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ration of his term, demand his discharge. If the master refuse, he may apply to a Justice, who shall after notice require the reason for such refusal. If no sufficient cause be shewn in five days, the Justice shall discharge the apprentice.
13. Any two Justices may, on the complaint of any master made on oath against an indented apprentice, for absenting himself from service, or touching any miscarriage, or ill behariour in his service issue a warrant to bring the appren. tice before them to hear the complaint, and punish the apprentice by commitment to the common gaol not exceeding a month.
14. Parents, or other persons who have bound minors, shall have a right to enquire into their condition and treatment, and protect them from the cruelty of, or any other violation of their contract, by their master.
SOLEMNIZATION OF MARRIAGE. Section.
Section. 1 Who may solemnize marriage. 10 Registry of marriages. 2 When alien may solemnize mar- 11 Copy of record of certificate to be riage.
evidence. 3 Governor may revoke license of 12 Marriage licenses, issue of. alien,
13 Issuers of marriage licenses. 4 What to be evidence of compli 14 Clerk of the Peace to transmit list ance with Sections 2 & 3.
of certificates to Provincial Se5 Appointment of Commissioners. cretary. 6 Publication of banns.
15 Parties authorized to solemnize 7 When consent of father or guar. marriage to transmit lists. dian necessary.
16 What marriages not void for want 8 Marriage, how solemnized; cer- of license. tificate thereof, form of.
17 Marriage fee. 9 Marriage of Quakers.
18 Fees of Clerk of the Peace. 1. Every Christian Minister or Teacher duly ordained according to the rites and ceremonies of the denomination to which he belongs, (or by the rules of such denomination deemed and recognized as a duly ordained Minister or Teacher by virtue of any prior ordination,) being a British subject, having charge of a Congregation in the Province or connected therewith, may solemnize marriage by license or publication of banns.
2. Whenever any person shall make it satisfactorily appear by Petition to the Governor in Council, that he is a regularly ordained Minister of the denomination of Christians to which
he belongs, and is the settled Pastor of a Church, or Congre: gation, and is not engaged in any secular calling, but being an alien cannot solemnize marriage, the Governor in Council may, by license under his hand and seal, authorize such person to solemnize marriage by license or publication of banns, so long as he shall remain the Pastor of such Church or Congregation.
3. The Gorernor in Council may reroke such last mentioned license at any time on sufficient cause.
4. When the provisions of Sections two and three of this Chapter have been complied with, notice thereof shall be given in the Royal Gazette, which shall be deemed evidence thereof.
5. The Gorernor in Council shall have power to appoint such and so many Justices of the Peace as may be deemed adrisable, Commissioners to solemnize marriage.
6. Publication of banns shall be made by proclaiming, with an audible voice, during divine service, on three Sundays successively, such intended marriage, in some Church, Chapel, or other place of meeting for religious worship, in the Parish where either of the parties reside.
7. No person shall knowingly solemnize any marriage where either party is under the age of twenty one years, without the consent of the father or guardian.
8. Every marriage shall be solemnized in the presence of two or more credible witnesses, besides the persons celebrate ing the same, and immediately thereafter a certificate thereof to the following effect shall be made, that is to say:
A. B. of the Parish (or City) of , and C. D. of the Parish (or City) of , were married by banns (or license) with consent of father (or guardian) in the year by me,
E. F. Í Rector, &c.
l as the case may be This marriage was solemnized between us, A. B.
C. D. In presence of G. H.
I. K. Which shall be forth with transmitted by the person celebrating such marriage, to the Clerk of the Peace of the County in which the marriage was solemnized, and immediately registered in full, and filed, indorsed with the day of the registry and page of the book in which it is registered.
9. Quakers may solemnize marriage between persons of that denomination, according to their forms and usages, and the Clerk of the meeting in which the marriage is solemnized shall transmit to the Clerk of the Peace a certificate of every such marriage, to be registered by him.
10. Every Clerk of the Peace shall keep a book, to be paid for by the County, for the registry of the certificates of marriages solemnized in his County.
11. A copy of the record of the certificates, certified by the Clerk of the Peace, shall be eridence of the marriage without further proof.
12. All Marriage Licences shall be issued from the Office of the Provincial Secretary, under the hand and seal of the Lieutenant Governor, or of the person administering the Government of this Province for the time being; the Provincial Secretary may issue such licences in blank, marked with the number and date of issuing, but shall keep a register thereof, shewing the date and person to whom issued.
13. The Governor in Council shall appoint one or more persons in every County in the Province, not being Ministers of Religion, to issue Marriage Licenses and take the necessary Bonds, under such regulations as may be prescribed, which Bonds shall be transmitted on or before the first of January in every year to the Office of the Provincial Secretary to be filed.
14. The Clerks of the Peace for the respective Counties shall on or immediately after the first day of January in every year, transmit to the Secretary a list of the persons certified to have been married in the year preceding, speci. fying whether by license or publication of banus.
15. Every person authorized to solemniz, marriage shall on or immediately after the first day of January in every year, forward to the Secretary a list of the marriages celebrated by him for the year preceding, specifying whether by license or banns, with the number and date of the license and date of the marriage.
16. No marriage intended to be celebrated by license, and actually solemnized before the passing of this Chapter, shall be void or voidable because no license therefor had been previously obtained, if no other impediment or lawful hindrance existed at the time of its celebration.
17. The Clergyman or other person celebrating any marriage may demand and receive from the parties, for preparing and transmitting the certificate of the marriage to the Clerk of the Peace, the sum of fifty cents.
18. The respective Clerks of the Peace of the several Counties in the Province shall be entitled to and receive, by order of the Lieutenant Governor in Council, the sum of fifty cents for registering and filing each certificate of marriage transmitted to them for registry.
Section. | What to be separate property of 3 A woman deserted by her husband
married women ; separate pro- to be considered a feme sole as
4 Her husband to have no interest 2 When and how married women therein.
1. The real and personal property belonging to a woman before, or accruing after marriage, except such as may be received from her husband while married, shall rest in her and be owned by her as her separate property, and it shall be exempt froin seizure or responsibility in any way for the debts or liabilities of her husband, and it shall not be conveyed, encumbered or disposed of during the time she lives with her husband, without her consent, testified, if real property, by her being a party to the instrument conveying, encumbering, or disposing of the same, duly acknowledged as provided by the laws for regulating the acknowledgments of married women; and after her abandonment or desertion by her husband, or upon her being compelled to support herself, or upon her living separate and apart from her husband, not wilfully and of her own accord, although neither deserted, nor abandoned by him, then her real and personal property may be disposed of as provided for in this Chapter, as if she were a feme sole, but her separate property shall be Jiable for her own debts contracted before marriage, and for judgments recovered against her husband for her wrongs.
2. In case of desertion or abandonment of any married woman by her husband, or of her living separate and apart from her husband, as set forth in the next preceding Section of this Chapter, she may in her own name, and for her own use, recorer and receive from any person indebied or liable to her, in her separate capacity, for services performed by and debts due to her, or damages for injuries to herself or her separate property; and no receipt, discharge, release, or commutation thereof, given or made by her husband after such desertion or abandonment, shall bar her claim; and if any suit be brought by the married woman on such account, she and her separate property shall be liable for costs of suit as in other cases; and the provisions of this Section shall apply to the rights and property of any married woman, irrespective of whether the same arose or accrued before or after marriage, or before or after such desertion or abandonmont, or such living separate and apart from her husband.
3 When any married woman abandoned or deserted by her husband, or compelled to support herself, or so as aloresaid living separate and apart from her husband, shall then own or afterwards acquire any property, real or personal, it shall be at her disposal, and continue and remain not subject to the debts, interference or control of her husband, and she may dispose of such property so then owned or afterwards acquired, by will, gift, grant, mortgage, or deed, in the same manner and to the same effect as if she were a feme sole, without the consent or concurrence of her said husband, and she may also appoint executors to her last will and testament, disposing of any such property so owned or afterwards acquired as aforesaid ; and from the time of any such desertion or abandonment of any married woman,or from the time any married woman shall commence so living separate and apart from her said husband as aforesaid, or being compelled to support herself as aforesaid, all her property, real and personal, shall, whether acquired before or after marriage, or before or after such desertion or abandonment, or such liring separate and apart from her said husband, or being so compelled to support herself, rest in her as if she were a feme sole, with all the powers giren such married woman in this Section.
4. The husband of any married woman abandoned or deserted by her husband, or living separate and apart from her husband as aforesaid, or being compelled to support herself,