
may call upon
the plaintiff, or
his attorney,
to disclose as
to the pur-
chase of the
note in suit.

Counsellor or attorney, convicted thereos, may be struck from the roll.

TITLE 61. JMandamus.

An Act authorizing the Superior Court to grant

writs of Mandamus, Prohibition, and Quo Warranto.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That the superior court shall have power to issue writs of mandamus, in cases in which they may by law be granted, and to proceed therein, and to render judgment according to the course of the common law. 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 examine and decide upon the truth, as well as the sufficiency, of the facts arising in the cause; and if they find sufficient ground, shall issue a writ of prohibition to the party prosecuting the suit, and to the judge or judges in the court below, commanding them to proceed no further in the trial of the suit; and shall also tax lawful costs in 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, shall have power to punish them for the contempt, according to the rules of the common law; and the party aggrieved shall have his action on the case to recover all the damages he may sustain. But if no sufficient reasons appear for granting a writ of prohibition, costs shall be taxed in favor of the party complained of, and execution granted for the same. sect. 5. And be it further enacted, That when any person or corporation, shall usurp the exercise of any office, franchise or jurisdiction, the superior court shall have power to proceed by information in the nature of quo warranto, to punish them for such usurpation, according to the usage and principles of the common law ; and also, may permit an information in the nature of quo warranto, to be filed in the name of the attorney for the state in 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. 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 to prescribe such time for the appearance of the parties as they shall judge to be reasonable, to give them an opportunity to make their defence.

MANDAMUs.

Superior court, empowered to issue writs of 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. 1.

Trial.

Writ of prohibition.

Applicant's costs.

Disobedience punishable as for a contempt. Damages recoverable in action on the Case. Costs in favor of party complained of.

auo wartitanto.

Power of superior court to proceed by information ;

or to permit an information to be filed, in the name of the state's attorney, at the relation of any One.

Notice of rule, and service of writ.

Time of appearance.

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Stockholders not to be personally liable.

Proviso, requiring a certificate of the amount ofcapital stock.

Intention of marriage, how to be published.

Who may join persons in marriage.

Proviso.

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 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 companies shall take benefit of this act, unless such as 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.

TITLE 63. Marriage.

An Act for the due and orderly celebrating of
Marriage.

SECT. 1. B% it enacted by the Senate and House of Rep-
resentatives, in General Assembly convened,
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 pow-
er to join any persons in marriage; and all marriages at-
tempted 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.

sect. 3. If any judge, justice of the peace, or ordained minister, shall join any persons together in marriage, before the purpose or intention of the parties to be married has been published or notified as aforesaid, and before such magistrate, justice, or minister is certified of the consent 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. sect. 4. It shall be the duty of every person, who shall hereafter join any persons together in marriage, or of the clerk of any religious society, according to the usages of 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 person who shall lodge such certificate for record. A copy of the record of such certificate, duly authenticated, shall be received in evidence in all courts in this state. sect. 5. If any person, who shall hereafter join any persons together in marriage, shall neglect or refuse to lodge a certificate of such marriage with the town-clerk, as 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 that a marriage has been performed, and not recorded, *...* to this act, shall neglect to prosecute for the aforesaid penalty, he shall forfeit and pay the sum of seven dollars, to any one who shall sue therefor. sect. 6. All marriages, which have heretofore been performed and celebrated, in this state, by a magistrate, justice of the peace, or a minister, ordained, or qualified, and empowered to celebrate marriages, according to the forms and usages of any religious society or denomination.

Penalty for joining in marriage, without publication of intention, or consent of parents, &c.

Penalty for defacing or taking down notice.

Certificate of
marriage to
be lodged with
town-clerk.

Fee for record-
ing.
Copy of record
to be received
in evidence.

Penalty for neglect to lodge certificate.

Penalty on treasurer for neglect to prosecute.

Former marriages declared valid.

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