1822 - Edocs

79
AN ACT
Concerning* Marriage Licence,
i. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That no minister shall
join any persons together as man and wife without lawt'ul
licence as by this act required, under pain of imprisonment
for one year, without bail or mainprize, for every
offence, and a fine of five hundred dollars. If he go out
of the Territory to marry persons belonging to the Territory
without such licence; he shall be liable to the
same penalty and forfeiture. The offence may be prosecuted
in any court of record, in the territory; all such
courts being hereby empowered to determine the same,
and to award execution thereupon according to the course
of the Common Law.
2. Be it further enacted, That any ordained minister of
the Gospel, or in regular communion with any religious
society of christians, may solemnize the rights of matrimony,
according to the forms of the church to which he
belongs, between any persons within the Territory, who
shall produce a licence pursuant to this act, directed to any
authorized Minister of the Gospel.
3. Beit further enacted, That, the County Court shall
grant licences to all Ministers of the Gospel as aforesaid,
who shall apply for the same, or one or more of their body,
to marry, in any county where there is not a sufficient
number of ordained ministers. Justices so licensed are
under the same rules and regulations, pains and penalties
as ministers of the gospel.
4. Be it further enacted, That, to preserve a register of
all marriages, a certificate of every marriage hereafter
solemnized, signed by the minister or justice of the peace,
celebrating the same, shall be transmitted to the clerk of
the county, wherein the marriage is so solemnized, within
twelve months thereafter, to be entered on record by
the clerk, in a book by him to be kept for that purpose,
which shall be evidence of all such marriages.
5. Be itfurther enacted, That, every minister or justice
of the peace, (as the case may be) failing to transmit
such certificate to the clerk of the court in due time, shall
forfeit the sum of sixty dollars, and if the clerk of any
court shall fail to record such certificate, he shall forfeit
the like sum of sixty dollars, to be recovered with costs
of suit by the informer in any court of record.
6. Be it further enacted, That, every licence for marriage
shall be issued by the clerk of the circuit court of
the county wherein the woman usually resides in manner
following that is to say; the clerk shall take bond in the
penalty of two hundred dollars, payable to the governor
Ministers serving;
— without licence-
If he go out of the
Territory.
How prosecuted.
Ordained minister
—may serve any legally
licensed.
County Court to
grunt licences to
Ministers 6; others.
Certificates of marriag-e
registered by
county clerk.
Minister or justice
failing to give cer-
tificate.
Clerk failing to re
cord.
Clerk ofcirciut
court gives marri
ag-e licence.