Chap. 268.—An ACT to amend and re-enact section 5072 of the Code of yy izginia
in relation to issuing a license to marry. [H B 328]

Approved March 15, 1924.

1. Be it enacted by the general assembly of Virginia, That section
five thousand and seventy-two of the Code of Virginia, in relation to
issuing a license to marry be amended and re-enacted so as to read as
ollows:

Section 5072. By whom license to be issued.—Every license for a
marriage shall be issued by the clerk of the circuit court of the county,
or of the corporation court of the city in which the female to be married
usually resides, or his deputy; and in case she is not a resident of the
State, then by the clerk of the circuit court of the county or of the cor-
poration court of the city in which the marriage is to be solemnized, or
his deputy; or, if the office of the clerk be vacant, or if from any cause
neither the clerk nor his deputy is able to issue the license, it may be
issued by the judge of the circuit court of such county, or of the corpor-
ation court of such city, who shall make return thereof to the clerk as
soon as there may be one. Every license for a marriage shall have
affixed thereto the seal of the court superimposed upon a wafer, the
design of which shall be determined by the auditor of public accounts
with the advice and assistance of the superintendent of public printing,
which wafer shall be of such size and design as may be best adapted to
the purpose and shall be furnished by the auditor of public accounts to
the clerks of courts authorized to issue marriage licenses, and the clerk
of the court shall charge and collect for each wafer used two dollars,
which tax shall be by him accounted for and paid into the State treasury,
without any commission, at such time or times as the auditor of pubhe
accounts shall require, and the proceeds realized from the sale of these
wafers shall be applied to the expenses of the government. Each such
clerk shall at all times keep on hand a supply of said wafers. All such
wafers which become mutilated while in the possession of the clerk may
be returned to the auditor of public accounts under such regulations as
he may prescribe, and when so returned proper credit shall be given on
the books of his office. The auditor of public accounts shall issue these
wafers to the clerks and charge them for the same at the rate of two
dollars for each such wafer. The tax of one dollar for use of the seal of
the court provided by law shall not be charged and collected by the
clerk on the seal of the court required by this section to be affixed to
a marriage license.

Provided, however, that the failure of the clerk to afhx the stamp
herein provided for to any marriage license shall in no way invalidate
such license or any marriage thereunder.