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compelled to pay the debt: Saving, however, to all creditors being saving to infants, infants, married women or persons of non-sane memory at the time, when their respective causes of action accrued, the period of three years, after disability removed, within which time they shall be at liberty to bring their several actions, without any prejudice from the disbursement aforesaid.)

11. Be it further enacted, That hereafter, upon the qualification In what case bond of any executor of an executor, it shall be the duty of the courts in shall be given by which such qualification shall take place, if the executor shall de- tor, to insure persire to represent the estate of the first testator, to require bond with much of will of good security of such executor, in a sum sufficient to ensure the first testator, as performance of all things in the execution of the will of the first tes-formed. tator, (payable to the same persons to whom his bond as executor, is made payable,) which shall remain undone at the death of the executor of such first testator; and the bond to be executed upon such qualification, shall be as effectual to bind as well the principal as the sureties in such bond, for the faithful performance of the duties of such executors of executors, in relation to the estate of the first testator, as for the faithful performance of the duties of such executors of executors in relation to the estate of the executor of such first testator. If such executor shall fail to give bond and se. Failure to give curity as aforesaid, for the faithful administration of the estate of

such bond, to be the first testator at the time of qualifying as executor to the execu- ciation of authoritor, he shall be regarded as having renounced all authority over the first testator. estate of the first testator; and a representative of that estate may be appointed, in the same manner as if the first executor had died intestate.(k)

12. Be it further enacted, That the act passed on the nine- Act of February teenth of February, in the year eighteen hundred and twenty-three, ed, except the 4th entitled, “an act to amend an act, entitled, 'an act reducing into section. one the several acts concerning wills, the distribution of intestates' estates, and the daty of executors and administrators,'” shall be and the same is hereby repealed, and the law from henceforth, shall be held and taken as if that act had never passed; except the fourth section of said act, which shall be and continue in force, in the same manner as if this act had never passed.(?)

13. This act shall commence and be in force from the first day Commencement. of July next; save only, that it shall so far operate from its passage, as to prevent all forfeitures under the first and second sections of the act of the nineteenth of February, eighteen hundred and twentythree, above repealed.

construed a renun.

Chap. 159.–An ACT making further provision for the probat of authenticated

copies of wills.*

(Passed February 20th, 1832.) 1. Be it enacted by the general assembly, That authenticated co- Where authontipies of wills, proved according to the laws of any of the United cated copies of

wills proved out of States, or of the countries without the limits of the same, having the state may be relation to any estate within this commonwealth, may be offered for

recorded. probat in the superior or inferior court of any county or corporation

(i) 1 Rev. Code 1819, ch. 104, § 58, p. 389.
(k) Ibid. § 65, 66, p. 390.
(1) Acts 1822-3, ch. 28, § 1, 2, 3, p. 28.

Acts 1831-2, ch. 69, p. 57. Former law, 1 Rev. Code 1819, ch. 104, § 16, pp. 378, 379.

wherein the real estate of the deceased or the greater part thereof lies, or if there be no real estate, where his personal property or the

greater part thereof may be found, in the same manner as under 1 Rev. Code 1819, the sixteenth section of the act concerning wills, the distribution p. 378, ø 16.

of intestates' estates and the duty of executors and administrators, Powers of courts the same may be done in the general court; and thereupon such wbere probat is granted.

superior or inferior court shall have all the powers granted by said act in such cases to the general court.

2. This act shall be in force from the passing thereof.

Commencement.

Chap. 160.-An ACT further directing the course of administration of per

sonal assets.*

[Passed March 29th, 1831.] In administration 1. Be it enacted by the general assembly, That in the administraof personal assets, tion of the personal assets of decedents' estates, debts due by speequal dignity. cialty, and promissory notes, or other writings signed by the dece

dent, or some other person, by him or her thereunto lawfully authorized, shall be regarded and taken to be of equal dignity.

2. This act shall be in force from and after the first day of June next.

what debts of

Commencement.

deceased wife's

Chap. 161.–An ACT to alter and amend the act, entitled, “an act to reduce

into one the several acts to regulate the solemnization of marriages, prohibit. ing such as are incestuous or otherwise unlawful; to prevent forcible and stolen marriages, and for the punishment of the crime of bigamy.";

(Passed March 20, 1827.) Man marrying his 1. Be it enacted by the general assembly, That hereafter, if a man

shall marry his deceased wife's sister, he shall be deemed guilty of sister, how prose. cuted, and both a misdemeanor, to be prosecuted by information, or indictment in ponedes how pun- the superior court of law, for the county in which he shall reside,

and on conviction thereof, the parties shall be punished by such fine or imprisonment, or both, as the jury empannelled to try such offence may determine, any law, usage or custom, to the contrary

notwithstanding Repealing clause. 2. All acts and parts of acts, coming within the purview of this

act, shall be, and the same are hereby repealed.

3. This act shall commence and be in force from the passage thereof.

Commencement.

Preamble.

Chap. 162.-An ACT authorizing the appointment of commissioners in cero

tain cases, to celebrate the rites of marriage. I

[Passed December 201h, 1830.] Whereas it is represented to the general assembly, that in different parts of the county of Bath, there is no ordained minister of the gospel, in regular communion with any society of christians, or other person authorized to celebrate the rites of matrimony between per

*Acts 1830-31, ch. 33, p. 102. See ante. ch. 158, § 7; acts 1824-5, ch. 8, p. 12.

+ Acts 1826-7, ch. 24, p. 22. For the degrees of relationship, within which marriage is prohibited in Virginia, see 1 Rev. Code 1819, ch. 106, § 17, p. 399. Former law prohibiting the marriage of a man with his wife's sister, declared that the parties should be separated by the definitive sentence of any superior court of law; authorized the court to impose a fine to be assessed by a jury, and invested the court with power to require bond and security that the parties will not thereafter cohabit,

| Acts 1830-31, ch. 37, p. 103.

sons to celebrate

ny.

sons desirous of entering into that state; and other counties or parts thereof, may labour under a similar grievance: 1. Be it enacted, That it shall and may be lawful for the court of Courts empower

ed to appoint perthe said county of Bath, and for the court of any other county, the citizens of which suffer or shall suffer the inconvenience aforesaid,

rites of matrimoto appoint one or two persons as such court in their discretion may think necessary, residing in such county, who, upon taking the oath and giving bond and security, as required by the ninth section of the act, entitled, “an act to reduce into one the several acts to regulate the solemnization of marriages, prohibiting such as are incestuous, or otherwise unlawful, to prevent forcible and stolen marriages, and for the punishment of the crime of bigamy," and receiving from the said court a testimonial as prescribed by the said section, shall be authorized to celebrate the rites of marriage within such district or territorial limits of the said county, as the said court shall by its order prescribe and direct; and the person or persons To be subject to,

and regulated by so appointed, shall in all respects be subject to, and regulated by the several provisions prescribing the duties of those now authorized by law to celebrate the rites aforesaid.(a) 2. This act shall be in force from its passage.

Cominencement.

former lawy.

CHAP. 163.–An ACT to amend the act concerning the solemnization of marriages, passed the first of March, eighteen hundred and nineteen.*

(Passed February 16th, 1831.) 1. Be it enacted by the general assembly, That it shall be lawful Ministers assigned for any ordained minister of the gospel in regular communion with a temporarily to cirsociety of christians, and who by the government and discipline of to celebrate rites

of marriage. the church of which he is a member, has been assigned to a circuit, station or district for the period of one year at the least, to obtain from any county or corporation court within such circuit, station or district, testimonials to celebrate the rites of matrimony according to the laws of this commonwealth ; and such court is hereby authorized to grant the same.

2. Be it further enacted, That any minister to whom testimoni- Subject to what als shall be granted by virtue of this act, shall be subject to all the

penalties.
penalties prescribed by the act, entitled, “ an act to reduce into one
the several acts to regulate the solemnization of marriages, prohibit-
ing such as are incestuous or otherwise unlawful, to prevent forci-
ble and stolen marriages, and for the punishment of the crime of
bigamy," passed the first day of March, one thousand eight hun-
dred and nineteen; and shall give bond as therein required, but the
securities to such bond shall reside in the county or corporation in
which such testimonials may be granted.
3. This act shall be in force from the

passage
thereof.

Commencement. (a)1 Rev. Code 1819, ch. 106, § 8, 9, 10, 11, pp. 396, 397. See post. ch. 163.

* Acts 1830-31, ch. 35, p. 102. For provisions and regulations of former law, see 1 Rev. Code 1819, ch. 106, pp. 393, 403. Courts empowered to appoint persons to celebrate rites of matrimony, ante. ch. 162.

cense, where no

Chap. 164.-An ACT to amend so much of the marriage act as prescribes the

mode of obtaining licenses.*

(Passed March 13th, 1832.) Consent of mother 1. Be it enacted by the general assembly, That whenever a license sufficient to authorize issuing li.

is desired for the marriage of any person under the age of twenty

one years, not before married, and having no father or guardian, father or guardian. the consent of the mother of such infant, given or certified and

proved, as is directed in relation to the consent of the father or guardian, by the sixteenth section of the act, entitled, “an act to reduce into one the several acts to regulate the solemnization of marriages; prohibiting such as are incestuous, or otherwise unlawful; to prevent forcible and stolen marriages, and for the punishment of the crime of bigamy,” shall authorize the clerk to issue the license for such marriage, provided the other requisites of the said act be complied with.

2. This act shall be in force from the passing thereof.

Commencement.

Proviso.

Chap. 165.–An ACT to prescribe the method of proceeding in suits, and on

petition for divorces.t

(Passed February 17th, 1827.] Jurisdiction of 1. Be it enacted by the general assembly, That the superior courts superior courts of of chancery within this commonwealth shall have jurisdiction to for divorce a rin. hear and determine suits for the dissolution of marriage, where the culo matrimonii.

causes alleged therefor shall be natural or incurable impotency of body at the time of entering into the matrimonial contract; idiocy, bigamy; and in such suits, upon full and satisfactory evidence, independent of the confession or admissions of either party, they shall

have power by definitive sentence to pronounce and decree the marMode of proceed- riage to be null and void. Such suits shall be prosecuted according in such suits. ing to the rules of proceeding in said courts, except that the defen

dant shall not be compelled to answer upon oath, and that the bill shall in no case be taken for confessed; but if the defendant shall fail to answer, the cause shall be set for trial, and the court may proceed to decide it upon the evidence adduced : Provided, however, That nothing in this act contained shall be so construed as to

give any validity to marriages which are void in law. Jurisdiction in 2. And be it further enacted, That the superior courts of chan

cery shall have cognizance of matrimonial causes, on account of adultery, cruelty, and just cause of bodily fear; and in such cases may grant divorces a mensa et thoro in the usual method of pro

ceeding in those courts. Powers granted 3. And be it further enacted, That in granting divorces a mensa chancery in pro

et thoro, for causes which justify such divorces by the principles of nouncing decrees. the common law, the court of chancery shall have full power to

decree perpetual separation and protection to the persons and property of the parties, to decree to either, out of the property of the other, such maintenance as may be proper ; to restore to the injured party, as far as practicable, the rights of property conferred by the marriage on the other ; and so to dispose of the custody and guar

dianship, and provide for the maintenance of the issue of the marEffect of decree riage, as under all the circumstances may seem right. A decree of separation upon

* Acts 1831-2, ch. 29, p. 27. For the manner of obtaining marriage licenses, see 1 Rev. Code 1819, ch. 106, § 16, p. 398.

+ Acts 1826-7, ch. 23, p. 21.

causes for divorce a mensa et thoro.

the courts of

lature for a divorce.

of perpetual separation from bed and board, shall have the same the rights of the effect upon the rights of property which either party may acquire, their property. after the decree, and upon the personal rights which either may enjoy after such decree, as a divorce a vinculo matrimonii, would have, save only that no such decree of separation from bed and board, shall authorize either party to marry again during the lifetime of the other, and that another marriage, after such decree, shall expose the offender to the same pains and penalties, as if such decree had never been made.

4. And be it further enacted, That every person intending to Method of propetition the general assembly for a divorce, shall file in the clerk's coeding where office of the superior court of law for the county in which he or petitioning legisshe may reside, a statement of the causes on which the application is founded, of which, at least two months before the next court, notice shall be given to the adverse party by personal service, where he or she resides in the commonwealth, or if not a resident therein, by publication for four weeks in some newspaper printed in the city of Richmond, requiring his or her attendance thereat: and thereupon the court, without other pleadings in writing, shall cause a jury to be impannelled to ascertain the facts set forth in said statement, and their verdict shall be recorded : Provided, That the confession of the parties shall not be taken as evidence in the trial. A certified copy of which proceedings shall accompany every petition for divorce presented to the legislature, unless a divorce from bed and board shall have been previously granted by a court of chancery, in which case a copy of the record thereof shall accompany such petition.

5. And be it further enacted, That the costs in suits for divorce Costs in sach shall be the same as in other suits in chancery, and may be ad- suits. judged against either party according to the discretion of the chancellor : and the fees to the officers and witnesses in the superior Fees of officers courts of law under this act, shall be the same as for similar services and attendance in other cases in such courts.

6. And be it further enacted, That either party may obtain an Appeals may be appeal to the court of appeals from any decree made in any suit taken as in other under this act, in the same manner as in other suits; and the same Time allowed abtime shall be allowed to absent defendants to set aside any such set aside decree. decree as is allowed in other cases.

and witnesses.

Chap. 166.--An ACT to amend the act to reduce into one, the several acts

concerning guardians, orphans, curators, infants, masters and apprentices, passed February the eighteenth, one thousand eight hundred and nineteen, and for other purposes.

(Passed February 27th, 1828.) 1. Be it enacted by the general assembly, That the respective Power given councounty and corporation courts shall have power to decree a sale ofy and corporation any lands belonging to an infant or infants, in the same manner, sale of infants? and upon the same terms, that the superior courts of chancery may now decree such sale under the sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second and twenty-third sections of the act, entitled, an act to reduce into one, the several acts concerning guardians, orphans, curators, infants, masters and apprentices,” passed February eighteenth, eighteen hundred and

lands.

* Acts 1827-8, ch. 34, p. 26. Guardians of insane persons, when and how appointed, acts 1821-5, ch. 9, § 3, p. 15; post. ch. 168, § 3.

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