1 incest. kers and me tion of banns riage as well as those heretofore celebrated by dissenting ministers, shall be, and they are hereby declared good and valid in law. Exception II. Provided always, and it is the true intent and in cases of meaning of this act that nothing herein before contained shall extend or be construed to extend to confirm any marriages heretofore celebrated, or hereafter to be celebrated between parties within the degrees of affiniNo marriage ty or consanquinity forbidden by law. Provided also, (except be that no persons except the people called quakers and tween qua- menonists, shall hereafter be joined together as man nonists) but and wife, without lawful license first had, or thrice pubon licence lication of banns in the respective parishes, or congreor publica- gations where the parties to be married may severally reside, agreeable to the directions of an act of assembly passed in the year one thousand seven hundred and forty eight, entitled "An act concerning marriages." Provided, That the license so obtained may be directed to any regular minister that the parties to be married may require. Every minister of any society or congregation, not of the church of England, offending against the directions of the said act concerning marriages, shall be subject to the same pains and penalties in cases of omission or neglect as by the said recited act are imposed upon ministers of the church of England. Penalty. Fees. Certificates to be return III. And be it farther enacted, That instead of the fees prescribed by the said recited act, the several ministers may demand and receive for the celebration of every marriage, twenty five pounds of tobacco, and no more, to be paid in current money at the rate which shall be settled by the grand jury at the term of the general court next preceding such marriage. IV. And that a register of all marriages may be preof marriages served. Be it enacted, That a certificate of every mared to the riage hereafter to be solemnized signed by the minister clerk of the celebrating the same, or in the case of quakeas, by the court and re- clerk of the meeting, shall be by such minister or corded. clerk, as the case may be transmitted to the clerk of the county wherein the marriage is solemnized, within three months thereafter, to be entered upon record by such clerk, in a book to be by him kept for that purpose, which shall be evidence of such marriage. The clerk shall be entitled to receive and demand of the party so married, ten pounds of tobacco for recording ! Penalty on transmit such certificate. And be it farther enacted, That every minister or clerk of a quaker's or menonist's meet minister or ing, as the case may be, failing to transmit such certi- clerk of qua. ficate to the clerk of the court in due time, shall forfeit ker society and pay the sum of five hundred pounds, to be reco- failing to vered with costs of suit by the informer in any court certificates. of record. This act shall commence and be in force from and after the first day of January in the year of our Lord one thousand seven hundred and eighty one. V. For carrying this act into execution, Be it farther enacted, That the courts of the different counties courts to li shall and are hereby authorized on recommendation cence dis. from the elders of the several religious sects, to grant isters to mar senting minlicense to dissenting ministers of the gospel, not ex- ry, not exceeding the number of four of each sect in any one ceeding four county, to join together in holy matrimony, any persons within their counties only; which license shall be signed by the judge or elder magistrate under his hand and seal, County of one sect. An act for dividing the county of Brunswick into two distinct counties. Greensville BE it enacted by the General Assembly, That from Brunswick and after the first day of February next, the county of county divi Brunswick shall be divided into two distinct counties, ded, and by a line to begin two miles above Chapman's ford on formed. Maherrin river, and running a due south course to the boundary line between this state and North Carolina, Boundaries, and from the station aforesaid by another line due north to Nottoway river, and that all that part of the said county lying eastward of the said line, shall be called and known by the name of Greensville, and all the residue of the said county shall retain the name of Brunswick. That a court for the said county of Greensville, Court days. shall be held by the justices thereof on the fourth Thursday in every month after the said division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed. And be it farther enacted, That the justices to be named in the commission of the peace for the said county of Greensville, shall meet at Hix's ford in the said county upon the first court day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and the court of the said county shall thenceforth proceed to erect the necessary publick buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think fit. Provided always, That the appointment of a place for holding court, and of a clerk, shall not be made unless a majority of the justices of the said county be present. Where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county; but in such cases the ap~ pointments shall be postponed until some court day when a majority shall be present. That the governour with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as is by law appointed for other sheriffs. Provided always, and be it farther enacted, That it shall be lawful for the sheriff of the said county of Brunswick, to collect and make distress for any publick dues or officers fees which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall also be accountable for the same in like manner as if this act had not been made. And that the court of the said county of Brunswick shall have jurisdiction of all actions and suits in law or equity which shall be depending before them at the time of the said division, and shall try and determine the same, and issue process and award execution thereon. CHAP. XVIII. p. 134.] An act for establishing several pub- [Chan. Rev. ed. I. BE it enacted by the General Assembly, That the Batte's ferry ferry established from the land of the late Henry Batte, discontinuin the county of Henrico to the land of the late Alexander Bolling, in the county of Prince George, be discontinued, and that publick ferries be constantly kept several new at the following places, and the rates for passing the ferries, and same shall be as follows, that is to say: From the land the rates of of John Fox in the county of Gloucester, across York ferriage. river, to the land formerly the property of John Tabb on the opposite shore; the price for a man seven dollars, and for a horse the same; from the upper end of the land of Thomas Batte the younger, in the county of Chesterfield, across Appamattox river, to the lot of land the property of William Gilliam, in the town of Broadway and county of Prince George; and from the lot of land of the said William Gilliam, to the lands of the said Thomas Batte; the price for a man two dollars, and for a horse the same; from the lands of Landon Carter, in the county of Culpeper, across Rapahannock river, at Norman's ford; the price for a man two dollars, and for a horse the same; and from the lands of David Ross, in the county of Bedford, across James river at the mouth of Archer's creek, to the lands of Robert Bolling, deceased; the price for a man one dollar, and for a horse the same, and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the ferries aforesaid; the ferry keeper may demand and take the following rates, that is to say: For every coach, charriot, or waggon and the driver thereof, the same as for six horses. For every cart, or four wheeled chaise, or chair, the same as for two hor ses; for every hogshead of tobacco, as for one horse; for every head of nett cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage of one horse, and for every hog, one fourth part of the ferriage for a horse, according to the prices herein before settled at such ferries; and if any ferry-keeper shall 1 Penalty for over charging. presume to demand and receive from any person whatsoever, any greater rates than is hereby allowed, he shall for every such offence forfeit and pay the party grieved, the ferriage demanded or received, and ten shillings, to be recovered with costs before a justice of the peace where the offence shall be committed. Vestry of parish of Al bemarle in county of Sussex dis solved. CHAP. XIX. An act for dissolving the vestry of the parish of Albemarle in the county of Sussex. WHEREAS it is represented to the general assembly, that only one of the vestry of the parish of Albemarle in the county of Sussex, was elected by the freeholders and housekeepers thereof, Be it therefore enacted by the General Assembly, That the same shall be and is hereby dissolved. And be it farther enacted, That the freeholders and housekeepers of the said parish of Albemarle shall, before the first day of March next, meet at some convenient time and place to be appointed, and publickly advertised by the sheriff of the said county of Sussex, at least one month before such meeting, and then and there elect twelve of the most able and discreet persons, being freeholders and resident in the said parish, for vestry-men, which vestrymen so elected, having in the court of the said county of Sussex taken the oaths prescribed by law, and in vestry subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish of Albemarle. Provided, That any suit now depending, or hereaf ter to be brought by or against the vestry or churchwardens of the said parish, may be prosecuted in the same manner as if this act had never been made. ذر |