The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-06-02

SPECIAL rrna, JAsuAny, 1860.

Marshal +. Bates Va. Ezra G.
stokes.
OPINION % rmE COURT DELIVERED
NY JUDGE EI.LE1.
This isa qui tam action brought by
Stokes against Hates, who was clerk
Of the Probate Court Of Amite coun-
~ to recover the penalty imposed by
statute, REV. Code, 332, Ar. o. for
unlawfully issuing a license for the
marriage Of the daughter Of the
plaintiff, without bis consent, she
being under age. II appeared In
evidence that the father and daughter
both resided, at the time Of issuing
the license, In the State Of Louisiana.
The Court, at the instance Of the
the plaintiff, charged the jury that
if they believed from the evidence
"'that the clerk Of the Probate Court,
or his deputy, issued a license 10 eel
citrate the rites Of matrimony between
Il. A. May and Ann Jane Stokes,
without the consent Of her father,
the plaintiff, either in writing or YER
balIy, aud that said Ann Jane at the
time resided In the State Of LOU
isiana, and was within the ago Of
eighteen years, then they may find
for the plaintiff, although there BIO no
evidence that the marriage was sol
cmniEed.D
The statute Is mainly designed TO
regulate marriages between citizens
Of the State, to protect the rights Of
parents and to provide record evil
dencc Of their solemnimiion. Ao-
cordingly, the sixth article cnacts
that marriage licenses shall be granted
and issued by the clerk Of tho Pro-
late Court Of the county In which
the female usually resides. There i
no provision Of law expressly author
ling the Issuance Of a license in any
case In which the female does not re-
side In the State. We do not deny
the propricty Of issuing licenses in
such cases, and Of preserving the
record Of uch marriages. But the
regulations and restrictions prescribed
In the said article, an provided for
cases coming within is purvicw, In
which licenses are thereby authorized
to be granted, and the severn penal
tics imposed for issuing a license
without the requisites therein pre-
scribcd, or in any other manner than
thcrein mentioned, can only be appli-
cable 10 cases in which the clerk
might lawfully issue the license, ON
compliance with the conditions. The
clerk, IN granting a license, acts at
his peril, aud IL either Of the parties
turns out 10 have been under age,
and the consent Of the parent was
not given, he Is liable 10 the penalty.
Octierly vs.. Yeamans, not rrported.)
When the female resides in his coun-
~, II v not unreasonable to require
the clerk TO ascertain the ages Of the
parties, but Il would be unreasonable
to hold him TO this responsibility
wher the parties are domiciled in
another State. Penal statutes arr 10
he construed strictly, and are not 10
he extended by Implication 10 cases
not clearly within the scope Of their
provisions. The Court below, there
ssse, erred In the instruction 10 the
Jury that they might find for the
plaintiff, Notwithstanding the resi-
dencs Of the parties In the State o.
L,uisiana.
The jsdencnt viii be reversed
aud the cnase remand<si.
esEcsAL Trnu, yAsrAny. 1866,
John \. Thsnshsr " John Buck
ingham & Co.
orTxIox or rnx corRr pxLIvEHgl
~ CHIEF susrIcE HANDY.
This was . punishment issued O
jndement in favor Of the defend
a6la. n error, sgninst Henry I. II
VI, administrator Of Joseph l
Bdrr, upaa which the plaintiff /