Page images
PDF
EPUB

Feeg.

Jiow to be

forbidden by law, or where either of the parties were
bound by a prior marriage to a husband or wife then
alive.

V. And be it further enacted, That instead of the
fees leretofore prescribed by law, any authorized min-
ister may demand and receive in current money, for
the celebration of every marriage the sum of five shil-
lings, and every clerk of a court for issuing a marriage
license, may demand and receive the sam of fifteen
pence.

VE: And be it further enacted, That every ministet Penalties. offending against any of the directions of this act, shall be subject to the same pains and penalties as in like cases are imposed by the said recited act;"Concerning marriages:" And that a register of all marriages may be preserved; ;

VII. Be it enacted, That a certificate of every mars Register of riage hereafter solemnized, signed by the minister cel marriages, ebrating the same, or in the case of quakers, meno preserved. 'pists, and other societies that solemnize their marriages by the consent of the parties taken in open congregation as aforesaid by the clerk of the meeting, shall be by such minister or clerk, as the case may be, transmitted to the clerk of the county wherein the marriage is solemnized within twelve months thereafter, to be eutered on record by such, clerk in a book by him to be kept for that purpose, which shall be evidence of all such marriages. The clerk' shall be entitled to demand and receive of the party so married, the sum of fifteen pence for recording such certificate and giving the bearer a receipt therefor. And every minister or clerk of a congregation as the case may be, failing to transın it such certificate to the clerk of the court in due time, shall forfeit and pay the sum of twenty pounds current

Penalty for money; and if the clerk of any county shall fail to re- failure. cord such certificate, he shall forfeit and pay the like sum of twenty pounds; to be recovered, with costs of suit by the informer, in any court of record,

VIII. And be it further enacted, That this act shall commence and be in foree from and after the first day of July next; and then immediately so much of every act or acts as comes within the purview and meaning of this act, shall be, and is hereby repealed.

[merged small][ocr errors][ocr errors]

te Mamith's, Dan,. Staunton, Smith's, or Mayo rivers, who shall

(Ch LXXVII

CHAP. XXXVII. in original.)

An act to amend the act, intiluted. An

act for clearing Roanoke river.
1. WHEREAS an act, intituled " An act for clear-
ing Roanoke river," hath been found inefieotual to pre-
vent the continuance of stone stops in the said river,
whereby a free navigation and the passage of fish are
obstructed therein, to the great injury of many of the

good citizens of this state: For remedy whereof, Penalty for

II. Be it enacted, That from and after the twentieth; obstructing day of February, dne thousand seven hundred and navigation of eighty-five, every person or persons, possessing, rentDan, Staun. ing, or managing any land bordering on Roanoke, or Mayo ji. continue or suffer to be continued, any hedge, stone stop, bridges, stone

or artificial obstruction between the middle of either of stop , &c.

the aforesaid rivers, and such land so possessed, rent-
ed, or managed by him, her, or them, shall forfeit ând
pay the penalty of two thousand pounds weight of nets
crop inspected tobacco for every week sueh hedge;
stone stop, or artificial obstruction shall be continued
after the party shall have had ten days previous notice
of the contents of this act, provided it shall appear
that such hedgey stone stop, or artificial obstruction is"
so erected as to obstruct the navigation or passage of
fish at low water in the aforesaid rivers or either of
them; to be recovered with costs, on due proof, in any
court of record, on bill, plaint, or information; one
fourth to the inforiner, the other three fourths to be
applied towards clearing the said rivers by the trustees
appointed under the aforesaid act.

[ocr errors][ocr errors]

and OCTOBER 1784-9th of COMMONWEALTH. 507 non CHAP. XXXIX:

[Ch. LXXVIII

in original.) An act to amend the act For estab

lishing pilots, and regulating their fees.

I. WHEREAS it is represented to this present general assembly, that the price allowed for pilotage of

Additional vessels, by the act, intituled “ An act for establishing ta pilots.

fees allowed pilots, and regulating their fees," are inadequate to their services:

II. Be it therefore enacted, That every pilot may demand and take for each vessel drawing ten feet water and under, one-fitih more in addition to the sums respectively allowed by the foot in the said reciLed aet. CHAP. XL.

Ch. LXXIX

in original. An act to explain and amend the act,

intituled An act to amend an act, intituled an act for adjusting and settling the titles of claimers to un. patented lands under the present to the establishment of the commonwealth's land office.

I, WHEREAS by the act, intituled " An act to amend the act, intitaled an act for adjusting and settling the uitles of claimers to unpatented lands under the pre

Preamble: sent and former government, previous to the establish, ment of the commonwealth's land office, county courts where empowered to grant certificates of settlementand pre-emption rights in certain cases. And whereas also, it has been doubted whether any person claiming lands by virtue of a treasury warrant, and caveating a person

[ocr errors][merged small][merged small]

no previous trial of the cause, even though he had

claiming the same Tands under such certificate of settler
ment and pre-emption, or being caveated by him, bé al-
lowed to examine into and contest the legality of such
certificate in
no previous notice that such certificate was to be appli-

ed for: On trial of ca.

II. Be it enacted, That in all cases where any caveat veats, certifi. has been or shall be entered by or against any person cate of coun, claiming lands by virtue of a certificate granted by a Settlement

of county court of a settlement and pre-emption right, or of pre-emption à pre-emption right only, such certificate shall not of rights, not itself be considered as conclusive proof of the title of conclusive e the person bolding the såme, but the opposite partý, by

of
title: or against whom such caveat may have been eptered,

shall be allowed to adduce any testimony proving that
such certificate was granted contrary to law, or in any

manner invalidating the said certificate. Provided alProof of tes ways,: That any magistrate, or officer belonging to the timony on court, granting such certificate as aforesaid, and, who which certifi. was present at the time of granting the same, may be cates granted adınitted as a witness for either party to prove on what admissible.

testimony such certificate was granted.

[ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors]

Ch. LXXX

CHAP. XLI. in original

An acl vesting the estate of Stephen

Yancey, deceased; in his children,

and for other purposes. Estate of Ste. -I. BE it enacted by the General Assembly, That the. phen Yancey, whole estate, both real and personal of Stephen Yancey, who was exe. who was convicted of murder at the session of the gencuted for mur der, vested

eral court in October last, and executed accordingly, in his chil be, and the same is bereby yested in Waddy Thompson, dren. Garret Minor, and Charles Yancey, gentlemen, trustees,

to be by them or'any, two of them sold for the best price
that can be bad, giving one month's previous' notice of
the time and place of sale in the Virginia Gazette, and

convey the same to the purchasers in fee; the money arising from the sale thereof shall be applied by the said trustees, in the first place to the payment of the just debts of the said Stephen Yancey, and the residae to be divided and apportioned equally between the widow and children; and the portions of the latter paid by the said trustees to their guardian or guardians: Provided, That nothing herein contained shall be construed to Saving the hinder the widow of the said Stephen Yancey from tá- widow's dowking her dower in the lands and one third of the slaves er. for life, if she prefers that, to a child's part of the lands and slaves. And whereas, several persons, have been convicted of capital offences during the last session of the general court in December, and if they or either of them shall be executed for the same, their estates will be forfeited to the cominonwealth, and it may be right and, just that the same should remain to the use and for the benefit of the families of such unbappy persons:

II. Be it therefore enacted, That the governor with the advice of council, may, upon application, remit to council may

Governor & the wife and children of any such criminal, all the estate remit estates real and personal of which he may be seized, after pay of criminals, ing the debts of such criminal, in just and equal pro- who are exeportions; any law, usage, or custom, to the contrary wife and chil. notwithstanding

dron,

CHAP. XLII.

Ch. LXXXI

in original. -An aet for further continuing and

amending the act, for the inspection of pork, beef, flour, tar, pitch, and turpentine. 1. WHEREAS the act of assembly, passed' in the year one thousand seven hundred and sixty-two, intituled, “ An act for the inspection of pork, beef, flour, tar, pitch, "and turpentine," which was, continued and amended by several subsequent acts, will expire at the end of the present session of assembly, and

it is expe

« PreviousContinue »