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 heretofore prescribed by law, any authorized minister may demand and receive in current money, for the celebration of every marriage the sum of five shillings; and every clerk of a court for issuing a marriage license, may demand and receive the sum of fifteen pence.

Fees.

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

how to be

preserved.

VII. Be it enacted, That a certificate of every mar. Register of riage hereafter solemnized, signed by the minister cel- marriages, ebrating the same, or in the case of quakers, meno ́nists, and other societies that solemnize their marriages by the consent of the parties taken in open congre gation as by the clerk of the meeting, shall

be by suchter or clerk, as the case may be, trans

mitted to the clerk of the county wherein the marriage is solemnized within twelve months thereafter, to be entered 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 transmit 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 force 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immediately so much of every act or acts as comes within the purview and meaning of this act, shall be, and is hereby repealed.

[Ch LXXVII in original.]

Roanoke,

CHAP. XXXVIII.

An act to amend the act, intituled, An act for clearing Roanoke river.

1. WHEREAS an act, intituled "An act for clearing Roanoke river," hath been found ineffectual 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,

II. Be it enacted, That from and after the twentieth Penalty for obstructing day of February, one thousand seven hundred and navigation of eighty-five, every person or persons, possessing, rentDan, Stauning, or managing any land bordering on Roanoke, ton, Smith's, Dan, Staunton, Smith's, or Mayo rivers, who shall or Mayo 11. continue or suffer to be continued, any hedge, stone stop, vers, by bridges, stone or artificial obstruction between the middle of either of

stops, &c.

the aforesaid rivers, and such land so possessed, rented, or managed by him, her, or them, shall forfeit and pay the penalty of two thousand pounds weight of nett crop inspected tobacco for every week such 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 hedge, 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 informer, the other three fourths to be applied towards clearing the said rivers by the trustees appointed under the aforesaid act.

An act to amend the act For estab lishing pilots, and regulating their fees.

[Ch. LXXVIII in original.]

I. WHEREAS it is represented to this present general assembly, that the price allowed for pilotage of Additional fees allowed vessels, by the act, intituled "An act for establishing to pilots. 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-fifth more in addition to the sums respectively allowed by the foot in the said recited act

CHAP. XL.

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 unpatented lands under the present and former governments, previous to the establishment of the commonwealth's land office.

I, WHEREAS by the act, intituled "An act to amend the act, intituled an act for adjusting and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the commonwealth's land office," county courts where empowered to grant certificates of settlement and 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

Ch. LXXIX

in original.

Preamble.

vididence of

title:

claiming the same lands under such certificate of settle ment and pre-emption, or being caveated by him, bé allowed to examine into and contest the legality of such certificate in the trial of the cause, even though he had no previous notice that such certificate was to be applied for:

II. Be it enacted, That in all cases where any caveat On trial of caveats, 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 ty courts, of settlement or County court of a settlement and pre-emption right, or of pre-emption a 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 holding the same, but the opposite party, by or against whom such caveat may have been entered, 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 admitted as a witness for either party to prove on what admissible. testimony such certificate was granted.

Ch. LXXX in original.

CHAP. XLI.

der, vested

An act vesting the estate of Stephen Yancey, deceased, in his children, and for other púrposes.

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 eral court in October last, and executed accordingly, be, and the same is hereby vested in Waddy Thompson, Garret Minor, and Charles Yancey, gentlemen, trustees, to be by them or any two of them sold for the best price that, can be had, giving one month's previous notice of the time and place of sale in the Virginia Gazette, and

in his children.

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 residue 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 ta- widow's dow king 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 commonwealth, and it may be right and just that the same should remain to the use and for the benefit of the families of such unhappy persons:

Governor &

council may

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

An act 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

Ch. LXXXI in original.