Chap. 217.—An ACT to amend and re-enact Section 5078 of the Code of Virginia,
as heretofore amended, relating to issuance of marriage licenses for certain
persons under twenty-one years of age. | [H B 309]

Approved March 16, 1940

1. Be it enacted by the General Assembly of Virginia, That
Section fifty hundred and seventy-eight of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as
follows:

Section 5078. When consent of parent or guardian necessary;
how given.—If any person intending to marry be under twenty-one
years of age, and has not been previously married, the consent of the
father or guardian, or if there be none, of the mother of such person,
shall be given either personally to the clerk or judge, or in writing
subscribed by a witness, who shall make oath before the clerk or
judge that said writing was signed or acknowledged in his presence
by such father, guardian, or mother, as the case may be, or the writing
shall be acknowledged before a notary public or some person author-
ized to take acknowledgments to deeds under the laws of this State,
which acknowledgment shall be properly certified by such officer.
If there be no father, guardian, or mother, or if such person be aban-
doned by his or her parents, the judge of the circuit court of the
county, or of the corporation court of the city wherein the female
resides, either in term or vacation, or the clerk or deputy clerk of such
court, may, on the application of the person intending to marry,
properly certified, authorize a marriage license to be issued, or issue
the same, as the case may be. For the purpose of giving consent
under the provisions of this section, an insane father or an insane
mother, shall be treated as if there were no father or mother, or father
and mother, as the case may be.