(Ch. LXXIII

CHAP. XXXIV
In original.]

An act to remedy certain impositions
in the adjustment of military claims.

1. WHEREAS it hath been reported to this present
session of assembly by the commissioners directed to be
appointed by the executive at the last session, to inquire
into impositions in the settlement of accounts with the
auditors for pay and depreciation on military claims,
that many such impositions have been made on forged

certificates of service and other insufficient vouchers; Impositions Il. Be it therefore enacted, That the said commisin adjusting sioners shall be empowered, and are hereby directed to Claims on for notify all persons, or in cases of death, their legal reged, or insul presentatives, whose ascounts, or any part thereof, they kicient vouch-haye adjudged, or shall hereafter adjudge to be founders, how pre- ed on förged certificates of service, or any other insufvented.

ficient vouchers, to furnish them with the best evidence they can in support of their said respective claims,- for their reconsideration thereof, and if any person so notified, shall fail to furnish such evidence as shall satisfy the said commissioners of the justness of the claim in question, in the space of sixty days after receiving such notification, or to refund to the public the amount of the certificate or certificates drawn thereon, in the like certificates, together with the interest which may have been drawn thereon, in specie, or the interest warrants issued on such certificates, the governor, with the advice of councit

, is hereby directed to instruct the attorney general to prosecute such person, his heirs, executors, or administrators, for recovery thereof in the gen

eral court
Remedy, 111. And be it further enacted, That in case any such
where certifi- settlement may have been made by a person not the
been drawn. original claimant, and a certificate or certificates ob-

tained by him or her thereupon, and the person so set-
ting and obtaining the said certificate or certificates,
his or her heirs, execators, or administrators, skali
prove satisfactorily that he or she was acting for the use
and benefit of another person or persons, and that he
or she had no interest whatever in the claim so settled;
and in case of a forged certificate of service, the person
sa settling, being alive, shall also swear that he or she

had no privity or knowledge of such forgery, or reason
to believe that the same was forged, such person, his or
her heirs, executors, or administrators, shall not be obli-
ged to refund as aforesaid, but recourse shall in
such case be bad against the

person or persons in whose behalf the settlement was made, his, her, or their heirs, executors, or administrators. The governor with the advice of couneil, shall draw on the contingent fund to enable the said commissioners to give the notifications aforesaid.

calling

CHAP. XXXV.

Ch. LXXIV

in original. An act for further continuing the act, intituled, "An act for

the Intate:

paper 1. WHEREAS the act of assembly, passed in the Act for caltuled, "An act for calling in and funding the paper per money year one thousand seven hundred and eighty-one, inti- ling in and money of this state, which has been continued and further cons amended by several subsequent acts, will expire at the tinued: end of the present session of assembly, and it is expedient that a further time should be given to the holders of paper money for the purpose of fauding the same;

II. Be it therefore enacted, That the said recited act shall continue and be in force from anti after the expiration thereof, for and during the term of one year, Provided nevertheless, That nothing herein contained shall extend to so much of the aforesaid act as respects the purchase of warrants for unappropriated lands.

Ch. LXXV in original.

CHAP. XXXVI.

An act giving James Rumsey the ex

clusive right of constructing nd
navigating certain boats for c im.
ited time.

icen pel. first

ciet

Preamble.

I. WHEREAS it is represented to this present general assembly, that James Rumsey hath invented boats which are constructed upon a model that will greatly facilitate navigation against the current of rapid rivers, whereby great advantages may be derived to the citizens of this state; and whereas the said James Rumsey hath made application for the sole and exclusive right and privilege of constructing and navigating such boats for the term of ten years as a recompence for this inven

tion: James Rum- II. Be it therefore enacted, That the said James sey granted Rumsey, his heirs, executors, and assigns, shall have vilege of nav. the sole and exclusive right and privilege of constructgating boats ing and navigating boats upon his model, in each and against the

every river, creek, bay, inlet, or harbour within this stream.

commonwealth, for and during the said term of ten
years, to be computed from the first day of January,
one thousand seven hundred and eighty-five.,, If any
person, other than the said James Rumsey, his heirs,
executors, or assigns, shall during the term aforesaid,
either directly or indirectly, construct, navigate, em-
pley, or use, any boat or boats upon the model of that
invented by the said James Rumsey, or upon the mo-
del of any fuure improvement which the said Rumsey
may make theréon, he or they, for every boat so con-
structed, navigated, employed or used, shall forfeit and

pay for every such offence the sum of five bundred
Penalty for pounds, to be recovered with costs, by action of debt,
infringing his
privilege.

to be founded on this act, in any court of record; one
half to the use of the party who will súe for the same,
and the other half to the use of the said James Rumsey.

Provided always, That the exclusive right and priviRight may be lege hereby granted, may at any time during the said abolished, by term of ten years, be abolished by the legislature, upon paying a cer- paying to the said James Rumsey, his heirs, executors, sation, to the or assigns, the sum of ten thousand pounds current moinventor.

ney of Virginia.

CHAP. XXXVII.

Ch. LXXVI

in original. Any ct to regulate the solemnization

of marriages. E. WHEREAS it is necessary to adopt one general Marriages, mode for celebrating marriages throughout this state, how celebra

11. Be it enacted by the General Assembly, That it ted. shall and may be lawful for any ordained minister of the gospel in regular communion with any society of by any one. christians, and every such minister is hereby authorized ter, to celebrate the rites of matrimony according to the farms and customs of the church to which he belongs, between any persons within this state, who, agreeable to an act of assembly, passed in the year of our Lord one thousand seven hundred and forty-eight, intituled, 4 An act concerning marriages," shall produce a marriage licence directed to any authorized minister of the gospel. Provided always, that every such minister shall To provide Grst produce credentials of his ordination, and also of

credentials. his being in regular communion with the christian society of which he is reputed a member, to the court of the county or borough in which he resides; shall take the oath of allegiance to this commonwealth, and enter into bond, with two or more safficient securities, in the sum of five hundred pounds current money, payable to the governor for the time being and his successors, couditioned for the true and legal performance of this trust Whereupon such court is hereby required to Testimonial. grant such' minister, a testimonial in the following form, given under the hand and seal of the then-sitting judge or senior magistrate, and attested by the clerk, to wit: "This shall certify to all whom it may concern, that at a court held for

thong on the day of one thousand seven hundred and +, A. B. produced credentials of briş ordination, and also of his being in regular communion with the button church, took the oath of allegiance to this commonwealth, and entered into bond, as required by an act of assembly, intituled, " Ad-act to regulate the solemnization of marriages, and that he is thereby authorized to celebrate the rites of matrimony agreeable to the forms and customs of the said church, between any persons to him regularly applying therefor within this stage. Given under my

band and seal the day and year above written." Ex
ery testimonial so obtained,

shall be taken as good and sufficient authority for celebrating the rites of matrimoNot to be ny according to Jaw. Provided nevertheless, That no granted to iti testimonial shall be granted to any minister who is itin nerant minis

erant, or who is not stated and settled within some par

ish or with some christian congregation within this comMinisters e. monwealih. Provided also, If any authorized minister jected. shall himself at any time decline, or be ejected from his

office by the church to which he belongs, or if any of
his securities shall give him notice in writing that they
desire to be released from their suretyship, in either, of
these cases, if be refuses or neglects to give up bis tés-
timonials to the court from which they were obtained,
any one of his securities, without instituting a suit, may
proceed against him as if they were his special bail in
in an action of debt until he is thereunto compelled or

gives them sufficient caution for their indemnification Quakers, me

111. And be it further enacted, That it shall and may nonists, and others, may be lawful for the people called quakers and menonists, unite in toa. or any other christian society that have adopted similar trimony, ac

regulations in their church, to solemnize their own
cording to
the regula..marriages, or to be joined together as husband and
tions of their wife, by the mutual conseyt of the parties openly pub.
societies.

lished and declared before their congregations wheur
convened for religious worship, in the manner and a-
greeable to the regulations that have heretofore been
practiced in the respective societies. And whereas
some magistrates and others, not authorized by law,
have been induced by the want of ministers, to solem-

bize marriages in the remote parts of this state; - sito Former mar- IV. Be it enacted, That all such marriages heretoriages declare fore openly solemnized and made, or which shall be so

made before this act shall take effect, and have been
consummated by the parties cohabiting together as
husband and wife, shall be taken, and they are hereby
declared good and valid in law, and all and every per-
son or persons solemnizing such marriages, are, and
shall be exonerated from all pains and penalties as if

they had been authorized ministers. Provided always,
Not to ex- and it is the true intent and meaning of this act, That
tend to mar: nothing herein contained shall extend or be construed.
riages within
prohibited

to extend to confirm any marriage beretofore celebradegrees. ted, or which may hereafter be celebrated, between

parties within tise degrees of consanguinity or affinity