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LAW FOR THE CLERGY:
A COMPILATION OF THE STATUTES
OF THE STATES OF
ILLINOIS, INDIANA, IOWA, MICHIGAN, MINNESOTA, OHIO
AND WISCONSIN,
RELATING TO
THE DUTIES OF CLERGYMEN
IX THE SOLEilMZATION OF MARRIAGE.
THE ORGANIZATION OF CHURCHES AND RELIGIOUS SOCIE-
TIES, AND THE PROTECTION OF RELIGIOUS
MEETINGS AND ASSEMBLIES,
WITH NOTES AND PRACTICAL FORMS,
EMBRACING A COLLATION OF
THE COMMON LAW OF MARRIAGE.
By SANFORD A. HUDSON,
COUNSELOR-AT-LAW.
CHICAGO:
S. C. GRIGGS AND COMPANY.
■ -'^ Copyright, 1877.
By S. C. GRIGQ§ AND COMPANY.
•-5 CO
KM'-^ITT A I.KOVARD, rr.lNTKK^, l HICAGO.
PREFACE.
The professional duties of clergymen in the solemnization
of marriage, the organization and incorporation of churches,
religious societies and benevolent institutions, so often involv-
ing legal questions of importance; and realizing the necessity
of a strict compliance Avith law in the performance of those
duties, I have long been impressed -with the belief that a com-
pilation of the statutes of the several states on those subjects,
with notes and practical forms, would supply a want long
existing, and serve a benign purpose in the interest of that
class of professional men, and the general public as well.
Clergymen, who perform the greater number of marriages,
are very liable to commit errors in consequence of not having
access to the statutes of the state, and those removing from
one state to another will be quite likely to be deceived, as the
laws of the several states on this subject differ so widely that
a marriage performed according to the laws of one state would
not be in conformity to those of another ; and they are not
always avrare that a neglect of duty in some important partic-
ular may subject them to a statutory penalty. It has ever
been the policy of legislatures to regulate this subject by
stringent laws, which apply more particularly to the officiating
minister than to the parties. They have also provided for the
incorporation of churches, religious societies and institutions ;
and in the new states, organizations under these laws are con-
stantly springing up, and must require an examination of them
by clergymen and others, and certificates and other papers
drawn ;properly^ in order that such churches and societies may
be so organized as to have a legal corporate existence, which
4 PREFACE.
without any guide, such as this work is designed to be, would
require the services of a lawyer.
The statutes of the several states mentioned in the title-page
relating to these subjects and to religious assemblies, and the
duties of clergymen involved therein or affected thereby, have
been carefully compiled, and notes and practical forms ap-
pended to the sections to which they relate for greater conven-
ience, affording, as it is hoped, a complete guide in all those
matters. In the chapter upon the Common Law of Marriage,
which gives a general view of the subject, treating of the quali-
fications of persons to enter that state and the impediments
thereto, I have quoted largely from Kent's Commentaries,
Tyler's Infancy and Coverture, Bishop's Marriage and Divorce,
Bingham's Law of Infancy and Coverture, as well as from the
opinions and decisions of the courts in many important cases;
and as the work is not intended for the legal profession, and
the extracts made as above necessarily fragmentary, I do not
give references.
With these prefatory remarks the work is submitted to the
public, and if it shall receive the approbation of those for
whom it is intended, I shall be gratified.
S. A. H.
February 5, 1877.
CONTENTS.
CHAPTER I.
The Common Law of Marriage, ... 7
CHAPTER II.
Illinois Statutes of Marriage, ... 29
CHAPTER III.
Illinois Statutes of Religion and Religious
Assemblies, ..... 34
CHAPTER IV.
Illinois Statutes of Religious Societies, . 37
CHAPTER V.
Indiana Statutes of Marriage, ... 42
CHAPTER VI.
Indiana Statutes of Religious Societies, . 46
CHAPTER VII.
Indiana Statutes of Religious Assemblies, . 58
CHAPTER Vlll.
Iowa Statutes of Marriage, ... 62
CHAPTER IX.
Iowa Statutes of Incorporation of Religious
Societies, ...... 66
b CONTENTS.
CHAPTER X.
Iowa Statutes of Religious Assemblies, .. 72
CHAPTER XI.
Michigan Statutes of Marriage, . . . 75
CHAPTER XII.
Michigan Statutes of Religious Societies, . 83
CHAPTER XIII.
Michigan Statutes of Religious AssExMBLies, . 96
CHAPTER XIV.
Minnesota Statutes of Marriage, . . 99
CHAPTER XV.
Minnesota Statutes of Religious Assemblies, 107
CHAPTER XVI.
Minnesota Statutes of Religious Corporations, iio
CHAPTER XVII.
Ohio Statutes of Marriage, . . . 126
CHAPTER XVIII.
Ohio Statutes of Religious Assemblies, . 132
CHAPTER XIX.
Ohio Statutes of Religious Societies, . . 137
CHAPTER XX.
Wisconsin Statutes of Marriage, . . 155
CHAPTER XXI.
Wisconsin Statutes of Religious Assemblies, 163
CHAPTER XXII.
Wisconsin Statutes of Religious Societies, . 167
CHAPTER I.
THE COMMON LAW OF MARRIAGE.
Section I. " The primary and most important of
the domestic relations," says Chancellor Kent, "is that
of husband and wife. It has its foundation in nature,
and is the only lawful relation by which Providence
has permitted the continuance of the human race. In
every age it has had a propitious influence in the moral
improvement and happiness of mankind ; it is one of
the chief foundations of social order. We may justly
place to the credit of the institution of marriage a great
share of the blessings which flow from refinement of
manners, the education of children, the sense of jus-
tice, and the cultivation of the liberal arts."
Sec. 2. In Protestant communities marriage is not
regarded as a sacrament, nor as peculiar to the
church of Christ; but it is considered in all countries
as the most sacred of all contracts, and in England it is
celebrated as a religious ceremony. In the United
States it is only a civil contract, and certain magistrates,
equally with the ministers of the gospel, have the right
to solemnize it, but the prevailing practice among the
cultivated and refined is to have it performed by a
clergyman, and attended with religious ceremonies.
8 LAW FOR THE CLERGY.
Sec. 3. And while it is undoubtedly a contract, it is
a contract sanctioned by law, controlled by considera-
tions of public policy, vital to the order and harmony
of social life, and in its nature indissoluble, except by
violations of duty on the one part to be taken advan-
tage of in a special manner provided by law on the
other.
Sec. 4. So a judge who delivered the opinion of the
court in a case in Tennessee observed: "By the Eng-
lish canon and ecclesiastical law, this union of mar-
riage is of a nature so widely differing from ordinary
contracts; creating disabilities and conferring privi-
leges between husband and wife ; producing interests,
attachments and feelings, -partly from necessity, but
mainly from a principle in our nature, which together
form the strongest ligament in human society, without
which perhaps it could not exist in a civilized state ; it
is a connection of such a deep toned and solemn char-
acter, that society has even more interest in preserving
it than the parties themselves."
Sec. 5* So, also, in a case in the State of Delaware,
the court remarked : " The marriage contract is one of
a peculiar character, and subject to peculiar principles.
It may be entered into by persons who are capable of
forming any other lawful contract; it can be violated
and annulled by law, which no other contract can. It
cannot be dissolved and determined by the will of the
parties as any other contract may be, and its rights and
obligations are derived rather from the law relating to
it than from the contract itself."
Sec. 6. In strictness, though formed by contract it
THE COMMON LAW OF MARRIAGE. 9
signifies a relation or status deriving both its rights and
duties from a source higher than any contract which
the parties are capable of making.
Sec. 7« What is necessary to constitute a complete
and valid marriage is a question which for a long time
has remained in a state of singular uncertainty, if it
can be regarded as definitely settled at the present
day. The question whether the ceremonies and forms,
or any of them, which are indicated by law, or are cus-
tomarily used for the solemnization of a marriage, are
indispensable to the validity of the marriage or not,
has received much discussion in the courts, both in
England and America, and the decisions have been far
from unanimous on the subject. Sometimes it has
been held that the marriage is not full and complete
without both the civil and the religious ceremony, and
at others that the mere consent of the parties is suffi-
cient. It is generally understood that by the ancient
common law of England, marriage being regarded as a
sacrament, must, to be valid, have been celebrated
facie ecclesicB^ but since the Reformation it has been re-
garded-as a civil contract.
Sec. 8. That marriage might be validly contracted
by mutual promises alone, or what were called " spon-
salia de prcEsenti,'" without the presence or benediction
of a priest, was an established principle of civil and
common law antecedent to the Council of Trent. Pre-
vious to the marriage act, so called, of 26 George II,
the legal validity of marriages depended upon the doc-
trines of the ecclesiastical courts. Some former stat-
utes had inflicted penalties upon parties concerned in
10 LAW FOR THE CLERGY.
the celebration of clandestine marriages, but without
venturing to control the rules which the church had
established with reference to their validity. An opin-
ion was commonly entertained that matrimony, or-
dained and regulated by the divine law, was not to be
treated as a human institution, and was not a proper
subject for the interference of the civil legislature.
Sec. 9. But to come down to our own time. Chan-
cellor Kent has said : " No peculiar ceremonies are
requisite by the common law to the valid celebration
of the marriage ; the consent of the parties is all that
is regarded, and, as marriage is said to be a contract
jure gentium^ consent is all that is regarded by natural
or public law. The Roman lawyers strongly incul-
cated the doctrine that the very foundation and essence
of the contract consisted in consent, freely given by
parties competent to contract. This is the language
equally of the common and canon law and of common
reason."
Sec. 10. And Chancellor Walworth, while he ad-
mitted that by the ancient common law of England a
marriage was invalid unless it was celebrated iiifacie
ecclesice, thought that the law on the subject was un-
questionably changed at the Reformation, if not before,
and unqualifiedly asserted that it is now a settled rule
of the common law, which was brought into this coun-
try by its first English settlers, and which was probably
the same among the ancient Protestant Dutch inhab-
itants, that any mutual agreement between the parties
to be husband and wife /// presently especially when it
is followed by cohabitation, constitutes a valid and
THE COMMON LAW OF MARRIAGE. 11
binding marriage if there is no legal disability on the
part of either to contract matrimony.
Sec. II. What constitutes marriage in itself is alto-
gether different from the mere proof and evidence of
marriage. It may be inferred from various circum-
stances, without weakening the argument in favor of
needful legal forms in the face of some church or be-
fore some judicial tribunal.
Sec. 12. In the United States the religious form of
marriage is the general rule, being imperative in some
of the states, and no state or territory in the United
States is without some form of marriage legislation,
either statutory or under established usage.
Sec. 13. The churches and religious societies into
which the Christian world had been subdivided at the
period of the settlement, had full rights according to
their respective creeds, and nothing better attests to
the reverence for this sacred obligation under the
marriage contract than the unequivocal sentiment of
disgust pervading all sorts of people everywhere at
the attempted introduction of polygamy into Utah, a
remote wilderness, to which the Mormons had been
forced solely on account of this obnoxious doctrine in
defiance of morals and against common law.
Sec. 14. In England and in every state of the
United States the greatest indulgence has been con-
ceded to the Friends, called Quakers. Their mode
maintains in its integrity the order of marriage and
secures its due authentication ; clandestineness is alto-
gether excluded. The marriage must be in the face
of a congregation duly assembled, and the mutual
12 LAW FOR THE CLERGY.
promise of the man and woman is attested by those
present, — a practice worthy of more general imitation.
Sec. 15. Marriage in the Roman Catholic church,
since the twenty-fourth session of the Council of Trent,
has been regarded as a sacrament; and the Friends,
called Quakers, as if in emulation, while denying the
efficacy of all forms, have been at special pains to
hedge the marriage ceremony in the strictest manner.
Their example has not been without its salutary effect
in this behalf with other denominations of Christians,
with whom marriage is not a civil contract, disjoined
at the option of parties from all religious forms.
Sec. 16. In general, all persons are able to contract
themselves in marriage unless they labor under some
particular disabilities and incapacities, there being
several disabilities and incapacities, or, in other words,
impediments, which disqualify the parties from enter-
ing into a valid contract of marriage. These will be
noted in their order.
Sec. 17. First — Want of the requisite age to con-
sent to the marriage, which at common law is fixed at
fourteen in males and twelve in females. The law
supposes that the parties below those ages have not
sufficient understanding to consent to the marriage
contract, and such a marriage contract may be avoided
by either party to it on arriving at the age of consent.
But above the ages indicated the parties are supposed to
have sufficient discretion for such a contract, and they
can bind themselves irrevocably.
Sec. 18. The ages at which parties may contract
marriages are fixed by statute in most of the states,
THE COMMON LAW OF MARRIAGE. 13
and in some it is required that before any marriage
shall be solemnized between persons under certain
ages, the consent of parents or guardians shall be pro-
duced to the ofificiating clergyman.
Sec. 19. All persons who have not the regular use
of the understanding sufficient to deal with discretion
in the common affairs of life, as idiots and lunatics
(except in their lucid intervals), are incapable of agree-
ing to any contract, and of course to that of marriage,
and marriage with an idiot or lunatic is absolutely void ;
and a marriage would be void if made while one of the
parties was in a state of intoxication, such as would
incapacitate the party from entering into any other
contract.
Sec. 20. Second — A marriage procured by force or
fraud is also void ab initio^ and may be treated as null
by every court in which its validity may be called in
question, as fraud vitiates all contracts. The basis of
the marriage contract is consent, and the ingredient of
fraud or duress is as fatal in this as in any other con-
tract, for the free assent of the mind is wanting.
Sec. 21. It is not, however, every misrepresentation
or deception that will affect the validity of the mar-
riage. The law presumes that a person uses due cau-
tion in a matter in which his happiness for life is so
materially involved as in that of matrimony, and it
therefore makes no provision for the relief of a blind
credulity, howsoever it may have been produced. All
those deceptive acts to which the sexes too frequently
have recourse with a view to obtain what they con-
sider an advantageous connection, by setting off their
14 LAW FOR THE CLERGY.
persons, characters, tempers, circumstances and con-
nection in a too favorable light ; or by professions of
ardent affection which they either may not feel, or not
in a degree equal to what they profess; though they
meet with various degrees of indulgence according to
circumstances, are still inconsistent with truth and sin-
cerity, and may be, and often are, productive of serious
mischief. They partake of the nature of fraud, but
hardly amount to enough to avoid a contract of mar-
riage.
Sec. 22. But the authorities are clear that when
there is actual fraud in the transaction, a marriage,
like all other contracts, may be avoided by the party
injured. In a late case in New York, the Chancellor
found that the marriage in the case was procured by
fraud, saying that the woman had been entrapped into
the marriage with the man by the artifices which he
employed, and although she gave an apparent consent
at the moment of celebration, yet it fully appeared that
this consent was feigned, and that it was the effect, not
of her choice, but of her terror. The complainant had
never consented freely to become the wife of the de-
fendant and had never cohabited with him, and the
marriage was declared to be a foul fraud upon her by
the defendant, and on that ground was adjudged to be
utterly null and dissolved.
Sec. 23. And liere it may be well to distinguish be-
tween contracts which are void and those which are
voidable. The first are as though nothing had been
done, absolutely without any force or life. The latter
are binding, unless one of the parties sees fit to repu-
THE COMMON LAW OF MARRIAGE. 15
diate it; being under the age of consent, either may
annul it on arriving at the age of consent, but if they
continue to cohabit on arriving at that age the contract
is binding ever after.
Sec. 24. With respect to the difference between void
and voidable marriages, a very able and learned judge
of North Carolina has said : " There is a distinction in
the law between void and voidable marriages wherever
they were regularly solemnized. The latter, which are
sometimes called marriages de facto^ are such as are
contracted between persons who have capacity to con-
tract, but are forbidden by law from contracting with
each other; but until the nullity is declared as an exist-
ing marriage, it was recognized as valid both in the
canon and common law. But when the marriage is
between persons, one of whom has no capacity to con-
tract at all, as when there is a want of age or under-
standing, or one of the parties is an idiot or lunatic, or
when a prior marriage is still subsisting, the marriage
is void absolutely and from the beginning."
Sec. 25. Deaf mutes may contract matrimony, and
the engagement may be solemnized by signs. Of course
it is no objection to a matrimonial alliance that the
parties are blind.
Sec. 26. A third impediment to marriage is the im-
potence of one or both of the parties, which may be
said to be the permanent inability from malformation,
accident or disease, for copulation or procreation.
This is made a disability by the statutes of most of
the states, but as it is an infirmity that cannot be
known to the officiating clergyman from ordinary obser-
16 LAW FOR THE CLERGY.
vation, it must be left to the parties in the common-
sense manner laid down in the Church of England
marriage service, wherein the parties are charged that
"marriage is ordained for three purposes : The pro-
creation and education of children ; the avoidance of
incontinence, and the mutual society, help and comfort
of the married pair; and if either of them know any
impediment to the lawful joining of the two in matri-
mony, that they do confess it." Any union where pro-
vision is not made for fulfilling all of these purposes
may be proved contrary to natural law, using the word
in its broadest sense.
Sec. 27. A fourth impediment to marriage is the
consanguinity or affinity of the parties. Consanguinity
and affinity differ widely in their nature, and yet by
the common law little or no distinction is made. In
most countries of Europe in which the canon law has
had authority or influence, marriages are prohibited
between near relatives by blood or marriage. It is very
difficult to ascertain the exact point at which the laws
of nature have ceased to discountenance the union,
and hence the matter is generally regulated by statute;
usually the Levitical degrees are adopted as the test of
prohibition, and marriages within those degrees, under
some exceptions, are made void by statute in many of
the states.
Sec. 28. Dr. Taylor, in his Elements of the Civil
Law, has gone deeply into the Greek and Roman learn-
ing as to the extent of the prohibition of marriage
between near relatives, and he says the fourth degree
of collateral consanguinity is the proper point to stop
THE COMMON LAW OF MARRIAGE. 17
at ; that the marriage of cousins german," or first
cousins, and who are collaterals in the fourth degree,
according to the computation of the civilians, and in
the second degree according to the canon law, is law-
ful, and the civil law properly established the fourth as
the first degree that could match with decency.
From a great variety of adjudged cases it appears
that all marriages related in the ascending or descend-
ing line are forbidden, as within the Levitical degrees ;
but that in the collateral line the prohibition does not
extend beyond the third degree of kindred.
Illustrated thus :
Here John cannot marry | Reuben
Ruth, although four degrees
removed, because she is his
lineal descendant, nor any in
this line. Nor can he marry
Ann, because she is his sister
and in the second degree of
collateral kindred, nor Bertha,
because she is in the third degree ; but he may marry
Chloe, because she is in the fourth degree, computing
according to the civil law, as follows : From John to
Reuben, the common ancestor in the ascending line,
is one, from Reuben to Ann in the descending line
is two, from Ann to Bertha is three, from Bertha to
Chloe is four. And for the same reason Ann cannot
marry William, or any in his linp, but she may marry
Charles, being in the fourth degree of collateral kin-
dred ; and Peter may marry Bertha, being his first cousin
and in the fourth degree.
John
1
h\
Ann
Peter
1
3
\, Bertha
Charles
Z\Iary
4
5
\ Chloe
\ George
\ William
Ruth ,
6
18 LAW FOR THE CLERGY.
Sec. Sg. Whether it be proper or lawful, in a religious
or moral sense, for a man to marry his deceased wife's
sister, has been discussed at length by American writers.
Mr. N. Webster, in his essay published at Boston in
1790, No. 26, held the affirmative. Dr. Livingston, in
his dissertation published in New Brunswick in 18 16,
and confined exclusively to that point, maintained the
negative side of the question. The Rev. Dr. S. E.
Dvvight has also in his Hebrew Wife, a treatise published
in 1836, maintained, with much biblical learning and
great zeal, that the marriage with a deceased wife's
sister was unlawful and incestuous under the Levitical
law, and that the biblical law of incest was of general
moral obligation, and binding on the whole Gentile
world. This is the adjudged law of England, and a
marriage between a man and his deceased wife's sister
is held to be incestuous.
Sec. 30. It is said that marriage with a sister of a
deceased wife is lawful in most of the Protestant states
of Europe. In most Catholic countries such marriages
are formally prohibited, but dispensations are easily ob-
tained. (See Hayward's Remarks on the Law regard-
ing Marriage with the Sister of a Deceased Wife : Lon-
don, 1845.) In that pamphlet it is shown, upon very
strong reason and authority, that the prohibitions in
the Levitical law do not reach the case.
The Rev. Dr. Mathews, of New York, in an able
argument in favor of the lawfulness of marrying a
deceased wife's sister, delivered before the General
Synod of the Reformed Dutch Church, in June, 1843,
states that in every state in the Union, except Virginia,
such marriaores are allowed to be lawful.
THE COMMON LAW OF MARRIAGE. 19
Sec. 31' The canon and common law make no dis-
tinction between connections by consanguinity and
affinity, although the effect upon the offspring is not
the same in the one case as the other. Upon this sub-
ject, in a leading case in England, the judge observed:
"It was necessary in order to perfect the union of
marriages, that the husband should take the wife's rela-
tives in the same degree, to be the same as his ov/n,
without distinction, and vice versa; for if they are to
be the same person as was intended by the law of God,
they can have no difference in relations, and by conse-
quence the prohibition touching affinity must be carried
as far as the prohibition touching consanguinity; for
what was found convenient to extinguish jealousies
among near relatives, and to govern families and edu-
cate children among people of the same consanguinity
would likewise have the same operation among those
of the same affinity. And when we consider who are
prohibited to marry by the Levitical law, we must not
only consider the mere words of the law itself, but
what, by a just and fair interpretation, may be adduced
from it."
Sec. 32. Affinity properly means the tie which arises
from marriage between the husband and the blood
relations of the wife, and between the wife and the
blood relations of the husband ; consequently while the
marriage remains unbroken the blood relations of the
wife stand in the same degree of affinity to the husband
as they do in consanguinity to her. Thus the father of
the wife stands in the first degree of affinity to his son-
in-law as he does in the first degree of consanguinity to
20 LAW FOR THE CLERGY.
his daughter. Relationship by affinity may also exist
between the husband and one who is connected by
marriage with a blood relation of the wife. Thus,
when two men marry sisters, they become related to
each other in the second degree of affinity as their
wives are related in the second degree of consanguinity.
But there is no affinity between the blood relations of
the husband and the blood relations of the wife.
Sec. 33. Recently much interest has been elicited
in the question whether a man may marry his wife's
daughter by a former husband, a case having arisen in
Massachusetts, when it was found after such a marriage
had taken place between a man of some literary repu-
tation and a daughter of his deceased wife, that the
law of that state prohibited such matrimonial alliances;
and, doubtless, they are in contravention of the Levit-
ical as well as the common law.
Sec. 34. The marriage of a woman with her hus-
band's son, of course, is in the same degree of affinity.
We can easily conceive of a son, under such a loose
theory of the law, a possible successor to his father;
and a daughter, a candidate for the place of her mother,
with the wooing half done at the decease of the parent.
Sec. 35. In 1563 Archbishop Parker published a
table of prohibited degrees, which has ever since been
regarded the basis of judicial opinion on the subject
in England and of legislative enactment in the United
States. According to Archbishop Parker's table of
degrees a man may not marry his grandmother, grand-
father's wife, wife's grandmother, father's sister, moth-
er's sister, father's brother's wife, mother's brother's
THE COMMON LAW OF MARRIAGE. 21
wife, wife's father's sister, wife's mother's sister, his
mother, stepmother, wife's mother, his daughter,
wife's daughter, son's wife, his sister, wife's sister,
brother's wife, son's -daughter, daughter's daughter,
son's son's wife, daughter's son's wife, wife's son's
daughter, wife's daughter's daughter, brother's daugh-
ter, sister's daughter, brother's son's wife, sister's son's
wife, wife's brother's daughter, or wife's sister's daugh-
ter. And a woman may not marry her grandfather,
grandmother's husband, husband's grandfather, father's
brother, mother's brother, father's sister's husband,
mother's sister's husband, husband's father's brother,
husband's mother's brother, her father, stepfather, hus-
band's father, her son, husband's son, daughter's hus-
band, her brother, husband's brother, sister's husband,
son's son, daughter's son, son's daughter's husband,
daughter's daughter's husband, husband's son's son,
husband's daughter's son, brother's son, sister's son,
brother's daughter's husband, sister's daughter's hus-
band, husband's brother's son, or husband's sister's
son.
Sec. 36. In some countries and states, statutes exist
to prevent intermarriages between the white races and
people of color, and under the civil law certain persons
were prohibited from joining in marriage because of
their civil condition. Thus in several of the United
States marriages are positively prohibited between the
white and colored races. Most of the late slave states
had statutes prohibiting intermarriage between free ne-
groes and slaves, but all of those laws have been either
repealed or become obsolete, and the interdict of mar-
22 LAW FOR THE CLERGY.
riages between persons of the white and colored races
by statute is becoming more and more uncommon, as
experience has shown that the matter may very prop-
erly and safely be left to the education, tastes and cus-
toms of the people.
Sec. 37. A fifth impediment to marriage is a prior
marriage. No person can marry while the former hus-
band or wife is still living. Such second marriage is,
by the common law, absolutely null and void, and it is
probably an indictable offense in most of the states of
the Union, if not all of them. Of course this is subject
to the exception that a divorce may have been granted,
and in New York and in some other states that divorce
must be for some other cause than the adultery of such
person proposing to be married.
Sec. 38. Also, in that state and many others, if one
of the married parties shall absent himself or herself
from the other by the space of five successive years,
and the one remarrying shall not know the other who
was thus absent to be living within that time, or if the
former husband or wife had been sentenced to impris-
onment for life, or if the former marriage has been de-
clared void or was made within the age of consent, the
former marriage in these excepted cases forms no im-
pediment. It should be stated, however, that in case
of the absence of the husband or wife for five years
without the knowledge of the other, the marriage will
be void only from the time it shall be declared so by a
court of competent jurisdiction. And in case of the
final sentence of imprisonment for life of one of the
parties, no pardon shall have the effect to restore such
person to the rights of any previous marriage.
THE COMMON LAW OF MARRIAGE. 23
Sec. 39* Under these statutes it has been held that
when a man has been divorced for his adultery, and
marries again during the life of his former wife, that his
last marriage is absolutely void. Many religious or-
ganizations have, by rules of discipline, aimed to con-
trol their ministers ministering in the solemnization of
matrimony. By a canon of the Protestant Episcopal
Church in the United States, the ministers of that
church are forbidden to solemnize matrimony in any
case where there is a divorced wife or husband of
either party still living, but the inhibition is not held
to apply to the innocent party in a divorce for the
cause of adultery, or to parties once divorced seeking
to be united again.
Sec. 40. The question now proper to be considered
is, what effect the non-observance of the provisions of
law regulating marriage will have upon the contract;
as we have seen {supra) that no marriage can be
avoided by reason of the want of any given ceremony
in its solemnization unless the statute makes it a pre-
requisite to a valid marriage. In most states the mar-
riage is held to be valid and binding notwithstanding
it is entered into with no rites or ceremonies.
Sec. 41* And it is now equally well settled that a
precise compliance with all the requirements of law is
never deemed necessary to the validity of the marriage,
and that a disregard of some important provisions of
the statute may subject the officiating clergyman to a
penalty, but will not vitiate the marriage ; as in New
York it is provided that if the marriage is solemnized
contrary to a certain provision of the statute, the min-
24 LAW FOR THE CLERGY.
ister or magistrate officiating is deemed guilty of a mis-
demeanor; and in Wisconsin the statute provides that
" if any person authorized by law to join persons in
marriage shall knowingly solemnize any marriage con-
trary to these provisions, or willfully make any false
certificate of any marriage, shall be punished by fine
and imprisonment."
Sec. 42. Many other states have similar statutes,
and yet the courts hold that the marriage may be valid
without any solemnization at all; that such statutes
are intended as directory only upon ministers and
magistrates, and to prevent as far as possible, by pen-
alties upon them, the solemnization of marriages when
the prescribed conditions and formalities have not been
fulfilled.
Sec. 43. In the language of Parsons, Chief Justice :
"When a justice or minister shall solemnize a marriage
between parties who may lawfully marry, but not with-
out consent of parents or guardians, being under
proper age, such consent being wanting, such marriage
would unquestionably be lawful, although the officer
would incur the penalty for breach of duty." This is
certainly reason as well as law ; it would entail inter-
minable confusion upon society if marriages were held
void on these grounds ; the parties to them, generally
young and inexperienced persons, have no thought for
legal rules or enactments, and it cannot be expected
they would have.
Sec. 44. Undoubtedly the weight of authority is in
favor of the rule that, in the absence of any provision
of law declaring marriages not celebrated in a prescribed
THE COMMON LAW OF MARRIAGE. 25
manner, or between parties of certain ages, absolutely
void, all marriages regularly made according to the
common law are valid and binding, although had in
violation of the specific regulations imposed by statute.
This is the general doctrine of the courts both in this
country and in England.
Sec. 45* C)f course when a civil government has
established regulations for the due celebration of mar-
riages, it is the duty as well as the interest of all the
citizens to conform to such regulations ; and oftentimes
the most serious consequences follow from a failure to
comply with the law in regard to marriage, as there
may be such an utter disregard of the forms of law that
the proof of marriage cannot be made in after years
when all the witnesses are dead, no authentic record
of the fact having been made.
Sec. 46. In the solemnization of matrimony no par-
ticular form is required by the common law, and rarely
by the statutes of any of the states, except that the par-
ties shall solemnly declare, in the presence of the min-
ister or magistrate and the attending witnesses, that
they take each other as husband and wife. It should
not for that reason be supposed that no form need be
used, or that ceremony is of no consequence. Mar-
riage is so important a relation, so deeply solemn, and
so weighted with consequences that reach to the un-
seen world, that all civilized and christian people have
regarded a formal solemnization as highly proper and
useful. That there shall be no uncertainty about it,
the laws in many of the old countries, and also some of
the states of the Union, require banns to be published
2
26 LAW FOR THE CLERGY.
before public assemblies, and also sometimes in the
public prints, and in others a license ; but in all great
importance is attached to its proper celebration. "The
following form may be used in case no other is pre-
ferred, and is proper in all the states.
Sec. 47. At the time appointed for the solemniza-
tion of matrimony, the persons to be married having
presented themselves in the body of the church, or in
some other proper place, with the witnesses, and there
standing together, the man on the right hand and the
woman on the left, and joining hands, the minister may
say first to the man :
CEREMONY OF MARRIAGE.
You, G S, now solemnly declare that you take the
woman whom you hold by the right hand to be your
lawful wedded wife, and you engage to love, cherish and
protect her, in sickness and in health, in prosperity and
in adversity, and forsaking all others, that you will
provide for and support her, and do for her in all things
as is commanded by the ordinances of God, and re-
quired by tlie laws of the state, so long as you both do
live. Do you on your part thus covenant and promise 7
Ans. I do.
You, C D, now solemnly declare that you take
the man whom you hold by the right hand to be
your lawful wedded husband, and you engage to love,
cherish and obey him, in sickness and in health, in
prosperity and in adversity, and forsaking all others,
that you will honor, respect and assist him, and do for
him in all things as is commanded by the ordinances of
THE COMMON LAW OF MARRIAGE. 27
God and required by the laws of the state, so long as
you both do live. Do you on your part thus covenant
and promise ? A?is. I do.
Now, therefore, by virtue of the power and authority
in me vested, in the presence of God and these wit-
nesses, I pronounce and declare you lawful husband
and wife.
A SHORT FORM OF MARRIAGE CEREMONY.
By this act of joining hands you now solemnly de-
clare, in the presence of God and these witnesses, that
you take upon yourselves the relation of husband and
wife, and solemnly promise and engage to love and
honor, comfort and cherish each other as such so long
as you both shall live. Therefore, by virtue of the
authority in me vested by the laws of the state, I do
now pronounce you husband and wife.
Sec. 48. I have in these pages been considering the
subject of marriage under the common law, by which
is meant that branch of the law of England which does
not owe its origin to parliamentary enactments, other-
wise called with reference to its origin the unwritten
law, as distinguished from statute law, being a collec-
tion of customs, rules and maxims which have acquired
the force of law by immemorial usage, recognized and
declared by judicial decisions, the best evidence of
which is to be found in the reports of such decisions
and in the standard treatises and abridgments.
Sec. 49. I have also spoken of the canon law, which
is somewhat interwoven with it, by which is meant a
collection of ecclesiastical constitutions for the regula-
28 LAW FOR THE CLERGY.
tion of the polity and discipline of the Church of Rome,
consisting for the most part of ordinances of general
and provincial councils, decrees promulgated by the
popes with the sanction of the cardinals, and decretal
epistles and bulls of the popes. The canon law of
England, composed of legatine or ecclesiastical and
provincial constitutions enacted in England prior to
the Reformation and adapted to the exigencies of the
English church and kingdom. At the time of the
Reformation it was provided by statute that a review
should be had of the canon law. No such review was,
however, perfected, so that the .canon law of England
remained the same as before the Reformation.
Sec. 50. I have also spoken of the civil law, by
which is meant the Roman law, as comprised in the
Code, Pandects, Institutes, and Novels of Justinian and
his successors, constituting together what is termed the
corpus juris civilts, as distinguished from the canon and
common law.
Sec. 51. I come now to present the statute law
under which we live, which is the express written enact-
ments of the legislatures of the several states, to which
all other laws must yield.
CHAPTER II.
ILLINOIS STATUTES OF MARRIAGE.
Section I. Marriages between parents and children,
including grandparents and grandchildren of every de-
gree ; between brothers and sisters of the half as well
as of the whole blood; and between uncles and nieces,
aunts and nephews, are declared to be incestuous and
void. This section shall extend to illegitimate as well
as legitimate children and relatives.
Sec. 2. No insane person or idiot shall be capable
of contracting marriage.
Sec. 3' Male persons over the age of seventeen
years, and females over the age of fourteen years, may
contract and be joined in marriage.
Sec. 4. Marriages may be celebrated either by a
minister of the gospel in regular standing in the church
or society to which he belongs, by a judge of any court
of record, or by a justice of the peace.
Sec. 5. 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.
Sec. 6. Persons intending to be joined in marriage
shall, before their marriage, obtain a license from the
29
30 LAW FOR THE CLERGY.
county clerk of the county where such marriage is to
take place, or shall cause their intention to marry to be
published at least two weeks previous to the marriage
in the church or congregation to which the parties or
one of them belongs.
Sec. 7« The license shall be substantially in the
following form :
State of Illinois, )
f ss.
County, )
Marriage may be celebrated between A B, of ,
in the county of , and State of Illinois, of the age
of years, and C D, of in the county of ,
and State of Illinois, of the age of years ; {if the
fnan is lender the age of twenty-o?ie years, or the woman
under eighteen years of age, add the following^ the father
{or mother or guardian, as the case may be) of the said
A B and C D {or A B or C D, as the case may be) hav-
ing given his {or her) consent to said marriage.
Witness , county clerk, and the seal of said
county.
Sec. 8. For the purpose of ascertaining the ages of
the parties, the county clerk may examine either of
them or any other witness under oath.
Sec. 9. The minister, judge or justice of the peace,
or if the marriage is celebrated according to the rules
and principles of a religious society, church or denom-
ination, and there be no minister, then the clerk or
secretary of such society, church or denomination,
shall within thirty days after such marriage is solem-
nized make a certificate thereof and return the same,
ILLINOIS STATUTES OF MARRIAGE. 31
together with the license if one has been issued, to
the clerk of the county in which the marriage took
place, or to his successor in office.
Sec. 10. The certificate may be substantially in the
following form :
State of Illinois, )
r SS.
County, )
I, E F, a justice of the peace {or as the case may be)^
hereby certify that A B and C D were united by me in
marriage at , in the county of , and State of
Illinois, on the day of , a.d. 187 — .
Sec. II. The county clerk, upon receiving such
certificate, shall make a registry thereof in a book to be
kept in his office for that purpose only, which register
shall contain the christian and surnames of the parties,
the time of their marriage, and the name of the person
certifying the same ; he shall also at the same time
indorse on such certificate the time when the same is
registered, and shall number and carefully preserve the
same.
Sec. 12. Such certificate, or a copy of the same, or
of the entry in such registry certified by the county
clerk under the seal of the county, shall be received
as evidence of the marriage of the parties as therein
stated.
Sec. 13. If any county clerk shall issue a license
for the marriage of a man under the age of twenty-one
years, or of a woman under the age of eighteen years,
without the consent of his or her father (or if he is
32 LAW FOR THE CLERGY.
dead or incapable or not residing with his family, of his
or her mother or guardian if he or she have one) first
had thereto, he shall forfeit and pay the sum of three
hundred dollars for each offense, to be recovered by
such father or mother or guardian in an action of debt
in any court of competent jurisdiction.
Sec. 14. If any county clerk shall refuse or neglect
to register and file any marriage certificate according
to law for more than thirty days after the same is
returned to him for that purpose (his fees therefor
being paid), he shall forfeit and pay one hundred dol-
lars, to be recovered by the party injured in an action
of debt in any court of competent jurisdiction.
Sec. 15. If any minister, judge or justice of the
peace, or any other officer or person or persons, shall
celebrate a marriage without a license having been first
obtained therefor as provided by law, he or they shall
for every such offense forfeit and pay one hundred dol-
lars, to be recovered in the name of the people of the
state in an action of debt in any court of competent
jurisdiction : Provided^ this section shall not apply
where the intention of the parties to marry has been
published as required in section six of this act.
Sec. 16. If any minister, judge or justice of the
peace having celebrated a marriage, or any clerk or
secretary of any society, church or denomination
among whom a marriage is celebrated, and whose
duty it shall be to make and return a certificate of
such marriage, shall fail to make and return to the
county clerk such certificate in the time and manner
provided by law, he shall forfeit and pay one hundred
ILLINOIS STATUTES OF MARRIAGE. 33
dollars, to be recovered in the name of the people of
the State of Illinois in an action of debt in any court
of competent jurisdiction.
Sec. 17. It shall be the duty of the state's attorney
of the proper county to prosecute all offenses under
the two preceding sections.
Note. — For forms of marriage ceremony see ante^ pages
26 and 27.
CHAPTER III.
ILLINOIS STATUTES OF RELIGION AND
RELIGIOUS ASSEMBLIES.
ARTICLE II.
CONSTITUTIONAL PROVISIONS,
Section I. The free exercise and enjoyment of re-
ligious profession and worship without discrimination
shall forever be guaranteed, and no person shall be
denied any civil or political right, privilege or capacity
on account of his religious opinions ; but the liberty
of conscience hereby secured shall not be construed
to dispense with oaths or affirmations, excuse acts of
licentiousness, or justify practices inconsistent with the
peace or safety of the state. No person shall be re-
quired to attend or support any ministry or place of
worship against his consent, nor shall any preference
be given by law to any religious denomination or mode
of worship.
ARTICLE VIII.
Sec. 2. Neither the general assembly nor any coun-
ty, city, town, township, school district, or other public
corporation, shall ever make any appropriation, or pay
from any public fund whatever, anything in aid of any
church or sectarian purpose, or to help support or sus-
34
ILLINOIS STATUTES OF RELIGION, ETC. 35
tain any school, academy, seminary, college, university,
or other literary or scientific institution controlled by
any church or sectarian denomination whatever; nor
shall any grant or donation of land, money or other
personal property ever be made by the state or any
such public corporation to any church or for any sec-
tarian purpose.
STATUTES.
Sec. 3. Clergymen of all denominations shall be
admitted freely, and without hindrance or restraint, to
visit at pleasure any inmate confined in the penitentiary
at Joliet, or in any other prison, reformatory or chari-
table institution belonging to the State of Illinois, sub-
ject to such rules and regulations as may be established
by the officers in charge of said institutions : Provided^
however^ that the clergyman so applying shall produce
to the officers in charge of such institution visited as
aforesaid satisfactory Evidence from the church author-
ities to which he belongs, that he is a clergyman in
good standing.
Sec. 4. It shall be the duty of the warden, superin-
tendent, or other officer in charge of any institution
mentioned in the preceding section of this act, to permit
the ministrations of religion according to the rites and
ceremonies of the church to which the visiting clergy-
man belongs, and to aid and assist such of the inmates
as aforesaid who may desire it, to the comforts of re-
ligion at the hands of a clergyman of his or her own
selection.
Sec. 5« Whoever by menace, profane swearing, vul-
gar language, or any disorderly or unusual conduct,
36 LAW FOR THE CLERGY.
interrupts or disturbs any assembly of people met for
the worship of God, shall be fmed not exceeding one
hundred dollars.
Sec. 6. Whoever during the time of holding any
camp or field meeting for religious purposes, and within
one mile of the place of holding such meeting, hawks
or peddles goods, wares, or merchandise, or without
permission of the authorities having charge of such
meeting, establishes any tent, booth or other place for
vending provisions or refreshments, or sells or gives
away, or offers to sell or give away, any spirituous
liquors, wine, cider or beer, or practices or engages in
gaming or horse racing, or exhibits or offers to exhibit
any show or play, shall be fined not exceeding one hun-
dred dollars for each offense : Proinded^ that whoever
has his regular place of business within such limits
is not hereby required to suspend his business.
CHAPTER IV.
ILLINOIS STATUTES OF RELIGIOUS
SOCIETIES.
Section I. Any church, congregation or society-
formed for the purpose of religious worship, may become
incorporated in the manner following, to wit : By elect-
ing or appointing, according to its usages or customs, at
any meeting held for that purpose, two or more of its
members as trustees, wardens and vestrymen, or such
other officers whose powers and duties are similar to
those of trustees, as shall be agreeable to the usages and
customs, rules or regulations of such congregation,
church or society, and may adopt a corporate name, and
upon the filing of the affidavit as hereinafter provided it
shall be afid remain a body politic and corporate by
the name so adopted.
Sec. 2. The chairman or secretary of such meeting
shall, as soon as may be after such meeting, make and
file m the office of recorder of deeds in the county in
which such congregation, church or society is organ-
ized (which shall be recorded by such recorder), an
affidavit substantially in the following form :
37
38 law for the clergy.
State of Illinois,
. ss.
County,
I do solemnly swear {or affirm^ as the case may be)
that at a meeting of the members of the {here insert the
na??ie of the churchy society or congregation^ as known be-
fore incorporatio?i), held at {here insert the place of
meeting) in the county of , and State of Illinois, on
the day of , a.d. 187 — , for that purpose, the
following persons were elected {or appointed) {here insert
their na?nes) trustees {or war dens ^ vestrymen or officers^ by
whatever name they choose to adopt with powers and duties
similar to trustees) according to the rules and usages of
{such church, society or congregation) ; and said {church,
society or congregatioti) adopted as its corporate name
{here insert the name) ; and at said meeting this affiant
acted as {chairman, or secretary, as the case 7nay be).
(Name of affiant.)
Subscribed and sworn to before me this day of
, A.D, 18 — . ,
Clerk of Court.
Such affidavit or copy thereof, duly certified by the
recorder, shall be received as evidence of the due in-
corporation of such congregation, church or society.
Sec. 3. The term of office of the trustees of any
such corporation may be determined by the rules or
by-laws of the congregation, church or society.
Sec. 4« A failure to elect trustees at any time shall
not work a dissolution of such corporation, but the
trustees last elected shall be considered as in office
until their successors are elected.
ILLINOIS STATUTES OF RELIGIOUS SOCIETIES. 39
Sec. 5' All elections of trustees after the first, and
elections to fill vacancies, may be called and conducted
upon such notice and in such manner as may be pro-
vided by the rules, usages or by-laws of the congrega-
tion, church or society, but the qualification and num-
ber of the trustees shall, at all times, be the same as
required in the first section of this act. No certificate
of election after the first need be filed for record.
Sec. 6. A trustee may be removed from office by an
election called and conducted in like manner as elec-
tions for trustees, or his office declared vacant by failure
to act, immoral conduct, or for an abandonment of the
faith of the congregation, church or society.
Sec. 7« Upon the incorporation of any congrega-
tion, church, or society, all real and personal property
held by any person or trustees, for the use of the mem-
bers thereof, shall immediately vest in such corpora-
tion and be subject to its control, and may be used,
mortgaged, sold and conveyed, the same as if it had
been conveyed to such corporation by deed, but no
such conveyance or mortgage shall be made so as to
affect or destroy the intent or effect of any grant, de-
vise or donation that may be made to such person or
trustees for the use of such congregation, church or so-
ciety.
Sec. 8. Any corporation that may be formed for re-
ligious purposes under this act, or under any law of this
state for the incorporation of religious societies, may
receive by gift, devise or purchase, land not exceeding
in quantity (including that already held by such cor-
poration) ten acres, and may erect or build thereon
40 LAW FOR THE CLERGY.
such house, buildings or other improvements as it may
deem necessary for the convenience and comfort of
such congregation, church or society, and may lay out
and maintain thereon a burying-ground ; but no such
property shall be used except in the manner expressed
in the gift, grant or devise, or if no use or trust is so
expressed, except for the benefit of the congregation,
church or society for which it was intended.
Sec. 9. The trustees shall have the care, custody
and control of the real and personal property of the
corporation, subject to the direction of the congrega-
gation, church or society, and may, when directed by
the congregation, church or society, erect houses or
buildings and improvements, and repair and alter the
same, and may, when so directed, mortgage, encumber,
sell and convey all real or personal estate of such cor-
poration : Provided^ that no mortgage, encumbrance,
sale or conveyance shall be made of any such estate so
as to defeat or destroy the effect of any gift, grant, de-
vise or bequest which may be made to such corpora-
tion, but all such gifts, grants, devises and bequests
shall be appropriated and used as directed or intended
by the person or persons making the same!
Sec. 10. Any congregation, church or society here-
tofore incorporated under the provisions of any law for
the incorporation of religious societies, may become
incorporated under the provisions of this act relative
to religious societies in the same manner as if it had
not previously been incorporated; in which case the
new corporation shall be entitled to and invested with
all the real and personal estate of the old corporation,
ILLINOIS STATUTES OF RELIGIOUS SOCIETIES. 41
in like manner and to the same extent as the old cor-
poration, subject fo all the debts, contracts and liabili-
ties. The word trustees, wherever used in this act,
shall be construed to include wardens and vestrymen,
or such other officers as perform the duties of trustees.
Sec. II. Any congregation, church or society, in-
corporated under this act, may receive by grant, devise
or bequest, real estate not exceeding forty acres, for
the purpose of holding camp-meetings, and may put
such improvements thereon as they may deem for their
comfort and convenience. The title to such real estate
shall be in such corporation, subject to like conditions
as are provided in this act in regard to other real estate
held by such corporation.
Sec. 12. The trustees or any other persons desig-
nated by any such congregation, church or society in-
corporated under this act, shall have power to publish,
print, circulate, sell or give away such religious. Sab-
bath-school and missionary tracts, periodicals or books
as they may deem necessary to the promotion of re-
ligion arid morality.
PROPERTY EXEMPT FROM TAXATION.
Sec. 13. All church property actually and exclu-
sively used for public worship, when the land (to be of
reasonable size for the location of the church building)
is owned by the congregation.
2*
CHAPTER V.
INDIANA STATUTES OF MARRIAGE.
Section I. Marriage is declared to be a civil con-
tract, into which males of the age of seventeen and
females of the age of fourteen, not within the prohib-
ited degrees of consanguinity, are capable of entering.
Sec. 2. The following marriages are declared void :
1. When either party has a wife or husband living
at the time of such marriage.
2. When one of the parties is a white person and the
other possessed of one eighth or more of negro blood.
3. When either party is insane or idiotic at the time
of such marriage.
Sec. 3. Marriages may be solemnized by ministers
of the gospel and priests of every church throughout
the state, judges of courts of record, and justices of the
peace within their respective counties, and by the So-
ciety of Friends and German Baptists according to the
rules of their societies : Pj-ovided^ that no marriage legal
in other respects shall be void on account of the inca-
pacity of the person solemnizing the same.
Sec. 4' Before any persons, except members of the
Society of Friends, shall be joined in marriage, they
shall produce a license from the clerk of the circuit
4S
INDIANA STATUTES OF MARRIAGE. 43
court of the county in which the female resides, di-
rected to any person empowered by law to solemnize
marriages, and authorizing him to join together the
persons therein named as husband and wife.
Note. — The clerk of one county cannot issue license for
the marriage of a female who is a resident of another county.
But the license, if properly issued, will authorize the solem-
nization of the marriage in any county in the state.
Sec. 5« Such license shall not be issued by the clerk
without the consent of the parent or guardian, if there
be any, if the female be within the age of eighteen or
the male within the age of twenty-one. When there is
no parent or guardian resident within the state, and the
female has resided within the county where license is
sought to be obtained for one month preceding such
application, license may issue.
Sec. 6. An affidavit of the facts as required to ex-
ist by the last preceding section, made by some disin-
terested person, shall be a sufficient justification of the
clerk in issuing any license.
Sec. 7« No marriage shall be void or voidable for
want of license or other formality required by law, if
either of the parties thereto believed it to be legal mar-
riage at the time.
Sec. 8. Every person who shall solemnize any mar-
riage by virtue of the provisions of this act shall, within
three months thereafter, file a certificate thereof in the
clerk's office of the county in which such marriage was
solemnized, which certificate shall, by such clerk, be
recorded, together with such license, and such record
or a copy thereof, shall be presumptive evidence of the
facts therein stated.
44 LAW FOR THE CLERGY.
Note. — Form of Certificate.
This is to certify that Mr. A B, of , in the county of
and State of , and Miss E R, a resident of , in
the county of • and State oi Indiana, were joined in holy
matrimony by me at , in the State of Indiana, on the
day of , in the year of our Lord one thousand eight hun-
dred and . The said A B having produced to me the
license required by law, issued by the clerk of the circuit court
of the county of , being the county where the said E R,
the female, resided at the time sucli marriage took place, and
there appearing to be no legal impediment thereto.
Witness my hand this day of , i8 — .
Rector {or Pastor) of Church.
Sec. 9. Relates to duties of clerks.
Sec. 10. If any person empowered to solemnize
marriage shall join any persons in marriage contrary to
the provisions of this act, he shall, upon conviction
thereof, be fined in any sum not exceeding five hun-
dred dollars.
Sec. II. Any person solemnizing a marriage, who
shall fail to return a certificate thereof within the time
prescribed by law, shall be fined not less than five nor
more than one hundred dollars.
Sec. 12. If any person having solemnized a mar-
riage shall fail to file a certificate thereof in the proper
clerk's office as in this act required, he shall, upon con-
viction thereof, be fined the sum of five dollars for
every month he shall continue to fail or neglect to file
such certificate, from and after the expiration of the
time within which he is required by this act to file the
same.
Sec. 13. If any person shall undertake to join
others in marriage knowing that he is not lawfully
INDIANA STATUTES OF MARRIAGE. 45
authorized so to do, he shall, upon conviction thereof,
be fined in any sum not less than fifty nor more than
five hundred dollars, to which may be added impris-
onment in the county jail for a term not exceeding
three months.
Sec. 14. Every person who shall knowingly counsel
or assist in any manner in any marriage between any
person having one eighth part or more of negro blood
and any white person, shall be fined not less than one
hundred nor more than one thousand dollars.
Note. — For ceremony of marriage see ante^ pages 26 and 27.
CHAPTER VI.
INDIANA STATUTES OF RELIGIOUS
SOCIETIES.
Section I. The wardens and vestrymen of any
parish or congregation of any church in this state, duly
chosen according to the provisions of this act, in ac-
cordance with the rules and usages of said church,
after a record of such election shall have been made
as herein provided, shall be deemed a body corporate
and politic under the name of wardens and vestrymen
of church , and by such name shall have
power to contract and be contracted with, sue and be
sued, with the like effect as other persons and cor-
porations.
Sec. 2. The number to be elected under the pro-
visions of this act shall not be less than three nor
more than nine ; but the rector of any parish church
or congregation shall be ex-officio a member of the
vestry of the same, according to the rules, regulations
and form of government of the church ; and the mem-
bers of the vestry so elected shall severally hold their
offices until their successors are duly chosen according
to the rules and usages of said church.
46
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 47
Sec. 3. At the first and every subsequent election,
the officers appointed to take count and make a full
list of the votes given shall within ten days thereafter
deposit in the recorder's office of the proper county a
certificate setting forth the notice of such election, the
time and place where the same was held, and the
name of the persons elected; and the recorder of such
county shall immediately make a proper record of the
same.
Note. — Certificate of Election and Incorporation.
To all to xvhom these presents may come :
We whose names are hereunto subscribed, appointed to take
count and make a full list of the votes given at an election of
wardens and vestrymen of Church, do hereby certify that
on the daj' of , in the year 18 — , the male persons of
full age worshiping in the church {or scJiooUiousc, as the case may
be) in the town of , county of , and State of Indiana, in
which congregation divine worship is celebrated according to
the rites of the Protestant Episcopal Church in the State of
Indiana, and which is not already incorporated, met at their
place of worship {or at the house of A K) for the purpose of in-
corporating themselves under the laws of the State of Indiana,
and in pursuance of notice duly given to the said congregation
at the time of morning service on two Sundays previous {or
three days previous) that a meeting would be held on Monday
in Easter week {or on the day of , 18 — ), at 10 o'clock
A.M., at their place of worship in the town of , county
of , for the purpose of incorporating themselves and of
electing two church- wardens and eight vestrymen {not less than
three nor more than 7ntie). And we further certify that the Rev.
A B, being rector of said church {or if there be no rector^ say the
undersigned L, M was by a majority vote of the jnembers of said
congregation called to the chair and) presided at said meeting.
And we further certify that at said meeting C D and E F were
duly elected wardens of said church, and O P, S T, etc., were
duly elected vestrymen; that Tuesday in Easter week {or as the
case may be) was by the said meeting fixed as the day on which
the term of office of said church-wardens and vestrymen should
annually thereafter cease and their successors be chosen. And
said meeting determined and declared by a majority vote that
48 LAW FOR THE CLERGY.
the said church and congregation should be known in the law
by the name of the Rector, Wardens and Vestrymen of (Sf.
'yohn's Chtirch\ of the town or city of , in the county
of .
In testimony whereof we, the said A B, Rector {or L M,
who presided at said ineeting\ and R F, S T, who were ap-
pointed to take count and make a full list of the votes given
at such election, have hereunto subscribed our names and
affixed our seals this day of , in the year of our Lord
one thousand eight hundred and .
Signed and sealed in presence of ^
A B,
Rector.
[seal
R F.
SEAL
S T.
seal"
JY.
SEAL
Certificate of Electiox of Officers to be Filed
Annually.
To all to ivhom these presents Jiiay come:
We whose names are hereunto subscribed, being appointed
to take count and make a full list of the votes given at the
annual election of wardens and vestrymen of (6"/. Johii's Church^
for the ensuing year, do hereby certify that notice of an election
of wardens and vestrymen of said church was given to the con-
gregation at the morning service on Sunday, the day
of , i8 — , by the announcement of the rector of such elec-
tion to take place at the church on Easter Monday, in the year
i8 — , at lo o'clock in the forenoon. That said election was
duly held at the time and place mentioned in said notice, at
which the Rev. A B, rector of said church, occupied the chair
and presided at said meeting, and that the undersigned R F
and S T were appointed to take count and make a full list of
the votes given at said election. That C D and E F were duly
elected church-wardens and O P, S T, etc., were duly elected
vestrymen of said church for the ensuing year.
In testimony whereof we have hereimto set our hands and
seals this day of , i8 — . A B, Rector.
R F.
ST.
SEAL
SEAL
SEAL
Note. — It is of the highest importance that all the provis-
ions of the statute be complied with in the incorporation of a
church or religious society, as a neglect of any of its provisions
would deprive it of a legal existence, and all its acts would be
void.
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 49
Sec. 4« When any person so elected shall refuse to
serve, or shall die, resign or be removed from office,
the remaining members of the vestry in which such
vacancy may occur shall be authorized to appoint
another person to fill the vacancy until the next regu-
lar election.
Sec. 5' The peculiar name of any church, parish
or congregation may be altered or changed, as also the
number of the members of any vestry, so that the
number be not made more nor less than the number
specified in this act; but the name chosen under the
provisions of this section shall not be assumed until
a record has first been made of the fact in the recorder's
oftlce of the proper county. Such change shall not
affect the rights or liabilities of the vestry, parish or
congregation, or of other persons or parties.
Sec. 6. The vvardens and vestrymen of any church,
parish or congregation may establish by-laws to carry
out the objects of their organization ; they shall have
power to receive conveyances of lots or lands by pur-
chase, gift or otherwise, not exceeding one hundred
acres, and to hold the same to their successors in per-
petuity for the sole and exclusive benefit of such
church, parish or congregation, and for the uses
declared in such conveyance or grant ; they m.ay erect
and hold buildings for religious worship, for parsonages
or for educational or benevolent purposes; they may
lay out and establish suitable grounds for a cemetery
or place for the burial of the dead, and after the plat
thereof shall have been duly recorded in the recorder's
office of the proper county, they shall enjoy all the
3
50 LAW FOR THE CLERGY.
privileges necessary for the preservation and protection
of such cemetery; and they may appoint trustees or
committees to take charge of any school, hospital or
cemetery which they may establish, and give direction
concerning the management of the same : Provided^
however^ that such appointment shall not relieve or
release such vestry, parish or congregation from any
legal liability to which they may be subject.
Sec. 7. Such vestry and their successors in office
may also acquire and possess for the use of any such
parish, church or congregation, personal property not
exceeding in value the sum of five thousand dollars,
and may appropriate the same and the income or inter-
est thereof and all other funds and incomes in their
hands, as such vestry to the maintenance of religious
worship, schools, libraries, or other purposes not incon-
sistent with the trust.
Sec. 8. Such vestry, to more effectually carry out
the object of this trust, may sell, lease or otherwise dis-
pose of their corporate property ; and any conveyance
thereof by such vestry or a majority of them, in behalf
of such church, parish or congregation, shall vest in
the purchaser of the same all the right, title and inter-
est thereto ; but the provisions of this section shall not
be construed to affect any gift, bequest or devise to
such parish, church or congregation, or to the vestry
thereof for its use, nor to defeat the intentions of the
grantor, donor or testator.
Sec. 9. As between such parish, church or congre-
gation, the vestry thereof, and all persons claiming
under them, and any person granting real estate there-
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 51
to, and all persons claiming under him, the certificate
of election provided for in the third section of this act,
shall be conclusiv^e evidence of the matters and things
therein recited ; and as between such parish, church or
congregation, the vestry thereof and all persons claim-
ing under them, and all other persons, it shall be pre-
sumptive evidence of such matters.
Sec. 10. Whenever any parish, church or congrega-
tion shall have elected a vestry in conformity to the
provisions of this act, and the same shall have been
dissolved by the death, resignation or removal of its
members, a majority of persons entitled to vote may,
within five years after such dissolution, proceed to elect
a new vestry in conformity with the provisions here-
in contained ; and such new vestry, after a record of
the election shall have been made, as required in the
third section of this act, shall have the same powers,
and may do and perform all other acts and things
which by the provisions of this law a vestry may do
and perform.
UNION OF TWO OR MORE CHURCHES.
Sec. II. When the members of two or more churches
desire to form a union and assume a new name, be and
they are hereby authorized so to do, by each church
appointing three of its members as trustees, who shall
within twenty days after their appointment meet at a
time and place agreed upon, and regularly organize by
appointing one of their number chairman and another
secretary of their meeting, and when so organized they
shall agree upon the name that the united church shall
thereafter assume.
52 LAW FOR THE CLERGY.
Sec. 12. The secretary shall record the proceedings
of said nieeting in a record to be kept for that purpose,
and shall within ten days thereafter deposit in the re-
corder's office of the county where said church shall
hold its place of worship, a certificate setting forth the
names of the old churches that have united, the name of
the new church, and the names of the trustees tliereof,
and the recorder shall record the same among the
records of deeds in his office.
Note. — Form of Certificate of Union.
To all io whom these presents shall come :
I hereby certify that at a meeting of the members of the
church {or society) heretofore known as , held at their
house of worship {or at the house of A B), in the town of ,
county of , State of Indiana, on the day of , i8 — ,
the following named persons were chosen as trustees, viz., N O,
R S, and W L. That a meeting of the members of the church
{or society) heretofore known as the , held at their
house of worship {or at the house of A B), in said town of ,
county of , and state aforesaid, on the • day of ,
i8 — , the following persons, members of said church {or society)
were appointed trustees thereof, viz., S T, M R, and S H, in
pursuance of the statute providing for the union of two or more
churches. That the trustees so appointed by the two churches
above named for the purpose of forming a union, did meet at
the church of {or at the house of A B), in the said town
of , county of , State of Indiana, on the day of
, iS — , at 9 o'clock a.m., being witl^in twenty days after
their said appointment, and did regularly organize by the ap-
pointment of N O, one of their number, chairman, and the
undersigned R S secretary of the said ineeting. After such
organization the said trustees so assembled did agree by a
majority vote that the united church should assume the name
of , and by said name should ever thereafter be called
and known.
In testimony whereof I have hereunto set my hand and seal
this day of , iS — .
, Secretary. [seal]
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 53
Sec. 13. Said trustees so appointed shall be the
trustees of said new church until their successors shall
be duly elected and qualified, and shall be deemed a
body politic and corporate by the name and style of
the " Trustees of ," and by that name shall have
power to contract and be contracted with, sue and be
sued, to receive and dispose of real and personal estate
for the sole use and benefit of said new church, in like
manner and with like effect as other persons or corpo-
rations.
Sec. 14. After said certificate is recorded in the re-
corder's office, as provided in section twelve of this act,
it shall be lawful for the trustees of said churches that
have united to convey by deed to the trustees of the
new church, and their successors in office, all lands
belonging to said old churches, which deeds shall be
recorded in the recorder's office where said lands are
situate, and also to deliver to said trustees of said new
church all articles of personal property belonging to
said old churches. A list of the articles of personal
property so delivered shall be recorded by the secretary
of said new church, in the church record as aforesaid,
which articles of personal property and real estate shall
be held by said trustees of new church and their suc-
cessors in office for the use and benefit of said new
church.
Sec. 15. So soon as the trustees of said old churches
shall have made said conveyance of lands and delivery
of personal property, as aforesaid, to said trustees of
new church, said old churches from and after that time
shall cease to exist; and all rights, powers, privileges
54 LAW FOR THE CLERGY.
and liabilities belonging thereto shall, from and after
that time, vest in and attach to the new church so
organized as aforesaid, with full power to the trustees
thereof to sue and be sued, the same as the trustees of
the old churches could before they ceased to exist.
Sec. l6. Such new church, when organized as afore-
said, shall have full power to establish all necessary
by-laws, and make all needful regulations, to carry out
the objects of its organization.
Sec. 17. Such new church may appoint, or elect, a
treasurer and such other officers as it may see fit to
carry on its organization.
ORGANIZATION OF RELIGIOUS SOCIETIES.
Sec. 18. The members of any church or religious
society of any denomination whatever may, after giving
ten days' notice, by posting up written or printed no-
tices in three pubHc places in the vicinity of the place
where such church or society usually meets for wor-
ship, specifying the time and place of such election, or
appointment, at any regular or called meeting of such
church or society, elect or appoint, according to the
usages or customs of such society, not less than three
nor more than nine trustees, who shall be a body poli-
tic or corporate, by such name as such society may
elect and designate for any educational, benevolent or
charitable purposes.
Note. — Form of Notice.
Take notice that at a regular {0?' called) meeting of the mem-
bers of church {or society) of , to be held at their place
of public worship {or at the dv:ellinii--ho;i:>c of A B), in the town
of , county of , and State of Indiana, on the day
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 56
of , i8 — , at 7 o'clock p.m. of that day, will be elected
trustees for said church {or society) according to the usages or
custom of said society {not less tJuin tliree nor more than nine in
nnniber), as shall be determined at such meeting.
Dated this day of , i8 — . , Clerk.
Sec. 19. The clerk of such society shall issue to such
trustees a certificate setting forth that they have been
elected, or appointed, for such purpose, which certifi-
cate shall, within twenty days from its date, be record-
ed among the miscellaneous records of the county in
which such election, or appointment, is made ; and
from the date of such recording said trustees shall be
deemed a body politic and corporate, by such name as
may have been designated by such society; and as
such may sue and be sued, contract and be contracted
with, and shall have authority to receive conveyances of
land, not exceeding tvv-enty acres, by purchase, devise
or gift, and hold the same to them and their successors
in perpetuity, for the sole and exclusive uses and pur-
poses of carrying out the objects of such corporate
body.
FORM OF CERTIFICATE OF ELECTION.
To A B, C D aud E F: I hereby certify that at
a regular {or called^ meeting of the church {or
society) of , held at their place of public worship
{or at the dwelling-house of A B) '\x\ the to^vn of ,
county of ■, and State of Indiana, on the evening of
the day of , 18 — , you, and each of you, were
duly elected trustees of the said church, or society;
that notice of such election was duly given by written
notices posted up in three public places, to wit : {here
56 LAW FOR THE CLERGY.
state the places where posted^ ten days previous to such
election, stating the time and place at which such elec-
tion would take place.
Given under my hand this day of , i8 — .
• , Clerk.
Sec. 20. And such corporation shall have power and
authority to acquire and possess for the uses and pur-
poses and furtherance of the objects of the same,
moneys and personal property, by bequest, donation
or otherwise, to any amount not exceeding one hundred
thousand dollars, and may appropriate the same, and
the income or interest thereof, and all other funds in
their hands, for the purposes designated by such so-
ciety, not inconsistent with their trust nor inconsistent
with the conditions of any devise, bequest or donation
made to them.
Sec. 21. Such trustees are empowered to sell, loan
or otherwise dispose of their corporate property, but
not in any manner inconsistent with the duties or ob-
jects of their trust.
Sec. 22. Such trustees shall procure a corporate
seal.
Sec. 23. Such trustees shall at their first meeting
elect one of their number president, another secretary,
and another treasurer, and shall procure a well-bound
book of not less than three hundred pages, in which
shall be kept accurate minutes of their proceedings.
Sec. 24. Such church or religious society shall at
the time of election or appointment of such trustees
elect or appoint one of them to serve one year, one of
them two years, and the other three years from the
INDIANA STATUTES OF RELIGIOUS SOCIETIES. 57
date of their appointment, and said society shall each
year elect or appoint a trustee to succeed the one
whose term expires, and may also at any regular meet-
ing of such society elect or appoint a trustee to fill any
vacancy that may occur in said board of trustees by
death, resignation or otherwise.
Sec. 25. Should there be from any cause a failure to
elect or appoint a new trustee as required, those in
office shall continue to hold until successors are prop-
erly elected or appointed.
Sec. 26. The treasurer of such board of trustees
shall give bond with freehold security, to be approved
by the president of the board, payable to the State of
Indiana, in a sum not less than double the amount of
moneys at any time in his hands, conditioned for the
faithful and honest discharge of the duties of his trust;
and in case of breach of said bond any member of the
society electing or appointing such trustees may main-
tain an action upon said bond as relator, the money re-
covered thereon to be paid to said corporate body.
Sec. 27. Such board of trustees are empowered to
make such by-laws and rules as may be necessary to
carry out the objects of their trust.
Note. — The foregoing chapter provides for three kinds of
church organizations :
1. Sections i to 10 inclusive provide for the organization
of Protestant Episcopal churches so as to become corporate
bodies.
2. Sections 11 to 17 inclusive, for the union of two or more
churches under a new name.
3. The remainder of the chapter provides for the organiza-
tion by the members of any church, religious society or denom-
ination, so as to becotr^e a body politic ami corporate, possessing
all the powers and privileges of a corporation.
CHAPTER VII.
INDIANA STATUTES OF RELIGIOUS
ASSEMBLIES.
Section I. If any person shall disturb any religious
society or any member thereof, when met or meeting
together for public worship, or shall sell or give away
any spirituous liquor at any booth, wagon, shed or open
place, or in any building temporarily erected for the
purpose of selling therein such liquors, within two miles
of any collection of a portion of the citizens of this
state convened for the purpose of worship, or shall dis-
turb any collection of the people convened for any law-
ful purpose, such person shall be fined not exceeding
fifty nor less than five dollars, and imprisonment not
exceeding thirty days may be added.
Sec. 2. If any person shall erect, bring, keep, con-
tinue or maintain any booth, tent, wagon, huckster-
shop or other place for the sale of intoxicating liquors,
cider, beer or other drinks, or for the sale of any other
article whatever; or shall sell or give away any intoxi-
cating liquors, cider, beer or other drinks, or any other
article whatever; or shall keep or exhibit any gaming
table, roulette, shuffie-board, faro-bank, nine-pin or
ten-pin alley, or billiard table, or any other gaming or
58
INDIANA STATUTES OF RELIGIOUS ASSEMBLIES. 59
wagering apparatus whereby any money or article of
value may be lost or won ; or any person who may be
the owner or proprietor of any real property, who shall
rent or permit the same to be occupied for any such
purpose within one mile of any collection of any inhab-
itants of this state met together for ^vorship, or any
agricultural fair or exhibition, or who shall in any way
interrupt, molest or disturb such religious meeting or
agricultural fair or exhibition, or any person present
thereat or going to or returning therefrom, or who shall
molest or disturb any meeting of inhabitants of this
state met together for any lawful purpose, shall be fined
in any sum not more than twenty-five dollars nor less
than five dollars.
Sec. 3* If ^^y person of the age of fourteen years
and upward shall be found on the first day of the
week, commonly called Sunday, rioting, hunting, fish-
ing, quarreling, at common labor, or engaged in their
usual avocations, works of charity and necessity only
excepted, such person shall be fined in any sum not
less than one nor more than ten dollars ; but nothing
herein contained shall be construed to aftect such as
conscientiously observe the seventh day of the week as
tne Sabbath, travelers, families removing, keepers of
toll-bridges and toll-gates, and ferrymen, acting as
such.
Sec. 4. No clergyman or priest shall be allowed, in
giving testimon)'-, to disclose any communication in-
trusted to him in his professional capacity, and neces-
sary and proper to enable him to discharge the duties
of his profession according to the usual course of prac-
60 LAW FOR THE CLERGY.
tice or discipline, unless with the consent of the party
in whose favor the foregoing provisions are enacted.
Sec. 5. All persons going to or returning from any
election, place of religious worship, or attending a
funeral, shall be exempt from paying toll for crossing
any of the toll-bridges contemplated in the act relating
to bridges.
Sec. 6. No plank-road company shall charge toll to
ministers of the gospel gc^ing and returning from their
appointments for preaching.
Sec. 7. The following property shall be exempt from
taxation : Every building erected for reHgious worship
and the pews and furniture within the same, and the
land whereon such building is situate, not exceeding
ten acres.
Sec. 8. The following are provisions of the constitu-
tion of the state :
ARTICLE I.
Sec. 2. All men shall be secured in their natural
right to worship Almighty God according to the dic-
tates of their own consciences.
Sec. 3. No law shall in any case whatever control
the free exercise and enjoyment of religious opinions
or interfere with the rights of conscience.
Sec. 4. No preference shall be given by law to any
creed, religious society or mode of worship; and no
man shall be compelled to attend, erect or support any
place of worship, or to maintain any ministry against
his consent.
INDIANA STATUTES OF RELIGIOUS ASSEMBLIES. 61
Sec. 5. No religious test shall be required as a
qualification for any office of trust or profit.
Sec. 6. No money shall be drawn from the treasury
for the benefit of any religious or theological institu-
tion.
Sec. 7* No person shall be rendered imcompetent
as a witness in consequence of his opinions upon mat-
ters of religion.
CHAPTER VIII.
IOWA STATUTES OF MARRIAGE.
Section I. Marriage is a civil contract, requiring
the consent of parties capable of entering into other
contracts, except as herein otherwise declared.
Sec. 2. A marriage between a male person of six-
teen and a female of fourteen years of age is valid, but
if either party has not attained the age thus fixed, the
marriage is a nullity or not, at the ojDtion of such party
made known at any time before he or she is six months
older than the age thus fixed.
Sec. 3* Previous to any marriage within this state,
a license for that purpose must be obtained from the
clerk of the circuit court of the county wherein the
marriage is to be solemnized, agreeable to the provis-
ions of this chapter.
Sec. 4. Such license must not in any case be
granted where either party is under the age necessary
to render the marriage absolutely valid ; nor shall it be
granted where either party is a minor, without tlie
previous consent of the parent or guardian of such
minor, nor where the condition of either party is such
as to disqualify him for making any other civil contract.
Sec. 5- Unless such clerk is acquainted with the age
62
IOWA STATUTES OF MARRIAGE. 63
and condition of the parties for the marriage of whom
the license is applied for he must take the testimony of
competent and disinterested witnesses on the subject.
Sec. 6. He must cause due entry of the application
for the issuing of the license to be made in a book, to
be procured and kept for that purpose, stating that he
was acquainted with the parties, and knew them to be
of competent age and condition, or that the requisite
proof of such fact was made to him by one or more
v/itnesses, stating their names, which book shall consti-
tute a part of the records of his office.
Sec. 7' If either party is a minor, the consent of the
parent or guardian must be filed in the clerk's office,
after being acknowledged by the said parent or guard-
ian or proved to be genuine, and a memorandum of
such facts must also be entered in said book.
Sec. 8. If the clerk of the circuit court grants a
license contrary to the provisions of the preceding
sections, he is guilty of a misdemeanor : and if a mar-
riage is solemnized without such license being procured,
the parties so niarried, and all persons aiding in such
marriage, are likewise guilty of a misdemeanor.
Sec. 9. Marriages must be solemnized either, (i)
by a justice of the peace or mayor of the city wherein
the marriage takes place ; (2*) by some judge of the
supreme, district or circuit court of this state ; or (3) by
some officiating minister of the gospel, ordained or
licensed according to the usages of his denomination.
Sec. 10. After the marriage has been solemnized,
the officiating minister or magistrate shall, on request,
give each of the parties a certificate thereof.
64 LAW FOR THE CLERGY.
FORM OF MARRIAGE CERTIFICATE.
1
State of Iowa
County of
I hereby certify that on the day of , i8 — ,
at the house of T D, Esq. {or at Church), in the
tozvn {city or village) of -, in the county of , and
State of Iowa, Mr. A B, of , and Miss E D, of ,
were with their mutual consent lawfully joined together
in holy matrimony, which was solemnized by me in
presence of M P, of , etc., and R F, attending wit-
nesses.
And I further certify that Mr. A B produced to me
the proper marriage license, issued under the hand and
seal of P D, clerk of the circuit court for said county,
in due form.
Given under my hand this day of , i8 — .
5
Rector {or Pastor) of Church.
Sec. II. Marriages solemnized with the consent of
parties in any other manner than is herein prescribed
are valid, but the parties themselves, and all other per-
sons aiding or abetting, shall forfeit to the school fund
the sum of fifty dollars each.
Sec. 12. The person solemnizing marriage shall for-
feit a like amount, unless within ninety days after the
ceremony he make return thereof to the clerk of the
circuit court.
Note. — The return to the clerk of the circuit court may be
the same as the certificate given the parties.
IOWA STATUTES OF MARRIAGE. 65
Sec. 13. The clerk of the circuit court shall keep a
register containing the names of the parties, the date
of the marriage, and the name of the person by whom
the marriage was solemnized, which, or a certified tran-
script therefrom, is receivable in all courts and places
as evidence of the marriage and the date thereof.
Sec. 14. The provisions of this chapter, so far as
they relate to procuring licenses and to the solemniz-
ing of marriages, are not applicable to members of any
particular denomination having, as such, any peculiar
mode of entering the marriage relation.
Sec. 15. But where any mode is thus pursued which
dispenses with the services of a clergyman or magis-
trate, the husband is responsible for the return directed
to be made to the clerk, and is liable to the above
named penalty if the return is not made.
Sec. 16. Illegitimate children become legitimate by
the subsequent marriage of their parents.
Sec. 17. Marriages between persons whose marriage
is prohibited by law, or who have a husband or wife
living, are void ; but if the parties live and cohabit
together after the death of the former husband or wife,
such marriage shall be deemed valid.
Note. — For marriage ceremony see antc^ pages 26 and 27.
3*
CHAPTER IX.
IOWA STATUTES OF INCORPORATION OF
RELIGIOUS SOCIETIES.
Section I. Any three or more persons of full age,
citizens of the United States, a majority of whom shall
be citizens of this state, who desire to associate them-
selves for benevolent, charitable, scientific, religious or
missionary purposes, may make, sign and acknowledge
before any officer authorized to take the acknowledg-
ments of deeds in this state, and have recorded in the
office of the recorder of the county in which the busi-
ness of such society is to be conducted, a certificate in
writing in which shall be stated the name or title by
which such society shall be knov\^n, the particular busi-
ness and objects of such society, the number of trustees,
directors or managers to conduct the same, and the
names of the trustees, directors or managers of such
society for the first year of its existence.
FORM OF CERTIFICATE.
Know all men by these presents^ That we, A B, C D,
E F, {not less than three) of full age, citizens of the
United States, and a majority of whom are citizens of
the State of Iowa, whose names are hereto subscribed,
66
INCORPORATION OF RELIGIOUS SOCIETIES. 67
being desirous to associate ourselves together for relig-
ious (or missionary) purposes, do now execute and
acknowledge these articles of association by which we
have agreed and hereby do agree to become incorpo-
rated in a religious {or /m'ssio/iary) society in pursuance
of the laws of this state, by the name or title of the
{kere give name in full)^ by which such society shall
be known and called. That the particular business
and objects of said society are {here state the busiiiess
and object of the society). That the number of trustees
{directors or managers) of said society for the first year
shall be {state number). And we hereby agree that all
persons that shall become hereafter associated with us
in this organization shall be entitled to equal rights
and privileges with us and to the grants and franchises
hereby secured under and by virtue of the statutes in
such case made and provided.
In witness whereof we have hereunto set our hands
and seals this day of , i8 — .
A B. [seal]
C D. [seal]
E F. [seal]
Note. — For form of acknowledgment see ^ost, page 125.
Sec. 2. Upon filing for record the certificate as
aforesaid, the persons who shall have signed and ac-
knowledged such certificate, and their associates and
successors, shall by virtue hereof be a body politic and
corporate by the name stated in such certificate, and
by that they and their successors shall and may have
succession, and shall be persons capable of suing and
68 LAW FOR THE CLERGY.
being sued, and may have and use a common seal,
which they may alter or change at pleasure, and they
and their successors by their corporate name shall be
capable of taking, receiving, purchasing and holding
real and personal estate, and of making by-laws for
the management of its affairs not inconsistent with law.
Sec. 3. The society so incorporated may annually or
oftener elect from its members its trustees, directors or
managers, at such time and place and in such manner
as may be specified in its by-laws, who shall have the
control and management of the affairs and funds of the
society, a m.ajority of whom shall be a quorum for the
transaction of business ; and whenever any vacancy
shall happen among such trustees, directors or man-
agers by deatli, resignation or neglect to serve, such
vacancy shall be filled in such manner as shall be pro-
vided by the by-laws of such society. When the body
corporate consists of the trustees, directors or managers
of any benevolent, charitable, literary, scientific, relig-
ious or missionary institution, which is or may be estab-
lished in this state, and which is or may be under the
patronage, control, direction or supervision of any
synod,' conference, association or other ecclesiastical
body in such state, established agreeably to the laws
thereof, such ecclesiastical body may nominate and
appoint such trustees, directors or managers according
to usages of the appointing body, and may fill any
vacancy which may occur among such trustees, direct-
ors or managers ; and when any such institution may
be under the patronage, control or direction or super-
vision of two or more of such synods, conferences,
INCORPORATION OF RELIGIOUS SOCIETIES. 69
associations or other ecclesiastical bodies, such bodies
may severally nominate and appoint such proportion
of such trustees, directors or managers as shall be
agreed upon by those bodies immediately concerned.
And any vacancy occurring among such appointees
last named shall be filled by the synod, conference,
association or body having appointed the last incum-
bent.
Sec. 4' Any corporation in this state of an academ-
ical character, the memberships of which shall consist
of lay members and pastors of churches delegates to
any synod, conference or council holding its annual
meetings alternately in this and one or more adjoining
states, may hold its annual meetings for the election of
officers and the transaction of business in any adjoin-
ing state to this, at such place therein as the said
synod, conference or council shall hold its annual
meeting; and the elections so held and business so
transacted shall be as legal and binding as if held and
transacted at the place of business of the corporation
in this state.
Sec. 5« ^^ case an election of trustees, directors or
managers shall not be made on the day designated by
the by-laws, said society for that cause shall not be
dissolved, but such election may take place on any
other day directed by such by-laws.
Sec. 6. The provisions of this chapter shall not
extend or apply to any association or individual who
shall, in the certificate filed with the recorder, use or
specify a name or style the same as that of any previ-
ously existing incorporated society in the county.
70 LAW FOR THE CLERGY.
Sec. 7« Any corporation formed under this chapter
shall be capable of taking, holding or receivin.g prop-
erty by virtue of any devise or bequest contained in
any last will or testament of any person whatsoever;
but no person leaving a wife, child or parent shall
devise or bequeath to such institution or incorporation
more than one-fourth of his estate after the payment
of his debts, and such devise or bequest shall be valid
only to the extent of such one-fourth.
Sec. 8. The trustees, directors or stockholders of
any existing benevolent, charitable, scientific, mission-
ary or religious corporation may, by conforming to the
requirements of section one of this chapter, reincor-
porate themselves, or continue their existing corporate
powers, and all the property and effects of such existing
corporation shall vest in and belong to the corporation
so reincorporated or continued.
Sec. 9. Any corporation other than those for pe-
cuniary profit may change the corporate name thereof,
or amend the articles of incorporation or the original
certificate thereto, by a vote of the majority of the
members or stockholders of the said corporation in
such manner as may be provided by the articles of
incorporation thereof.
Sec. 10. In case of the body corporate consisting
of the trustees, directors or managers of any benevo-
lent, charitable, literary, scientific, religious or mission-
ary institution under the patronage of any synod, con-
ference, association or other ecclesiastical body in this
state, or two or more of them, said amendment or
change may originate with either of the said trustees,
INCORPORATION OF RELIGIOUS SOCIETIES. 71
directors or managers, or with either of the said
patronizing bodies; but such change or amendment
shall not be made without the vote of a majority of
each of said trustees, directors or managers, and of
each of the said patronizing bodies, legally expressed
and certified thereto by the secretary, clerk or record-
ing officer of such board of trustees, directors or man-
agers and of each of the patronizing bodies.
Sec. II. The change or amendment of the articles
of incorporation shall be recorded by the recorder of
deeds as the original articles of incorporation are
required to be, and the recorder shall make upon the
margin of such record a reference to the book and
page of the record of such original articles of incor-
poration ; and from and after the date of such act of
recording, such change or amendment shall be in full
force and effect as the original articles of incorpora-
tion so amended.
Sec. 12. The corporation by its new name, or with
such amended articles of incorporation or certificate,
shall be entitled to all the rights, powers, immunities
and franchises that it possessed before such change
or amendment, and shall be liable upon all contracts,
obligations, liabilities entered into, incurred or bind-
ing on such corporation by or under the old name or
articles of incorporation, to the same extent and man-
ner as though no such change or amendment had been
made.
CHAPTER X.
IOWA STATUTES OF RELIGIOUS
ASSEMBLIES.
Section I. If any person willfully disturb or disquiet
any assembly of persons met for religious worship, by
profane discourse or rude and indecent behavior, or by
making a noise either within the place of worship or so
near as to disturb the order and solemnity of the assem-
bly, he shall be punished by imprisonment in the coun-
ty jail not more than thirty days, or by fine not exceed-
ing one hundred dollars. If any person, or persons,
unlawfully or willfully disturb or interrupt any school,
school meeting, teachers' institute, lyceum, literary
society, or any other lawful assembly of persons being
in the peace of the state, such person or persons shall
be deemed guilty of a misdemeanor, and on convic-
tion thereof shall be punished by fine not exceeding
one hundred dollars, or by imprisonment in the county
jail not exceeding thirty days.
Sec. 2. If any person within one mile from the
place where any religious society is collected together
for religious worship, in any field or woodland, expose
to sale or gift any spirituous or other liquors, or any
article of merchandise, or any provisions, or other
78
IOWA STATUTES OF RELIGIOUS ASSEMBLIES. 73
articles of traffic, he shall be punished by imprisonment
in the county jail not more than thirty days, or by fine
not exceeding one hundred dollars.
Sec. 3. The preceding section does not apply to
tavern or grocery keepers exercising their calling or
business in the places mentioned in their licenses, if
they have such ; nor to any distillers or manufacturers,
or others in the prosecution of their ordinary calling or
business, so as to prevent them from vending or expos-
ing to sale the articles above prohibited at their place
of residence, nor to any person who has a written per-
mit from the person having the charge of such religious
society, to sell any of such prohibited articles, on com-
plying with the regulations of such religious assembly
and with the laws of the state.
Sec. 4' If ^-iiy person be found on the first day of
the week, commonly called Sabbath, engaged in any
riot, fighting or offering to fight, or hunting, shoot-
ing, carrying firearms, fishing, horse-racing, dancing,
or in any manner disturbing any worshiping assembly
or private family, or in buying or selling property
of any kind, or in any labor, the work of necessity
and charity only excepted, every person so offending
shall, on conviction, be fined in a sum not more than
five dollars nor less than one dollar, to be recovered
before any justice of the peace in the county where
such offense is committed, and shall be committed to
the jail of said county until the said fine, together
with the costs of prosecution, shall be paid; but
nothing herein contained shall be construed to ex-
tend to those who conscientiously observe the seventh
4
74 LAW FOR THE CLERGY.
day of the week as the Sabbath, or to prevent persons
traveling or families emigrating from pursuing their
journey, or keepers of toll bridges, toll gates and ferry-
men from attending the same.
Sec. 5' No practicing attorney, counselor, physician,
surgeon, minister of the gospel, or priest of any de-
nomination, shall be allowed, in giving testimony, to
disclose any confidential communication properly in-
trusted to him in his professional capacity and necessary
and proper to enable him to discharge the functions of
his office according to the usual course of practice or
discipline. Such prohibition shall not apply to cases
where the party in whose favor the same are made
waives the rights conferred.
CHAPTER XI.
MICHIGAN STATUTES OF MARRIAGE.
Section I. Every male who shall have attained the
full age of eighteen years, and every female who shall
have attained the full age of sixteen years, shall be
capable in law of contracting marriage- if otherwise
competent.
Sec. 2. Marriage, so far as its validity in law is con-
cerned, is a civil contract, to which the consent of par-
ties capable in law of contracting is essential.
Sec. 3« No man shall marry his mother, grand-
mother, daughter, granddaughter, stepmother, grand-
father's wife, son's wife, grandson's wife, wife's mother,
wife's grandmother, wife's daughter, wife's granddaugh-
ter, nor his sister, brother's daughter, sister's daughter,
father's sister, or mother's sister.
Sec. 4» No woman shall marry her father, grand-
father, son, grandson, stepfather, grandmother's hus-
band, daughter's husband, granddaughter's husband,
husband's father, husband's grandfather, husband's son,
husband's grandson, nor her brother, brother's son, sis-
ter's son, father's brother, or mother's brother.
Sec. 5" No marriage shall be contracted whilst
either of the parties has a former wife or husband liv-
75
76 LAW FOR THE CLERGY.
ing, unless the marriage with such former wife or hus-
band shall have been dissolved.
Sec. 6. No white person shall intermarry with a
negro, and no insane person or idiot shall be capable
of contracting marriage.
Note. — The question whether either of the parties present-
ing themselves for marriage come within the term "negro,"
insane person or idiot, williin the meaning of the foregoing
section, must be determined by the officiating minister, or
magistrate, from the preliminary examination, and his own
observation, exercising his best judgment. Occasionally a
very nice question has been presented to the courts, respecting
the meaning of the words "negro," "mulatto," "persons of
color," and "white persons." In one case in the State of
Maine, Shipley (C. J.) observed: There is a difference of
opinion respecting the proportion of African blood which will
prevent the person possessing it from being regarded as white.
Soine courts appear to have held that a person should be so
regarded when his white blood predominated both in propor-
tion and in appearance. Those least disposed to consider per-
sons to be white who have any proportion of African blood
have admitted that persons possessing only one-eighth part of
such blood should be regarded as white. (Bailey vs. Fiske, 34
Maine R. 77.)
Sec. 7' Marriages may be solemnized by any justice
of the peace in the county in which he is chosen, and
they may be solemnized throughout the state by any
minister of the gospel, who has been ordained accord-
ing to the usages of his denomination, and who resides
in this state, and continues to be a preacher of the
gospel.
Sec. 8. All justices of the peace and ministers of
the gospel are hereby authorized and required, before
solemnizing any marriage, to examine at least one of
the parties on oath, which oath they are hereby author-
ized to administer as to the legality of such intended
marriage.
MICHIGAN STATUTES OF MARRIAGE. 77
Note. — A neglect to examine one of the parties on oath,
according to this section, might subject the officiating officer
to the penalty provided in section ten, and simply swearing
one of the parties, and asking him. or her whether they know
of any legal impediment to the marriage, is not enough. The
statute requires that he shall examiiie at least one of the parties
on oath; when that is done, if the party makes a false state-
ment, the officer is not responsible, provided he has reason to
believe such statement to be true, and is satisfied that it is true.
But if it plainly appears that there is a legal impediment to
such marriage, and he performs the ceremony, he acts willfully,
and would be Hable to the penalty. No magistrate or minister
is obliged to perform the marriage ceremony in any given case;
he can decline if he chooses. The following is a proper form
of oath to be administered to the party holding up the right
hand, or by any other form to him most binding that he may
choose:
You do solemnly swear {or affiyyn^ if the f arty prefer it) that
you will true answers make to such questions as shall be put
to you touching the legality of your intended marriage with
Miss E R : So help you God.
Of course any questions may be put after this oath has been
administered that may be pertinent or proper, but the follow-
ing are suggested in order to bring out the facts to be embraced
in the record and the certificate required by sections fifteen and
sixteen {post) of this chapter. It would be a great convenience,
and secure correctness, if blanks were provided with the inter-
rogatories printed.
What is your name.''
What is your age .''
What is your occupation.^
What is your place of residence.'*
Where were you born.-*
What is the name of this woman.''
What is her age.'
What is her place of residence.''
Where was she born.''
Have either of you ever been married.'
If so, have either of you a husband or wife living.'
If a widow, what was her maiden name .'
Are you related to each other by consanguinity or affinitj'.'
If so, what is the relation .'
Do you know of any legal impediment to your intended
marriage with this woman ,'
78 LAW FOR THE CLERGY.
Sec. 9. In the solemnization of marriage no partic-
ular form shall be required, except that the parties
shall solemnly declare in the presence of the magistrate
or minister, and the attending, witnesses, that they take
each other as husband and Mnfe ; and in every case there
shall be at least two witnesses besides the minister or
magistrate present at the ceremony.
Note. — For marriage ceremony see ante^ pages 26 and 27.
Sec. 10. If any justice of the peace or minister of
the gospel shall join any persons in marriage contrary to
the provisions of this chapter, he shall forfeit for every
such offense a sum not exceeding five hundred dollars.
Sec. II. If any person shall undertake to join others
in marriage knowing that he is not lawfully authorized
so to do, or knowing of any legal impediment to the
proposed marriage, he shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be pun-
ished by imprisonment in the county jail not more than
one year, or by a fine not less than fifty nor more than
five hundred 'dollars, or by both ; such fine and impris-
onment in the discretion of the court.
Sec. 12. No marriage solemnized before any person
professing to be a justice of the peace or a minister of
the gospel shall be deemed or adjudged to be void,
nor shall the validity thereof be in any way affected on
account of any want of jurisdiction or authority in such
supposed justice or minister, provided the marriage be
consummated with the full belief on the part of the
persons so married, or either of them, that they have
been lawfully joined in marriage.
MICHIGAN STATUTES OF MARRIAGE. 79
Sec. 13. The preceding provisions of this chapter,
so far as they relate to the manner of solemnizing mar-
riages, shall not affect marriages among the people
called Friends or Quakers, nor marriages among people
of any other particular denomination having as such
any particular mode of solemnizing m.arriages ; but
such marriages may be solemnized in the manner here-
tofore used and practiced in their respective societies
or denominations.
Sec. 14. The original certificates and records of
marriage made by the minister or justice, as prescribed
in this chapter, and the record thereof made by the
county clerk, or a copy of such record duly certified
by such clerk, shall be received in all courts and places
as presumptive evidence of the fact of such marriage.
Sec. 15. Every justice of the peace, minister of the
gospel, and all other persons authorized by law to sol-
emnize marriages in this state, shall make a record of
each marriage so solemnized by him, and every clerk
or keeper of the records of the meetings in which any
marriages among the Friends or Quakers shall be sol-
emnized, shall make a record of such marriage, to-
gether with all the facts relating to the same, as re-
quired by the sixteenth section of this act ; and such
justice, minister of the gospel, clerk or other person
shall, at the time such marriage is solemnized, deliver
on demand, to either of the parties so joined in mar-
riage as aforesaid, a certificate of such marriage, con-
taining all the facts in relation thereto required by said
sixteenth section of this act, and shall, within ninety
days thereafter, deliver to the clerk of the county in
80 LAW FOR THE CLERGY.
which ^ch marriage took place a certified copy of
such record, and at the same time pay to the clerk
twenty-five cents for recording the same.
Sec. l6. The record of marriages shall state, in sep-
arate columns, the date and place of marriage, the
christian and surname of the bridegroom and bride,
and the maiden name of the bride, if a widow ; the
color, age and place of birth of each ; the residence of
each at the time of marriage ; the occupation of the
bridegroom, and the name and official station of the
person by or before whom they were married ; the
names and residences of at least two witnesses present
at such marriage, and the date when such record was
made.
FORM OF RECORD.
Record of marriage made on the day of ,
Date of marriage,
Place of marriage.
Christian and surname of bridegroom,
Age of bridegroom.
Occupation of bridegroom,
Residence of bridegroom.
Birthplace cf bridegroom.
Christian and surnamiC of bride,
Maiden name, if a widow, of bride,
Age of bride.
Residence of bride.
Birthplace of bride.
Color of parties (white or colored).
MICHIGAN STATUTES OF MARRIAGE. 81
Witnesses : , of , and .
of .
Name of person by whom married,
Official station of such person.
Having obtained the above facts by the oath of
said .
Note. — Certificate to Copy of above delivered to
Clerk.
County of , City {or to-j.')i) of .
I certify that the foregoing is a true copy of a record of
marriage solemnized by me on the day of , iS — , and
the whole thereof now in my possession.
Witness my hand this day of , i8 — .
Rector {or Pastor) of Church.
Form of Marriage Certificate.
State of Michigan*,
T\
f. r SS.
County of
This is to certify that on the day of , i8 — {at the
rcside7ice of , or at Church)^ in the city {or town)
of , State of Michigan, A B, of the age of years, by
occupation a , a resident of , who was born at ,
and Miss S P (// a ti-idon; xvhose maiden name rvas ), of the
age of years, a resident of , who was born at ,
were with their mutual consent joined in holy matrimony by
me {'?ot/i xvhite or colored) in the presence of G H, of , ancl
O P, of , attending Avitnesses, a record of which I have
this day made according to law.
Given under my hand, at , this day of , iS — .
Rector {or Pastor) of Church.
Sec. 17. Every justice of the peace, minister of the
gospel, and all other persons authorized by the laws of
this state to solemnize marriage, and clerks or keepers
of records of the meetings in which any marriage
among the Friends or Quakers shall be solemnized.
82 LAW FOR THE CLERGY.
who shall neglect or refuse to make a record of such
marriage, or to deliver to the county clerk of the
county in which the marriage took place a certified
copy of such record, or who shall refuse, on demand,
to deliver to the parties to such marriage the certificate
thereof, as required by section fifteen of this act, or
who shall willfully make a false or fictitious entry in
his record of marriages, or in the certified copy of such
record delivered to the county clerk, or in the certifi-
cate of marriage delivered to the parties thereto, shall
be deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be punished by a fine not exceeding
one hundred dollars, and in default of paying the same
shall be imprisoned in the county jail of the county in
which such conviction shall be had until said fine be
paid, but not to exceed the period of ninety days.
CHAPTER XII.
MICHIGAN STATUTES OF RELIGIOUS
SOCIETIES.
Section I. It shall be lav/ful for any number of
persons of full age, not less than five, who may be
desirous of forming themselves into a church congre-
gation or religious society, and who shall sign articles
of association for that purpose, to assemble together, at
such place as they may select, and by a plurality of
votes by ballot, elect any number of discreet persons,
being laymen, not less than three nor more than nine
in number, as trustees, to take charge of the property
belonging to, and transact all the affairs relative to the
temporalities of such church congregation or religious
society. At any time after such society shall have
become duly organized, it shall be lawful for any such
church congregation or religious society, at a meeting
thereof called in accordance with the provisions of this
act, by a vote of two-thirds of the members of such
society entitled to vote, present at any such meeting, to
amend its articles of association in any manner not in-
consistent with the provisions of this act, and such
amendments shall become operative on filing a copy of
the same certified by the moderator, chairman or presi-
83
84 LAW FOR THE CLERGY.
dent, and clerk of such meeting, with the clerk of the
county where such society is organized.
Sec. 2. It shall be lawful for any such church con-
gregation or religious society to choose their minister,
priest, curate, rector, parson, or officiating clergyman,
for the time being, to be the president of said corpo-
ration and of their meetings, by a vote as aforesaid ; and
at the first election provided for in this act, every per-
son who shall have signed the articles, and at any sub-
sequent election any person of full age who has for six
months been a stated worshiper with, or a contributor
regularly for one year previous to the support of such
church congregation or society shall be entitled to vote.
Sec. 3. The minister, priest, rector, curate, parson,
or officiating clergyman of such congregation or soci-
ety, or if none of them be present, one of the elders or
deacons, church-wardens or vestrymen thereof, and for
want of such officers any other person being a member
or stated hearer in such church congregation or soci-
ety, shall publicly notify said congregation of the time
when and the place where any election shall be held,
at least fifteen days before the day of such election,
and such notification shall be given for two successive
Sabbaths on which such church congregation or society
shall statedly meet fo~ public worship next preceding
the election.
Sec. 4. Any two of the elders, deacons, church-
wardens or vestrymen of such church congregation or
society, or if such officers shall not be present, then any
two voters present, to be nominated by a majority of
the voters, shall be inspectors of such election, receive
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 85
the votes, and determine the qualifications of voters,
and they shall immediately after the election certify,
under their hands and seals, the names of persons
elected to serve as trustees or vestrymen ; in which
certificate the name by which the said trustees or
vestrymen and their successors in office shall forever
thereafter be known and called shall be particularly
mentioned and specified, and such trustees may in said
certificate be denominated vestrymen, or church-war-
dens and vestrymen, executive committee, or any other
name stated in the certificate : Provided always^ that
they shall have all the power specified in this act, and
be elected in the manner provided for in this act.
Sec. 5* Such certificate shall be acknowledged by
the person making the same, or proved by a subscrib-
ing witness thereto, before some officer authorized to
take acknowledgments of deeds; and said certificate,
with the certificate of acknowledgment or proof there-
of, and the articles of association, shall be recorded by
the clerk of the county within which the church or
place of worship of such congregation shall be situate,
in a book to be by him provided for that purpose, who
shall be entitled to ten cents for each folio for record-
ing the same ; and thereafter such trustees and their
successors shall be a body corporate by the name ex-
pressed in such certificate.
Note. — The following forms may be used under the previous
sections :
Articles of Association.
Knoxv all men by these presents^ That we, L M, N O, P Q,
R S and T U {not less than five), i)eing of full age and desirous
86 LAW FOR THE CLERGY.
of forming ourselves into a church congregation {or relig-ious
society), do sign these articles of association by which v.e have
agreed, and hereby do agree, to become incorporated such re-
ligious society, etc. {as /he case may bc\ in pursuance of the law
of this state, by the name and style of {here insert corporate
na}nc), of the {tovjn, city or village) ; and we do hereby agree
that all persons who may hereafter become associated with us
in this organization shall be entitled to equal privileges and
rights in the grant and franchises hereby secured in and by
virtue of the statute in such case made and provided.
In witness whereof we have hereunto set our hands and
seals this day of , i8 — .
(Signed) L M, [seal]
N O, (etc.) [seal]
Certificate of Election of Officers.
The undersigned, two of the {elders, or deaco7is, or church-
'Wardens, or vestrymen) of the {name of church or organization,
and if such ojficers or none of them he present, then any t'vo voters
present), nominated by a majority of votes, inspectors, do here-
by certify that on the day of , i8 — , at o'clock
P.M., at a ineeting called and held at , in the town of ,
county of , and State of Michigan, pursuant to a notice
duly given for the purpose of incorporating themselves, did
then and there elect by a majority vote of the persons who
signed the articles of association, A B, C D and E F {not less
than three nor more thati nine), as trustees of the said church
corporation, and the said persons did then and there determine
by a like majority of votes that the said trustees or vestrymen
and their successors should forever thereafter be known and
called by the name of {give name of church).
Witness our hands and seals this day of , 18 — .
(Signed) A B, I seal]
C D, (etc.) [seal]
Note. — For form of acknowledgment see post, page 125.
Sec. 6. Such trustees may have a common seal and
may alter the same at pleasure, and they may take into
their possession and custody all the temporalities of such
church congregation or society, whether the same shall
consist of real or personal estate, and whether the same
may have been given, granted or devised, directly or
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 87
indirectly, to such church congregation or society, or
to any other person or persons for their use.
Sec. 7* Such trustees may, also, in their corporate
name, sue and be sued in all courts and places, and
they may recover and hold all the debts, demands,
rights and privileges, all churches, buildings, burying-
places, and all the estate and appurtenances belonging
to such church congregation or society in whatsoever
manner the same may have been acquired, or in whose
hands soever the same may be held, as fully and amply
as if the right and title thereto had been originally
vested in said trustees ; and they may hold moneys and
personal estate raised or acquired for the purpose of
erecting churches, or houses of residence for their
minister or priest, or for the purchase of burial ground,
for a period not exceeding one year before investment
thereof, and not exceeding the value or amount of
twenty thousand dollars; and they may hold for a
period not exceeding three years, any land which may
be lawfully conveyed to them, not exceeding five thou-
sand dollars in value, to be sold for the purpose of
raising a fund for erecting, repairing or improving a
church, or churches, or other building aforesaid, or for
the purchase or improvement of any cemetery or burial-
ground. But all such lands shall revert to the donor
or grantor, his or her heirs or assigns, if not disposed
of within the time aforesaid.
Sec. 8. The said trustees or wardens and vestry-
men shall also have authority, under the direction of
the society, to sell and convey, mortgage or lease any
real estate belonging to such society or held by them as
88 LAW FOR THE CLERGY.
such trustees or wardens and vestrymen, and to erect
churches and meeting houses, and dwelling houses for
their ministers or priests, and other buildings for the
direct and legitimate use of their church congregation
or society, and to alter and repair the same, but for no
secular purpose : Provided^ that no such sale or con-
veyance shall be made in any case where it would be
inconsistent with the express terms or plain intent of
the grant, donation, conveyance or devise by which the
same was conveyed or devised to or for the use of such
church congregation or society, nor unless the vote or
assent of at least two thirds of those present and enti-
tled to vote at any meeting of the society duly and
specially called for that purpose shall be obtained
therefor.
Sec. 9* They shall also have authority to make rules
and orders for managing the temporal affairs of such
church congregation or society, and to dispose of all
moneys belonging thereto, and to order and regulate
the renting of pews or slips in their meeting houses
and churches, and the perquisites for the breaking of
the ground and burial of the dead in the cemetery or
church-yard, and in the said churches or meeting houses.
Sec. 10. They may appoint a clerk and a treasurer
of their board, and a collector to collect their rents and
revenues, and may regulate the fees to be allowed such
clerk, treasurer and collector, and may remove them
and appoint others in their stead at pleasure ; and such
clerk shall enter all rules and orders made by such
trustees, and payments ordered by them, in a book to
be procured by them for that purpose.
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 89
Sec. II. Any two of the trustees may at any time
call a meeting of the trustees, and a majority of them,
being lawfully convened, shall be competent to do and
perform all matters and things which such trustees are
authorized to do and perform; and said trustees may
elect the minister, priest, curate, rector, parson or
officiating clergyman of said society for the time being,
to preside at such meetings, who shall have no vote
except in case of a tie of the board, when he shall
have a casting vote.
Sec. 12. The said trustees shall hold their offices
for three years ; and immediately after their first elec-
tion as hereinbefore provided, the said trustees shall be
divided by lot into three classes, numbered one, two
and three; and the seats of the first class shall be
vacated at the end of the first year, of the second class
at the end of the second year, and of the third class at
the end of the third year, to the end that, as near as
may be, One third part of the whole number of the
trustees may be annually chosen : Provided^ however^
that any persons entering into articles of association as
aforesaid, may provide in said articles for the election
of the whole board of trustees once in each year, at
such time as they may appoint, in the manner above
prescribed, and said whole number may be elected in
conformity to such provisions.
Sec. 13. It shall be the duty of the clerk of said
trustees, at least one month before the expiration of
the office of any of said trustees, to notify the same in
writing to the minister, priest, curate, rector, parson or
, officiating clergyman, or in case of his death or absence,
4.*
90 LAW FOR THE CLERGY.
to the elders or church-wardens, or if there be no elders
or church-wardens, then to the deacons or vestrymen
of any such church congregation or society, specifying
in such notice the names of the trustees whose office
will expire ; and the minister, priest, curate, rector,
parson or other officer receiving such notice shall, in
manner aforesaid, notify the members of such church
congregation or society of such vacancies, and appoint
the time and place for the election to supply the same.
Sec. 14. Such election shall be held at least six
days before vacancies shall occur as aforesaid ; and all
such subsequent elections shall be held and conducted
by the like persons, and in the same manner, as here-
inbefore provided for the first election ; and in case
any vacancy shall occur by the death of a trustee, his
refusal to act, or removal from the society before his
term of office expires, or otherwise, notice thereof shall
be given as aforesaid, and an election shall be held
and another trustee chosen in his stead for the re-
mainder of his term.
Sec. 15. No person belonging to any such church
congregation or society incorporated under the pro-
visions of this act, shall be entitled to vote at any
election after the first until he shall have been an at-
tendant on public worship in such church congregation
or society at least six months next before such election,
and shall have contributed to the support of such
church congregation or society according to the usages
and customs thereof.
Sec. 16. The clerk of the trustees shall keep a
register of the names of all such persons as shall desire
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 91
to become stated hearers in the said church congrega-
tion or society, and shall therein note the time when
such request was made; and the said clerk shall attend
all subsequent elections in order to test the qualifica-
tions of such voters in case they shall be questioned.
Sec. 17. Nothing in this act contained shall be con-
strued to give such trustees the power to fix or ascer-
tain the salary or compensation to be paid any minister,
priest, curate, rector or parson, but the same shall be
ascertained and fixed by a majority of such society
entitled to vote at the election of trustees.
Sec. 18. It shall be lawful for the circuit court for
the county in which any such religious corporation
shall have been constituted, on the application of such
corporation, if such court shall deem it proper, to make
an order for the sale of any real estate belonging to
such corporation, and to direct the application of the
moneys arising therefrom to such uses as the said cor-
poration, with the approbation of said court, shall con-
ceive to be for the interest of such corporation : Pro-
vided^ that no such sale shall be authorized by the court
in any case where it would be inconsistent with the
express terms or plain intent of the grant, donation,
conveyance or devise by which the same was conveyed
or devised to or for the use of such church congrega-
tion or society prior to the passage of this act.
Sec. 19. At least thirty days' previous notice of any
such application to the circuit court shall be given by
publishing the same in some newspaper published in
the county, if one be there published ; if not, by posting
up notices in three or more public places in such county.
92
LAW FOR THE CLERGY.
Sec. 20. All lands, tenements, and hereditaments
that have been or may hereafter be lawfully conveyed
by devise, gift, grant, purchase or otherwise, to any per-
sons as trustees, in trust for the use of any church
congregation or religious society, organized, or which
may hereafter be organized within this state, either for
a meeting-house, burial-ground, or for the residence of
a preacher or priest, shall vest and descend, with the
improvements, in perpetual succession to, and shall be
held by the trustees provided for in this act, in trust for
such church congregation or society.
Sec. 21. No bishop, vicar, rector, parson, curate,
priest, deacon or other officer of any church, religious
body, order, society or association ; no superior or other
officer or member, male or female, of any religious order,
ecclesiastical or lay, nor of any ecclesiastical, educa-
tional or charitable institution or establishment, shall in
consequence of such office or membership, or in the
character or capacity of such officer or member, have,
possess or exercise any power, capacity or franchise of
a corporation sole, so far as relates to the taking, hold-
ing, managing, selling or transmitting property ; and
every gift, grant, devise, bequest, conveyance, or lease
of any real estate or any interest therein, or any use or
benefit to arise therefrom, or of money or of other
property to be invested therein or to arise therefrom,
hereafter made or attempted to be made, by deed, will
or otherwise, to any such officer or member by his or
her name of office or membership, or in the character
of such officer or member, shall be utterly void to all
intents and purposes, and no corporation for religious,
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 93
ecclesiastical, educational or charitable purposes, shall
be recognized as existing by the common law, the canon
law, or by prescription, or in any other manner except
by express statute of this state : Provided^ that this sec-
tion shall in no way invalidate any right of property or
right of action heretofore vested ; and provided further^
that this section is not intended as any implication or
admission of any previous corporate capacity incident
to such official character or membership as herein above
mentioned.
Sec. 22. Neither the canon law nor the decrees, nor
any decree or order of any ecclesiastical council or
body, nor any custom or usage founded thereon, nor
any custom or usage of any church congregation or
religious society or religious order shall hereafter be
recognized or enforced in this state so far as such law,
usage or custom shall relate to the acquisition, the ten-
ure, or the control or disposition of any real estate or
any interest therein, or any use or trust connected or to
be connected therewith : Provided nevertheless^ that this
section shall not in any manner impair or invalidate
any grant, devise or other conveyance heretofore made,
nor shall this section be construed as a recognition of
the prior legality or obligation of such law, usage or
custom in this state.
Sec. 23. No grant, conveyance, devise or lease of
any real estate, dedicated or appropriated to the pur-
poses of religious worship, or for any religious or eccle-
siastical purposes, or appearing to be intended to be
managed or controlled by any congregation or society,
or any officer or officers thereof, in his or their official
94 LAW FOR THE CLERGY.
capacity, shall hereafter vest any right, title or interest
in any person or persons to whom such grant, convey-
ance, devise or lease may be made, unless the same
shall be made to a corporation organized under some
statute of this state, or of the late Territory of Michi-
gan, or under the provisions of this act or some act
hereafter passed, amending or altering the same.
Sec. 24. Every church congregation or religious
society heretofore incorporated in pursuance of any
statute of this state, or of the late Territory of Michi-
gan, and not since dissolved, shall be and is hereby
established and confirmed, subject, nevertheless, to the
provisions of this act, so far as they may be constitu-
tionally subjected thereto without impairing rights here-
tofore legally vested. And all vacancies which may
hereafter occur in the office of trustee of any church or
religious society, heretofore incorporated under any
statute of this state, or of the late Territory of Michi-
gan, shall be filled by an election as provided for the
filling of vacancies in such office under this act ; and
in case of the dissolution of any such corporation, or of
any corporation hereafter to be formed in pursuance of
the provisions of this act, for any cause whatever, the
same may be incorporated under the provisions of
this act at any time within six years after such dissolu-
tion, and thereupon all the estate, real and personal,
formerly belonging to the same, and not lawfully dis-
posed of, shall vest in such corporation, as if there had
been no dissolution.
Sec. 25. The provisions of this chapter shall apply
to all churches, religious congregations, religious socie-
MICHIGAN STATUTES OF RELIGIOUS SOCIETIES. 95
ties, religious and ecclesiastical orders, and every asso-
ciation of persons for religious purposes.
Note. — The following acts relating to particular religious
societies may be found by referring to the Compiled Laws of
1S71, viz.: x\n act for the organization of Protestant Episcopal
churches, page 1043; An act to provide for the appointment of
trustees in certain cases, page 1045; An act to enable certain
Protestant Episcopal churches to reorganize, page 1046; An
act to provide for the incorporation of Presbyterian churches,
page 1047; An act to provide for the incorporation of Reformed
Protestant Dutch churches, page 1049; An act to provide for
the incorporation of churches of Christ, page 1051; An act to
provide for the union and consolidation of churches of Christ,
page 1053; An act to authorize the organization of young
men's Christian associations, page 1055; An act to authorize
the Roman Catholic bishops of Michigan to liold property in
trust for the use of the church, page 1056; An act to provide
for the incorporation of St. Jean Baptiste societies, page 1057;
An act to provide for the incorporation of associations, conven-
tions, conferences, or religious bodies for literary, religious or
other benevolent purposes, page 1059; An act to amend an act
for the incorporation of associations, conventions, religious
bodies, etc., page 2, laws of 1S75; An act to provide for the ex-
ercise by religious societies of corporate powers for certain
purposes, page 26, laws 1875.
CHAPTER XIII.
MICHIGAN STATUTES OF RELIGIOUS
ASSEMBLIES.
Section I. Every person who, on the first day of
the week or at any other time, shall willfully interrupt
or disturb any assembly of people met for the worship
of God, within the place of such meeting or out of it,
shall, on conviction thereof before any justice of the
peace, be punished by imprisonment in the county jail
not more than thirty days, or by a fine not exceeding
fifty dollars.
Sec. 2. No person shall willfully disturb, interrupt
or disquiet any assembly of people met for religious
worship by profane discourse, by rude and indecent
behavior, or by making a noise, either within the place
of worship or so near it as to disturb the order and
solemnity of the meeting ; nor shall any person, within
two miles of the place where any religious society shall
be actually assembled for religious worship, expose to
sale or gift any ardent or distilled liquors, wine, beer,
cider, fruit, or any other article of food or merchan-
dise, or keep open any huckster-shop in any other place,
inn, stand or grocery than such as shall be or have
been duly licensed, or in which such person shall have
usually carried on such business; nor shall any person,
within the distance aforesaid, exhibit any shows or
96
MICHIGAN STATUTES OF RELIGIOUS ASSEMBLIES. 97
plays unless the same shall have been duly licensed by
the proper authority ; nor shall any person within the
distance aforesaid promote, aid or be engaged in any
racing of any animals, or in any gaming of any descrip-
tion ; nor shall any person obstruct the free passage of
any highway to any place of public worship within the
distance aforesaid.
Sec. 3. Whoever shall violate either of the pro-
visions of the foregoing section may be convicted sum-
marily before any justice of the peace of the county,
or any mayor, recorder, alderman or other magistrate
of any city or township where the offense shall be com-
mitted, and on such conviction shall forfeit a sum not
exceeding twenty-five dollars, for the benefit of the
township libraries in the township in which such con-
viction is had.
Sec. 4. It shall be the duty of all sheriffs and their
deputies, coroners, marshals, constables and other
peace officers, all presiding elders and ministers of the
gospel, deacons, stewards and official members of any
church or religious society who may be present at the
meeting of any assembly for religious worship, which
shall be interrupted or disturbed in the manner herein
prohibited, on sight to apprehend the offender and take
him before some justice of the peace or other magis-
trate authorized to convict as aforesaid, to be pro-
ceeded against according to law.
CONSTITUTIONAL PROVISIONS.
Sec. 5- The legislature shall pass no law to prevent
any person from worshiping Almighty God according
5
98 LAW FOR THE CLERGY.
to the dictates of his own conscience, or to compel any
person to attend, erect or support any place of re-
ligious worship, or to pay tithes, taxes or other rates
for the support of any minister of the gospel or teacher
of religion.
Sec. 6. No money shall be appropriated or drawn
from the treasury for the benefit of any religious sect
or society, theological or religious seminary, nor shall
property belonging to the state be appropriated for
any such purposes.
Sec. 7» The legislature shall not diminish or enlarge
the civil or political rights, privileges and capacities of
any person on account of his opinion or belief concern-
ing matters of religion.
Note. — The following property is exempt from taxation.
See Sec. 5 Compiled Laws of 1871.
Sec. 8. All the houses of public worship, with the
pews or slips and furniture therein, also the land on
which such houses of worship may stand, so far as oc-
cupied by such houses of worship and for no other pur-
poses, and rights of burial and tombs while in use
as repositories of the dead, and also any parsonage
owned and occupied as such by any religious society
incorporated under the laws of this state.
Sec. 9. All property held by any religious society
as a ministerial fund shall be assessed to the treasurer
of such society, and if such property consists of real
estate it shall be taxed in the township where such
property lies ; if it consists of personal property it shall
be taxed in the township where such society usually
holds its meetings.
CHAPTER XIV.
MINNESOTA STATUTES OF MARRIAGE.
Section I. Marriage a civil contract. — Marriage, so,
far as its validity in law is concerned, is a civil contract,
to which the consent of the parties, capable in law of
contracting, is essential.
Sec. 2. Who is capable of contracting marriage. —
Every male person who has attained the full age of
eighteen years, and every female who has attained the
full age of fifteen years, is capable in law of contracting
marriage, if otherwise competent.
Sec. 3* Persons prohibited from mai'rying. — No mar-
riage shall be contracted while either of the parties
has a husband or a wife living, nor between parties who
are nearer of kin than first cousins, computing by the
rules of the civil law, whether the half or the whole
blood.
Sec. 4« Marriages., by whofn solemnized. — Marriages
may be solemnized by any justice of the peace in the
county in which he is elected; and throughout the
state by any judge of a' court of record, or any ordained
minister of the gospel in regular communion with any
religious society.
Sec. 5« Ministers shall file copy of credentials with
99
100 LAW FOR THE CLERGY.
clerk of court. — Ministers of the gospel, before they are
authorized to perform the marriage rite, shall file a
copy of their credentials of ordination with the clerk
of the district court of some county in this state, who
shall record the same and give a certificate thereof;
and the place where such credentials are recorded shall
be indorsed upon each certificate of marriage granted
by any minister and recorded with the same.
Sec. 6. One of the parties may be examined on oath. —
All judges, justices of the peace and ministers of the
gospel may, before solemnizing any marriage, examine
at least one of the parties on oath, which oath they are
authorized to administer as to the legality of such in-
tended marriage; and in no case shall such judge,
justice or minister solemnize a marriage if he is satis-
fied that there is any legal impediment thereto.
Note. — This section does not make it imperative on the
officiating minister to examine at least one of the parties on
oath as to the legality of such intended m.arriage, but it is safe
to do so if there is any doubt about the qualifications of either
of the parties, as he is strictly forbidden to solemnize a marriage
if he is satisfied that there is any legal impediment; and by
section thirteen {fost) he incurs a severe penalty if he kno^v-
ingly solemnize any marriage contrary to the provisions of
this chapter. The only Avay to thoroughly inform himself is
to examine one of the parties on oath, and take his or her
answers in writing, and if the answers are false, yet if they
show the parties qualified, the clergyman would be exonerated,
as he has done his full duty, unless "it should be made to appear
that he had knowledge aside from the statements of the parties
that there was some legal impediment.
No magistrate or minister is obliged to perform the marriage
ceremony in any given case; he can decline if he choose.
The following is a proper form of oath to be administered
to the party holding up the right hand :
You do solemnly swear {or afiinn, if the party f refers) that
you will true answers make to such questions as shall be put to
MINNESOTA STATUTES OF MARRIAGE. 101
you touching the legality of your intended marriage with Miss
E N: So help you God.
Of course any questions may be put after this oath has been
administered that ma}- be pertinent or proper, but the following
are suggested in order to bring out the material facts, viz. :
What is your full name,'*
What is the name of this woman?
Where do you reside.''
Where does she reside.''
What is your age.'*
What is her age.''
Have either of you ever been married.''
If so, have either of you a husband or wife living?
Are you related to each other?
If so, what is the relation?
Do you know of any legal impediment to your marriage
with this woman?
The party being under oath, if any of the answers to these
questions are false, he can be convicted of perjury and made to
suffer the penalty.
Sec. 7' License to be obtained^ when. — Previous to
persons being joined in marriage a license shall be ob-
tained from the clerk of the district court of the county
in which the female resides ; or, if not a resident of
this state, then from the clerk of the district court in
the county where the marriage is to take place in this
state; but if there shall be no such clerk in the county
where such female resides or where the marriage is to
be solemnized, then no such license shall be required.
Sec. 8. Clerk to make ijtquiries, a7id to be satisfied that
there is no legal impediments. — The clerk of the district
court, as aforesaid, may inquire of the party applying
for marriage license as aforesaid, upon oath or affirma-
tion, relative to the legality of such contemplative mar-
riage, and if the clerk shall be satisfied that there is no
legal impediment thereto, then he shall grant such
102 LAW FOR THE CLERGY.
marriage license, and shall make a record thereof; and
if any persons intending to marry shall be under age,
and shall not have had a former wife or husband, the
consent of the parents or guardians shall be personally
given before the clerk, or certified under the hand of
such parent or guardian, attested by two witnesses, one
of whom shall appear before said clerk and make oath
or affirmation that he saw said parent or guardian sub-
scribe, or heard him or her acknowledge the same ; and
said clerk is hereby authorized to administer such oath
or affirmation, and thereupon issue and sign such
license, and affix thereto the seal of the court. The
clerk shall be entitled to receive as his fee for admin-
istering the oath and granting the license with the seal
affixed thereto, recording the certificate of marriage
and filing the necessary papers, the sum of two dollars ;
and if any clerk shall in any other manner issue or sign
any marriage license he shall forfeit and pay a sum not
exceeding one thousand dollars, to and for the use of
the parties aggrieved.
Sec. 9. No particular form of marriage required. —
In the solemnization of marriage no particular form is
required, except that the parties shall declare in the
presence of the judge, minister or magistrate and the
attending witnesses, that they take each other as hus-
band and wife; and in every case there shall be at
least two witnesses present besides the persons per-
forming the ceremony.
Note. — For form of ceremony see ante^ pages 26 and 27.
Sec. 10. Certificate to be given. — Whenever a mar-
riage is solemnized, the person solemnizing the same
MINNESOTA STATUTES OF MARRIAGE. 103
shall give to each of the parties, if requested, a cer-
tificate thereof, specifying therein the names and resi-
dence of the parties, and of at least two of the witnesses
present, and the time and place of such marriage.
CERTIFICATE OF MARRIAGE.
This is to certify that A B, of , in the county of
, and State of , and E R, of , in the county
of , and State of , were joined in holy matri-
mony by me at , in the State of Minnesota, this
day of , in the year of our Lord one thousand
eight hundred and , in the presence of T L, of
, in the county of , and State of , and W
S, of , in the county of , and State of Minne-
sota, attending witnesses, the said A B having produced
the requisite license and being first examined under
oath by me {if that is the fact), and no legal impedi-
ment being found thereto.
Given under my hand this day of , i8 — .
Rector (or Fasto?-) of Church.
Note. — Indorse upon the back of each certificate of mar-
riage as follows :
My credentials of ordination are recorded in the ofiice of
the clerk of the district court of the county of , in the State
of Minnesota. ,
Rector [or Pastor) of Church.
Sec. II. Record to be made a7id certificate delivered to
clerk of court — Certificate to be recorded. — Every person
solemnizing a marriage shall make a certificate under
his hand, containing the particulars specified in the
next preceding section, and shall deliver the same to
104 LAW FOR THE CLERGY.
the clerk of the district court in the same county where
the license was issued, and a duplicate with the clerk
in the county where the marriage was solemnized,
which certificate shall be filed and recorded by said
clerk in a book to be kept by him for that purpose ; and
said clerk shall be entitled to receive the sum of
twenty-five cents for recording said duplicate certifi-
cate from the person offering the same for record.
Note. — The above duplicate certificates may be like that
given to the parties; and this part of a clergyman's duty is quite
important for the purpose of enabling the proper officers to
make a public record of the marriage, but it is a duty often
neglected, although the law fixes a penalty to such neglect of
not to exceed one hundred dollars fine.
Sec. 12. Failure to deliver certificate — Pe?ialty. —
Every person solemnizing a marriage, who neglects to
make and deliver to the clerk a certificate thereof
within the time above specified, shall forfeit a sum not
more than one hundred dollars ; and every clerk who
neglects to record such certificate so delivered shall
forfeit the like penalty.
Sec. 13. Pe7ialty for solemnizing marriage co7itrary to
law^ or making false certificate. — If any person author-
ized by law to join persons in marriage knowingly sol-
emnizes any marriage contrary to the provisions of this
chapter, or willfully makes any false certificate of any
marriage or pretended marriage, he shall forfeit for
every such ofi'ense a sum not exceeding five hundred
dollars or may be imprisoned not exceeding one year.
Sec. 14. Pe7ialty on persons undertaking to join others
in j?iarriage when not authorized, etc. — If any person un-
dertakes to join others in marriage knowing that he is
MINNESOTA STATUTES OF MARRIAGE. 105
not lawfully authorized to do so, or knowing of any
legal impediment in the proposed marriage, he shall be
guilty of a misdemeanor, and upon conviction thereof
shall be punished by imprisonment not more than one
year or by a fine not more than five hundred dollars,
or by both such fine and imprisonment, in the discre-
tion of the court.
Sec. 15. When 7narriages not void altJwiigh person
officiating was not authorized. — No marriage solemnized
before any person professing to be judge, justice of the
peace or minister of the gospel, shall be deemed or
adjudged to be void, nor shall the validity thereof be
in any way affected, on account of want of jurisdiction
or authority in such supposed judge, justice or minis-
ter, provided the marriage is consummated with a full
belief on the part of the persons so married, or either
of them, that they have been lawfully joined in mar-
riage.
Sec. 16. Marriages among Quakers valid — Duty of
clerk — Penalty. — All marriages solemnized among the
people called Friends or Quakers in the form hereto-
fore practiced and in use in their meetings are valid,
and not affected by any of the foregoing provisions;
and the clerk of the meeting in which such marriage is
solemnized shall, within one month after every such
marriage, deliver a certificate of the same to the clerk
of the district court of the county where such marriage
took place, or of the county to which such county is
attached for judicial purposes, in a penalty of forfeit-
ing not more than one hundred dollars, which certifi-
cate shall be filed and recorded by such clerk under a
106 LAW FOR THE CLERGY.
like penalty ; and if such marriage does not take place
in such meeting such certificate shall be signed by the
parties and at least six witnesses present, and filed and
recorded as above provided under a like penalty.
Sec. 17. Illegitimate children legitimatized by marriage
of parentis. — Illegitimate children become legitimatized
by the subsequent marriage of their parents with each
other, and the issue of marriages declared null in law
shall nevertheless be legitimate.
CHAPTER XV.
MINNESOTA STATUTES OF RELIGIOUS
ASSEMBLIES.
Section I. Disturbing public worships how pun-
ished.— Whoever on the Lord's day, or at any other
time, willfully interrupts or disturbs any assembly of
the people met for worship, within the place of said
meeting or out of it, shall be punished by fine not
exceeding twenty dollars nor less than five dollars, or
by imprisonment in the county jail not exceeding thirty
days.
Sec. 2. No person shall keep open his shop, ware-
house or workhouse, or shall do any manner of labor,
business or work, except only works of necessity and
charity, or be present at any dancing or any public di-
version, show or entertainment, or take part in any
sport, game or play on the Lord's day, commonly
called Sunday ; and every person so offending shall be
punished by a fine not exceeding two dollars for each
offense.
Sec. 3. No person shall keep any shop, booth, tent,
wagon, carriage for the sale of, or shall sell, give or ex-
pose to sale any spirituous or intoxicating liquors,
goods or merchandise of any kind within two miles of
any public assembly, camp or grove meeting convened
107
108 LAW FOR THE CLERGY.
for the purpose of religious worship ; but this shall not
be construed to prevent any person from selling mer-
chandise at the shop or store where he usually trans-
acts business ; nor from selling liquors in any place
where he has received a license therefor before the ap-
pointment of such religious meeting; nor to prevent
any peddler from selling his goods to any person at the
usual place of business or residence of such person.
Sec. 4. Whoever is guilty of a breach of the preced-
ing section, upon conviction thereof before any justice
of the peace shall be fined not exceeding thirty dollars
or imprisonment in the county jail for any term not
exceeding thirty days, or may be sentenced to both
said punishments.
Sec. 5' Whoever is guilty of noisy, rude or indecent
behavior of exhibiting shows or plays or promoting or
engaging in horse-racing or gambling at or near any
such religious meeting so as to interrupt or disturb the
same, or at any religious meeting of the citizens of this
state maliciously cuts or otherwise injures or destroys
any harness or tents, or other property belonging to
any tent holder or other person, upon conviction there-
of before any justice of the peace shall be fined not
exceeding fifty dollars, or if the offense is of an aggra-
vated nature he may be held to recognize with sufficient
sureties to appear at the district court next to be holden
in the same county, and upon conviction before such
court he shall be fined in any sum not exceeding one
hundred dollars or imprisoned in the county jail not
exceeding ninety days, or by both such fine and impris-
onment.
STATUTES OF RELIGIOUS ASSEMBLIES. 109
Sec. 6. No prosecution for any violation of the pro-
visions of the last three sections shall be sustained
unless commenced within sixty days after the commis-
sion of such offense.
Sec. 7* For the purposes of the provisions of the
second section the Lord's day shall include the time
between the midnight preceding and the midnight fol-
lowing the said day.
CONSTITUTION.
Sec. 8. Freedom of religious belief acknowledged. —
The enumeration of rights in this constitution shall
not be construed to deny or impair others retained by
and inherent in the people. The right of every man
to worship God according to the dictates of his own
conscience shall never be infringed, nor shall any man
be compelled to attend, erect or support any place of
worship or to maintain any religious or ecclesiastical
ministry against his consent, nor shall any control of
or interference with the rights of conscience be per-
mitted, or any preference be given by law to any re-
ligious establishment or mode of worship ; but the
liberty of conscience hereby secured shall not be so
construed as to excuse acts of licentiousness or justify
practices inconsistent with the peace or safety of the
state, nor shall any money be drawn from the treasury
for the benefit of any religious societies or religious
or theological seminaries.
CHAPTER XVI.
MINNESOTA STATUTES OF RELIGIOUS
CORPORATIONS.
Section I. Religious corporations^ how organized. —
It shall be lawful for all persons of full age belonging
to any church congregation or religious society not
already incorporated, to assemble at the church or
meeting house, or other place where they statedly attend
for divine worship, and by a plurality vote elect any
number of discreet persons of their church congrega-
tion or society, not less than three nor more than nine
in number, as trustees, to take charge of the estate and
property belonging thereto, and transact all affairs rela-
tive to the temporalities thereof.
Sec. 2. President shall be chose?i — Who may vote. —
Such church congregation or religious society may
choose a president of the said corporation and of their
meetings, by a vote as aforesaid ; and at the election
provided for in this chapter, every person of full age
who has statedly worshiped with such church congre-
gation or society, and has been formally considered as
belonging thereto, is entitled to a vote.
Sec. 3. Notice of election, haiv given. — The minister
of such congregation or society, and in case of his
110
STATUTES OF RELIGIOUS CORPORATIONS. Ill
death or absence, one of the elders or deacons, church-
wardens or vestrymen thereof, and for want of such
officers any other person being a member or stated
hearer in such church congregation or society, shall
publicly notify the congregation of the time when and
the place where the said election shall be held, at least
fifteen days before the day of election ; and such noti-
fication shall be given for two successive Sabbaths on
which such church congregation or society statedly
meet for public worship preceding the election.
Sec. 4* Election^ how cotiducted, — Any two of the
elders, deacons, church-wardens or vestrymen of such
church congregation or society, or if such officers are
not present, then any two voters present, to be nomi-
nated by a majority of the voters, shall preside at such
election, receive the votes and determine the qualifi-
cation of voters; and they shall, immediately after the
election, certify under their hands and seals the names
of the persons elected to serve as trustees, in which
certificate the name by which the said trustees and
their successors in office shall forever thereafter be
called and known, shall be particularly mentioned and
specified.
FORM OF CERTIFICATE.
To all luhom it may concern :
The undersigned, two of the {ciders, deacons, chnrch-
wardens, vestryme?i or voters^, at a meeting of the mem-
bers of the church {or congregation), of full age, of
Church {or Society) for the election of officers appointed
to receive the votes of all qualified voters at such elec-
tion and canvass the same, do hereby certify that on
112 LAW FOR THE CLERGY.
the day of , i8 — , at Church (or other
place of worship of said co7igregation)^ in the town of
, county of , State of Minnesota, held in pur-
suance of notice to the congregation of said church or
society, given at two stated meetings on two successive
Sabbaths, being fifteen days previous to such meeting,
and at said meeting O P, Q R, and S T {jiot to exceed
7tine) were duly elected, by a plurality vote, trustees of
said church [or society)^ and it was then and there
determined, by a like vote, that the name by which
said trustees and their successors in office should for-
ever thereafter be called and known be. The Trustees
of Church, of .
Witness our hands and seals this day of ,
i8— . A B. [seal]
C p. [seal]
Sec. 5« Ce7'tificate to be acknoiviedged and recorded. —
Such certificate shall be acknowledged by the persons
making the same, or proved by a subscribing witness
thereto, before some officer authorized to take the
acknowledgment of deeds, and recorded, together with
the certificate of such acknowledgment, or proof by the
register of deeds of the county within which the church
or place of worship of such congregation is situated, in
a book provided by him for that purpose, who shall be
entitled to receive seventy-five cents for such record ;
and thereafter such trustees and their successors shall
be a body corporate by the name expressed in such
certificate.
Note. — For form of acknowledgment seQ post, page 125.
STATUTES OF RELIGIOUS CORPORATIONS. 113
Sec. 6. Trustees to have seal — May do what. — Such
trustees may have a common seal, and alter the same
at pleasure ; they may take into their possession and
custody all the temporalities of such church congrega-
tion or society, whether the same consists of real or
personal estate, and have been given, granted or de-
vised, directly or indirectly, to such church congrega-
tion or society, or to any other person for their use.
Sec. 7* General powers of trustees. — Such trustees
may also, in their corporate name, sue and be sued in
all courts and places, and they may recover and hold
all the debts, demands, rights and privileges, all
churches, buildings, burial-places, and all the estate
and appurtenances belonging to such church congre-
gation or society, in whatsoever manner the same may
have been acquired, or in whose hands soever the same
may be held, as fully and amply as if the right and
title thereto had been originally vested in the said
trustees; and they may hold other real or personal
estate, and demise, lease and improve the same ; but
the whole of such estate, ^real and personal, shall not
exceed the yearly income of three thousand dollars.
Sec. 8. May erect and repair churches a?id parsonages.
— The said trustees have authority to repair and alter
their churches and meeting houses, and, under the di-
rection of the society or congregation, erect churches
and meeting houses and dwelling houses for their min-
isters, and other buildings for the use of their church
congregation or society.
Sec. 9. May make by-laws^ rent pews., etc. — They have
authority to make rules and orders for managing the
114 LAW FOR THE CLERGY.
temporal affairs of such church congregation or society,
and to dispose of all moneys belonging thereto; and to
order and regulate the renting of pews or slips in their
churches and meeting houses, and the requisites for the
breaking of ground in the cemetery or churchyard
and in the said churches or meeting houses for bury-
ing the dead.
Sec. 10. May appoint cle7'k and ti-easiirer , — They may
appoint a clerk and treasurer of their board, and a col-
lector to collect and receive their rents and revenues,
and may regulate the fees to be allowed to such clerk,
treasurer and collector, and may remove them and ap-
point others in their stead at pleasure ; and such clerk
shall enter all rules and orders made by such trustees
and payments ordered by them, in a book to be pro-
cured by them for that purpose.
Sec. II. Meetings^ ho7V called and conducted. — Any
two of the trustees may at any time call a meeting of
the trustees, and a majority of them being lawfully
convened, shall be competent to do and perform all
matters and things which such trustees are authorized
to do and perform.
Sec. 12. Trustees to hold office three years. — The
said trustees shall hold their offices for three years,
and immediately after their first election as herein-
before provided, the said trustees shall be divided by
lot into three classes, numbered one, two and three;
and the seats of the first class shall be vacated at the
end of the first year, of the second class at the end
of the second year, and of the third class at the end
of the third year; and as near as may be one-third
STATUTES OF RELIGIOUS CORPORATIONS. 115
part of the whole number of trustees may be annually
chosen.
Sec. 13. Clerk to give notice of expiration of term of
office of trustees. — The clerk of said trustees, at least
one month before the expiration of the office of any of
the said trustees, shall notify the same in writing to the
minister, or in case of his death or absence, to the
elders or church-wardens, and if there are no elders or
church-wardens, then to the deacons or vestrymen of
any such church congregation or society, specifying in
such notice the names of the trustees whose office will
expire ; and the minister or other officers receiving
such notice shall, in the manner aforesaid, notify the
members of such church congregation or society of
such vacancies, and appoint the time and place for the
election to supply the same.
Sec. 14. Election of trustees^ /loiv conducted. — Such
election shall be held at least six days before vacancies
happen as aforesaid, and all such subsequent elections
shall be held and conducted in the same manner as
hereinbefore provided for the first election; and in
case any vacancy happens by the death of a trustee,
his refusal to act, or removal from the society before
his term of office expires or otherwise, notice thereof
shall be given as aforesaid, and an election shall be
held and another trustee chosen in his stead for the
remainder of such term.
Sec. 15. Qualifications of voters. — No person belong-
ing to any such church congregation or society, incor-
porated under the provisions of this chapter, is entitled
to vote at any election after the first until he has been
116 LAW FOR THE CLERGY.
an attendant on public worship in such church congre-
gation or society at least six months before such elec-
tion, and contributed to the support of such church
congregation or society, according to the usages and
customs thereof.
Sec. l6. Clerk to keep register of stated hearers. — The
clerk of the trustees shall keep a register of the names
of all such persons as desire to become stated hearers
in said church congregation or society, and shall
therein note the time when such request was made,
and the said clerk shall attend all subsequent elections
in order to test the qualifications of such voters in case
they shall be questioned.
Sec. 17. Salary of ministers. — Nothing in this title
(chapter) contained shall be construed to give such
trustees the power to fix or ascertain the salary or
compensation to be paid to any minister, but the same
shall be ascertained and fixed by a majority of such
society entitled to vote at the election of trustees.
Sec. 18. (As amended by acts of March 9, 1876, and
February 27, 1872.) Trustees may sell or incumber real
estate — The word society defined. — It shall be lawful for
any religious corporation organized under the provi-
sions of this title, by and through their trustees, to sell
and convey, incumber or otherwise dispose of any
real estate belonging to such corporation : Provided^
however., that no such conveyance or incumbrance
shall be made by the trustees, except when first author-
ized to make the same by a resolution of such society,
passed at a meeting thereof called for that purpose,
notice of the time, place and object of which meeting
STATUTES OF RELIGIOUS CORPORATIONS. 117
shall be given for at least four successive Sabbaths on
which such society statedly meet for public worship
immediately preceding the time specified for such
meeting ; and proof of the facts of such notice, meet-
ings and resolutions may be made by the affidavits of
one such trustee or by any member of such society
cognizant of the facts. Such affidavits may be re-
corded at length in the office of the register of deeds
of the county where the premises are situated, and the
same and the records thereof aforesaid, or certified
copies of such records, shall be presumptive evidence
of the facts contained therein: and provided further^
that by the word " society," as used in this section,
shall be understood the religious body, constituted in
accordance with its own principles of ecclesiastical
polity, which form the basis of the corporation desig-
nated in this title "the church society or congrega-
tion^" and as contradistinguished from such corpo-
ration ; and no person shall vote at any meeting called
as aforesaid to authorize said trustees to sell and con-
vey, incumber or otherwise dispose of any real estate
belonging to such corporation, who is not a member of
such religious body.
Sec. 19. Existing societies confirmed- — Corporations
heretofore dissolved may orga?iize anew within six years
after dissolution, — Every church congregation or re-
ligious society heretofore incorporated in pursuance of
law, and not since dissolved, is hereby established and
confirmed ; and in case of the dissolution of any such
corporation, or of any corporation hereafter to be
formed, in pursuance of the provisions of this title, for
118 LAW FOR THE CLERGY.
any cause whatever, the same may be incorporated
under the provisions of this title at any time within six
years after such discussion ; and thereupon all the
estate, real and personal, formerly belonging to the
same, and not lawfully disposed of, shall vest in such
corporation as if there had been no such dissolution.
Sec. 20. Descent of land held by trustees. — All lands,
tenements, and hereditaments lawfully conveyed by
devise, grant, purchase or otherwise to any persons as
trustees in trust for the use of any religious society
organized, or which may hereafter be organized within
this state, either for a meeting house, burying-ground,
or for the residence of a preacher, shall descend with
the improvements in perpetual succession to, and shall
be held by, such trustees in trust for such society.
Sec. 21. Minister to give certificate of appoint7?ient of
trustees^ when. — Whenever by the constitution, rules or
usages of any particular church or religious denomi-
nation, trustees are required to be appointed by any
ministers, presiding elders, or other officer or officers
of such church or denomination, such ministers, pre-
siding elders, or other officer or officers, shall give to
such trustees a certificate of their appointment under
the hand and seal of the person making the same, speci-
fying the name by which such trustees and their suc-
cessors shall forever thereafter be called and known,
which certificate shall be acknowledged and proved
and recorded as hereinbefore directed ; whereupon
such trustees and their successors appointed in the
same manner shall be a body corporate by the name
expressed in such certificate, with all the rights, powers
STATUTES OF RELIGIOUS CORPORATIONS. 119
and privileges of other religious corporations consti-
tuted according to the provisions of this title.
CERTIFICATE.
To all to whom these presents shall come : This is to cer-
tify that F M, O P, etc., are hereby appointed trustees
of {church or society) for the term of years,
and that the name by which said trustees and their
successors shall forever thereafter be called and known
shall be {here give najiie in f nil).
Witness our {or my) hand(i') and seal(^) this day
of , i8— . W P, [seal]
Minister {or Pastor).
R S, [seal]
Elder.
Note. — See form of acknowledgment, /05/, page 125.
Sec. 22. When ministers^ elders and deacons are trus-
tees they may execute certificate. — Whenever by the con-
stitution, rules and usages of any particular church or
religious denomination the minister or ministers, elders
and deacons or other officers elected by any church or
congregation, according to such constitution, rules or
usages, are thereby constituted the trustees of such
church or congregation, such minister or ministers,
elders and deacons, or other officers, may assemble to-
gether and execute, under their hands and seals, a
certificate, stating therein the name by which they and
their successors in office shall forever thereafter be
called and known, which certificate shall be acknowl-
edged or proved and recorded as hereinbefore directed;
whereupon such persons and their successors in office
120 LAW FOR THE CLERGY.
shall be a body corporate by the name expressed in
such certificate, with all the rights, powers and privi-
leges of other religious corporations constituted accord-
ing to the provisions of this title.
CERTIFICATE.
To all whojfi it ?nay concerfi : This is to certify that
the undersigned , minister or , atid {elders
or deacons^ as the case may be), constituted trustees of the
(name of church or society), assembled together at the
church {or house of S T), in the city of , on
the day of i8 — , and then and there deter-
mined, by a plurality of votes, that the name by which
such trustees and their successors in office should for-
ever thereafter be called and known, should be {here
give name in full).
Witness our hands and seals this day of ,
i8— . A B. [seal]
C D. [seal]
E F. [seal]
Note. — See form of acknowledgment, fost^ page 125.
Sec. 23. Members of the Protestant Episcopal church
may elect church-wardens — Vacancies, how filled. — It shall
be lawful for the male persons, of full age, of any church
or congregation in communion with the Protestant
Episcopal church in this state, who have belonged to
such church or congregation for the last three months
preceding such election, and who have been baptized
in the Episcopal church or received therein either by
the rite of confirmation or by receiving the holy com-
munion or by purchasing or hiring a pew in said church,
STATUTES OF RELIGIOUS CORPORATIONS. 121
or by some joint act of the parties and of the rec-
tor, whereby they have attached themselves to the Prot-
estant Episcopal church, a,nd not already incorporated, at
anytime to meet for the purpose of incorporating them-
selves under this title, and by a majority of voices to
elect two church-wardens and not less than four nor
more than eight vestrymen, and to determine on what
day of the week called Easter week the said offices of
church-wardens and vestrymen shall annually there-
after cease, and their successors in office be chosen; of
which first election notice shall be given in the time of
morning service on two Sundays previous thereto, by
the rector, or if there is none, by any other person be-
longing to such church or congregation; and that said
rector, or if there is none, or he is necessarily absent,
then one of the church-wardens or vestrymen, or any
other person called to the chair, shall preside at such
election, and, together with two other persons, shall
make certificate under their hands and seals of the
church-wardens and vestrymen so elected, of the day
of Easter week so fixed on for the annual election of
their successors, and of the name or title by which
such church or congregation shall be known in law ;
which certificate being duly acknowledged, or proved
by one or more of the subscribing witnesses before
some officer authorized to take acknowledgments of
deeds, of the county where such church or place of
worship of such congregation is situated, shall be re-
corded by the clerk of such county in a book to be
by him provided for that purpose ; and that the church-
wardens and vestrymen so elected, and their successors
6
122 LAW FOR THE CLERGY.
in office, and the rector if any, of themselves shall form
a vestry and be the trustees of such church or congre-
gation; and such trustees and their successors shall
thereupon, by virtue of this title, be a body corporate by
the name and title expressed in such certificate, with all
the rights, powers and privileges of other religious cor-
porations constituted according to the provisions of
this title ; and the persons qualified as aforesaid shall, in
every year thereafter, on the day in Easter week so fixed
on for that purpose, elect such other church-wardens
and vestrymen ; and whenever any vacancy happens
before the stated annual election, by death or other-
wise, the said trustees shall appoint a time for holding
an election to supply such vacancy, of which notice
shall be given in time of divine service, at least ten
days previous thereto; and such election and also the
stated annual elections shall be holden immediately
after morning service ; and at all such elections the rec-
tor, or if there is none, or he is absent, one of the church-
wardens or vestrymen, shall preside and receive the
votes of the electors, and be the returning officer, and
shall enter the proceedings in the book of the minutes
of the vestry and sign his name thereto, and offer the
same to as many electors present as he shall think fit,
to be by them also signed and certified ; and the church-
wardens and vestrymen to be chosen at any of the said
elections shall hold their offices until the expiration of
the year for which they are chosen and until others
are chosen in their stead, and have the power to call
and induct a rector to such church or congregation as
often as there is a vacancy therein •. Provided^ however^
STATUTES OF RELIGIOUS CORPORATIONS. 123
that no meeting or board of such trustees shall be
held unless at least three days' notice thereof is given
in writing under the hand of the rector or of one of the
church-wardens, and that no such board shall be com-
petent to transact any business unless the rector, if
there is one, and at least one of the church-wardens and
a majority of the vestrymen are present; and such
rector, if there is one, and if not, then the church-
warden present, or if both the church-wardens are
present, then the church-warden who is called to the
chair by a majority of voices, shall preside at every
such meeting or board and have the casting vote.
CERTIFICATE OF ELECTION AND INCORPORATION.
To all to whom these presents 7nay come : We,
whose names are hereunto subscribed, do hereby cer-
tify that on the day of , i8 — , the male per-
sons of full age, and who for more than three months
last past belonged to {St. Paul's Church) of , in
the State of Minnesota, in communion with the Prot-
estant Episcopal church, having not already been in-
corporated, met at their church {or at the residence of
H G) in the of , in said state, for the purpose
of incorporating themselves and electing wardens and
vestrymen, in pursuance of notice given by the rector
or other person at the time of morning service on two
Sundays previous to said meeting, at which meeting
Rev. N O, the rector {or if no rector^ S Z", wardeii)^
presided, and the undersigned, W X and Y Z, were
chosen to act with the said rector or Vv^arden in making
a certificate of the wardens and vestrymen so elected.
124 LAW FOR THE CLERGY.
That at said meeting S T and U V were elected ward-
ens, and W X, etc. i^not more than eight), were elected
vestrymen of the said church by a majority of voices.
That it was determined by a like vote that their term
should cease and their successors in office be annually
chosen thereafter on Monday in Easter week ; and by
a majority vote it was determined by said meeting that
the name or title by which such church should be
known in law was {St. PauVs Church) of .
In testimony whereof the said N O, the rector [or
other person who presided), and W X and Y Z, chosen
to make this certificate, have hereunto subscribed our
names and affixed our seals this day of , in
the year of our Lord one thousand eight hundred
and . N O. [seal]
W X. [seal]
Y Z. [seal]
Signed and sealed in presence of
Note. — For form of acknowledgment seQ post, page 125.
Sec. 24. Existing societies organized but not incorpo-
rated niay l?eco??ie incorporated under the provisions of
this title. — Whenever any church or religious society
now organized, or which may hereafter be organized,
as a church or congregation, but not incorporated in
pursuance of law, shall comply with the provisions of
this title and thereby become a body corporate, all the
estate, real and personal, which has been lawfully con-
veyed to said church or religious society, or to the
trustees or vestry thereof, in trust for the use of such
STATUTES OF RELIGIOUS CORPORATIONS. 125
church or society, whether by devise, gift, grant, pur-
chase or otherwise, and not lawfully disposed of, shall
thereupon vest in said corporation as fully and amply
as if the said church had been legally incorporated
from the date of its religious organization : Provided^
that the name or title publicly assumed or borne by
such church or society from the date of its organization
as such, and none other, shall be the title by which it
shall forever be know^n in law and as a body politic and
corporate.
form of acknowledgment for general use.
State of Minnesota,
ss
County of
Be it remembered that on this day of ,
1 8 — , personally came before me A B and C D, to me
known to be elders {deacons, etc., as the case may be) of
Church {or society), and whose names are sub-
scribed to the foregoing certificate, and then and there
acknowledged that they had executed the said certifi-
cate freely and voluntarily for the purposes therein ex-
pressed and in pursuance of the statute in such case
made and provided.
Justice of the Peace.
CHAPTER XVII.
OHIO STATUTES OF MARRIAGE.
Explanatory. — S. & C, Swan & Crichfield; S. & S., Swan
& Savior; v, volume, as 73 v, 224 p.
Section I. Male persons of the age of eighteen
years, and female persons of the age of sixteen years,
not nearer of kin than second cousins, and not having
67 V, 6] a husband or wife living, may be joined in
marriage : Provided ahuays, that male persons under
the age of twenty-one years, and female persons under
the age of eighteen years, shall first obtain the consent
of their fathers respectively, or in case of the death or
incapacity of their fathers, then of their mothers or
guardians.
Sec. 2. Any ordained minister of any religious
society or congregation within this state, who has or
may hereafter obtain a license for that purpose, as here-
S. & C.855] inafter provided, or any justice of the peace
in his county, or the several religious societies, may,
agreeably to the rules and regulations of their respect-
ive churches, join together as husband and wife all
persons not prohibited by this act.
Sec. 3. Any minister of the gospel, upon producing
126
OHIO STATUTES OF MARRIAGE. 127
to the probate judge of any county within this state in
which he officiates, credentials of his being a regular
ordained minister of any religious society or congrega-
tion, shall be entitled to receive from said judge a
license authorizing him to solemnize marriages within
this state so long as he shall continue a regular minis-
ter in such society or congregation.
Sec. 4. It shall be the duty of every minister who is
now or hereafter shall be licensed to solemnize mar-
riages as aforesaid, to produce to the probate judge in
every county in which he shall solemnize any marriage
his license so obtained, and the said judge shall there-
upon enter the name of such minister upon record as a
minister of the gospel duly authorized to solemnize
marriages within this state, and shall note the county
from which such license issued, for which service no
charge shall be [made] by such judge.
Sec. 5. When the name of any such minister is so
entered upon the record by the judge aforesaid, such
record, or the certificate thereof by the said judge
under the seal of his office, shall be good evidence that
the said minister was duly authorized to solemnize
marriages.
Sec. 6. Previous to persons being joined in marriage
notice thereof shall be published (in the presence of
the congregation) on two different days of public wor-
ship ; the first publication to be at least ten days pre-
vious to such marriage, within the county where the
female resides, or a license shall be obtained for that
purpose from the probate judge in the county where
such female may reside.
128 LAW FOR THE CLERGY.
Sec. 7' The probate judge, as aforesaid, may inquire
of the party applying for marriage license, as aforesaid,
upon oath or affirmation, relative to the legality of such
contemplated marriage, and if the judge shall be satis-
fied there is no legal impediment thereto, then he shall
grant such marriage license ; and if any of the persons
intending to marry shall be under age, and shall not
have had a former wife or husband, the consent of the
parent or guardian shall be personally given before the
judge, or certified under the hand of such parent or
guardian, attested by two witnesses, one of which shall
appear before said judge and make oath or affirmation
*• that he saw the parent or guardian whose name is an-
nexed to such certificate subscribe, or heard him or her
acknowledge the same ; and the judge is hereby author-
ized to administer such oath or affirmation, and there-
upon issue and sign such license and affix thereto the
seal of the court.
Sec. 8. A certificate of every marriage hereafter
solemnized, signed by the justice or minister solemniz-
S. & s. 447] ing the same, where the marriage license was
issued, shall be transmitted to the probate judge of the
county where the marriage license was issued within
three months thereafter, and recorded by such probate
judge. Every justice or minister (as the case may be)
failing to transmit such certificate to the probate judge
in due time shall forfeit and pay fifty dollars; and if
the probate judge shall neglect to make such record he
shall forfeit and pay fifty dollars to and for the use of
the county.
OHIO STATUTES OF MARRIAGE. 129
Note. — Suck certificate may be as follows :
County of , )_ ^^
City {or To-vn) of , j"
I hereby certify that on the day of , i8 — , at the
dwelHng house of T D {or at the Church)^ in the town {or
city) of , in the State of Ohio, I joined in the bonds of hofy
•matrimony Mr. C D, of , county of , in said state, and
Miss E F, of {ctc^^ they having produced to me a Hcense issued
by the probate judge of the county of , being the county
in which such female resided {or being satisfied that notice of
such intended marriage had bee?i ^published according to lazv; and
if either the man is under the age oj t-i'enty-one years^ or the
ivomaft under the age of eight ee7i years^ and shall not have had a
former v:ife or husband^ and no license is produced, theti say) that
the consent of the father {or mother^ or guardiaji^ as the case
may be) of Mr. C D {or Miss E F) was given in my presence
{or 'vas obtained in vjriting\ as appears by a certificate under
the hand of L M, the father {or guardian) of said C D {or E F),
attested by L D, who was present for that purpose.
Dated at this day of , i8 — .
SF,
Rector {or Pastor).
Sec. 9. If any justice or minister by this act author-
ized to join persons in marriage, shall solemnize the
S. & C. 855] same contrary to the true intent and mean-
ing of this act, the person so offending shall upon
conviction thereof forfeit and pay any sum not exceed-
ing one thousand dollars, to and for the use of the
county wherein such offense was committed. And if
any person not legally authorized shall attempt to
solemnize the marriage contract such person shall upon
conviction thereof forfeit and pay five hundred dollars
to and for the use of the county wherein such offense
was committed.
Note. — Under this provision of the statute a minister or
justice solemnizing a marriage of persons not having a license
or not having bans properly published, and not having had a
former husband or wife, the man being under twenty-one years
130 LAW FOR THE CLERGY.
of age, or the woman under eighteen, and shall not procure the
consent of parents or guardians; or if a minister who has not
filed his credentials of ordination with the probate judge, and
not having received a license, would incur this penalty. But
when a license is produced from the probate judge in proper
form, this is all that the minister need look to, the question of
bans or of the age of the parties cannot be inquired into, the
responsibility is then with the probate judge.
Sec. 10. Every minister or justice of the peace, be-
fore he shall solemnize any marriage between the
parties, either of whom is required by the first section
of this act to obtain the consent of his or her parent
or guardian (except in cases where license shall have
been obtained from the probate judge), must be satis-
fied that the intention of marriage between such parties
has been duly published, and also that the consent of
such parent or guardian has been obtained, either by
acknowledgment in presence of such minister or justice
of the peace, or by a certificate under the signature of
such parent or guardian and attested by one or more
credible witnesses who shall be present for the purpose
of satisfying such minister or justice of the peace that
such certificate was actually signed by the parent or
guardian for the purpose aforesaid.
Note. — The consent, if in writing, may be in the following
form:
I, J S, o? {Clevela7id), in the State of Ohio, the father {or
mother) of G S, who is under the age of twenty -one years {or
C D, -who is under the age of eighteen years)^ do hereby con-
sent that the said G S may be joined in marriage with Miss
C D {or that the said C Z>, ivho is tinder the age of eighteen years,
may he joined in marriage ivith Mr. G S, according to the facts).
Dated at , etc. J S.
Attest: L M, \ "vVitnesses present.
OHIO STATUTES OF MARRIAGE. 131
Sec. II. Any fine or forfeiture arising to the county
in consequence of the breach of this act shall be
recovered by an action of debt, with costs of suit, in
any court of such county having cognizance of the same.
Note. — The marriage ceremony may be regarded either as
a civil ceremony or as a religious sacrament. The law pre-
scribes no particular form of marriage ceremony. (For form
see ante^ pages 26 and 27.)
Sec. 12. It shall be unlawful for any person of pure
white blood to intermarry with or have illicit carnal
S. & s. 267] intercourse with any negro, or person having
a distinct and visible admixture of African blood, or
for any negro or person having a distinct and visible
admixture of African blood to intermarry with or have
illicit carnal intercourse with any person of pure white
blood ; and any person offending against either of the
provisions of this section shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be fined
in any sum not exceeding one hundred dollars, or be
imprisoned in the jail of the county for any period not
exceeding three months, or both, at the discretion of
the court.
Sec. 13. Any person who shall knowingly solemnize
a marriage forbidden by previous sections of this act,
or any probate judge who shall knowingly issue a
license for the solemnization of any marriage forbidden
by this act, shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be fined in any sum
not exceeding one hundred dollars, or imprisonment in
the county jail for a period not exceeding three months,
or both, at the discretion of the court.
Note. — See note, page 76, ante.
CHAPTER XVIII.
OHIO STATUTES OF RELIGIOUS ASSEMBLIES.
Section I. If any person or persons shall at any
time interrupt or molest any religious society, or per-
73 V, 224] sons when meeting or met together for the
purpose of worship, or performing any duties enjoined
on or appertaining to them as members of such society,
or shall so interrupt or molest any such society, mem-
ber or person at any time during the period that he,
she or they may remain at or about the place where
such meeting is to be, is or has been held, the person
or persons so offending shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be
fined in any sum not exceeding fifty dollars, or impris-
oned in the proper county jail for any period not ex-
ceeding ten days, or both, at the discretion of the court:
Provided^ that this section shall not be so construed as
to deprive any religious society of the right of laying
hands upon the person or persons who may be disturb-
ing the congregation, and turning him, her or them out
of the church or place of worship.
Sec. 2. No person shall sell or expose for sale, give,
barter or otherwise dispose of, in any way, or at any
S.&S.2881 place, any spirituous or other liquors, or any
articles of traffic whatsoever, at or within the distance
132
OHIO STATUTES OF RELIGIOUS ASSEMBLIES. 133
of four miles from the place where any religious society
or assemblage of people are collected or collecting to-
gether for religious worship in any field or woodland :
Provided^ that nothing in this act shall affect tavern
keepers exercising their calling ; nor distillers, manu-
facturers or others in prosecuting their regular trades
at their places of business, or any person disposing of
any ordinary articles of provisions, excepting spirituous
liquors, at their residences; nor any person having a
written permit from the trustees or managers of any
such religious society or assemblage to sell provisions
for the supply of persons attending such religious wor-
ship, their horses or cattle, such persons acting in con-
formity to the regulations of said religious assembly
and to the laws of the state.
Sec. 3. Any person found guilty of committing a
breach of the provisions of this act shall forfeit and
S. &C.453] pay for every such offense a fine of not less
than ten nor more than one hundred dollars into the
township treasury for the ^ise of the common schools
in said township where said offense was committed;
and any judge of the common pleas, sheriff, coroner or
justice of the peace of the county, or any constable
thereof, shall, upon view or information, and with or
without warrant, apprehend any person so offending,
and seize all such liquors or other articles of traffic,
and the utensils or furniture containing them, and con-
vey them before a justice of the peace; and the said
justice, upon the complaint under oath or affirmation
of said officer apprehending such offender, or any per-
son giving information, shall issue his warrant of arrest,
134 LAW FOR THE CLERGY.
which shall be formally served by the proper officer.
and proceed to inquire into the truth of said accusa-
tion, and, if found true, shall proceed to bind said of-
fender in such amount not exceeding five hundred dol-
lars as he shall deem proper to answer at the next
regular term of the common pleas in said county, to be
proceeded with by indictment, the fine and costs to be
collected as in other criminal cases : Provided^ that if
such defendant or defendants shall plead guilty, said
justice shall affix the penalty and proceed to judgment ;
and in such case he shall immediately issue an execu-
tion against the property and body of the defendant or
defendants for the fine and costs unless paid or secured;
and said defendant or defendants shall not be dis-
charged until said judgment and costs shall be fully
paid or secured to be paid.
Sec. 4. If any person of the age of fourteen years or
upward shall be found on the first day of the week,
S.&S.289] commonly called Sunday, sporting, rioting,
quarreling, hunting, fishing, or shooting, he or she
shall be fined in a sum not exceeding twenty dollars,
or be confined in the county jail for a term not exceed-
ing twenty days, or both, at the discretion of the court.
And if any person of the age of fourteen years or up-
ward shall be found on the first day of the week, com-
monly called Sunday, at common labor (works of
necessity and charity only excepted), he or she shall
be fined in a sum not exceeding five dollars nor less
than one dollar: Provided^ nothing herein contained in
relation to common labor on said first day of the week,
commonly called Sunday, shall be construed to extend
OHIO STATUTES OF RELIGIOUS ASSEMBLIES. 135
to those who conscientiously do observe the seventh day
of the week as the Sabbath, nor to prevent families emi-
grating from traveling, watermen from landing their
passengers, superintendents or keepers of toll bridges
or toll gates from attending and superintending the
same, or ferrymen from conveying travelers over the
water, or persons moving their families on such days,
EXTRACT FROM CONSTITUTION OF OHIO.
Sec. 5« -"^11 J^'^en have a natural and indefeasible
right to worship Almighty God according to the dic-
tates of their own conscience. No person shall be
compelled to attend, erect or support any place of wor-
ship or maintain any form of worship against his con-
sent, and no preference shall be given by law to any
religious society, nor shall any interference with the
rights of conscience be permitted. No religious test
shall be required as a qualification for office, nor shall
any person be incompetent to be a witness on account
of his religious belief; but nothing herein shall be con-
strued to dispense with oaths and affirmations. Re-
ligion, morality and knowledge, however, being essen-
tial to good government, it shall be the duty of the
general assembly to pass suitable laws to protect
every religious denomination in the peaceable enjoy-
ment of its own mode of public worship, and to en-
courage schools and the means of instruction.
DUTIES OF CLERGYMEN.
Sec. 6. It shall be the duty of clergymen who have
officiated at the funeral and who have buried deceased
68 V, 49] persons to keep a registry of the name, age
136 LAW FOR THE CLERGY.
and residence of such deceased persons, at the time of
their death, and to report fully the deaths registered
by them as required by this act to the judge of the
probate court of the county every three months as
above designated; and any person who shall neglect
or refuse to comply with or [shall] violate the provi-
sions of this act, shall forfeit and pay for each offense
the sum of ten dollars, to be sued for and recovered in
the name of the State of Ohio, and the penalty when
recovered shall be paid over, one half to the school
fund and one half to the party making complaint thereof.
Sec. 7* All clergymen within any municipal corpo-
ration, and all other persons authorized to solemnize
71 V, 159] marriages, shall keep a registry of all mar-
riages solemnized by them, and shall report to the
board of health all such marriages occurring within
the limits of such city as registered by them, and such
report shall be made as often as the board of health
may require ; and any person or persons who shall
neglect or refuse to comply with or shall violate any of
the foregoing provisions shall forfeit and pay for each
offense in any sum not exceeding fifty dollars, to be
sued for and recovered in the police court of such city
in the name of the State of Ohio, and said court is
hereby vested with jurisdiction in such cases.
Sec. 8. All clergymen and priests shall be incom-
petent to testify concerning any confession made to
67 V. 113] them in their professional character in the
course of discipline enjoined by the church to which
they belong, without the consent of the person making
the confession. And all clergymen and priests shall
be exempt from serving on juries.
CHAPTER XIX.
OHIO STATUTES OF RELIGIOUS SOCIETIES.
Section I. It shall be lawful for any religious sect,
denomination or association, fire company, or any liter-
S. & S. 239] ary, scientific or benevolent association, other
than colleges, universities, academies or seminaries
within this state, or having a central or principal place
of meeting or business therein, to elect at a meeting of
a majority of any organized synod, presbytery, confer-
ence, convention, church, parish, or other religious or
ministerial association, fire company, literary, scientific
or benevolent association, as aforesaid, any number of
their members, not less than three, to serve as trustees
or directors, who shall hold their office during the
pleasure of the society or association: Provided^ that
when any such synod, presbytery, conference, conven-
tion, church, parish or other religious association afore-
said has heretofore elected any number of persons, not
less than three, to serve as directors or trustees, hold-
ing their office during the pleasure of such society or
association, such persons shall be invested with the
powers, privileges and immunities granted by the pro-
visions of this act, upon there being recorded by the
recorder of the proper county a proper cetificate of the
6* 137
138 LAW FOR THE CLERGY.
election of such persons, and the corporate name given
to tlie same by such synod, presbytery, conference,
church, parish or other religious association, to be
made by its clerk, secretary, or other like officer, to-
gether with a certificate of the said directors or trus-
tees, or a majority of them, of their acceptance of the
provisions of this act ; 07- provided^ that where by the
laws or regulations of any such synod, presbytery, con-
ference, convention, church, parish or other association
aforesaid, now or hereafter organized, any members
thereof, less than three, have charge of the property or
concerns thereof, such less number of members and
their successors shall be invested with the powers,
privileges and immunities granted to three trustees or
directors by the provisions of this act, upon there being
recorded by the recorder of the proper county a proper
certificate of the election of such members, and the
corporate name adopted by such synod, presbytery,
conference, convention, church, parish or other associ-
ation, to be made by their clerk, secretary or other like
officer.
form of certificate.
State of Ohio,
ss
County of
I hereby certify that at a meeting of a majority of
the members of the synod {presbytery, co?iference, etc., as
the case maybe), held at their house of worship {or at the
dwelling house of ), in the town of , county
of , and State of Ohio, on the day of ,
18 — , pursuant to notice, for the election of trustees {or
directors), Messrs. T D, L E and O P {^fiot less than three)
OHIO STATUTES OF RELIGIOUS SOCIETIES. 139
were duly elected such trustees (^r directors)^ and it
was determined at such meeting, by a majority vote,
that the corporate name by which said church {or so-
ciety) should thereafter be known and called be {here
give the name) Church {or Society)^ of .
Given under my hand at , this day of ,
18-. ,
Clerk {or Secretary).
ACCEPTANCE.
We, and each of us, whose names are hereunder
written, do accept of the office of trustees {or directors)
to which we have been elected, as appears by the above
certificate, and take upon ourselves the responsibiHties
of the same.
Dated , i8— . T D,
L E,
O P.
Sec. 2. The clerk, secretary, or like officer, shall
make a true record of the proceedings of the meeting
provided for by the preceding section of this act, cer-
tify and deliver the same to the recorder of the county
in which such meeting shall be held, or in which the
principal property of such church, fire company, synod,
presbytery, conference, convention, parish or other
religious or benevolent association shall be situated, or
in which their principal enterprise or business is carried
on, together with the name by which such church, fire
company, synod, presbytery, conference, convention,
parish or other religious or benevolent association shall
thereafter desire to be known ; and it shall be the duty
140 LAW FOR THE CLERGY.
of such county recorder, immediately upon the receipt
of such certified statement, to record the same in a
book of record to be kept by him, provided for that
purpose at the expense of his county, for which ser-
vice he may demand and receive the sum of ten cents
per hundred words; and from and after making such
record by the county recorder, the said trustees or
directors and their associated members and successors
shall be invested with the power, privileges and im-
munities incident to aggregate corporations; and a
certified transcript of the record herein authorized to
be made by the county recorder shall be deemed and
taken in all courts and places whatsoever in this state
as evidence of the existence of such association and
corporation.
Sec. 3. If said board of trustees or directors, as
provided for by the first section of this act, shall be
vacated, either in whole or in part, by death, resigna-
tion or otherwise, such board of trustees or directors
may be revived, or such vacancy or vacancies filled in
the manner pointed out in the first section of this act
for the original organization of said board, or in the
manner pointed out by the laws and regulations of such
religious or benevolent associations, and a majority of
said trustees or directors shall be a quorum for the
transaction of business.
Sec. 4. The trustees or directors who may be ap-
pointed under the provisions of this act, and their
successors in office, shall have perpetual succession by
s. &C. 308] such name as may be designated, and by
such name shall be legally capable of contracting and
OHIO STATUTES OF RELIGIOUS SOCIETIES. 141
of prosecuting and defending suits, and shall have
capacity to acquire, hold, enjoy, dispose of and convey
all property, real or personal, which they may acquire
by purchase, donation or otherwise for the purpose of
carrying out the intentions of such society or associ-
ation, but they shall not acquire or hold property for
any other purpose.
Sec. 5* Such society or association when incorpo-
rated may elect such officers, and make such rules and
regulations as may be necessary and expedient for its
own government and the management of its fiscal and
other affairs to affect their respective objects.
Sec. 6. When any real estate shall have or may
hereafter be bequeathed, purchased, donated or other-
S. &C. 371] wise intrusted to any religious society in this
state, or to any of the trustees or officers of any such
society, for the use and benefit of any such society, or
for any other purpose, and such society shall be de-
sirous to sell, exchange or incumber by mortgage or
otherwise any such real estate, it shall be lawful for the
court of common pleas of the proper county, upon good
cause shown upon petition of any such society, or some
person authorized by them, to make an order author-
izing the sale or incumbrance of any such real estate,
and said court may include in such order directions
how the proceeds of such sale or incumbrance shall be
appropriated or invested : Provided^ such order shall
in no case be inconsistent with the original terms upon
which such real estate became invested in or intrusted
to such religious society.
Sec. 7» Where any religious society shall petition
142 LAW FOR THE CLERGY.
as is provided for in the preceding section, all persons
who may have a vested contingent or a reversionary in-
terest in the real estate sought to be sold or incumbered
shall be made parties to said petition, and such parties
shall be notified of such petition in the same manner as
is or may be provided for in cases of petition for parti-
tion of real estate : Provided^ that the provisions of
this act shall not extend to any grounds used or occu-
pied as burial-places for the dead.
Sec. 8. Whenever any religious society shall desire
to sell any real estate that may have been conveyed to
S. &s. 183] such society and is held in trust for a speci-
fied religious purpose, it shall be lawful for the trustees,
wardens and vestry, or other officers intrusted with the
management of the affairs of such society, to file in the
court of common pleas of the county where such real
estate may be situated a petition stating that such so-
ciety desires to make such sale, setting forth the object
of such sale ; and if upon the hearing of such case it
shall appear that such sale is desired by the members
of such society, and that there is a necessity for the
same, the court may authorize the trustees or other
officers holding the title in trust to sell said real estate
in such manner and upon such terms as the court shall
deem reasonable.
Sec. 9. The trustees or other officers authorized to
make such sale shall make return thereof to the court
ordering the same at such time as the court shall order;
and thereupon, if the court shall be satisfied that the
same has been made in all respects according to its
order, and that the proceeds have been invested in
OHIO STATUTES OF RELIGIOUS SOCIETIES. 143
Other real estate for the use of such society, or other-
wise invested or disposed of according to the wish of
such society, the said sale shall be confirmed and a
deed authorized to be made to the purchaser : Pro-
vided^ that the provisions of this act shall not extend
to any grounds used or occupied as burial-places for
the dead.
Sec. 10. The petitioners shall cause notice of the
pendency and prayer of the petition to be published
S. &C. 372] for four consecutive weeks in some news-
paper of general circulation in the county where the
real estate proposed to be sold is situate before the
term of the court at which the order of sale will be
asked.
Sec, II. It shall be lawful for any religious society
incorporated under any of the general laws or any
S. & S. 162] special law of this state, and which act of
incorporation prescribes that the public religious ser-
vices of such society shall be conducted in any other
than the English language, at any time by a vote of the
majority of the adult members in good and regular
standing of such society, who speak such prescribed
language, to decide whether the public religious ser-
vices of said society may at any time be conducted in
any other than the prescribed language.
UNION OF TWO OR MORE RELIGIOUS SOCIETIES.
Sec. 12. Whenever two or more religious societies,
churches or associations, recognizing the same eccle-
67v, 30] siastical jurisdiction, form of faith, govern-
ment, order and discipline, and incorporated by or
144 LAW FOR THE CLERGY.
under any law of the state, shall desire to become con-
solidated or united as a single corporation, it shall be
lawful for the elders, trustees, deacons, directors, or
other known and legal representatives of such two
or more societies, churches or associations, to enter
into an agreement for such union or consolidation, to
prescribe the terms and conditions thereof, the corpo-
rate name of such united society, church or associa-
tion, the time and place for the first meeting of the
new corporation, the number of each separate branch
or organization who shall be chosen as directors, trus-
tees, elders or other officers for the new corporation, to
succeed to the rights, trusts, duties and obligations of
those officers who in the separate organizations held in
trust the estate, real and personal, of such separate
churches, societies or associations, with such other
estates as they shall deem necessary to complete such
new corporation : Provided^ that all agreements so made
as aforesaid shall not be conclusive and valid until said
agreement, with its terms, shall have been submitted to
a meeting, of which due and full notice shall be given
according to the form and usage for calling church,
congregation or society meetings of the members of
each separate organization, and shall have been ratified
by a two-thirds vote of all present at said meeting, in
person or by proxy, and entitled to vote according to
the laws, regulations or usages of such church, society
or corporation.
Sec. 13. That whenever said agreement shall have
been ratified as aforesaid by each church, society or
association, a party to said proposed united organiza-
OHIO STATUTES OF RELIGIOUS SOCIETIES. 145
tion, the clerk or secretary of said several and respect-
ive meetings shall certify the record of the proceedings
of said meeting, and deliver the same to the clerk or
secretary of the first meeting of the united churches,
societies or organizations, as hereinbefore provided and
as specified in said terms of agreement.
Sec. 14. At the aforesaid first meeting, as provided
for in the terms of agreement, the proceedings and acts^
of the several churches, societies, and parties thereto,
shall have been submitted and approved by said meet-
ing, and a board of trustees, directors or other officers
shall have been chosen in accordance with the afore-
said terms of agreement. The clerk or secretary of said
meeting shall certify such approved agreement or terms
of union to the recorder of the county in which such
united church shall be situated, which shall be recorded
as provided for by law ; and upon the filing of said cer-
tificate the several church societies or associations,
parties thereto, shall be deemed and taken to be one
corporation, possessing within this state all the rights,
privileges and franchises, and subject to all the restric-
tions, disabilities and duties of such new corporation
of the state so united.
Sec. 15. Such new corporation constituted as afore-
said, Vvdth its officers and chosen representatives, shall
succeed to and shall be invested with all and singular
the right, title and interest in and to every species of
property, real, personal or mixed, and all and singular
the rights, privileges and franchises of each of said
churches, societies or associations, parties to the same,
without any other act, conveyance or transfer whatso-
7
146 LAW FOR THE CLERGY.
ever; and such new corporation shall hold and enjoy the
same with all the rights pertaining to such property,
franchises and trusts ; and such new corporation shall
be subject to all the debts, liabilities and obligations in
the same manner and to the same extent as any or
either of said churches or societies, parties to the new
corporation.
TO CONVEY REAL ESTATE.
Sec. l6. Whenever any two or more religious soci-
eties, denominations or ecclesiastical corporations in
73 V, 225] this state shall hereafter unanimously form,
or have heretofore unanimously formed, a union, and
become united or consolidated under and by virtue of
any rules and regulations of any such societies, denom-
inations or corporations, or laws of this state, then it
shall be lawful for the trustees, deacons, directors or
other proper officers of such new society, denomination
or corporation formed as aforesaid, to petition the court
of common pleas of the proper county, at the request
of a majority of the members of any such society, de-
nomination or corporation, setting forth the fact of such
union as aforesaid; and said court may in its discretion
make an order requiring said trustees, deacons, direct-
ors or such other proper officers, at the time of such
union of any such societies, denominations or ecclesias-
tical corporations forming the same, to convey the real
estate owned and held by such religious society, denom-
ination or corporation forming such union, to such new
organization as the court may direct; and in case any
of such trustees, deacons, directors or other officers as
aforesaid shall refuse or neglect to obey such order,
OHIO STATUTES OF RELIGIOUS SOCIETIES. 147
then, in that case, the decree of such court shall act as
such conveyancer : P7-ovided^ such order shall in no case
be inconsistent with the original terms upon which such
real estate became invested in or intrusted to such
societies, denominations or corporations ; and in all
cases the grantors of such real estate to such societies,
denominations or corporations, or their heirs, shall be
made parties to the petition ; and provided further^ that
such grantors or their heirs who make no defense shall
not be subject to costs.
Sec. 17. Notice of the pendency of such petition
shall be by publication in a newspaper printed and
published in the county where such petition is filed for
four consecutive weeks, setting forth the object and
prayer of said petition, and in the event no newspaper
is printed in the county where such petition is filed,
then such publication shall be made in the newspaper
published nearest to said county.
Sec. 18. When any real estate shall have been or
may hereafter be donated or bequeathed to or pur-
chased by, or otherwise intrusted to any person or
66 V, 126] persons, trustee or trustees, for any public
religious use, but not to or for the use of any specific
or particular religious society or denomination, or when
the same has been or may be to a particular religious
society or denomination, and shall have been aban-
doned for such use, it shall be lawful for the court of
common pleas of the county in which the same is
located, upon good cause shown, upon the petition of
any citizen or citizens of the vicinity, to make an order
for the sale of such property, whether the same shall
148 LAW FOR THE CLERGY.
have been built upon or otherwise improved or not,
and may order such disposition of the proceeds of such
sale to such religious or other public use as shall be
just, proper and equitable; and the purchaser or pur-
chasers thereof shall be invested with as full and com-
plete title to said property as the character of the original
grant for such religious use will allow.
Sec. 19. When any petition shall be filed as pro-
vided for in the preceding section, all persons who may
have a vested contingent or reversionary interest in
such real estate, and the trustees or other temporal
officers of any religious society then using said real
estate, shall be made parties to said petition, and be
notified of the filing and pendency thereof in the same
manner as is or may be provided in case of partition
of real estate : Provided^ that the provisions of this act
shall not authorize the sale or transfer of burial-grounds
or cemetery; a?id provided also, that said court shall
have power to make such order as to costs as shall be
deemed just and proper.
Note. — The following laws relating to religious societies,
etc., passed prior to the adoption of the constitution of 1851,
and prior to the foregoing enactments, are found in the statute
of Swan and Crichfield, pages 305 to 30S.
ACT OF MARCH 5, 1836.
Sec. 20. Any religious society hereafter incorpo-
rated by an act of the legislature shall have perpetual
succession by such name as may be designated, and by
such name shall be legally capable of contracting and
of prosecuting and defending suits, and shall have
capacity to acquire, hold, enjoy and dispose of a house
for public worship with the land necessary therefor, not
OHIO STATUTES OF RELIGIOUS SOCIETIES. 149
exceeding in quantity one acre, a burying-ground for
such society, a parsonage not exceeding in value the
sum of five thousand dollars, and any other property
not exceeding in value the sum of five thousand dollars,
and any other property not exceeding the annual value
of one thousand dollars, which shall be applied to the
support of public worship and such institutions of learn-
ing and charity as may be connected with such society,
and to no other purpose.
Sec. 21. Such society when incorporated may elect
such officers and make such rules as may be necessary
and expedient for its own government and the manage-
ment of its affairs.
Sec. 22. Mesne process shall be served on the cor-
poration by leaving an attested copy thereof with any
one of its officers at least^en days before the return
day thereof.
Sec. 23. The legislature may at any time repeal or
alter an act incorporating any religious society, but no
rights granted or acquired by proceedings under the
said acts shall be affected by the repeal, nor shall asso-
ciations constituted and organized under such acts be
dissolved or in any way affected by such repeal.
ACT OF JANUARY 3, 1825.
Sec. 24. All lands and tenements not exceeding
twenty acres, that have been or hereafter may be con-
veyed by devise, purchase or otherwise to any person
or persons as trustee or trustees, in trust for the use
of any religious society within this state, either for a
meeting-house, burying-ground or residence for their
150 LAW FOR THE CLERGY.
preacher, shall descend, with the improvements and
appurtenances, in perpetual succession, in trust to such
trustee or trustees as shall from time to time be elected
or appointed by any such religious society according to
the rules and regulations of such society respectively.
Sec. 25. The trustee or trustees for the time being
of any religious society aforesaid shall have the same
power to defend and prosecute suits at law or in equity,
and do all other acts for the protection, improvement
and preservation of said property, as individuals may do
in relation to their individual property.
ACT OF MARCH 12, 1844.
Sec. 26. From and after the passage of this act it
shall be lawful for any religious society within this
state (at a meeting of a majority of the members of
any organized society thereof, called for that purpose,
of which meeting notice shall have been first given by
posting up written or printed advertisements in three
of the most public places in the township in which said
society may be) to elect any number of their members,
not less than three, to serve as trustees, and one mem-
ber to serve as clerk, who shall hold their offices during
the pleasure of said society.
Sec. 27. The clerk hereinbefore authorized to be
appointed shall forthwith make out a true record of
the proceedings of the meeting provided for by the
previous section of this act, certify and deliver the
same to the recorder of the county in which such
meeting shall be held, together with the name by which
such church shall thereafter desire to be known ; and
OHIO STATUTES OF RELIGIOUS SOCIETIES. 151
it shall be the duty of each county recorder in this
state, immediately upon the receipt of such certified
statement, to record the same in a book of record, to
be by him provided for that purpose at the expense of
his county, for which service he may demand and
receive from the person presenting the same a com-
pensation at the rate of six cents for each hundred
words; and from and after making such record by the
county recorder the said trustees and their associated
members and successors shall be invested with the
powers, privileges and immunities incident to aggregate
corporations; and a certified transcript of the record
herein authorized to be made by the county recorder
shall be deemed and taken in all courts and places
whatsoever within this state as conclusive evidence of
the existence of such associated religious society.
Sec. 28. The trustees who may be appointed under
the provisions of this act shall have perpetual succes-
sion, and shall possess all and singular the powers and
privileges granted to, and shall be subject to all the
restrictions imposed upon the corporators of religious
societies by an act entitled "An act in relation to in-
corporated religious societies," passed March fifth, one
thousand eight hundred and thirty-six; and also the
act entitled "An act securing to religious societies a
perpetuity of title to lands and tenements conveyed
in trust for meeting-houses, burying-grounds or resi-
dences of preachers," passed January third, one thou
sand eight hundred and twenty-five, so far as such acts
are not inconsistent with the provisions of this act.
Sec, 29. If said board of trustees, as provided for
152 LAW FOR THE CLERGY.
by this act, shall be vacated either in whole or in part,
by death, refusal to serve, or otherwise, such board of
trustees may be revived, or such vacancy or vacancies
filled in the same manner as is pointed out in this act
for the original creation or organization of said board,
and a majority of said board of trustees shall be a
quorum for the transaction of business.
Sec. 30. So much of the act entitled "An act in
relation to incorporated religious societies," passed
March fifth, one thousand eight hundred and thirty-
six, as is inconsistent with this act be and the same is
hereby repealed.
ACT OF FEBRUARY 28, 1846.
Sec. 31* Where any religious, literary or other so-
ciety has been or may be incorporated by any act of
the general assembly, and a certain day appointed by
such act for the annual election of the officers of such
society, and any such society have neglected, or shall
neglect, to elect their proper officers on such day, such
neglect shall not work any dissolution of such incorpo-
rations; but the officers of such society last elected
shall exercise the duties of their respective offices until
their successors are elected and qualified.
Sec. 32. Whenever any such society shall neglect
to elect their officers on the day appointed for their
annual election by their act of incorporation, or shall
neglect to organize on the day fixed by said act, it shall
be lawful for any three members of such society to call
a meeting by a written notice put up at three of the
most public places in the vicinity of the place where
OHIO STATUTES OF RELIGIOUS SOCIETIES. 153
such society usually hold their meetings, at least ten
days before the time for the meeting thereby called,
stating the object of such meeting, at which time and
place it shall be lawful for such society to elect officers
in the same manner as they should have done at their
last annual election, or to organize in the manner
pointed out in the charter, as if there had been no fail-
ure to elect on the day specified in the charter ; and
such ofhcers thus elected shall hold their offices until
the next annual election and until their successors are
elected and qualified.
Sec. S3' It shall be lawful for any religious, literary
or other societies, incorporated by any special act of
the general assembly, who have organized under the
same and acquired any property, whenever such society
choose to do so, to organize under any general law of
this state for the purpose of incorporating such socie-
ties without any special act of incorporation, and upon
such organization such society shall have, hold and
enjoy all property which they acquired and held under
their former act of incorporation.
ACT OF MARCH 23, 1850.
Sec. 34* Whenever any property has been or may
be conveyed in trust for the use of any religious so-
ciety, church or association, whether incorporated or
not, the property so conveyed shall be held by the
trustee or trustees so appointed, and their successors,
appointed as provided in the instrument creating such
trust, or in case no provision is made in such instru-
ment, then by such successor or successors as may be
154 LAW FOR THE CLERGY.
appointed by any competent court; but no person shall
be elected or appointed by such society, church or
association to act as trustees to the exclusion of any
trustee or trustees appointed as aforesaid.
Note. — The following acts relate to religious societies, but
are not printed here in full as they seem to apply to special
cases :
An act to authorize Presbyterian churches or societies
which have been incorporated, to elect deacons to serve as
trustees. (S. & C. 307.)
An act to provide for the incorporation of printing and pub-
lishing houses by religious denominations. (6S v, 43.)
An act to regulate the sale of certain real estate held in trust
for a specified religious purpose (S. & S. 163), also property
unappropriated (S. & S. 164 and 165).
An act to provide for the sale of lands within any incorpo-
rated city or village which have been used for cemetery pur-
poses. (S. & S. 164.)
An act relating to the partition of real estate held in com-
mon by two or more religious societies. (S. & C. 371.)
CHAPTER XX.
WISCONSIN STATUTES OF MARRIAGE.
Section I. Marriage, so far as its validity in law is
concerned, is a civil contract, to which the consent of
the parties capable in law of contracting is essential.
Sec. 2. Every male person who shall have attained
the full age of eighteen years, and every female who
shall have attained the full age of fifteen years, shall
be capable in law of contracting marriage if otherwise
competent.
Sec. 3. No marriage shall be contracted whilst
either of the parties has a husband or wife living, nor
between parties who are nearer of kin than first cous-
ins, computing by the rules of civil law, whether of the
half or of the whole blood, and no insane person or
idiot shall be capable of contracting marriage.
Sec. 4. Marriages may be solemnized by any jus-
tice of the peace in the county in which he is elected,
and they may be solemnized throughout the state by
any judge of a court of record, and by any ordained
minister of the gospel in regular communion with any
religious society, and who continues to be a preacher
of the gospel, and by court commissioners.
155
156 LAW FOR THE CLERGY.
Sec. 5' Ministers of the gospel, before they shall be
authorized to perform the marriage rite, shall file a copy
of their credentials of ordination with the clerk of the
circuit court of some county in this state, who shall re-
cord the same and give a certificate thereof; and the
place where such credentials are recorded shall be in-
dorsed upon each certificate of marriage granted by
any minister, and recorded with the same.
Sec. 6. All judges, justices of the peace and minis-
ters of the gospel shall, before solemnizing any mar-
riage, examine at least one of the parties on oath, which
oath they are hereby authorized to administer, as to the
legality of such intended marriage ; and in no case
shall such judge, justice or minister solemnize a mar-
riage unless he is satisfied from such examination that
there is no legal impediment thereto.
Note. — A neglect to examine one of the parties on oath,
according to this section, might subject the officiating minister
to the penalty provided in sections ten and eleven; and simply
swearing one of the parties, and asking him or her whether
they know of any legal impediment to the marriage is not
enough. The statute requires that "he shall examine at least
one of the parties" on oath. When that is done, if the party
makes a false statement, the officiating minister is not respon-
sible, provided he has reason to believe such statement to be
true and is satisfied that it is true; but if it plainlv appears that
there is a legal impediment to such marriage, and he performs
the ceremony, he acts willfullv, and would be liable to the pen-
alty.
No magistrate or minister is obliged to perform the mar-
riage ceremony' in any given case; he can decline if he chooses.
The following is a proper form of oath to be administered to
the party holding up the right hand, or by any other form to
him most binding that he may choose.
You do solemnly swear {or affirm^ if the f arty prefer it) that
you will true answers make to such questions as shall be put
WISCONSIN STATUTES OF MARRIAGE. 157
to you touching the legality of your intended marriage with
Miss E R: So help you God.
Of course any questions may be put after this oath has been
administered that may be pertment or proper, but the follouing
are suggested in order to bring out the facts necessary to en-
able the officiating minister to make the certificate required of
him by section two of chapter one hundred and ten of the Re-
vised Statutes (Sec. 14, /<?5/) ; and it is recommended that blanks
be provided with the interrogatories printed, so that the answers
may be written opposite as they are given, viz. :
What is your full name.^
What is the full name of your father?
What is the full name of your mother?
What is your occupation?
What is the name of your place of residence.^
What is the name of j^our birthplace?
What is the full name of this woman?
What is the full name of her father?
What is the full name of her mother?
What is your age?
What is the age of this woman?
Have either of you ever been married?
If so, have either of you a husband or wife living?
Are you related to each other either by consanguinity or
affinity?
If so, what is the relation?
Do you know of any legal impediment to your being joined
in marriage w^ith this woman?
If the man is under twenty-one or the woman under the
age of eighteen years, the following :
Have you or either of you parents living in this state, or
have either of you a guardian in this stale?
And if so, have you or either of you the written consent of
such parents or guardian?
Sec. 7' If 3,ny person intending to marry shall be
under the age of twenty-one years, if a male, or under
the age of eighteen years, if a female, and shall not
have had a former wife or husband, the consent in per-
son or in v.Titing of the parent or guardian having the
custody of such minor, if he or she have either a parent
158 LAW FOR THE CLERGY.
or guardian living in this state, shall first be given to
the person solemnizing the marriage, before such mar-
riage shall take place; and if such consent is in writ-
ing it shall be signed by the parent or guardian, and
attested by two witnesses, one of whom shall appear
and make oath before the person who shall solemnize
the marriage that he saw such parent or guardian ex-
ecute the same.
Note. — The consent, if in writing, may be in the following
form :
I, J S, the parent (or guardian) of G S, who is under the age
of twentj-one years, do herebj' consent that the said G S may
be joined in matrimony with CD. J S.
In presence of
I. Tsl,
H G.
Affidavit of oxe of the Witnesses.
County, ss.
L M, being duly sworn, says that he saw J S, the parent {or
gtiardiayi) of G S, execute the above or annexed certificate of
consent that G S might be joined in the bonds of matrimony
with Miss C D, and that he signed said certificate as a sub-
scribing witness thereto. L M.
Subscribed and sworn to before me this day of ,
i8— . R S,'
Justice of the Peace.
Sec. 8. In the solemnization of marriage no partic-
ular form shall be required, except that the parties shall
solemnly declare in the presence of the judge, minister
or magistrate, and the attending witnesses, that they
take each other as husband and wife ; and in every
case there shall be at least two witnesses present besides
the person performing the ceremony.
Note. — For appropriate marriage ceremony see ante^ pages
26 and 27.
WISCONSIN STATUTES OF MARRIAGE. 159
Sec. 9. Whenever a marriage shall have been sol-
emnized, the person solemnizing the same shall give
to each of the parties, if requested, a certificate thereof,
specifying therein the names and residence of the par-
ties, and of at least two of the witnesses present, and
the time and place of such marriage, and also stating
therein that he had examined on oath one or both of
the parties and found no legal impediment to their
marriage, and, where the consent of the parent or
guardian is necessary, stating that the same was duly
given.
Marriage Certificate.
This is to certify that Mr. G S, of the {city of Madison)^ in the
county of(Z>a«(?)and State of Wisconsin, and Miss C D, of the
same place {orofWaterto-vn)^ in said State, were on the day
of , 18—, joined in holy matrimony by me at the residence
of , {or at Church)^ in the city o'i.{]SIihvatikee) in said
State, in the presence of L M, of [Mtlxvaukee)^ and H G, of
{Madison) aforesaid, among others as attending witnesses, the
said G S having been first examined on oath by me as
to the legality of such marriage; from which examination I
became satisfied that there was no legal impediment thereto.
{If the man is under t%venty-one or the xvoman tinder eighteen
years of age^ and shall not have had a former husband or ivife^
and shall have a parent or guardiati ?';/ the state^ say)
And I further certify that consent in person {or in -writings
as the case may be) of T D, the parent {or guardiaii) of G S, he
being under age, was duly given to me previous to such mar-
riage.
Given under my hand at {Milwaukee), Wisconsin, on the
day of ,18— JK,
Rector {or Pastor) of Church.
[Indorse.'] My credentials of ordination were filed in the
office of the Clerk of the Circuit Court for county, Wis-
consin.
Sec. 10. If any person authorized by law to join
persons in marriage shall knowingly solemnize any
160 LAW FOR THE CLERGY.
marriage contrary to the provisions of this chapter, or
shall willfully make any false certificate of any marriage
or pretended marriage, he shall forfeit for every such
offense a sum not exceeding five hundred dollars, or
may be imprisoned not exceeding one year.
Sec. II. If any person shall undertake to join
others in marriage, knowing that he is not lawfully
authorized so to do, or knowing of any legal impedi-
ment to the proposed marriage, he shall be deemed
guilty of a misdemeanor, and upon conviction thereof
shall be punished by imprisonment in the county jail
not more than one year, or by a fine not less than fifty
nor more than five hundred dollars, or by both such
fine and imprisonment, in the discretion of the court.
Sec. 12. No marriage solemnized before any per-
son professing to be a judge, justice of the peace or
minister of the gospel, shall be deemed or adjudged to
be void, nor shall the validity thereof be in any way
affected on account of any want of jurisdiction or
authority in such supposed judge, justice or minister,
provided the marriage be consummated with a full be-
lief on the part of the persons so married, or either of
them, that they have been lawfully joined in marriage.
Sec. 13. All marriages solemnized among the peo-
ple called Friends or Quakers in the form heretofore
practiced and in use in their meetings shall be good
and valid, and shall not be construed as affected by
any of the foregoing provisions in this chapter.
Sec. 14. It shall be the duty of every clergyman,
justice of the peace, clerk, and of any other person or
society, by or before whom any marriage may hereafter
WISCONSIN STATUTES OF MARRIAGE. 161
be solemnized or contracted, to make at once a record
of the same in a book to be kept for the purpose, and
within thirty days after such marriage to return the
same in the form of a certificate, duly signed by the
person so certifying, to the register of the county in
which such marriage shall have been solemnized or
contracted, which said record or certificate shall set
forth, as far as the same can be ascertained, the full
name of the husband, his occupation, and the name of
his place of birth and residence, the full name of the
wife previous to the said marriage, the names of the
parents of said husband, and of the parents of said
wife, also the color of the parties, and the time, place
where and ceremony by which such marriage was con-
tracted, and if pronounced by any clergyman or other
person as aforesaid, the place of residence of such per-
son ; and if any person whose duty it shall be to return
such certificate shall neglect to return the same as pro-
vided by this section, he shall forfeit for every such
neglect a sum not exceeding one hundred dollars nor
less than twenty-five dollars : Provided^ that such action
shall not lie unless the same be brought before such
certificate of marriage be actually delivered to the
register of the proper county.
Note. — Marriage Certificate to File with Register.
State of Wisconsin,
County, ""
I hereby certify that on the day of , a.d. i8 — , Mr.
and Miss were with their mutual consent
legalfy joined together in Iiolj matrimony by me in the pres-
ence of , and of , having been first sat-
isfied by the examination of the said on oath duly
162 LAW FOR THE CLERGY.
administered by me, that there was no legal impediment to
such marriage. And I ascertained the following facts as re-
quired hy law, to wit:
1. Full name of husband.
2. Full name of father of husband.
3. Full name of mother of husband.
4. Occupation.
5. Residence.
6. Birthplace.
7. Full name of wife previous to marriage.
8. Full name of father of said wife.
9. Full name of mother of said wife.
10. Time when marriage was consummated.
11. The town, county and state where marriage was con-
summated.
12. Color.
13. By what ceremony consummated.
14. Place of residence of person performing ceremony.
Given under my hand at , this day of , a.d.
iS-. J K,
Rector (or Pasfor) of Church.
[/Mdorse.'\ Credentials recorded in county, Wisconsin.
Sec. 15. Any clergyman, justice of the peace, phy-
sician or other person, who shall neglect to comply
with the provisions of section fourteen of this chapter,
shall forfeit for such neglect a sum not less than fifty
nor more than one hundred dollars.
CHAPTER XXI.
WISCONSIN STATUTES OF RELIGIOUS
ASSEMBLIES.
Section I. No person shall keep open his shop,
warehouse or workhouse, or shall do any manner of
labor, or business, or work, except only works of neces-
sity and charity, or be present at any dancing, or any
public diversion, show or entertainment, or take part
in any sport, game or play on the Lord's day, commonly
called Sunday; and every person offending shall be
punished by a fine not exceeding two dollars for each
offense.
Sec. 2. Every person who shall at any time will-
fully interrupt or molest any assembly of people met
for the worship of God, or any member thereof, or any
persons when meeting or met together for the perform-
ance of any duties enjoined on or appertaining to them
as members of any religious society, or any wedding
party or other company or assembly of peaceable citi-
zens, or for the recitation or performance of or instruc-
tion in vocal music within the place of such meeting
or out of it, shall be punished by fine not exceeding
twenty dollars nor less than five dollars.
163
164 LAW FOR THE CLERGY.
Sec. 3. For the purpose of the provisions of this
chapter, the Lord's day shall be understood to include
the time between the midnight preceding and the mid-
night following the said day.
Sec. 4. No person who conscientiously believes that
the seventh or any other day of the week ought to be
observed as the Sabbath, and who actually refrains from
secular business and labor on that day, shall be liable
to the penalties of the first section of this chapter for
performing secular business or labor on the Lord's day
or the first day of the week, unless he willfully disturb
some other person.
Sec. 5« That any person who shall sell any intoxi-
cating drinks, or any other articles of traffic, within two
miles of any camp meeting or other religious assembly,
without the written permit of the person or persons
having the oversight and management of such camp
meeting or religious assembly, or who shall otherwise
willfully interrupt or disturb such meeting or assembly,
shall be punished by a fine of not more than fifty dol-
lars nor less than five dollars: Provided^ that nothing
herein contained shall be construed to prohibit any
such sale at any regularly established store, tavern or
other place of business, which may have been licensed
or established previously to such meeting, and not with
the intent to evade the provisions of this act.
Sec. 6. Any person who shall violate the provisions
of this act, and who shall be notified by any person
having charge of such meeting or assembly, or by any
other person, that he, she or they are violating the law,
and who shall, after such notice, continue in such vio-
STATUTES OF RELIGIOUS ASSEMBLIES. 165
lation, he, she or they shall forfeit and pay for every
such offense a fine not less than five dollars nor more
than fifty dollars, to be collected as hereinafter pro-
vided and paid over to the county treasurer, where the
same as other fines are required to be paid for the use
of schools.
Sec. 7» Any sheriff, coroner, justice of the peace or
constable of the proper county, shall, upon view or
information, and without warrant, arrest any person
offending against this act, and shall seize any article of
traffic or other property found in the possession of the
person or persons so offending, and convey the same to
a place of safety, and take the person or persons so
offending before any justice of the peace, and shall
make an inventory of the property so seized ; and the
said justice of the peace, upon complaint upon oath or
affirmation of the officer apprehending such offender,
or the oath of any other person, shall proceed forth-
with to inquire into the truth of the accusation, and, if
found true, such justice shall inforce the penalty pre-
scribed by this act.
CONSTITUTION OF WISCONSIN.
ARTICLE I.
Sec. 8. The right of every man to worship Almighty
God according to the dictates of his own conscience
shall never be infringed, nor shall any man be com-
pelled to attend, erect or support any place of worship,
or to maintain any ministry against his consent; nor
shall any control of or interference with the rights of
conscience be permitted, or any preference be given by
166 LAW FOR THE CLERGY.
law to any religious establishments or mode of worship ;
nor shall any money be drawn from the treasury for
the benefit of religious societies or religious or theo-
logical seminaries.
Sec. 9. No religious test shall ever be required as
a qualification for any office of public trust under the
state, and no person shall be rendered incompetent to
give evidence in any court of law or equity in conse-
quence of his opinions on the subject of religion.
CHAPTER XXII.
WISCONSIN STATUTES OF RELIGIOUS
SOCIETIES.
Section I. It shall be lawful for all persons of full
age, belonging to any church congregation or religious
society, not already incorporated, to assemble at the
church or meeting house, or other place where they
statedly attend for divine worship, and by a majority of
votes elect any number of discreet persons of the
church congregation or religious society, not less than
three nor more than nine in number, as trustees (a
majority of whom shall in all cases be actual commu-
nicants of such church congregation or religious society),
to take charge of the estate and property belonging
thereto, and to transact all affairs relative to the tem-
poralities thereof.
Sec. 2. It shall be lawful for any such church con-
gregation or religious society to choose their minister
to be the president of the said corporation and of their
meetings by a vote as aforesaid; and at the election
provided for in this chapter every person of full age
who has statedly worshiped with such church congre-
gation or society, and has been formally considered as
belonging thereto, shall be entitled to a vote.
168 LAW FOR THE CLERGY.
Sec. 3. The minister of such congregation or so-
ciety, or in case of his death or absence, one of the
elders or deacons, church-wardens or vestrymen there-
of, and for the want of such officers, any other person
being a member or stated hearer in such church con-
gregation or society, shall publicly notify the congrega-
tion of the time when and the place where the said
election shall be held at least fifteen days before the
day of election; and such notification shall be given
for two successive Sabbaths on which such church
congregation or society shall statedly meet for public
worship preceding the election.
Sec. 4. Any two of the elders, deacons, church-
wardens or vestrymen of such church congregation or
society, or if such officers shall not be present, then
any two voters present, to be nominated by a majority
of the voters, shall preside at such election, receive the
votes, and determine the qualifications of voters ; and
they shall, immediately after the election, certify under
their hands and seals the names of the persons elected
to serve as trustees, in which certificate the name by
which the said trustees and their successors in office
shall forever thereafter be called and known, shall be
particularly mentioned and specified.
FORM OF CERTIFICATE.
The undersigned, two of the elders (or deacons.^ or
church-'warde7is^ or vestry?nen, or voters) of the {church
congregation or society) hereafter mentioned, do hereby
certify that on the day of , 18 — , a number of
persons, of full age, belonging to the church {or congre-
STATUTES OF RELIGIOUS SOCIETIES. 169
gaiton) of , a religious society assembled at
where they statedly attend for divine worship, in the
town of , county of , and State of Wisconsin,
for the purpose of organizing as a corporation, did, by
a majority of votes, elect A B, C D and E F {not less
than three 7ior more than m?ie\ discreet persons of said
church {or congregation^ or society) as trustees, a major-
ity of whom are communicants of said church {or con-
gregation^ or society)^ to take charge of the estate and
property belonging thereto, and to transact all the
affairs relative to the temporalities thereof. And it was
then and there determined, by a like majority of votes,
that the said trustees and their successors in office shall
forever thereafter be called and known by the name
and title of {here give the na?7ie in full of the religious
society).
Witness our hands and seals this day of ,
i8— . O P. [seal]
R S. [seal]
Sec. 5* Such certificate shall be acknowledged by
the persons making the same, or proved by a subscrib-
ing witness thereto before some officer authorized to
take the acknowledgment of deeds, and recorded, to-
gether with the certificate of such acknowledgment or
proof, by the register of deeds of the county within
which the church or place of worship of such congre-
gation shall be situated, in a book to be provided by
him for that purpose, who shall be entitled to receive
seventy-five cents for such recording; and thereafter
7
170 LAW FOR THE CLERGY.
such trustees and their successors shall be a body cor-
porate by the name expressed in such certificate.
Note. — For form of acknowledgment see ante^ page 125.
Sec. 6. The several clerks of the board of super-
visors in this state not yet supplied with suitable books
for recording the certificates aforesaid, shall immedi-
ately procure such books at the expense of the respect-
ive counties.
Sec. 7' Such trustees may have a common seal and
may alter the same at pleasure, and they may take into
their possession and custody all the temporalities of
such church congregation or society, whether the same
shall consist of real or personal estate, and whether the
same may have been given, granted or devised, direct-
ly or indirectly, to such church congregation or society,
or to any other person or persons for their use.
Sec. 8. Such trustees may also in their corporate
name sue and be sued in all courts and places, and
they may recover and hold all the debts, demands,
rights and privileges, all churches, buildings, burial-
places, and all the estate and appurtenances belonging
to such church congregation or society, in whatsoever
manner the same may have been acquired, or in whose
hands soever the same maybe held, as fully and amply
as if the right and title thereto had been originally
vested in the said trustees ; and they may hold other
real or personal estate, and demise, lease and improve
the same, but the whole of such estate, real and per-
sonal, shall not exceed the yearly value or income of
three thousand dollars.
STATUTES OF RELIGIOUS SOCIETIES. 171
Sec. 9. The said trustees shall also have authority
to alter and repair their church and meeting houses,
and under the direction of the society or congregation
to erect churches and meeting houses and dwelling
houses for their ministers, and other buildings for the
use of their church congregation or society.
Sec. 10. They shall also have authority to make
rules and orders for managing the temporal affairs of
such church congregation or society, and to dispose of
all moneys belonging thereto, and to order and regu-
late the renting of pews or slips in their churches and
meeting houses, and the perquisites for the breaking of
the ground in the cemetery or churchyard and in the
said churches and meeting houses for burying the dead.
Sec. II. They may appoint a clerk and treasurer'
of their board, and a collector to collect and receive
their rents and revenues, and may regulate the fees to
be allowed to such clerk, treasurer and collector, and
may remove them and appoint others in their stead at
pleasure; and such clerk shall enter all rules and
orders made by such trustees, and payments ordered
by them, in a book to be procured by them for that
purpose.
Sec. 12. Any two of the trustees may at any time
call a meeting of the trustees, and a majority of them
being lawfully convened shall be competent to do and
perform all matters and things which such trustees are
authorized to do and perform.
Sec. 13. The said trustees shall hold their offices
for three years, and until their successors are elected;
and immediately after their first election, as hereinbe-
172 LAW FOR THE CLERGY.
fore provided, the said trustees shall be divided by lot
into three classes, numbering one, two and three ; and
the seats of the first shall be vacated at the end of the
first year, of the second class at the end of the second
year, and the seats of the third class at the end of the
third year, to the end that as near as may be one-third
part of the whole number of trustees may be annually
chosen.
Sec. 14. It shall be the duty of the clerk of said
trustees, at least one month before the expiration of
the office of any of the said trustees, to notify the same
in writing to the minister, or in case of his death or ab-
sence, to the elders or church-wardens, and if there be
no elders or church-wardens, then the deacons or ves-
trymen of any such church congregation or society,
specifying in such notice the names of the trustees
whose office will expire; and the minister or other offi-
cers receiving such notice shall, in manner aforesaid,
notify the members of such church congregation or
society of such vacancies, and appoint the time and
place for the election to supply the same : Provided^ if
the clerk shall fail for any cause to give the notice as
hereinbefore required, or the election shall not be held
at the time as hereinbefore required, the church con-
gregation or society shall not, for that reason, be dis-
solved or in the least affected thereby, but the notice
and election may be held on some other day.
Sec. 15. All subsequent elections shall be held
and conducted by the same persons and in the same
manner as hereinbefore provided for the first election ;
and in case any vacancy shall happen by the death of
STATUTES OF RELIGIOUS SOCIETIES. 173
a trustee, his neglect or refusal to act with the board
of trustees for the space of two months or more, or re-
moval from said society before his term of office ex-
pires or otherwise, notice thereof shall be given as
aforesaid, and an election shall be held and another
trustee chosen in his stead for the remainder of such
term.
Sec. l6. No person belonging to any such church
congregation or society incorporated under the provi-
sions of this chapter, shall be entitled to vote at any
election after the first until he shall have been an at-
tendant on public worship in such church congregation
or society at least six months before such election, and
shall have contributed to the support of such church
congregation or society according to the usages and
customs thereof.
Sec. 17. The clerk of trustees shall keep a register
of the names of all such persons as shall desire to be-
come stated hearers in the said church congregation
or society, and shall therein note the time when such
request was made ; and the said clerk shall attend all
subsequent elections in order to test the qualifications
of such voters in case they shall be questioned.
Sec. 18. Nothing in this chapter contained shall
be construed to give to such trustees the power to fix
or ascertain the salary or compensation to be paid to
any minister, but the same shall be ascertained and
fixed by a majority of such society entitled to vote at
the election of trustees.
Sec. 19. It shall be lawful for the circuit court for
the county in which any such religious corporation
174 LAW FOR THE CLERGY.
shall have been constituted, or in vacation for the
judge of the judicial circuit in which said county is
situated, on the application of such corporation, if such
court or said judge in vacation shall deem it proper, to
make an order for the sale or mortgage of any real
estate belonging to such corporation, and to direct the
application of the moneys arising therefrom to such
uses as the said corporation, with the approbation of
said court, or in vacation of said judge, shall conceive
to be for the interest of such corporation. And when
such order shall be granted by said judge in vacation, it
shall be filed with the clerk of said court and entered
of record in the same manner as if it had been granted
by the court.
Sec. 20. At least ten days' previous notice of any
such application to the circuit court, or in vacation to
the judge of said judicial circuit, shall be given by
publishing the same in some newspaper published in
the county, if one be published therein, and if not, by
posting up notices in three or more public places in
such county.
Sec. 21. The provisions of sections nineteen and
twenty of this chapter shall be applicable to all religious
societies and corporations in this state, whether consti-
tuted under the provisions of this chapter or otherwise.
Sec. 22. Every church congregation or religious
society heretofore incorporated in pursuance of law,
and not since dissolved, shall be and is hereby estab-
lished and confirmed, and in case of the dissolution of
any such corporation, or of any corporation hereafter
to be formed in pursuance of the provisions of this
STATUTES OF RELIGIOUS SOCIETIES. 175
chapter for any cause whatever, the same may be in-
corporated under the provisions of this chapter at any
time within six years after such dissolution ; and there-
upon all the estate, real and personal, formerly belong-
ing to the same and not lawfully disposed of, shall vest
in such corporation as if there had been no such disso-
lution.
Sec. 23. AH lands, tenements and hereditaments
that have been or may hereafter be lawfully conveyed
by demise, gift, grant, purchase or otherwise to any
persons as trustees, in trust for the use of any religious
society organized or which may hereafter be organized
within this state, either for a meeting house, burying-
ground, or for the residence of a preacher, shall de-
scend, with the improvements, in perpetual succession
to and shall be held by such trustees in trust for such
society.
Sec. 24. Whenever by the constitution, rules or
usages of any particular church or religious denomi-
nation, trustees are required to be appointed by any
minister, presiding elder or other officer or officers of
such church or denomination, it shall be the duty of
such minister, presiding elder or other officer or offi-
cers, to give to such trustees a certificate of their ap-
pointment, under the hand and seal of the person
making the same, specifying the name by which such
trustees and their successors shall forever thereafter be
called and known, which certificate shall be acknowl-
edged or proved and recorded as hereinbefore di-
rected; whereupon such trustees and their successors
appointed in the same manner shall be a body cor-
176 LAW FOR THE CLERGY.
porate by the name expressed in such certificate, with
all the rights, powers and privileges of other religious
corporations constituted according to the provisions of
this chapter.
Sec. 25. Whenever by the constitution, rules and
usages of any particular church or religious denomina-
tion, the minister or ministers, elders and deacons, or
other officers elected by any church or congregation,
according to the constitution, rules or usages, are there-
by constituted the trustees of such church or congre-
gation, it shall be lawful for such minister or ministers,
elders and deacons, or other officers, to assemble to-
gether and execute under their hands and seals a
certificate, stating therein the name by which they and
their successors in office shall forever thereafter be
called and known, which certificate shall be acknowl-
edged or proved and recorded as hereinbefore directed ;
whereupon such persons and their successors in office
shall be a body corporate by the name expressed in
such certificate, with all the rights, powers and privi-
leges of other religious corporations constituted accord-
ing to the provisions of this chapter.
Sec. 26. Every church, parsonage and schoolhouse
belonging to any religious society, with the land be-
longing thereto, not to exceed in all three acres in any
one town, village or township, or, if in a city, not to
exceed one lot for each of the said buildings, shall not
be subject to taxation for any purpose except for its
own improvement.
Sec. 27. Personal property owned by any religious,
scientific, literary or benevolent association, used exclu-
STATUTES OF RELIGIOUS SOCIETIES. 177
sively for the purposes of such association, and the real
property necessary for the location and convenience of
the buildings of such associations, and embracing the
same, not exceeding ten acres, if not leased or otherwise
not used for pecuniary profits, and including parson-
ages, whether of local churches or districts, and whether
occupied by the pastor permanently or rented for his
benefit, and in case of a chartered college or university :
Provided, the lands are reserved for grounds of the
institution not exceeding forty acres. The occasional
leasing of such buildings for schools, public lectures or
concerts, or the leasing of the parsonage as aforesaid,
shall not render them or either of them liable to taxa-
tion.
Sec. 28. It shall be lawful for any Protestant Epis-
copal church incorporated within the state, by its trus-
tees, officers or agents, now holding or who may hereafter
hold the temporalities thereof, to convey them for or
without a valuable consideration to the trustees of the
funds and property of the Episcopal church, however
called, acting within this state, to be held, sold or con-
veyed according to the direction of the diocesan con-
vention or council of the Episcopal church in the state :
Provided, that such conveyance shall not be made
except upon notice and order of the court or judge as
required in case of sale of real estate.
Sec. 29. The rector, wardens and vestrymen being
the trustees of each Protestant Episcopal church incor-
porated in this state, may be chosen at such times and
in such manner as may be in conformity to the rules
and usages of such church, and elections or appoint-
178 LAW FOR THE CLERGY.
ments of such officers heretofore made in conformity to
such rules and usages are declared to be valid.
Sec. 30. Each Protestant Episcopal church hereto-
fore or hereafter incorporated within this state, may-
take by purchase, devise, gift or otherwise, and may
forever hold any lands intended to be used for cemetery
grounds or burial purposes ; and all grants, gifts, con-
veyances or devises of land heretofore made to any
incorporated Protestant Episcopal church shall be valid
and effectual, according to the intent of the parties.
Sec. 31. Sections fourteen, fifteen, sixteen of chap-
ter sixty-seven of the Revised Statutes, shall apply to all
lands so heretofore or hereafter acquired or held for
burial purposes.
Sec. 32. All bonds and files relating to any cor-
poration, now in the office of the clerks of the several
boards of supervisors of this state, shall by said clerks
be immediately transmitted to the office of the register
of deeds of the proper county, to be by said register
preserved in a convenient form for the inspection of
any and all persons interested.
Sec. 33. Any five or more male persons of lawful
age, not members of any religious congregation, desirous
of forming a society for the promotion of the Christian
religion in connection with a church to be associated
therewith, according to their own peculiar tenets, may
become incorporated, possess, have, hold and enjoy, all
the rights, privileges and franchises incident to such
corporations, as hereinafter provided.
Sec. 34. Such persons shall execute under their
STATUTES OF RELIGIOUS SOCIETIES. 179
hands and seals a certificate substantially in the follow-
ing form :
Know all men by these presents^ That we {insert the
names), whose names are hereunto subscribed, have
agreed and by these presents do agree to become incor-
porated into a religious society in pursuance of the laws
of this state by the name and style of the {here insert
the corporate 7iame) of the {here inse?-t the name of city,
village or toivn) ; and we do hereby agree that all persons
who may hereafter become associated with us in this
organization shall be entitled to equal privileges and
rights in the grants and franchises hereby secured
under and by virtue of the statutes in such cases made
and provided.
In witness whereof we have hereunto set our hands
and seals this day of , i8 — .
Sec. 35. The certificate thus executed shall be ac-
knowledged before some person authorized to take
acknowledgments of deeds, and shall be recorded in
the office of the secretary of state, and copies thereof
duly certified by him shall be received as evidence of
the fact of incorporation, and for all other proper and
lawful purposes, in all courts of law and equity. The
secretary of state shall be entitled to receive fifty cents
for recording each certificate, and the like sum for each
certified copy thereof.
Note. — See form for acknowledgment, ante, page 125.
Sec. 36. That upon the recording of such certifi-
cate in the office of the secretary of state, the persons
named therein shall be deemed and regarded in law as
corporators, and they and their associates are hereby
180 LAW FOR THE CLERGY.
declared to be a body corporate and politic with per-
petual succession by the name and style designated in
such certificate, and by such name and style shall be
competent to contract and be contracted with, to sue
and be sued, to answer and be answered unto, in all
courts of law and equity ; and shall also be competent
in law to purchase, have, hold and enjoy property, both
real and personal, and to sell, dispose of and convey
the same : Provided^ however^ that it shall not be lawful
for such corporation to deal in property of any kind,
except so far as shall be necessary for the legitimate
objects of the corporation as declared in this act ; and
provided further^ that the real estate to be held shall
not exceed five lots in any city or village, or forty acres
in the country not platted into lots.
Sec. 37' That every such corporation thus created
may have a common seal, and alter and renew the same
at pleasure, and may also adopt a constitution and by-
laws for their government not inconsistent with the
laws of this state or the United States, and may alter
and amend the same at pleasure ; and may also desig-
nate the number and title of their officers, and may
also define their power and duties.
Sec. 38. A majority of the corporators named in
such certificate may meet at such time and place as to
them shall seem fit and proper for the purpose of per-
fecting their organization under the corporation thus
secured; and the said corporators shall constitute the
first board of trustees of the society, and shall hold
their offices until others are chosen.
Sec. 39. Every society in this state composed of
STATUTES OF RELIGIOUS SOCIETIES. 181
persons who have united themselves together for the
purpose of maintaining, as a body corporate, public wor-
ship or other religious exercises, which for the term of
five years has maintained an actual organization by the
election of officers, maintenance of public worship, or
such other acts as are usual in conducting the opera-
tions of incorporated religious societies in this state,
shall be deemed to have been legally incorporated, and
shall have all the rights and powers and shall be sub-
ject to all the liabilities of religious societies duly in-
corporated under the laws of this state ; but any so-
ciety desirous of obtaining the benefit of this act shall
be permitted to do so only upon filing in the office of
the register of deeds in the county in which said society
is situated a certificate, executed by three officers of
said society, in the following form :
State of Wisconsin,
ss
County of
A B, C D and E F, of the county of , do hereby
certify that they and each of them are trustees (or
other officers) of the , a religious society located at
, in said county; that during five years immedi-
ately preceding the date hereof the said society has
maintained an actual organization by the support of
public worship with ordinary regularity {or in other
manner^ stati?ig how)^ and that such organization has
been maintained with the intent to maintain a corpo-
rate existence under the laws of this state.
Dated . A B,
C D,
EF,
182 LAW FOR THE CLERGY.
Sec. 40. Such certificate shall be verified by the
officers making the same before some person author-
ized to administer oaths, and shall be recorded at
length by the register of deeds of said county in the
book in which the certificates of the organization of
religious societies are recorded, upon the payment of
his fees therefor ; such certificate when so recorded, or
the said record, or any duly certified copy of such
record, shall be received as evidence in all courts in
this state, and shall be prima-facie proof of the facts in
said certificate set forth.
Note. — The foregoing chapter upon religious societies is
embraced in chapter LXVI, Taylor's Statutes, except Sees. 27
28, 39 and 40.
Since these statutes were published there have been several
acts passed, probably with the intention of makincj the law more
complete, but which have had a tendency to confuse the whole
subject; and as the statutes of the state are now under revision,
and the law on this subject will likely be condensed and brought
into a harmonious whole, they are not embodied in this work.
They are as follows :
Chapter CXXIII, Laws of 1S75: Providing that any dio-
cesan council or convention, synod or other representatives of
any church, may elect trustees, and by filing a certificate in the
office of the secretary of state, stating the name of the body
and of the trustees so elected, may receive a patent constitut-
ing them a corporation.
Chapter CCCCXI, Laws of 1S76: Providing tor the incor-
poration of any Christian or Hebrew church which has been or
may be organized in any town, village or city. This law seems
to annul certain portions of the statute relating to religious
societies, and it is doubtful what force and etfect it has in that
respect.
INDEX.
COMMON LAW OF MARRIAGE.
Affinity of parties lG-19-20
Age of parties to man-iagc 12-13
Absence for five years of one, other to marry 22
Archbishop Parker's table of prohibited degrees 20-21
Blind persons may contract marriage 15
Chancellor Walworth's opinion 10
Chancellor Kent's opinion 10
Cohabitation after marriage 10-15
Consent of party 10
of parents or guardian 13
Contract of marriage 7-8-9-13
Church of England's service 16
Consanguinity and affinity 16-19-20
Colored races, marriage with 21
Canon law, what it is 27
Common law, what it is 27
Civil law, what it is 28
Deaf mutes may contract marriage 15
Deceased wife's sister, not to marry 18-20
Daughter of deceased wife, not to marry 20-21
Disabilities to contract marriage 12
Divorced husband or wife, when may marry 22
Divorced for adultery, second marriage void 23
Force or fraud avoids contract 13-14
Form of marriage ceremony 26-27
Husband and wife 8
Husband^s son, may not marry 20
Impediments to marriage 12-22
Impotency of party 15
Inability for copulation 15
Incestuous marriages 18
Imprisonment for life annals marriage 22
Idiots and lunatics not capable to contract 13
184 INDEX.
Intoxication 13
Kindred, marriage with 19-21
Iia\«% canon, common and civil 27-28
IjC vitical degrees 16-17
law 1&-20
Marriage, the foundation of social order 7
in Protestant countries 7
when performed by clergy 7
indissoluble 8
who may contract 8
cannot be dissolved by parties 8
what constitutes 9
a civil contract 9
no particular form of requisite 10
in the United States 11
among Quakers 11-12
religious form of 11
who may contract 12
of consent 12-13
with wife's daughter 20
between whites and negroes 21
without ceremony 2:j-25
form of solemnization of 25
form of ceremony of 26-27
Malformation an impediment 15
Ministers of Protestant Episcopal church 23
Mormons, marriage among 11
Mutual agreement to marry 10
Protestant Episcopal church, canon of 23
Quakers, marriages of 11-12
Relation by affinity 19
Roman Catholic doctrine of marriage 12
law, what 28
Sentence of imprisonment for life annuls marriage 22
Sister of deceased wife, marriage of 18
Son of deceased husband, marriage of 20
Void and voidable contracts 15
White and colored races, marriages of 21
Wife's daughter, not to marry 20
Wife's relations 19
STATUTES OF ILLINOIS.
Age of parties to be joined in marriage 29
Burying-grounds, how laid out 40
Congregations may be reincorporated 40
INDEX. 185
Constitutional provisions as to religion 34
Clergymen admitted to visit prisoners 35
Corporations, religious societies to be 37
how organized 37-41
not dissolved by failure to elect trustees 38
Disturbing religious assemblies, penalty for 35-36
Incestuous marriages 29
Intention of marriage to be published 30
Insane persons and idiots not to marry 29
liegitiniate and illegitimate children 29
liicense to be granted to parties to marry 29-30
Marriage, by whom celebrated 29
how celebrated 29
license, form of 30
certificate of 31
ceremony of , 26-27
with certain kindred, incestuous 29
Ministers to celebrate marriage 29
Meetings, religious, penalty for disturbing 36
Peddlers not allowed at camp-meetings 36
Penalty for neglect of duty by county clerk 32
for neglect of duty by ministers 32
Property of church exempt from taxation 41
Public funds not to be applied to religious societies 34
Religious societies, incorporation of 37
may hold real and personal estate 39-^0
trustees of, term of office 38
may mortgage or sell real estate 40
Real estate for camp-meetings not to exceed forty acres 41
for church purposes not to exceed ten acres 39
Religion and religious assemblies 34
Religious freedom protected 34
Sunday-seiiool tracts may be distributed 41
State's attorney to prosecute actions for penalty 33
Trustees of religious societies, how removed 39
Taxation, property exempt from 41
Word, trustees to include wardens and vestrymen 41
STATUTES OF INDIANA.
Age of parties to contract marriage 42^3
Assemblies, religious, penalty for disturbing 58-59
Certificate of marriage, form of 44
of election of wardens and vestrymen to be filed 47
of election of wardens and vestrymen, form of 47-48
Churches dissolved may be revived, how 51
8*
186 INDEX.
may form union, how 51
shall file certificate of union, form of 52
Clergymen not to disclose confidential communications 59
Constitutional provisions 60
Consent of parent or guardian to marry, when necessary 43
Corporations, religious, to hold real and personal property. . . 49-56
Election of trustees for religious societies 54
Friends or Quakers not required to procure marriage license. . . 42
liicense to authorize marriage, when necessary 42-43
Marriage, a civil contract, how solemnized 42
when void. . . 42
between whites and negroes, void 42
one party insane or idiotic, void 42
when not void 42
certificate of, to be filed 43
ceremony, form of 26-27
Ministers, duties on solemnization of marriage 43-44
exempt from toll on plank roads 60
Money, public, not to be applied to religious uses 61
Name of church or congregation, how changed 49
Organization of religious societies 54
Penalty for disturbing religious meetings 58-59
for performing marriage contrary to law 44-45
for violating Sunday law 59
Religious societies, how incorporated 54
freedom guaranteed 60
Sunday, labor and sporting prohibited on 59
Seventh day kept as Sunday 59
Taxation, property exempt from *. . 60
Toll on bridges, parsons exempt from 60
Trustees appointed by united church 51
Wardens and vestrymen, how elected 46
and vestrymen, powers and duties 49
and vestrymen, vacancy filled 49
and vestrymen may take and hold real estate 49
STATUTES OF IOWA.
Assemblies, religious, penalty for disturbing 72
Clerk of circuit court, duty of 62-65
Certificate of marriage 63-64
Corporations, organization of 66-71
academical 69
to receive and hold property 70
how name changed 70
not dissolved by failure to elect trustees 69
INDEX. 187
Denominations having peculiar mode of entering marriage. . . 65
Husband responsible for return of marriage to clerk G5
Illegitimate children, how become legitimate 65
liicense to marry, when required 62
Marriage a civil contract i 62
ages of persons to contract 62
when a nullity 62
license necessary, when 62
by whom solemnized 63
certificate, form of 64
consent to, of parents or guardians 62-63
registry of 65
of minors G3
ceremony of 26-27
Ministers, not allowed to disclose confidential communications 74
their duties in solemnizing marriages 63-64
jnisdemeanor, to solemnize marriage contrary to law 63
to disturb religious assemblies 72
Penalty for failing to return marriage to clerk 64
for disturbing religious assemblies 72
for solemnizing marriage contrary to law 65
Priest not allowed to disclose confidential communications. ... 74
Religious societies, incorporation of 66
name of to be stated 66
certificate of association 66-67
trustees, how elected 68
not to have same name as another 69
i^abbatli, labor on, prohibited 73
penalty for violation of 73
Seventh day, when kept as Sabbath 73-74
Spirituous liquors not to be sold near religious meeting 72
Testimony may be taken before license to marry granted 63
STATUTES OF MICHIGAN.
Acts relating to religious societies 95
Age of parties to contract marriage 75
Assemblies, religious, penalty for disturbing 96
Bishop or other officer not to have corporate power 92
Certificate of marriage, form of 81
Churches may sell or mortgage real estate 87
may make application to court 91
heretofore incorporated, how reestablished 94
dissolved, how reincorporated 94
customs and canons of, not to afi'ect real estate 93
Constitutional provisions relating to religion 97-98
188 INDEX.
Examination of party to marriage, form of 77
Exempt, property of religious societies, what 98
Idiots and lunatics uot allowed to marry 76
Marriage, a civil contract 75
age of parties to contract 75
degrees within which prohibited 75
impediments to 75
of whites and negroes prohibited 76
by whom solemnized 76
oath of party to 77
witnesses to 78
ceremony, form of 26-27
certificate, form of 81
record, form of 80
Misdemeanor to join persons in marriage without authority. . 78
Money not to be appropriated to religious denominations 98
Oath, of parties to marriage, form of 77
Penalty for joining persons in marriage contrary to law 78
for neglect to file certificate of marriage 82
Quakers, marriage of 79
Kecord of marriages to be made by minister 79. 80
Religious societies, incorporation of 83
articles of association of 83
certificate of election of officers 85-86
Trustees, powers of 87
to sell and convey real estate 87
to make application to court 91
Taxation of church property 98
Witness necessary to marriage 78
STATUTES OF MINNESOTA.
AcknO'ivledgment to certificate of incorporation, form of. . 125
Certificate of marriage, form of 103
Church, Prot. Episcopal, election of wardens and vestrymen. . . . 120-121
Constitutional provisions as to religions freedom 109
Corporations heretofore dissolved may organize anew 114
Illegitimate children legitimatized by marriage of parents — 106
Labor, gaming, etc.. prohibited on Lord's day 107-108
liOrd's day, what time to include 109
Marriage, a civil contract 99
consent of parties to, essential 99
age of parties to contract 99
impediments to 99
by whom solemnized 99
one of the parties to, to be examined on oath 100
INDEX. 189
form of oath of parties to 100
form, of examination and note 101
license to parties to, how issued 101
ceremony, form of 28-2T
certificate of 103
Meetings, religious, protection of 107-108
JTImisters to file credentials of ordination 100
Penalty for performing marriage contrary to law 104
for failure to deliver certificate to clerk 104
for disturbing religious assemblies 107-108
Protestant Episcopal Church, to elect wardens and vestrymen 120-121
Q,uakers, marriage among 105
Religious assemblies, disturbing 107
corporations, how organized 110
corporations, trustees of, how elected 110-115
corporations, notice of election of trustees of 110
corporations, certificate of electioE of trustees of. Ill
corporations, trustees of, powers and duties of 11.3
Record of marriage, how made 103-104
of election of trustees of corporations IVl
Societies, religious, existing, confirmed 117
Spirituous liquors, sale of, prohibited at camp-meeting 107
Trustees of religious societies, powers and duties of 113
term of office 114
election of 111-113
Witnesses to marriage ceremony 102-103
STATUTES OF OHIO.
Age of persons to be joined in marriage 126
Board of trustees, of religious societies 140
how perpetuate succession 140
of united societies 145
vacated, how filled 140-152
Ceremony of marriage, how regarded 131
form of 26-27
Clergymen, duties of 135
to keep registry of deaths 135-136
to keep registry of marriages 136
to make report of marriages 136
neglecting to report marriages, penalty for 136
neglecting to report deaths 136
not to testify to confessions 136
Consent of parents or guardians, when required 128
form of 130
Constitutional provisions as to religion 135
190 INDEX.
English language, religious services to be conducted in 143
Fine or forfeiture, how recovered 131
for selling liquor near religious meetings 133
Interrupting religious meetings, penalty for 132
Land, to descend to trustees of religious societies 141
liicense to ministers to marry 126
to parties to marry, when necessary 127
Marriage, parties to and age of 126
license to be granted to parties 127-128
who may solemnize 126
bans, how published 127
consent to, of parents or guardians 126-128
party to, to make oath 128
certificate of, transmitted to probate judge 128
form of certificate of 129
ceremony, form of 26-27
between whites and negroes forbidden 131
Misdemeanox* for interrupting religious meetings 132
ininisters of the gospel to solemnize marriage 126
license to solemnize marriage 127
credentials of ordination 127
Notice of election of trustees for religious societies 150
Penalty for marrying persons contrary to law 129
for marrying persons, not being authorized 129
for marrying whites with colored persons 131
for interrupting religious meetings 132
Petition to sell real estate of religious society 142-148
Presbyterian societies, how to elect deacons 154
Publishing houses established by religious societies 154
Probate judge to grant licenses 127
to take oath of witness 128
Process, how served upon religious societies 147-149
Real estate of religious societies, how conveyed 141-142-147
Record of proceedings of religious societies 150
of marriage, how made 128
of credentials of ministers 127
of marriage, when evidence ^ 127
Religious assemblies, interrupting of 132
persons to be expelled from 132
Religious societies, how incorporated 137
election of trustees 137
record of proceedings 139
name of 150
to convey real estate 141-146
to be corporations 148
neglect to elect trustees, not dissolved 152
INDEX. 191
Repeal of law not to affect vested rights 149
Seventh day observed as Sundaj-, when 135
Succession of property of religious societies 150
Sunday, violations of 134
Trustees of religious societies, how elected 150
term of office 137-150
acceptance of office 139
certificate of election 139-150
to be not less than three 137
form of certificate of election 138
their powers and duties 138-150
to hold property 148
failure to elect 152
Trust property of religious societies, how held 141
Union of two or more religious societies 143
ratification of 144
certificate of, to be filed 145
White and colored persons forbidden to marry 131
STATUTES OF WISCONSIN.
Acts relating to religious societies 182
Camp-meetings, law protecting 164
Certificate of marriage to be returned 161
of marriage, form of, to be filed 161
of election of trustees, form of 168-169
Churches heretofore incorporated reestablished 174
Church parsonage not subject to tax 176
extent of land 176
Circuit court may order sale of lands of corporations 173-174
Constitutional provision as to religious freedom 165-166
Corporations, religious societies to be 170
Election of trustees of churches, how conducted 168
Exemption of church property from taxation 176
Friends or Quakers, marriages among 160
Intoxicating drink prohibited near meeting 164
Lands held by trustees to descend to trustees 175
liOrd's day, what time to include 164
PHarriage, a civil contract 155
consent of parties to 155
consent of parents or guardians to 157
age of parties to contract 155
impediments to 155
by whom solemnized 155
examination of one of parties to 156
oath of one of parties to 156
192 INDEX.
form of examination of parties to 157
form of consent of parent to 158
two witnesses required to 159
ceremony, form of 26-27
certificate to give to parties to 159
certificate to give to parties, form of 159
not void for want of authority 160
record of, to be made 160-161
Ministers, to file credentials 156
to notify congregations of elections 168
appointing trustees to give them certificate 168-175
money not to be drawn from treasury for religious uses 166
male persons of full age, how incorporated as society 178
to file certificate 178
powers and duties as such 180
Penalty for performing marriage contrary to law 159-160
for performing marriage, not being authorized 160
for not returning record of marriage 161-162
for disturbing religious meetings 163
for labor on Sunday 163
Protestant Episcopal Church, may convey property 177
wardens and vestrymen, how chosen 177
to hold cemetery lands 178
Record of marriages to be made 161
Religious assemblies, penalty for disturbing 163
spirituous liquors, sale prohibited at 164
Religious societies, how incorporated 167
to elect trustees 167
qualification of voters 167-173
trustees of, powers and duties 170
may sell real estate 170
Religious tests not required 166
Society maintaining public worship, to be body corporate 181
to file certificate : 181
Sunday, labor and gaming prohibited on 163
what time to include 164
Seventh day observed as the Sabbath 164
Traffic in liquors and other articles prohibited at meetings 164
Trustees of religious societies, term of oflace 171
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