USA > Maryland > A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland; > Part 14
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122
LAWS OF MARYLAND ON RELIGIOUS MATTERS.
ARTICLE LXII. MARRIAGES.
1. If any person within this State shall marry within any of the degrees of kindred or affinity expressed in the following table the marriage shall be void.
2. A man shall not marry-
His grandmother. His grandfather's wife. His wife's grandmother.
His father's sister. His mother's sister.
His mother. His stepmother.
His wife's mother.
His daughter. His wife's daughter.
His son's wife.
His sister.
His son's daughter.
His daughter's daughter.
His son's son's wife.
His daughter's son's wife.
His wife's son's daughter.
His wife's daughter's daughter
His brother's daughter. His sister's daughter.
A woman shall not marry-
Her grandfather. Her grandmother's husband. Her husband's grandfather.
Her father's brother. Her mother's brother.
Her father. Her stepfather.
Her husband's father.
Her son. Her daughter's son ..
Her husband's son. Her daughter's husband. Her brother. Her son's son.
Her son's daughter's husband. Her daughter's daughter's husband. Her husband's son's son. Her husband's daughter's son. Her brother's son. Her sister's son.
123
LAWS OF MARYLAND ON RELIGIOUS MATTERS.
3. All marriages heretofore made and celebrated in or out of this State, by and between persons related within the following degrees of affinity, to wit : a man and his niece, or a woman and her nephew, are hereby con- firmed and made valid, to every intent and purpose, from the time of the celebration of such marriages respectively ; and every such marriage shall be held and taken by all courts of this State to be good and sufficient in law to all intents and purposes. [Passed, March 9, 1860.]
4. No person within this State shall be joined in marriage until a license shall have been obtained from the clerk of the circuit court for the county . in which the marriage is to be performed, or if in Baltimore City, from the clerk of the court of common pleas, or unless the names of the parties intending to marry shall be thrice published in some church or house of religious worship in the county where the woman resides on three several Sundays by some minister residing in said county ; provided, nevertheless, that any person within this State may marry according to the ceremony used by the society of people called quakers, the contracting parties signing a certificate to the effect that they have agreed to take each other for husband and wife, and said certificate being attested by at least twelve witnesses ; and provided, further, that the said certificate shall, within sixty days, be recorded either amongst the records of the society to which either of the contracting parties may belong, or in some court of record'in the city or county in which the said marriage may be accomplished. The license required by this article shall be in the following form, to wit;
State of Maryland, and county of - - -, to any minister of the Gospel, or other officer or person authorized by the laws of this State to solemnize marriage, you are hereby authorized to join together in the holy state of matrimony, according to the rules and ceremonies of your church, society or religious sect, and the laws of this State, A. B. and C. D. Given under my hand and the seal of the circuit court for county, [or the court of common pleas of Baltimore City, ] at -- this - - day of - A. D., one thousand
-Clerk.
The license shall have appended to it two certificates framed to corres- pond with said license, which shall be in form as follows: I hereby certify that on this day of - one thousand at
_ A B - and C D -
- were by me united in marriage in accord- ance with the license issued by the clerk of the - - court for county (or city,) Maryland ; which certificates shall be signed by the minister or other person who performed the ceremony, giving his name and official character ; one of the said certificates shall be handed to the con- tracting parties, and the other shall, within thirty days from the date of the marriage, be returned to the clerk of the court from which it was issued.
5. Before the clerk of any of said courts shall issue any such license, he " shall examine, on oath, the person making application for the same, to ascertain first, the full names of the parties ; second, their places of residence; third, their ages ; fourth, their color ; fifth, whether married or single ; sixth, whether related or not, and if so, in what degree of relationship ; which facts shall be set out in a printed form, to be signed by the person making the application.
.
124
LAWS OF MARYLAND ON RELIGIOUS MATTERS.
6. The clerk of each of said courts shall procure and keep a suitable and well bound book in his office and among his records, to be called "The . Marriage License Book," in which he shall make a complete record of the issuing of said license, and all the matters which he shall be required to as- certain, relative to the rights of said parties to obtain said license, in which record shall appear in regular order the items testified to by the applicants for the marriage license as above set forth ; and the names of each of the contracting parties shall be properly indexed ; and upon the return of the cer- tificate aforesaid, it shall appear in said record when the same was filed, and the name of the minister, or other person or persons by whom the ceremony was performed.
7. No such license shall issue unless the male be above the age of twenty-one years, and the female above the age of sixteen years ; provided, however, that if the parents or guardian assent thereto in person, or by writing, attested by two witnesses, such license may issue, and the fact of such assent shall be made part of the record aforesaid.
8. If, in the course of the examination of any applicant for a marriage license, it shall appear to the clerk'of the court that any legal impediment exists under the laws of this State, why the said parties shall not be joined in marriage, he shall withhold said license, unless ordered by the court of which he is clerk, to issue the same.
9. A certified copy of the record of said marriage license and certificate under the hand of said clerk and seal of said court, shall be received in all courts of this State as prima facie evidence of said marriage between the parties named therein.
10. The clerk of the court shall receive one dollar for every license issued as aforesaid, and for the performance of the other duties required by this article.
11. Such license, when produced, shall be full authority to any minister or other person authorized to marry, receiving the same, to proceed with the marriage of the parties named therein ; provided, that should any minister or other person marry persons without such license, he shall on conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars, in the discretion of the Court; and provided further, that any minister or other person so performing such marriage ceremony, who shall fail to return within the period of thirty days from the date of such marriage, to the clerk of the Court issuing said license, one of the certificates of marriage mentioned in section four of this article, shall on conviction thereof be fined not less than ten dollars.1
11 A. In all cases when marriages shall be celebrated after publication of banns, it shall be the duty of the minister celebrating the marriage to make two certificates in the following form: I hereby certify that on this day of - one thousand - -, at -, A - and B C D- -, were by me united in marriage ; the names of said parties having first been thrice published on three several Sundays in -, a house of religious worship, - county, State of Maryland, by a minister resident in said county, which he shall sign, giving his
1. Amended thus, 1894, c. 94.
125
LAWS OF MARYLAND ON RELIGIOUS MATTERS.
name and official character, and immediately after he has celebrated the marriage, the minister shall give one of the certificates to the persons whom he has married, and he shall transmit one of the certificates to the clerk of the circuit court for the county where the marriage was celebrated, or to the clerk of the court of common pleas of Baltimore City, if the mar- riage be celebrated in Baltimore City, who shall record the same in a book kept for that purpose, receiving a fee of fifteen cents for recording each certificate, to be paid by the minister sending the certificate for record, a copy of such certificate of the minister when recorded in the clerk's office hereinbefore provided, certified to by the clerk under the seal of his office shall be prima facie evidence of the fact of such marriage.1
11 B. Any minister who shall fail within sixty days to transmit the cer- tificate to the clerk for record shall be subject on conviction to a fine of ten dollars for each offence.1
12. The circuit court for the several counties and the superior court of Baltimore City, may, upon petition of either of the parties, inquire into, hear and determine, and the circuit court for the several counties and the criminal court of Baltimore, on indictment, may inquire into, hear and determine the validity of any marriage, and may declare any marriage contrary to the table in this article, or any second marriage, the first sub- sisting, null and void ; and on appeal the depositions and evidence given in the cause shall be transmitted with the record to the Court of Appeals, and thereupon such cause shall be heard, determined and adjudged de novo.
13. All marriages heretofore made and celebrated in this State prior to March 22, 1867, by and between colored people, are hereby confirmed and made valid, to every intent and purpose, from the time of the celebration of such marriages respectively ; and every such marriage shall be held and taken, by all courts of this State to be good and sufficient in law to all intents and purposes : Provided, that in every case the parties claiming to have been married by a competent person shall, by sufficient proof before some justice of the peace, establish the fact of having been so married, a certificate of which shall be filed with the clerk of the circuit court for the county in which said marriage was celebrated, or the court of common pleas of Baltimore City, and be preserved with the register of marriage licenses in the office of the said clerk.
ARTICLE LXXXI. REVENUE AND TAXES.
EXEMPTIONS FROM TAXATION.
By section 4, as amended by Act of 1896, c. 120, the provisions of law levying taxes shall not apply to the following, among other property mentioned :
"To houses or buildings used exclusively for public worship, nor to the furniture contained therein, nor to the parsonage connected therewith, nor to the grounds appurtenant to such houses, nor to buildings so exclu- sively used for public worship or as parsonages which are necessary for
1. These sections added by 1890, c. 465.
126
LAWS OF MARYLAND ON RELIGIOUS MATTERS.
the respective uses thereof; nor shall the provisions of this article apply to graveyards, cemeteries or cemetery companies which do not accumulate profits for any purpose except for the maintenance or improvement of such cemeteries or graveyards as cemeteries or graveyards, nor to bury- ing grounds set apart for the use of any family or belonging to any church or congregation ; * nor to buildings, equipment and furniture of hospitals, asylums, charitable or benevolent institutions, or to the grounds appurtenant thereto, in any city or incorporated town of this State which is necessary to the respective uses thereof, nor to the buildings, equip- ments and furniture of hospitals, asylums, charitable or benevolent institu- tions in any county of this State, but not within any city or incorporated town of this State, nor to the ground not exceeding forty acres appurte- nant respectively thereto, which is necessary for the respective uses thereof, nor to the buildings, furniture, equipment or libraries of incor- porated educational or literary institutions, or to the ground appurtenant thereto in any city or incorporated town of this State which is necessary for the respective uses thereof ; nor to the buildings, equipment or libraries of incorporated educational or literary institutions in any county of this State, nor to the ground not exceeding forty acres, appurtenant respec- tively thereto, which is necessary for the respective uses thereof."
INDEX.
Absentees from Convention, 10. Accumulating Episcopal Fund, 58. Acts of Assembly, 79-126. Act of General Incorporation, 117. Advocate, Church, 17. Archdeaconries, 15.
Assessments, 11, 56.
Auditing accounts, Committee on, 69.
Baltimore City Prot. Episc. Mission- ary Committee, 14, 110.
Banns of Marriage, 123, 124.
Bishop, election of, 6; Salary of, 58 ; Official Expenses of, 58 ; Rights of in Convention, 6.
Burials, 24, 84.
Canons of Maryland, 9-28 ; of Gen- eral Convention, 29-41.
Change of Church Name, 59.
Chapel of Good Shepherd, Howard Co., 60.
Charities, Board of Church, 50.
Charter of Convention accepted, 42, 47, 56.
Christ Church, Baltimore, 97-100. Church Building Fund, 58. Church Home and Infirmary, 61.
Churchwardens, Report on duties of, 44; Duties of, 26, 30, 34, 82.
Clergy (see also Ministers, and Rec- tors.) Rights of to seats in Con- vention, 5, 9; Support of, 16 ; Ab- sent from Convention, 10; Discip- line of during vacancy in Episco- pal Office, 19 ; Renouncing minis- try, 20; Trial of, 17, 18, 19; Mode of compelling attendance of, 20.
College of St. James, 91-92.
Colored People, Services for, 59.
Committee, Standing, 7, 18, 19, 24 ; of Missions, 13, 59, 60; of Ways and Means, 52; on Donations, 57; Auditing, 69.
Common Prayer, use of Book of, 37.
Communicants, exclusion of, etc., 23; Changing Parishes, 39, 62.
Congregation, new, erection of, 12, 69.
Consecration of Churches, 38. Constitution, 5-8.
Convention of Maryland, time and place of meeting, 5; Rights to seats in, of Clergy, 5, 9 ; of Laity, 5 ; Quorum, 6; President of, 6, 7; Special meetings, how called, 6, 7 ; Secretary of, 7, 10, 55 ; Treasurer of, 10, 69; Absentees from, 10; Acts of Incorporation of, 88-91; Acceptance of same by Conven- tion, 42, 47, 56; Rights of Bishop in, 6.
128
INDEX.
Corporations, 112-120. Court, Ecclesiastical, 18. Curtis Bay property, 65.
Dalrymple Library, 66-67.
Danish Emigrants, 61.
Deaconesses, 29.
Declaration of certain Rights of Protestant Episcopal Church, 3.
Declaration of Rights (State of Maryland, 1867), 79.
Degrees, Table of, 122.
Delegates to Diocesan Convention, 5, 42, 78; to General Convention, 26; expenses of, 11.
Destroying Church property, 121.
Dimissory Letters, 33.
Diocese, Division of, 52, 65, 70 ; Seal , of, 58.
Disabled Clergymen, 5, 10, 13, 65.
Discipline, of Clergy, 17-21 ; of Laity, 23, 39-40.
Divorce, Canon of, 40.
Donations, Committee on, 57.
Educational Fund, Theological, 56.
Enrollment, Form of Parochial, 77; Duty of Register, 80.
Episcopal Fund, 42, 69 ; Accumulat- ing, 58.
Episcopal Library, 52-55, 60.
Exemptions from Taxation, 125.
Expenses, Defraying certain, 11; Official expenses of Bishop, 58.
Family Worship, 22.
Forms and Instructions, 71-78.
Funerals, Tolls from, not to be col- lected, 121.
General Convention, Canons of, 28- 41; Deputies to, 26; Resolutions of, 70.
Hannah More Academy, 55, 108. High Street Property, 68. Holy Orders, Candidates for, 56.
Incorporation, Acts to authorize, 112-116; General Incorporation Act, 117-120.
Instructions and Forms, 71-78.
Investments, 44, 51.
Journal of Convention, 7, 10, 34, 64.
Laity, Canons concerning, 22-23, 39-40.
Lay Delegates, 5, 42, 78. Lay Readers, 28.
Liberty, Religious, 3.
Librarian, Salary of, 55.
Licenses, Marriage, 123, 124.
Liturgy, Revision of the, 4; Use of, 12, 37.
Marriage, Laws of Maryland, 121, 122-125; Table of Degrees, 122. (See Divorce.)
Maryland Code of 1888, Pub. Gen. Laws, 117-126.
Maryland Episcopal Library, 52-55. Ministers, Support of, 16. (See . Clergy.) .
-
129
INDEX.
Missionaries, Title of to Seats, 5; Appointment of, 14.
Missions, Diocesan, 13-15; Commit- tee of, 13, 59, 60; Baltimore City Missionary Committee, 110.
Nominations, list to be printed, 66.
Oath for Vestrymen, 78, 81.
Orders; of Ministers, 3, 4; Candi- dates for, 56; Vote by, 6.
Parishes, Boundaries of, 32, 44; Erec- tion of new, 12, 71, 86; Vacant, 25 ; Defunct, 13. Parish Registers, 24.
Parochial Reports, 11, 31, 61.
Presentment, Form of, 17.
Pastoral Aid, 13, 14, 59, 65.
Permanent Sustentation Fund, 16, 56,
Persons not Ministers in this Church not to officiate therein, 30.
Poole Fund, 66.
Prayer Book, use of, 37.
Quorum, of Convention, 6; of Com- mittees, 15 ; of Vestry, S1.
Readers, Lay, 28. Records, 50, 59, 62.
Rectors, Rights of in Vestry, 82, 113, 119; Liabilities of, 82; Asso- ciate, 83, 87; Form of Call to, 64. (See Ministers and Clergy.)
Register, Parish, 24; of Vestry, 63, 83, 84.
St. James, College of, 91-92.
St. John's Church, in Harford and Baltimore Counties, 106.
St. John's Church, Queen Caroline Parish, in Anne Arundel Co. [now Howard,] 107.
St. Paul's Parish, Baltimore, 100-102. St. Peter's Church, Baltimore, 92-97.
Salary of Bishop, 58; of Assistant Bishop, 52; of Secretary, 55; of Librarian, 55.
Seal of Diocese, 58.
Seats in Convention, Rights of clergy to, 5, 9.
Secretary of Convention, 7, 10, 55, 60, 64, 66.
Sentences, Ecclesiastical, 21.
Sermons before Convention, 42.
Standard Prayer Book, 35. Standing Committee, 7, 18, 19, 24. Stinnecke Maryland Episcopal Lib- rary, 52-55.
Stone, Bishop, Portrait of, 63. Sunday, Observance of, 37, 57. 4 Superannuated Clergy Fund, 65. Sustentation Fund, 16, 56.
Taxation, Exemptions from, 125. Temperance, 57.
Tolls from funerals, 121. Trial of a Clergyman, 17, 19-22.
Vacant Parishes, 25.
Vestries, rights and duties of, 5, 9, 11, 16, 21, 23, 24, 25, 30-32, 38, 39, 41, 47-50, 64, 80-88, 115, 116, 120.
180
INDEX.
Vestry Act, The, 80-86; Supplements to, 86-88 ; Amendment declined, 68. Report on Legal Capacity of Vestries, 47; Vestries must pro- vide a Parish Register, 24, 83; Must answer Bishop's Visitation queries, 31. May not pay salaries out of their principal, 86 ; Regular meetings of, 81, 87 ; Special meet- ings of, 81, 84; Qualification of Vestrymen, 64.
Vote by Orders, 6.
Voters, Parochial, 63, 80, 87.
Wardens, (See Churchwardens.) Warfield College, 62, 64.
Ways and Means, Committee of, 11, 52.
Whittingham, Bishop, Gift of his Library, 52-55 ; Will of, 54; Por- trait of, 62.
Widows and Children, etc., Corpo- ration for relief of, 103-105.
Worship, Family, 22.
Price 35 Cents.
A COMPILATION
CONTAINING THE
Constitution and Canons
OF THE
PROTESTANT EPISCOPAL CHURCH .
IN THE
Diocese of Maryland;
SELECTED CANONS OF THE GENERAL CONVENTION ; RESOLUTIONS, ETC. :
AND
LAWS OF MARYLAND
RELATING TO
RELIGIOUS MATTERS.
PUBLISHED BY ORDER OF THE CONVENTION.
BRARY OF CONG OFFICE OF
MAR 23 1898
CUSHING & CO .; E. ALLEN LYGETT.
BALTIMORE. Rug
©rights
Ist COPY, 1898. TWO Ao1-
13047
١
LIBRARY OF CONGRESS Branch Bindery, 1903
LIBRARY OF CONGRESS 0 027 261 200 6
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