An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1952 |
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Law Number | 115 |
Subjects |
Law Body
CHAPTER 115
An Act to amend and reenact § 20-46 of the Code of Virginia, relating to
prohibition of marriage between certain persons, so as to conform
the section to the provisions of Chap 1 of Title 20 of the Code of
Virginia.
fH 121]
Approved February 25, 1952
Be it enacted by the General Assembly of Virginia:
a That § 20-46 of the Code of Virginia be amended and reenacted as
ollows:
§ 20-46. Marriage of habitual criminals, insane persons, and mental
defectives *.—(1) Definitions—The term “habitual criminal’ as used in
this section shall be construed to mean any one who has been convicted at
least three times of felonious crimes, and the term “hereditary epilectic”
shall be construed to mean any epileptic either of whose parents is or has
been an epileptic.
(2) Habitual criminals and mental defectives—No woman under
the age of forty-five years, and no man of any age, unless he marry a
woman over the age of forty-five years, either of whom is an habitual
criminal, idiot, imbecile, hereditary epileptic or insane person, shall here-
after, intermarry or marry any other person within this State.
(3) Clergymen not to solemnize such marriages. —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 an 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.*
(4) Clerks not to issue license to such persons; evidence to deter-
mine disability.—No clerk of court, whose business it is to issue marriage
licenses, shall knowingly issue a license to any applicants either of whom
is an habitual criminal, idiot, imbecile, hereditary epileptic, or insane per-
son, unless it be that the female applicant is over the age of forty-five
years. * The clerk, in the event he is not satisfied as to whether either one
or both of the parties is or are an idiot, feebleminded person, imbecile,
hereditary epileptic or insane person, shall 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 the county or city
of his selection, and for which examination and report a fee not ex-
ceeding 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 re-
port and recommendation.
(5) Presentation of evidence of disability.—It shall be legal for any
person, knowing that any applicant for marriage is subject to any of the
disabilities named in this section, to appear before the clerk to whom ap-
plication 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 per-
rmed.
(6) Right of appeal.—Upon refusal of the clerk of any court in this
State to grant such license, the person or persons refused shall have the
right of appeal, at their own cost, to the circuit or corporation court of the
county or corporation in which the female party usually resides, with the
further right of appeal to the Supreme Court of Appeals.
(7) Penalty for violation—Any person knowingly violating any of
the provisions of this section shall, upon conviction thereof, be punished
by a fine not exceeding one hundred dollars, or confinement in jail not ex-
ceeding ninety days, or both.