CHAPTER XIII.

MARRIAGES.

By sec. 1 of "An act concerning marriages," it is enacted "That all male persons over the age of seventeen years, and females over the age of fourteen years, may contract and be joined in marriage: Provided, in all cases where either party is a minor, the consent of parents or guardians be first had, as is hereinafter required." Gale's Stat., 459.

"SEC. 2. All persons belonging to any religious society, church, or denomination, may celebrate their marriage according to the rules and principles of such religious society, church, or denomination; and a certificate of such marriage, signed by the regular minister, or if there be no minister, then by the clerk of such religious society, church, or denomination, registered as hereinafter directed, shall be evidence of such marriage.

"SEC. 3. Any persons wishing to marry, or be joined in marriage, may go before any regular minister of the gospel, authorized to marry by the church or society to which he belongs, any justice of the supreme court, judge of any inferior court, or justice of the peace, and celebrate or declare their marriage, in such manner and form as shall be most agreeable. And such minister of the gospel, justice of the supreme court, judge, or justice of the peace, shall make a certificate of such marriage, and return the same, with the license, to the clerk of the county commissioners' court, who issued such license, within thirty days after solemnizing such marriage; and the clerk, after receiving such certificate, shall make a registry thereof, in a book to be kept by him for that purpose only; which registry shall contain the christian and sur-names of both the parties, the time of their marriage, and the name of the person certifying the same: and said clerk shall, at the same time, endorse on such certificate, that the same is registered, and the time when; which certificate shall be carefully filed and preserved, and the same, or a certified copy of the registry thereof, shall be evidence of the marriage of the parties."

"it

By "An act to amend the act concerning marriages,' is recited and enacted as follows: "Whereas, under the provisions of the law regulating the mode of celebrating the rites of matrimony, and designating the persons who may celebrate these rights, doubts are entertained as to the right of any minister of the gospel to celebrate those rights, unless he have authority conferred upon him by some express action of the society to which he belongs: Therefore,

"SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all marriages heretofore solemnized by ministers of the gospel, and those which may hereafter be so solemnized, shall be deemed and held to be lawful, and the issue of all such marriages shall be deemed legitimate: Provided this act shall not operate upon any marriages or issue, when such marriage was, or may be, consummated contrary to the laws of the land, for any other cause than that mentioned and provided for in this act." Sess. Laws, 1838-9, p. 277.

"SEC. 4. No person shall be joined in marriage as aforesaid, unless their intention to marry shall have been published at least two weeks previous to such marriage, in the church or congregation to which the parties, or one of them, belong; or unless such persons have obtained a license, as herein provided." Gale's Stat., 459.

"SEC. 5. In all cases where publication of such intention to marry has not been made, as before described, the parties wishing to marry shall obtain a license from the clerk of the county commissioners' court of the county where such marriage is to take place; which license shall authorize any regular minister of the gospel, authorized to marry by the church or society to which he belongs, any justice of the supreme court, judge, or justice of the peace, to celebrate and certify such marriage; but no such license shall be granted for the marriage of any male under twenty-one years of age, or female under the age of eighteen years, without the consent of his or her father, or if he be dead or incapable, of his or her mother or guardian, to be noted in such license. And if any clerk shall issue a license for the marriage of any such minor, without consent as aforesaid, he shall forfeit and pay the sum of three hundred dollars, to the use of such father, mother, or guardian, to be sued for and recovered in any court having cognizance thereof and for the purpose of ascertaining the age of the parties, such clerk is hereby authorized to examine either party, or other witness, on oath.

"Sec. 6. If any clerk shall, for more than one month, refuse or neglect to register any marriage certificate which has been, or may hereafter be delivered to him for that purpose, (his fee therefor being paid,) he shall be liable to be removed from office, and shall moreover pay the sum of hundred dollars to the use of the party injured, to be recovered by action of debt in any court having cognizance of the same.

"SEC. 7. If any minister, justice of the supreme court, judge, or justice of the peace, having solemnized a marriage, or clerk of any religious society, as the case may be, shall not make return of a certificate of the same, as required, within the time limited, to the clerk of the commissioners' court of the county in which such marriage was solemnized, he shall forfeit and pay one hundred dollars for each case so neglected,

to go to the use of the county, to be recovered by indictment. And if any minister of the gospel, justice of the supreme court, judge, or any other officer or person, except as herein before excepted, shall solemnize and join in marriage any couple without a license as aforesaid, he shall, for every such offence, forfeit and pay one hundred dollars to the use of the county, to be recovered by indictment."

State of Illinois,

SS.

La Salle county, of the supreme court, said county: Whereas, A. B. of

Form of license.

To any minister of the gospel, justice judge, or justice of the peace of the

in said county, has applied to me, the subscriber, clerk of the county commissioners' court of said county, for a license for the solemnization of matrimony between him and C. D. of in said county, and it satisfactorily appearing to me, upon an examination of the said A. B., upon oath, that he (or " upon an examination of E. F., upon oath, that the said A. B.") is of the age of twenty-one years and upwards, and that the said C. D. is of the age of eighteen years and upwards:

You are, therefore, hereby authorized to celebrate the marriage of the said A. B. and C. D. and certify the same, provided there shall be no impediment of kindred or alliance, or any other lawful cause, and required to return a certificate of such marriage to me, the said clerk, within thirty days after solemnizing the same, together with this license.

of

In witness whereof, I have hereunto set my hand [L. S.] and affixed the seal of the said court, the day of

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Maurice Murphy.

State of Illinois,

Another form.

La Salle county, ss.

To any minister of the gospel, justice of the supreme court, judge, or justice of the peace of the said county:

Whereas, C. E. of

in the said county, has applied to me, the subscriber, clerk of the county commissioners' court of the said county, for a license for the solemnization of matrimony between him and L. M. of in the said county, and it appearing to me that the said C. E. is of the age of seventeen years and upwards, and within the age of twentyone, I. J., the father of the said C. E., now here in my presence, consents to his marriage with the said L. M.; and it appearing to me that the said L. M. is of the age of fourteen years and upwards, and under the age of eighteen, and it being satisfactorily proved to me by the oath of G. H., that R. S.,

her father, has given his consent to her marriage with the said C. E.:

You are, therefore, hereby authorized to celebrate the marriage of the said C. E. and L. M., and certify the same, provided there shall appear no impediment of kindred or alliance, or of any other lawful cause, and required to return a certificate of such marriage to me, the said clerk, within thirty days after solemnizing the same, together with this license.

In witness whereof, I have hereunto set my hand [L. S.] and affixed the seal of the said court, the day of Maurice Murphy.

State of Illinois,

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Form of certificate.

La Salle county, S ss. I, the subscriber, one of the justices of the peace in and for the said county, do hereby certify that the marriage of C. E. and L. M., the persons in the within License named, was solemnized by me on the

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day of

X. Y.

CHAPTER XIV.

SABBATH BREAKING,

By sec. 1 of an act approved January 19, 1829, it is enacted "That any person who shall hereafter knowingly disturb the peace and good order of society, by labor or amusement, on the first day of the week, commonly called Sunday, (works of necessity and charity excepted,) shall be fined upon conviction thereof, in any sum not exceeding five dollars. That any person who shall by menace, profane or vulgar language, or disorderly or immoral conduct, disturb the peace or good order of any congregation, assembled for divine worship, such person so offending shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding fifty dollars: Provided, That this act shall not be construed to prevent watermen from landing their passengers, lading and unlading their cargoes, or ferrymen from carrying over the water travellers, or persons moving with their families, on the first day of the week: Provided, That the section shall not prevent the due exercise of the rights of conscience

by any person who may think proper to keep any other day as a Sabbath than the first day of the week." Gale's Stat., 241.

"SEC. 2. That whoever shall be guilty of any noise, rout, or amusement on the first day of the week, called Sunday, whereby the peace of any private family may be disturbed, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding twenty-five dollars.

"SEC. 3. The justices of the peace, respectively, in their several counties, shall have jurisdiction of the aforesaid offences committed in their counties, and upon view, or information upon oath, may cause any such person, having offended, or being charged with having offended, as aforesaid, to be apprehended and brought before him to answer such charge.

"SEC. 4. When any person, having offended, or being charged with having offended, as aforesaid, shall be brought before any justice of the peace, if such person shall require it, a jury of not less than six, nor more than eight, shall be summoned to try the cause, and if the jury shall find the defendant guilty, they shall assess the fine, and the justice shall enter judgment therefor; but if no jury shall be required, the justice shall hear the cause, and render such judgment as to him shall seem right. "SEC. 5. The judgments rendered under this act shall be subject to appeals, as in cases of assault and battery and affrays, and shall be collected in the same manner."

Form of warrant for offence in the justice's presence.

State of Illinois,

La Salle county, ss. The people of the state of Illinois to any constable of the said county:

day of

Whereas, on the instant, at Utica precinct in the said county, C. D. did, in the presence of the subscriber, Hiram Higby, Esquire, one of the justices of the peace of said county, knowingly disturb the peace and good order of society, by amusement, on the first day of the week commonly called Sunday, to wit: by (here state the manner of the disturbance.)

These are, therefore, to command you forthwith to take the said C. D., and bring him before the said justice to answer the said charge, and to be dealt with according to law. Given under the hand and seal of the said justice, the day of Hiram Higby. [L. S.]

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State of Illinois,

Form of information.

La Salle county, ss. The information and complaint of L. M., made before Hiram Higby, Esquire, one of the justices of the peace of the said county, the

day of

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