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tinue to be such minister, unless such conveyance shall be made
with the consent of the town, parish or religious society of which
he is minister, or unless he be a minister of an episcopal church
and shall make the conveyance with the consent of the vestry.

Sec 13. The several churches, other than those of the episco-
pal denomination, are authorized to choose committees for the
purpose of settling the accounts of the trustees, deacons and other
church officers, and, if necessary, to commence and prosecute any
suits in the name of the church against the said trustees, deacons
or other officers, touching the same.

Sec 14. The income of any such grant or donation made to
or for the use of any church, shall not exceed the sum of two
thousand dollars a year, exclusive of the income of any parsonage
lands granted to or for the use of the ministry.

Sec 16. The overseers of each monthly meeting of the people*
called Friends or Quakers, shall be a bodv corporate for the pur-
pose of taking and holding in succession all grants and donations
of real or personal estate made to the use of such meeting, or to
the use of any preparative meeting belonging thereto, and to alien
or manage such real and personal estate according to the terms
24



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370



FIRE IN8UHANCE COMPANIES.



[tITI^ XYIl-



and conditipns of the grants and donations, and to prosecate and
defend in any action touching the same ; provided^ that the income
of the grants and donations to any one of such meetings, for the
uses af(»resaid, shall not exceed the sum of five thousand dollars a
year.

Sec 16. Whenever any meeting house in the State shall cease
to be occupied by the proprietors thereof as a place of public wor*
ship for the space of two years, it shall be lawful for said proprie-
tors, at a meeting called for that purpose, by a vote of a majority
present, to sell said house at public auction, and for this purpose
to appoint a committee to make such sale and execute a convey-
ance to the purchaser, giving such notice of the time and place of
sale as shall be reasonable, in no case less than fifteen days. ( Laws
of 1848, chap. 719, sec. 1.)

Sec 17. Such meeting may be called by any three of the
proprietors, by publishing a notice thereof three weeks successively
in some newspaper in the county in which such meeting house b
located, the last publication to be at least twenty days before said
meeting. And if there should be no such paper published in such
county, then such notice to be published in some paper in an ad-
joining county. {Laws of 1848, chap. 719, sec. 2.)

Sec 18. The proceeds arising from the sale of such house
shall be paid to said committee and by the committee divided
amongst the proprietors thereof according to their interest, such
interest to be determined by a committee of not less than three
nor more than five disinterested persons chosen by the proprietors
for that purpose. {Laws of 1848, chap. 719, sec. 3.)



CHAPTER 154.

OF FIRB INSURANCE COMPANIES.
COMPILED FROM

Chapter 501, Laws of 1847.
« 999, « " 1860.
« 1100, « « 1851.
" 1111, « « 1851.
« 1279, « « 1852.



SXCTIOX

1. Company may limit its business to
towns.

8. Insured not liable to be assessed be-
yond preminm notes.

8. Companies may insure against dam-
age by lightning.



Seotion

4. Insurance corapuiies in other ttatet,

doing business in this, to be lulijeci
to the same laws and penalties.

5. Insurance companies in this State, or

their agents doing business ia
another state subject to csrtaiii



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OBAP.



154.]



riKB IN80RANCB OOXPANIBS.



371



SSCTTOV

reqmremeiits, will sabjecl the io-
soniDce ooiBfMinies of svch state
to like requirements.

6. Not lawful for any person to act as

agent, &c^ of any foreign insur-
ance company till they have com
plied with the law-, penalty for
Tiolation.

7. Ck>mmi88ioners to be appointed.



SscTioir I

8. Commissioners remoTdl>fe at pleas-

ure.

9. Duties of commissioners.

10. Compensation of commissioners.

11. May examine officers on oath.

12. Injunction to be issued forthwith.

13. Injunction, on hearing bow modified.

14. Act not to apply to chapter 152 of

this compilation.



Section 1. Any mntnal fire insurance company organized, or
which may hereafter organize, according to the provisions of chapi-
ter one hundred and forty-five of the revised statutes, (one hun-
dred and fifty-two of this compilation) may by a vote of such
company limit the company to any town in this State, which vote
shall be recorded, and said company shall thereupon be forever
barred from insuring any property which is not situated within the
limits of such town. {Laws of 1850, chap. 999.)

Sec 2. The thirteenth section of chapter one hundred and
forty-five of the revised statutes (one hundred and fifty-two of -this
compiiation) shall not apply or be in force with respect to mutual
fire insurance companies, which now are or may hereafter be formed
agreeably to the provisions of said chapter, or be so construed
as to render the members of such insurance companies liable for
losses upon property insured in such companies beyond the amount
of their deposit notes. (Laws of 1847, chap. 501.)

Sec. 3. All fire insurance companies in this State shall have
the power and right to insure against damage to property by
lightning, whether said damage be caused by burning or otherwise.
{Laws of 1851, chap. 1100, sec. 1.)

Sec 4. Whenever by the laws now existing in, or which may
hereafter be enacted by any of the United States, other than this
State, any taxes, fines, penalties, deposits of money or of securi-
ties, statements or other obligations or requirements of any descrip-
tion whatever, are or shall be imposed upon any mutual insurance
company or companies incorporated by or organized under the
laws of this State, and transacting business in such other state ;
or upon the agents of any such mutual insurance company or
companies, then so long as such law or laws shall continue in
force, the same taxes, fines, penalties, deposits, statements, obliga-
tions and requirements which under such law or laws are or shall
be imposed upon any mutuaf insurance company or companies of
this State, shall be imposed upon all mutual insurance companies
doing business in this State, which are incorporated by, or organ-
ized under the laws of such other state, or states, and upon all
agents of such mutual insurance companies. And such insurance
company or their agents shall, firom and after the first day of Jan-
nary next, be liable to pay the same taxes, fines and penalties, to
make the same deposits and statements, and be in all respects under



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372 FIRE IN0VRANGB COMPANIES. [tiTLE XTIf*

and subject to the same obligations and requirements as are or
shall be imposed upon any of the mutual insurance companies of
this State, or upon their agents by the State, by, or under the laws
of which, said company is incorporated or organized. {Laws of
1852, chap. 1279, zee. 1.)

Sbc. 6. If, under or by virtue of the laws of such other state,
any mutual insurance company incorporated by, or organized an-
der the laws of this State, or its agents, is or shall be required Xo
make any deposit, oaths or statements to any oj£cer of said state,
not known or existing in this State, or to pay any taxes, fines or
penalties to such officer, then and in every such case, the mutual
insurance companies of such state, or their agents, doing business
in this State, shall make the same deposits with, and statements
to the secretary of this State, and shall be liable to pay the like
taxes and penalties to the treasurer of this State. {Laws o/1852,
chap. 1279, zee. 2.)

Sec. 6. It shall not be lawful for any person to act within this
State, as agent or otherwise, in receiving or procuring application
for insurance, or to issue policies of insurance, or in any manner
to aid in transacting the business of any mutual insurance com-

I)any or companies, not incorporated by or organized under the
aws of this State, until they have in all respects complied with
the provisions of this act ; and for every such violation the person
eo offending shall be subject to a penalty of five hundred dollars,
to be sued for and recovered in the name of the State by the State's
attorney, or by the solicitor of the county in which said offence
shall be committed ; and one half of the said penalty when recov-
ered shall be paid into the treasury of this State, and the other
half to the informant of such violation ; and in case of non-pay-
ment of such penalty, the party so offending shall be liable to im-
prisonment for a period not exceeding six months, in the discretion
of any court having cognizance thereof. {Laws of 1852, chap.
1279, sec. 3.)

Skc. 7. The governor, with advice of the council, shall ap-
point three suitable persons residing within the State, no one of
ivhom shall be a director or hold any other office in any insurance
company in this State, or shall have been such director, or held
any other office in any such insurance company, within the space
of one year prior to his appointment, as insurance commissioners,
who shall hold their office for one year and until others are duly
appointed and commissioned in their stead. {Laws of 1851, chap.
1111, sec. 1.) •

Sec 8. Said commissioners shall be removable, and the vacan-
cies may be filled at pleasure by the governor and council {Laws
of 1851, chap. 1111, sec. 2.)

Sec 9. It shall be the duty of some one of said commission-
ers, once at least in each year, without previous notice to the com-
pany, and as much oftener as the governor may require, to make
personally a full exaounation into the condition of each company



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CHAP. 154.] FIRE INSURANCE COMPANIES. 373

and the management of its affairs, inspect all their books, ascer-
tain the amount of property at risk, the amount of premium notes
constituting the capital stock of each, the amount of losses in
each year, the sums assessed, the amount of indebtedness, the sal-
aries or emolument of the president, secretary, treasurer, and each
director, and the whole amount each individual officer has received
or is to receive for his services per annum, the expense of adjusting
losses, the sum paid or allowed by the company for travel and per
diem, to officers or agents while attending to the same, the sum
paid agents for each application taken by the company, the rate
per cent and the aggregate amount allowed agents for collecting
assessments, and generally to make all such inquiries as may be
necessary to obtain a full and thorough knowledge in detail of all
its affairs, and whether it has violated any provisions of its charter,
and to report the condition of each insurance company to the legis-
lature annually during the first week of its session. (Laws of
1851, chap. 1111, sec. 3.)

Sec. 10. Such commissioners shall receive from each company
so examined, ten cents per mile each way for his actual travel to
make such examination, and two dollars for each day necessarily
employed in making such examination and report; but if there is
more than one company in any place he shall not tax more than
one travel nor more than his actual travel from one place of exam-
ination to another. {Laws of 1851, chap. 1111, sec. 4.)

Sec. 11. Any such commissioner may examine under oath all
the officers, agents or servants of any insurance company, or any
other person, in relation to the affairs and condition of such com-
pany, and may administer such oath personally. {Laws of 1851,
chap. 1111, sec. 5.)

Sec. 13. If such commissioners, upon examination into the
affairs of any insurance company, or for other good cause, shall
deem it unsafe for the public interest that such company shall
issue policies of insurance, or if the officers of any company shall
neglect or refuse to submit to any examination by them, or either
of them, or to furnish the necessary facilities for such examination,
they shall represent the same in writing, signed by a majority of
the commissioners, to one of the justices of the superior court of
judicature, and such justice shall forthwith issue an injunction to
the president and directors of said company, prohibiting it from
issuing any more policies until such injunction shall be dissolved,
and said commissioners shall cause the same to be served accord-
ing to law. {Laws of 1851, chap. 1111, sec. 6.)

Sec 13. After due notice and a full hearing on the part of
said company upon the matters aforesaid^ said justice may dissolve,
modify or continue said injunction, and make such further orders
and decrees as the circumstances and business of said company,
as the necessity of the case may require, according to the course
of proceedings in equity, until the legislature shall take action in
the premLses. '{Laws of 1851^ chap, llll, sec. 7.)



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874 I«IFE INSURANCE, [tITLE XYll.

Sec. 14. The {Nrovisions of this act (seven preceding sections)
shall not apply to any insurance company established under the
provisions of the one hundred and forty-fifth chapter of the revised
statutes, (152 of this compilation) when the articles of agreement
prohibit said company from effecting insurance upon property not
within the limits of the town or city where said company is estab-
lished. (Laws of 1851, chap. 1111, sec. 8.)



CHAPTER 155.

OF LIFE LNSURANCE.
IDENTICAL WITH

Chapter 967, Laws of IQoO.



SscnoK
1. iDSonnee lor the beaefit of manied
women and otheiB.



SxoTioir
9. Entitled to the beneUt of audi poficj
against erediton, &c



SscTioN 1. Any policy of insurance made by an insurance
company on the life of any person, expressed to be for the benefit
of a married w^oman^ whether the same be effected by herself or
by her husband^ or by any other person on her behalf, shall enure
to her separate use and benefit and that of her children, if any^
independently of her husband and of his creditors and representa-
tives, and also independently of any other person effecting the
same in her behalf, his creditors and representatives ; and a trustee
or trustees may be appointed by any court authorized to appoint
trustees, to hold and manage the interest of any manied woman
in any such policy or the proceeds thereof.

Sbc. 2. Where a policy of insurance is effected by any person
on the life of another, expressed therein to be for the benefit of
such other, or his representatives, or for that of a third person, and
when it is expressed in any policy of insurance by which a person
insures his own life, that it is made for the benefit of another, the
party for whose benefit such policy is made shall be entitled thereto
as against the creditors and representatives of the person so effect-
ing the same.



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CHAP. 156.]



MARRIAOB.



375



TITLE XVIIL

OF THE DOMESTIC RELATIONS.



Chapter 156.
Chapter 157.
Chapter 158.
Chapter 159.
Chapter 160.



Of maniage.

Of divorce.

Of husband and wife.

Of guardian and wud.

Of masters, apprentices and servants.



CHAPTER 156.

OS MABBIAGE.
IDENTICAL VC^ITH



Chapter 147 of the Revised Statutes, (except sec. 9, 10 and 11,
repealed by Lava of 1851, chap. 1103.)



Sbotiom

1. Men forbidden to many, whom.

S. Women forbidden to marry, whom.

3. Snch marriagea incestnons and Yoid.

4. Banns mast be published.

5. Certificate of publishment giren.

6. Who may solemnize marriages.

7. Feet for solemnizing marriages.

6. Not to affoct maniage of Quaken.



Sbction
9. Penalty for solemnizing a maniage
not authorized.

10. Penalty for solemnizing marriage by

person not authorized.

11. Copy of record of marriage to be

presumptire evidence thereof.

12. Marriages not yoid though irregular.
18. Age of consent, in Ibmales, IS ; in

malea,14.



Section 1. No man shall marry bis father's sister, mother's
nster, father's widow, wife's mother, daughter, wife's daughter,
eon's widow, sister, son's daughter, daughter's daughter, son's
son's widow, daughter's son's widow, brother's daughter or sister's
daughter.

Sec 2. No woman shall marry her father's brother, mother's
brother, mother's husband, husband's father, son, husband's son,
daughter's husband, brother, son's son, daughter's son, son's daugh-
ter's husband, daughter's daughter's husband, brother's son or sis-
ter's son.

Sec. 3. Every marriage contract by parties within the degrees
prohibited by the two preceding sections, is incestuous and void,
and the issue of such marriage illegitimate.

Sec 4. All persons residiog in this State, proposing to be
joined in maniage, shall have their intention published on three



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376 MARRIAOB. [title XVIII.

several public meeting days, in the respective towns where the
parties dwell, by the clerks of such towns. If either party lives
in a town where there is no clerk, such publishment shall be made
in some town next adjoining.

8ec. 5. Such town clerk shall give to either of said parties a
certificate under his hand, that the intention of marriage between
said parties has been published as is above provided, which certifi-
cate shall be produced to the magistrate or minister who is to
marry said parties, before such marriage is solemnized ; for which
certincate said clerk shall receive fifty cents.

Sec. 6. Manriages may be solemnized by any justice of the
peace, within any county for which he is commissioned, and
throughout the State by any minister of the gospel who has been
ordained according to the usages of his denomination, and who
resides within this State and is in regular standing with the de-
nomination to which he belongs.

Sec. 7. The persons so joined in marriage by any minister or
justice, shall pay such minister or justice one dollar.

Sec. 8. Nothing contained in this chapter shall affect the right
of the people called Friends or Quakers to solemnize marriages in
the way usually practised in their meetings, but all marriages so
solemnized shall be valid.

Sec 9. If any minister or justice of the peace shall without
a certificate of publishment as hereinbefore provided, or shall, con-
trary to the provisions of this chapter, join any persons in mar-
riage, he shall forfeit for each offence sixty dollars to the use of the
parent, master or guardian of either of the parties who will first
sue therefor.

Sec. 10. If any person not authorized by this chapter to sol-
emnize marriages, shall join any persons in marriage with or with-
out publishment, he shall be punished by fine not less than one
hundred nor more than three hundred dollars, one half to the use
of the complainant and the other half to the use of the county in
which the offence is committed.

Sec 11. A copy of the record of any mania^e, certified by
any such minister, justice, clerk of the people called Friends, or
town clerk, shall be received in all courts and places as evidence of
the fact of such marriage.

Sec 12. No marriage solemnized before any person professing
to be a justice of the peace or minister of the gospel, shall be void,
nor shall its validity be in any way affected, on account of any
want of jurisdiction or authority in such supposed justice or min-
ister, or on account of any omission or informality in the publica-
tion of the intention of marriage, if the marriage is in other respects
lawful, and consummated with the belief on the part of either of <
the parties to the marriage, that they have been lawfully married.

Sec 13. The age of consent shall be deemed to be, in the
case of a female, twelve years, and in the case of a male, fourteen
years.



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CHAP. 157.]



DIVORCE.



377



CHAPTER 157.

OF DIVOBCE,
COMPILED FROM

Chapter 148 of the Revised Statutes.
« 740, Laws of 1848.



SxonoN

1. MArriages, when nail and roid.

2. Decree of nallity, how obtained.

3. Caoses of divorce.

4. When sach cause is complete.

5. Not gpranted nnless cause still exists.

6. Libels, where to be brought

7. Libels to state cause of divorce.

8. Guardian for libellee, how appointed.

9. Maniage, how proved.



Sbction

10. During pendency of libel, wife and

children how protected.

11. Legitimacy of children, how affected*

12. Support and custody of children.
IS. Alimony decreed to the wife.

14. Decree of alimony, how made.

15. Security for payment required.

16. Decree may be revised, and costs

awarded.



Section 1. All marriages prohibited by law on account of the
consanguinity or affinity of the parties, or where either has a for«
mer wife or husband living, knowing such wife or husband to be
alive, shall, if solemnized in this State, be absolutely void without
any decree of divorce or other legal process.

Sec 2. If any doubt exists in any case whether any marriage
is void, or as to the effect of any former decree of divorce or nul-
lity between the parties, a libel may be filed as in other cases, and
a decree of divorce or nullity pronounced accordingly.

SEOb 3. A divorce from the bond of matrimony shall be decreed
for the following causes, in favor of the innocent party : for impo-
tency, adultery, extreme cruelty, or conviction of crime and actual
imprisonment in the state prison of either party ; when either party
has so treated or shall so treat the other as seriously to injure health
or endanger reason ; or has been absent three years together and
has not been heard of; or is an habitual drunkard, and has been
or shall have been such for three years together; or shall have
joined any religious sect or society which professes to believe the
relation of husband and wife to be unlawful, and refused to co-
habit with such other for the space of six months ; when the hus-
band shall have willingly absented himself from the wife for the
space of three years together, without making suitable provision
for her support and maintenance ; or when the wife of a;iy alien
or citizen of another state, living separate, shall have resided in
this State for three years together, he having left the United States
with the intention of becoming a citizen of some foreign country,
and not having during that time come into this State and claimed
his marital rights, and without making suitable provision for her



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878 DiYOBOB. [titlb xthl

support and maintenance ; when either party, withoat Baffident
cause and without the consent of the other, shall have abandoned
such other, and refused for three years together to cohabit witli
such other. {R. £L, chap. 148, sec. 3, as amended by laws o/l&lS,
chap. 740.)

Sec. 4. If any cause exist which, if it continue for the space
of time prescribed in the preceding section, will be a cause of
divorce, and such cause shall continue to exist for such fbrther
space of time as together to constitute the time so prescribed, or if
such cause has already existed for the time so prescribed, and shall
continue for the further space of not less than one month, it shall
be a suflScient cause of divorce.

Sec. 5. No divorce shall be granted for any cause except
adultery, unless such cause shall be in existence at the time of
filing the petition for such divorce.

Sec. 6. All libels for divorce shall be brought in the county in
which the parties or one of them live, and before the supaior
court of judicature holden in and for such county, and such notice
of the pendency thereof shall be given to the libellee, personal gi
otherwise, as the court shall order.

Sec 7. Every libel shall state the cause or causes of divoioe,
and shall be signed by the libellant, if of sound mind and of the
age of legal consent ; otherwise by the parent, guardian or next
firiend of such libellant

Sec 8. If the libellee is insane, the court may appoint a
guardian to appear and answer for such libellee, as is done for an
infant defendant at common law.

Sec 9. Upon any hearing for divorce, the admission of the
marriage by the party against whom the process is instituted, gen-
eral repute, the fact of cohabitation, or any other circumstantial oi
presumptive evidence from which the marriage may be infiosed,
shall be competent evidence for the consideration of the court

Sec 10. After the filing of a libel for divorce, the superior
oourt of judicature sitting in any county, or any judge thereof
may, on petition of the wife, prohibit the husband from imposing
any restraint upon her personal liberty during the pendency of the
libel, and may also, on the petition of either pcurty, make such order



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 40 of 80)