Virginia Marriages 1783

Anno reipublicę Conditę 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.

An act to establish and confirm marriages in certain cases .

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.



The following is  copied from an 1857 printing.  It is located in the microfiche 
section of the Multnomah County Law Library.  It is (excluding typos 
overlooked) a true and accurate copy including capitalization, punctuation, and 
spelling.

File contributed for use in USGenWeb Archives by Brunetta Lafara Lingg

© 1997 bllingg@columbia-center.org