CHAPTER 610
An Act to amend and reenact § 20-46, as amended, of the Code of Vir-

ginia, relating to marriage of habitual criminals, insane persons, and
mental defectives.
[H 7791

Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:

1. That § 20-46, as amended, of the Code of Virginia, be amended and
reenacted as follows: .

§ 20-46. (1) Definitions.—The term “habitual criminal” as used in
this section shall be construed to mean anyone who has been convicted
at least three times of felonious crimes, and the term “hereditary epileptic
shall be construed to mean 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 hereafter inter-
marry 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 determine
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, feeble-minded person, imbecile, heredi-
tary epileptic or insane person, shall be authorized to follow the recom-
mendation 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 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.

In the event any person applying for such license shall present to
the clerk a certificate dated within the preceding thirty days from a
qualified physician or superintendent of any mental institution showing
that such person has been discharged from the care of such physician or
from an institution for the care and treatment of the mentally-ill or
mentally-deficient, or has improved and in the judgment of such physician
or superintendent, is not an idiot, imbecile, hereditary epileptic or insane
person and is capable of entering into the marriage relationship, the
clerk may issue such license, and be discharged of any liability under the
provisions of this section.

(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
performed.

(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
exceeding ninety days, or both.