Chap. 300.—An ACT regulating marriages and the issuance of marriage
licenses; prohibiting marriages in certain cases, providing penalties for
the violation of the provisions of this act. [H B 242)

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That no
woman under the age of forty-five years, or any man of any age
except he marry a woman over the age of forty-five years, either
of whom is a habitual criminal, idiot, imbecile, hereditary epileptic
or insane person, or any person of any age, who is afflicted at the
time with any contagious venereal disease, shall hereafter inter-
marry or marry any other person within this State. The term
habitual criminal as used in this act shall be construed to mean
any one who has been convicted at least three times of felonious
crimes, and term hereditary epileptic shall be construed to mean
any epileptic either of whose parents is or has been an epileptic.

2. No clergyman or other officer authorized by law to solemnize
marriages within this State, shall hereafter knowingly perform
a marriage ceremony uniting persons in matrimony, either of whom
is a habitual criminal, idiot, imbecile, hereditary epileptic, or insane
person, unless it be that the female party to such a marriage is
over the age of forty-five years, or any person of any age who is
afflicted at the time with any contagious venereal disease.

3. No clerk of court, whose business it is to issue marriage
licenses, shall knowingly issue a license to any applicants either
of whom is a habitual criminal, idiot, imbecile, hereditary epileptic,
or insane person, unless it be that the female applicant is over
the age of forty-five years, or to any person who is afflicted at the
time with any contagious venereal disease. JF‘or the purpose of se-
curing license under the provisions of this act the clerk may (if he
desires evidence) accept the affidavit of the man desiring license as
to the fact that he is free from any contagious venereal disease
and that he believes the woman to be named in the license to be
free therefrom as sufficient for purpose of this act; the clerk, in
the event he is not satisfied whether either one or both of the parties
is or are an idiot, feeble minded person. imbecile, hereditary epi-
leptic or insane person, shall hereby be authorized to follow the
recommendation of the chairman of the board of health of his
county or city or some duly licensed practicing physician in said
county or city of his selection, and for which examination, and
report a fee not exceeding two dollars and a half may be charged,
to be paid by the party or parties applying for the license, to be
paid to the physician making the report and recommendation.

4. It shall be legal for any person knowing that any applicant
for marriage is subject to any of the disabilities named in this act,
to appear before the clerk to whom application for license is made,
or before the clergyman or other officer, who may solemnize the
marriage ceremony, and present evidence why such license should
not be granted, or why such ceremony should not be performed.

5. Upon refusal of the clerk of any court in this State to grant
uch license, the said person or persons refused shall have the right
»f appeal, at their own cost, to the city or corporation court of the
ounty or corporation in which the female party usually resides,
with the further right of appeal to the court of appeals of Virginia.

6. Any person knowingly violating any of the provisions of
his act shall, upon conviction thereof, be punished by a fine not
xceeding one hundred dollars, or confinement in jail not exceeding
uinety days, or both.

¢. All acts and parts of acts in conflict with this act are hereby
repealed.