1783 Virginia Marriage Act
1783 Virginia Marriage Act
Anno reipublic� Condit� SEPTIMO
At a GENERAL ASSEMBLY begun and held at the Public Buildings in the City of Richmond, on Monday the 5th day of May, in the Year of our Lord 1783.
CHAP. XXXV.I. WHEREAS it hath been represented to this present General Assembly, that many of the good people in the remote parts of this commonwealth are destitute of any persons, authorized by law, to solemnize marriages amongst them: Be it enacted, that where it shall appear to the court of any county, on the western waters, that there is not a sufficient number of clergymen authorized to celebrate marriages therein, such court is hereby empowered to nominate so many sober and discreet laymen as will supply the deficiency; and each of the persons so nominated, upon taking the oath of allegiance to this state, shall receive a license to celebrate the rites of matrimony according to the forms and customs of the church, of which he is reputed a member, between any persons regularly applying to him therefore within the said county, that is to say, the parties so applying shall produce a marriage license, obtained as the law requires, or a certificate that their intention of marriage has been thrice published, agreeable to the directions of this act, and no legal objection made against their joining together as husband and wife, given under the hand of the person by whom such publications were made, and witnessed by a Magistrate or commissioned officer of the militia.
II. AND be it further enacted, that all publications of banns of matrimony, on the said western waters, shall be made on three several days, and not in less time than two weeks, in open and public assemblies, convened for religious or other lawful purposes, within the bounds of the respective congregations or militia companies, in which the parties to be married severally reside. For a certificate of publication, the person making the same may demand and receive three shillings; and for the celebration of a marriage, the licenced minister or layman may demand and receive six shillings, and no more; and any person who shall certify a publication of such banns, or celebrate a marriage, contrary to the directions of this act, shall forfeit and pay the sum of five hundred pounds, to be recovered with costs, in any court of record, the one half to the informer, and the other half to the overseers of the poor for the use of the parish, and shall moreover suffer one year's imprisonment, without bail or mainprize.
III. AND whereas some Magistrates and others, not authorized by law, have been induced, by the want of ministers, to solemnize marriages on the said western waters: Be it entitled, that all such marriages, heretofore openly and solemnly made, or which shall be so made before this act shall take effect, and have been consumated 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 person or persons solemnizing such marriages, are, and shall be, exonerated from all pains and penalties therefor, as if they had been authorized ministers. Provided always, that nothing herein contained shall extend or be construed to extend, to confirm any marriages heretofore celebrated, or which may hereafter be celebrated, between parties within the degrees of consanguinity or affinity, forbidden by law, or where either of the parties were bound by a former marriage to a husband or wife then alive.
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