II. BE it therefore enacted by the General Affembly of Virginia, That from Courts of certain coun and after the paffing of this act, it shall and may be lawful for the courts of the ties to appoint perfons faid counties to appoint two perfons in each of the faid counties, who shall be to celebrate the rites of matrimony in their refidents within the county from the court whereof they shall have received refpective counties, their appointments, who by virtue of this act shall be authoriied to celebrate

the rites of marriage wherein they refpectively refide.

III. THAT every perfon fo appointed, before entering into the execution Perfons fo appointed, of his office, shall take the oath of fidelity to the commonwealth, and enter how to be qualified. into bond with fufficient fecurity, in the fum of fifteen hundred dollars, payable to the governor for the time being, and his fucceflors, for the true and faithful performance of his truit, whereupon, fuch court is hereby required to grant to the perfon fo appointed, a certificate in the following form, given under the hand and feal of the then fitting judge, or fenior magiftrate, and attefted by the clerk, to wit:

THIS fhall certify to all whom it may concern, that at a court held for the county Form of certificate to of in the year of our Lord be given them.

on the

day of

A. B. took the oath of fidelity to this commonwealth, and hav-
ing entered into bond and fecurity, agreeable to an act, intituled, “An act, to
amend the act to regulate the folemnization of marriages; prohibiting fuch as
are inceltuous or otherwife unlawful; to prevent forcible and ftolen marriages;
and for punishment of the crime of bigamy," is hereby authorijed to celebrate
within the county of
, the rites of marriage between perjons defirous

of contrading the fame :
And every teftimonial fo obtained, shall be confidered as a good and fufficient
authority to celebrate the rites of marriage within the county from the court
whereof the teftimonial is obtained, between perfoas regularly applying therefor.

IV. PROVIDED, That any person fo appointed, shall in no inftance cele- Not to marry perfons brate the rites of marriage, until the due publication of banns, or in confe- without publication of quence of a licenfe duly obtained: And if he should celebrate the rites of mar- banns, or a license. riage when forms and provifions of law have been difpenfed with, which are neceffary to be observed when marriage is celebrated by an ordained minif- To be fubject to the fame penalties for ter, he shall be fubject to the fame penalties as are in fuch inftances inflicted on breach of their duty ordained ministers, recoverable in the manner, and liable to the action of the party aggrieved, as is directed by the act, intituled “An act to regulate the jolemnization of marriages; probibiting fuch as are incestuous or otherwife unlawful; to prevent forcible and ftulen marriages; and for punishment of the crime of bigamy."

as ordained minifter",

V. AND if any perfon fo appointed by the courts aforefaid, or either of Removing out of the them, shall die or remove out of the county, it shall be lawful for the faid courts county, others to be or either of them, to appoint fome perfon in lieu of the perfon fo dying or appointed in their rem oving, who shall qualify to the performance of his truft in the manner be- ftead.

fore directed, and shall be fubject to the fame penalties and actions, and by the

fame mode of recovery above pointed out.

VI. AND be it further enacted, That any perfen appointed to celebrate To be allowed the fame the rites of marriage by virtue of this act, shall be entitled to the fame fees, fees as ordained miniand liable to the fame actions, in cafe of refufal to celebrate the fame between fters.

perfons legally applying therefor, as are given to or againit ordained minifters To return to the clerk's in fimilar circumitances by virtue of the above recited act, and that he shall offices certificates of return to the clerk of the county a certificate of every marriage by him cele. the marriages celebrabrated, a record whereof shall be kept by the clerk as is directed by law when ted by them. the marriage ceremony has been performed by an ordained minister.

CHAP. CLXX.

En A to amend an AF, Reducing into one the feweral As concerning Wills, the Diftribution of Inteftates Efiates, and the Duty of Executors and daminitrators."

I.

[Paffed the 5th of December, 1794]

DE it enacted by the General Affembly, That if a teftator having a child or What portion of the children born at the time of making and publishing his last will and father's eftate fhall be teftament, shall at his death leave a child or children born after the making allotted to children and publishing of his faid laft will and teftament, the child or children fo after born after the making born, if fuch child or children be unprovided for by fettlement, and be nei- of their father's will, in which they are pie.

+ See ch. 92.

termitted, where they are not provided for by fettlement.

ther provided for nor difinherited, but only pretermitted by the laft will and teftament, shall fucceed to the fame portion of the father's eitate as fuch child or children would have been entitled to if the father had died inteftate; towards railing which portion the devifees and legatees shall contribute proportionably out of the parts devifed and bequeathed to them by the fame will and teftament, in the fame manner as is provided in the cafe of pofthumous children.

II. AND whereas by an act, intituled, " An act reducing into one, the feveral acts concerning flaves, free negroes, and mulattoes," it is enacted, “That "all negro and mulatto flaves in all courts of judicature within this common"wealth, shall be held, taken and adjudged to be perfonal eftate:" And whereas by the act" Reducing into one the feveral acts concerning wills, the diftribu"tion of inteftates eftates, and the duty of executors and adminiftrators," it is also enacted, "That executors and adminiftrators, whether it be neceffary for pay"ment of debts or not, fhall as foon as convenient after they are qualified, fell "at public fale all fuch goods of their teftator or inteftate, ipecific legacies ex"cepted, as are liable to perith, be confumed, or rendered worfe by keeping :" And whereas doubts may arife whether as flaves being perfonal eftate, are perifhable and liable through age or fickness to be rendered of lefs value by keeping, executors and adminiftrators are not bound to fell the fame whether it be neceffary for the payment of debts or not: For declaring the law touching the fame, Be it further enacted, That executors and administrators thall not fell the flaves of their teftators or inteftates, unless the other part of the personal for payment of debti, eftate, regard being had to the privilege of specific legacies, thall not be fufficient for paying the debts and expenfes, and in that cafe fuch part only of the flaves fhall be fold as fhall be fufficient to fatisfy the debts and expenfes, and the refidue of the flaves fhall be referved in kind for the legatees or diftributees, of their teftators or inteftates respectively.

Executors not to fell their teftator's flaves

unless the other per

fonal eftate is infufficient.

Commencement of this

ad.

III. THIS act fhall commence and be in force from the paffing thereof.

CHAP. CLXXI.

An Act to amend the Act, intituled, "An Act reducing into one the feveral Acts for punishing Perfons guilty of certain Thefts and Forgeries.†

[Paffed the 8th of December, 1794.]

Felony without benefit I make, forge or counterfeit, or caufe or procure to be falfely made,

of clergy, to counterfeit or aflift in counterfeiting any deed,

will, bond, bill, note, acquittance or receipt, or aflignment of any bond, bill, &c.

terfeited deed, will,

bond, bill, note, &c.

forged, or counterfeited, or wittingly act or affift in the falfe making, forging exchange, promiffory note for the payment of money or tobacco, or other vaor counterfeiting any deed, will, tellament, bond, writing obligatory, bill of luable thing, or any acquittance or receipt either for money or tobacco, or other valuable thing, or any endorsement or affignment of any bond, writing obliOr to utter or publish gatory, bill of exchange, promiffory note for the payment of money or toas true any fuch coun- bacco, or other valuable thing, with intention to defraud any person or perfons whatfoever, or any corporation, or fhall utter or publish as true, any falfe, or affignment thereof. forged, or counterfeited deed, will, teftament, bond, writing obligatory, bill of exchange, promiffory note for the payment of money or tobacco, or other valuable thing, endorfement or affignment of any bond, writing obligatory, bill of exchange, promiffory note for the payment of money or tobacco, or other valuable thing, acquittance or receipt for money, tobacco, or other valuable thing, with intention to defraud any perfon or perfons whatfoever, or any corporation, knowing the fame to be falfe, forged, or counterfeited, then every foch perfon being thereof legally convicted, shall be deemed guilty of felony, and hall fuffer death as a felon without benefit of clergy.

Commencement of this

II. THIS act fhall commence and be in force froni and after the laft day

of March next.

+ Sec cb. $33