Failing to return marriage certificate, etc. This statute is an amendment to a former statute which was held to operate as a repeal. 1 R. S. 1852, sec. 11, p. 362. See 14 Ind. 185. FORM AND CONTENTS. Information held sufficient.-The information in this case, charging that the defendant, a justice of the peace of, etc., at, etc., solemnized a marriage between, etc., and failed to return and file in the clerk's office a certificate of the marriage, with the license therefor, within three months, etc., contrary, etc., is good. Section 54, 2 R. S. p. 441, by implication, repeals § 11 of the act regulating marriages, if the latter section would otherwise have any force, 14 Ind. 302. Same. An indictment was found at the April term, 1841, etc., in substance as follows: That the defendant being a justice of the peace, etc., did, on, etc., at, etc., solemnize a marriage between Justin Wait and Submit Flint, by virtue of a license issued by the clerk, etc., the said S. Flint being a resident of the county, and the parties competent to contract, etc.; and that the defendant having solemnized the marriage, failed and neglected to file in the clerk's office a certificate of the marriage within three months after the same was solemnized, and for a long time thereafter, viz., for one year, etc. Plea in abatement, that the names of the grand jurors were not selected or caused to be selected by the board doing county business, etc., at their May session in 1840, from the list of taxable persons, etc. Held, that the indictment was good and the plea bad. 6 Blackf. 422. Statute of 1838.-Indictment against a magistrate, under the statute of 1838, for not filing in the clerk's office, in due time, a certificate of the solemnization of a marriage. The indictment showed that three months and fourteen days had elapsed from the time of the marriage to the filing of the certificate. Held, that the indictment could not be sustained. 8 Blackf. 163. The 15th and 20th sections of chap. 35 of R. S. 1843, on the subject of officers returning certificates of marriage, do not create a distinct offense each month. After the expiration of three months the officers so solemnizing the marriage shall fail to file such certificate. 2 Ind. 227. The statute of limitations begins to run at the end of three months. Ibid. Solemnization of marriage contrary to law. SEC. 28. SOLEMNIZATION OF MARRIAGE CONTRARY TO LAW. 1. By an unauthorized person. SEC. 12. If any person shall undertake to join others in marriage, knowing that he is not lawfully 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 imprisonment in the county jail for a term not exceeding three months. 1 R. S. 626. CHARGE. day of —, in the year That A. B., on the at said county, he not being then and there lawfully authorized to join others in marriage, and he then and there well knowing that he was not lawfully authorized to join others in marriage, unlawfully undertook to solemnize a marriage between E. F., and C. D., and to join them in marriage by a pretended marriage ceremony whereby he, the said A. B., then and there declared them to be man and wife. Bicknell's Crim. Pr. 473. 2. Solemnizing marriage in violation of Act, March 5, 1852. SEC. 2. The following marriages are declared void: First. When either party had a wife or husband living at the time of such marriage. Second. When one of the parties is a white person, and the other possessed of one-eight or more of negro blood. Third. When either person is insane or idiotic, at the time of such marriage. 1 R. S. 624. SEC. 10. If any person empowered to solemnize marriage, shall join any person in marriage contrary to the provisions of this act, he shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. 1d. 626. See further, as to what marriages are void, Act March 10, 1873. 2 R. S. 324. CHARGE. day of, in the year That A. B., on the at said county, was a justice of the peace within and for said county, and, as such justice of the peace, was then and there lawfully empowered Marriage between whites and blacks. and to solemnize marriages where the same were allowed by law; that the said A. B., as such justice, did then and there unlawfully join in marriage one C. D. and one E. F., she, the said E. F. being then and there idiotic and of unsound mind, and, therefore, incapable of entering into the contract of marriage, and he the said A. B. then and there well knowing the said E. F. to be idiotic and of unsound mind, and incapable of entering into the said contract of marriage. SEC. 29. MARRIAGE BETWEEN WHITES AND BLACKS. Marriages between white persons and persons possessed of one-eight or more of negro blood are void. Act March 5, 1852, sec. 2, 1 R. S. 624. SEC. 47. No person having one-eight part or more of negro blood shall be permitted to marry any white woman of this state, nor shall any white man be permitted to marry any negro woman, or any woman having one-eighth part or more of negro blood, and every person who shall knowingly marry in violation of the provisions of this section, shall, upon conviction thereof, be imprisoned in the state's prison not less than one, nor more than ten years, and be fined not less than one thousand nor more than five thousand dollars. 2 R. S. 446. CHARGE. That A. B., a man having more than one-eighth part of negro blood, on the day of, in the year at said county, unlawfully and feloniously married and took to wife one C. D., a white woman of the State of Indiana. Fourteenth amendment-Civil rights bill.-Neither the fourteenth amendment to the constitution of the United States nor the civil rights bill passed by Congress has impaired or abrogated the laws of this state on the subject of the marriage of whites and negroes. Such a union between members of the different races is a criminal offense by the statutes of this state. 36 Ind. 389. See 6 Ind. 548. Counseling or assisting marriage between whites and blacks. SEC. 39. Every person who shall knowingly counsel, or assist in any manner, in any marriage between any person Usurpation of office-Law of common carriers, violation of. 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. 2 R. S. 473. CHARGE. in the year That A. B., on the day of as said county, unlawfully counseled and assisted in a certain marriage then and there being performed and solemnized by one C. D., a justice of the peace, between one E. F., a white man, and one G. H., a woman having more than one-eighth part of negro blood, by then and there unlawfully acting as a groomsman and witness at said marriage. SEC. 30. USURPATION OF Office. SEC. 20. Every person who shall officiate in any place of authority, without being legally authorized, shall be deemed guilty of usurpation, and, upon conviction, be fined not exceeding five hundred dollars. 2 R. S. 466. CHARGE. in the year and on That A. B., on the day of divers other days and times between that day and the day of making this presentment, unlawfully officiated in a certain place of authority at said county, to-wit, in the office and place of township trustee of township, in said county, he, the said A. B., then and there not being legally authorized to officiate in said office and place. SEC. 31. LAW OF COMMON CARRIERS-VIOLATION OF. SEC. 1. It shall not be lawful, from and after the taking effect of this act, for any officer or agent of any railroad company, steamboat, or other public conveyance of passengers for hire or reward, or for the operator or operators, manager or managers (or his or their agent or agents), of any such railroad, steamboat, or other public conveyance, to issue or sell any pass, ticket, or coupon of a ticket, or certificate evidencing the holder's right to travel over or be transported in or upon such railroad, steamboat, or other public conveyance, Law of common carriers, violation of. subject to any condition contained in or indorsed upon, or appended to such pass, ticket, coupon, or certificate, whereby the liability of such carrier shall be abridged or limited, or whereby the rights of the holder of such pass, ticket, coupon, or certificate shall be decreased or abridged, unless such conditions shall be printed in nonpareil type, or in type or characters as large or larger than nonpareil type. Any such officer, agent, operator, or manager, or the agent of such operator or manager, who shall violate the provisions of this section of the act, shall, upon conviction thereof, be fined not less than ten dollars, nor more than one hundred dollars, for each pass, ticket or coupon which he shall issue or sell, contrary to the provisions of this section. Provided, however, That nothing herein shall be held or construed to change, or in any mauner effect the law as it now exists, regulating the liability of common carriers, or to enlarge their right to limit, or restrict their liabilities on account of having such attempted limitation printed, as required by this act. SEC. 2. That it shall be the duty of the owner or owners, or operator or operators, of every railroad and steamboat or other public conveyance for the transportation of passengers for hire, or reward, to provide each agent, who may be authorized to sell tickets or other certificates evidencing the right of the holder thereof to travel or be transported upon such railroad, steamboat, or other public conveyance, with a certificate, setting forth the authority of such agent to make such sales, which certificates shall be signed by the managing officer, and duly attested by the corporate seal of the owner or operator of such railroad, steamboat or other public con veyance. SEC. 3. It shall be the duty of the owner or owners, operator or operators, of every railroad, steamboat, or other public conveyance of passengers for hire or reward, to provide at each agency for the sale of tickets, for the redemption of the whole of any ticket or any part or parts, or coupon of any ticket, which they may have sold, and which the purchaser, for any reason, shall not have used, at the following rates, namely: where the whole ticket is presented for redemp |