as the register of deeds for the like services. St. 1840, ch. 25. For publishing the banns of matrimony, recording the same, giving a certificate thereof, and recording the marriage, upon receiving the minister's or justice's certificate thereof, fifty cents, to be paid on delivering the certificate of publishing the banns. R. S. ch. 122, § 11. For recording births and deaths, eight cents each, or a certificate of a birth or death, ten cents. 16. § 12. For copies of town records and other documents, furnished to any person at his request, if containing less than one page, ten cents, and if containing more, at the rate of twelve cents a page. lb. A page, when the measure of computation for fees, means two hundred and twenty-four words. 1b. § 22. 26. For entering and recording a mortgage, and certifying the same on the original, seventeen cents, and if it contains more than one page, at the rate of fourteen cents, for every page after the first; the said fees to be paid, when the instrument is left to be recorded. 1b. § 15. For all copies, at the rate of fourteen cents a page. Ib. For entering in the margin a discharge of a mortgage, twelve cents. Ib. For administering oath to appraiser, appointed by probate court, whether to one or more persons at the same time, twenty cents. Ib. §§ 1 & 21. For entry of lost goods or stray beasts, twenty-five cents. R. S. ch. 56, § 1. For warrant in such case, twenty cents, R. S. ch. 122, § 1. II. DUTIES OF TOWN CLERKS UNDER THE LAWS RELATING TO MARRIAGES. 1. Intention of marriage to be entered with the town clerk. 2. How to be published. 3. Certificate of publication, when, and for what purpose given. 4. If the banns are forbidden, the certificate to be withheld, and the objections to be submitted to two justices of the peace. 5. Who shall hear and determine | the case, and certify their decision to the clerk. 6. The clerk shall conform to the certificate, if any, of the justices. 7. If the decision is against the marriage, the parties may appeal. 8. Penalty for defacing, &c., any notice of an intention of marriage. 1. All persons, intending to be joined in marriage, shall cause notice of their intention to be entered, fourteen days at least before their marriage, in the office of the clerk of the town in which they may respectively dwell, (if within this State;) and if there be no such clerk in the place of their residence, the like entry shall be made with the clerk of an adjoining town. R. S. ch. 75, § 7. 2. The intention shall be published by the clerk, with whom the entry is made, either by posting up a written notice thereof, in some public place in the town of which he is the clerk, fourteen days at least before the marriage, or by making a public proclamation thereof, at three public religious meetings in the town, on different days; the said meetings to be not less than three days distant from each other, exclusive of the days of the publication. 1b. $ 8. 3. The clerk shall deliver to the parties a certificate, under his hand, specifying the time when notice of the intention of marriage was entered with him, and the time of the publication thereof; which certificate shall be delivered to the magistrate or minister, in whose presence the marriage is to be contracted, before he shall proceed to solemnize the same. 1b. § 9. 4. After the intention of marriage is entered with the clerk, if any person shall forbid the banns, and shall assign his reasons therefor in writing, and leave the same with the clerk, the certificate shall not be issued, until the matter shall have been duly inquired into and determined, in the manner hereinafter mentioned; provided the person forbidding the banns shall apply to two justices of the peace and of the quorum, of the same county, and shall, within seven days after the filing of his reasons, procure their decision thereon, or produce to the clerk their certificate that a further time is necessary for the consideration thereof; in which case the clerk shall withhold his certificate, until the expiration of such further time, unless the justices shall sooner make known their decision. lb. $ 10. 5. The two justices so applied to, shall proceed forthwith to give notice thereof to the persons who propose to be married, and after a full hearing of the parties, or of the person objecting to the marriage, if the others do not appear, the justices shall decide on the truth and sufficiency of the reasons assigned for forbidding the banns, and shall certify their decision thereon to the clerk, with whom the intention of marriage was entered. Ib. § 11. 6. If the said two justices shall certify that the objections to marriage are true and sufficient, the clerk shall not issue any certificate of the publication of the banns; but if they shall certify that the objections are not proved, or are not sufficient, or if they shall not agree in a determination thereupon, the clerk shall forthwith issue his certificate, in the same manner as if no objection had been made thereto. Ib. § 12. 7. If the said justices shall certify that the objections to the marriage are true and sufficient, the persons, who propose to be married, or either of them, may appeal from such decision to the court of common pleas, or the supreme judicial court, next to be held for the same county, and the determination of the court thereon shall be final in the case; and the clerk of the town shall issue, or withhold, his certificate of the publication of the banns, according to such final determination. 16. § 13. 8. If any person shall wilfully deface or take down any written notice of the intention of marriage, posted up as before prescribed, within fourteen days after it is so posted up, he shall, upon conviction thereof, forfeit a sum not less than two, or more than twenty dollars, to the use of the person who shall prosecute therefor. Ib. 21. In relation to the returns of marriages see title "Duties of Town Clerks as to Returns of Births, Marriages and Deaths." III. DUTIES OF TOWN CLERKS AS TO RETURNS OF BIRTHS, MARRIAGES AND DEATHS. 1. Town clerks to record all births and deaths in his town. 2. To make annual returns to the secretary of commonwealth. 3. Births, how to be recorded, and what particulars. 4. Marriages, how to be recorded, and what particulars. 5. Deaths, how to be recorded, and what particulars. 6. School committees to make annual returns of births to town and city clerks. 7. Persons solemnizing marria. ges to keep a record thereof, and to 9. Parents and others to give notice of births and deaths. 10. Fees, 11. Town clerks to distribute blanks. 12. Secretary of commonwealth to furnish books and blanks. 13. Penalty on clerks for neglect. 1. The town clerk shall keep a record of the births and deaths of all persons within his town, and coming to his knowledge. R. S. ch. 15, § 46. 2. The clerks of the several cities and towns in this Commonwealth shall, annually, in the month of June, transmit to the secretary of the Commonwealth a certified copy of their record of births, marriages and deaths, which have occurred within their respective cities and towns during the year next preceding the first day of said month. St. 1844, ch. 159, § 1. 3. The births shall be numbered and recorded in the order in which they are received by the clerk. The record of births shall state in separate columns the date of the birth, the place of birth, the name of the child, (if it have any,) the sex of the child, name and surname of one or both of the parents, occupation of the father, residence of the parents, and the time when the record was made. Ib. 4. The marriages shall be numbered and recorded in the order in which they are received by the clerk. The record of marriages shall state in separate columns, the date of the marriage, the place of the marriage, the name, residence and official station of the person by whom married, the names and surnames of the parties, the residence of each, the age of each, (whether single or widowed,) the occupation, names of the parents, and the time when the record was made. Ib. 5. The deaths shall be numbered and recorded in the order in which they are received by the clerk. The record of deaths shall state in separate columns the date of the death, the name and surname of the deceased, the sex, condition, (whether single or married,) age, occupation, place of death, place of birth, names of the parents, disease or causes of death, and the time when the record was made. Ib. 6. The school committee of each city or town shall, annually in the month of May, ascertain from actual inquiry or otherwise, all the births which have happened within such city or town, during the year next preceding the first day of said May, together with the facts concerning births required by the third section of this title, and shall make an accurate return thereof to the clerk of such city or town, on or before the last day of said May; and the said school committee, or other person authorized by them to make such returns, shall be entitled to receive from the treasury of such city or town, five cents for each and every birth so returned. Ib. § 2. 7. Every justice, minister and clerk, or keeper of the records of the meeting wherein any marriage, among the Friends or Quakers shall be solemnized, shall make a record of each marriage solemnized before him, together with |