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sheriff, or constable shall, directly or indirectly, buy, or
not to purchase any note, &c.
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.
Superior court, empowered to issue writs of mandamus.
when to be
Court may enquire into truth of return.
By whom and
Writ of prohibition.
Disobedience punishable as for a contempt. Damages recoverable in action on the Case. Costs in favor of party complained of.
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.
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.
Title 62. Manufactures.....Title 63. Marriage.
TITLE 62. Manufactures.
An Act concerning incorporated Manufacturing
[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
SECT. 1. B% it enacted by the Senate and House of Rep-
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.
Fee for record-
Penalty for neglect to lodge certificate.
Penalty on treasurer for neglect to prosecute.
Former marriages declared valid.