Lakeman v. Moore

The opinion of the court was delivered by

Sawyer, J.

This is an action of debt against the defendant, a justice of the peace, to recover the penalty prescribed by sec. 12, chapter 147, Revised Statutes, for joining in marriage a *411minor son of the plaintiff, without a certificate from the town clerk of the publication of intention of marriage. The marriage was solemnized on the 29th day of June, 1854, and this action was commenced on the 8th day of September following.

The provisions of sec. 4, chapter 147, require the parties to a proposed marriage to cause their intentions to be published by the…