CHAP. 42. - An ACT to regulate the solemnization of marriages, prohibiting such as are incestuous or otherwise unlawful; to prevent forcible and stolen marriages, and for punishment of the crime of bigamy.
(Passed December 22, 1792.)
1. Be it enacted, That no minister shall celebrate the rites of matrimony between any persons, or join them together as man and wife, without lawful license, or thrice publication of bans according to the rubrick in the book of common prayer, if the parties so to be married shall be members of the protestant episcopal church; and if the persons to be married dwell in several parishes, the bans shall be published in each parish, and the minister of the one shall not solemnize the matrimony, until he hath a certificate from the minister of the other parish, that the bans have been thrice published and no objection made against the parties joining together. And if any minister shall celebrate the rites of matrimony, or join any persons in marriage, without such license or publication of bans as by this act required, he shall, for every such offence, be imprisoned one whole year without bail or mainprize, and shall also forfeit and pay fifteen hundred dollars. And if any minister shall go out of this government, and there join in marriage any person or persona belonging to this commonwealth, without such license or publication of bans, he shall be liable to the same penalties and forfeitures, as if such marriage had been by him celebrated within this commonwealth: Provided always, That where any parish or parishes have not a minister, the clerk or reader may publish bans, and if no objection be made, grant certificate thereof; which, together with a certificate under the hand and seal of a justice of the peace for the said county, living in the parish where such publication shall be, certifying that the feme so to be joined, hath been an inhabitant of the said parish one mouth next before the date of such certificate, shall be sufficient for the minister to solemnize the rites of matrimony; and if any minister, clerk or reader, shall grant or issue a false certificate, he shall suffer the imprisonment without bail, and pay the forfeiture aforesaid; and shall also be liable to be prosecuted and punished as in case of forgery. And that all or any of the offences aforesaid, may be prosecuted, tried and determined in any court of record within this commonwealth; which courts are hereby declared to have cognizance thereof, and may hear and determine the same, and award execution thereupon, according to the course of the common law: And provided also, That all publications of the bans of matrimony on the western waters of this commonwealth, shall be made on three several days, and not in less time than two weeks, in open and public assemblies, convened for religious worship, or other lawful purposes, within the bounds of the respective congregations or militia companies in which the parties to be married severally reside; and for a certificate of such publication, the person making the same, may demand and receive fifty cents.
2. It shall and may be lawful for any ordained minister of the gospel in regular communion with any society of Christians, and every such minister is hereby authorized to celebrate the rites of matrimony according to the forms and customs of the church to which he belongs, between any persons within this state, between whom publication of bans shall have been duly made, or who shall produce a marriage license pursuant to the directions of this act, directed to any authorized minister of the gospel.
3. Provided always, That every such minister shall first produce credentials of his ordination, and also of his being in regular communion with the Christian society of which he is reputed a member, to the court of the county or corporation in which he resides; shall take the oath of allegiance to this commonwealth, and enter into bond, with two or more sufficient securities, in the sum of fifteen hundred dollars, payable to the governor for the time being, and his successors, conditioned for the true and legal performance of this trust: Whereupon such court is hereby required to grant such minister a testimonial in the following form, given under the hand and seal of the then sitting judge or senior magistrate, and attested by the clerk, to wit: "This shall certify to all whom it may concern, that at a court held for ____, on the ____ day of ____, in the year one thousand ____ hundred and ____, A. B. produced credentials of his ordination, and also of his being in regular communion with the ____ church; took the oath of allegiance to this commonwealth, and entered into bond as required by 'An act to regulate the solemnization of marriages; prohibiting such as are incestuous or otherwise unlawful; to prevent forcible and stolen marriages; and for punishment of the crime of bigamy;' and that he is thereby authorized to celebrate the rites of matrimony agreeable to the forms and customs of the said church, between any persons to him regularly applying therefor within this state. Given under my hand and seal, the day and year above written." Every testimonial so obtained, shall be taken as good and sufficient authority for celebrating the rites of matrimony according to law: Provided nevertheless, That no testimonial shall be granted to any minister who is itinerant, or who is not stated and settled within some parish, or with some Christian congregation within this commonwealth.
4. Provided also, If any authorized minister shall himself at anytime decline, or be elected from his office by the church to which he belongs; or if any of his securities shall give him notice in writing, that they desire to be released from their suretyship, in either of these cases, if he refuses or neglects to give up his testimonials, to the court from which they were obtained, any one of his securities, without instituting a suit, may proceed against him as if they were special bail in an action of debt, until he is thereunto compelled, or gives them sufficient caution for their indemnification.
5. It shall and may be lawful for the people called quakers and menonists, or any other christian society, that have adopted similar regulations in their church, to solemnize their own marriages, or to be joined together as husband and wife, by the mutual consent of the parties openly published and declared before their congregations when convened for religious worship, in the manner, and agreeable to the regulations that have heretofore been practised in the respective societies.
6. And whereas some magistrates and others, not authorized by law, have been induced by the want of ministers to solemnize marriages:
7. Be it enacted, That all such marriages openly solemnized, and made at anytime before the first day of July, one thousand seven hundred and eighty-five, and which shall have been made, consummated by the parties cohabiting together as husband and wife, shall be taken, and they are hereby declared good and valid in law; and all and every person or persons solemnizing such marriages, are and shall be exonerated from all pains and penalties, as if they had been authorized ministers: Provided always, And it is the true intent and meaning of this act, that nothing herein contained, shall extend or be construed to extend to confirm any marriage heretofore celebrated, or which may hereafter be celebrated between parties within the degrees of consanguinity or affinity, forbidden by law, or where either of the parties were bound by a prior marriage, to a husband or wife, then alive.
8. Instead of the fees heretofore prescribed by law, any authorized minister may demand and receive in current money for the celebration of every marriage, the sum of one dollar.
9. If any minister shall refuse to celebrate the rites of matrimony for the fees herein before allowed him, or shall exact other or greater fees; or if he or any parish reader or clerk, shall refuse to publish the bans, or to certify the same when required for the fee aforesaid, or exact any other or greater fee, every person so offending, shall forfeit and pay fifty dollars to the party grieved for every such offence, recoverable in any court within this commonwealth, by action of debt or information.
10. And that a register of all marriages may be preserved: Be it enacted, That a certificate of every marriage hereafter solemnized, signed by the minister celebrating the same, or in the case of quakers, menonists, and other societies that solemnize their marriages by the consent of the parties taken in open congregation as aforesaid, by the clerk of the meeting, shall be by such minister or clerk, (as the case may be) transmitted to the clerk of the county or corporation, wherein the marriage is solemnized, within twelve months thereafter, to be entered on record by the clerk, in a book by him to be kept for that purpose, which shall be evidence of all such marriages. The clerk shall be entitled to demand and receive of the party so married, the sum of twenty-five cents for recording such certificate, and giving the bearer a receipt therefor.
11. Every minister or clerk of a congregation (as the case may be) failing to transmit such certificate to the clerk of the court in due time, shall forfeit and pay the sum of sixty dollars; and if the clerk of any county shall fail to record such certificate, he shall forfeit and pay the like sum of sixty dollars, to be recovered with costs of suit, by the informer, in any court of record.
12. Every license for marriage shall be issued by the clerk of the court, of that county or corporation wherein the feme usually resides, in manner following, that is to say: the clerk shall take bond, with good security, for the sum of one hundred and fifty dollars, payable to the governor of the commonwealth for the time being, and his successors, for the use of the commonwealth, with condition that there is no lawful cause to obstruct the marriage for which the license shall be desired, and every clerk filling herein, shall forfeit and pay one hundred and fifty dollars; and if either of the parties intending to marry, shall be under the age of twenty-one years, and not theretofore married, the consent of the father or guardian of every such infant, shall be personally given before the said clerk, or certified under the hand and seal of such father or guardian, attested by two witnesses, one of which witnesses shall personally appear before the said clerk, and make oath or affirmation (as the case may require) that he saw the father or guardian, whose name is annexed to such certificate, subscribe or acknowledge the same; and thereupon the clerk shall issue a license, and certify that bond is given, and every clerk is hereby authorized to administer such oath, or affirmation, as aforesaid; and if the parties or either of them be under the age aforesaid, he shall also certify the consent of the father or guardian, and the manner thereof, to any justice sworn in the commission of the peace, who is hereby authorized and required to sign and direct the same: and every license so obtained and signed, and no other whatsoever, is hereby declared to be a lawful license; and if any county or corporation court clerk shall in any other manner, issue or certify any marriage license, or if any person whatsoever shall presume to sign or direct such license, in other manner, or without such certificate, as is by this act required, every person so offending, shall be imprisoned one whole year without bail or mainprize, and shall forfeit and pay fifteen hundred dollars, recoverable in any court of record within this commonwealth.
13. If any person whatsoever since the eighth day of December, one thousand seven hundred and eighty-eight, hath, or at any time hereafter, shall marry within the following degrees, that is to say: If the son hath married, or shall marry his mother or stepmother, the brother his sister, the father his daughter, or his son's daughter, or his daughter's daughter, or if the son hath married, or shall marry the daughter of his father, begotten and born of his step-mother, or the son hath married or shall marry his aunt, being his father's or his mother's sister, or hath married or shall marry his uncle's wife, or the father hath married, or shall marry his son's wife, or the brother hath married, or shall marry his brother's wife, or any man hath married, or shall marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister, every person or persons so unlawfully married, shall be separated by the definitive sentence or judgment of the high court of chancery; and the attorney general, upon any information made to him of any such marriage, shall, and may exhibit a bill to the judge of the said court, against any persons so unlawfully married, who shall be compelled upon oath to answer the same; and upon such bill and answer, and the depositions of witnesses, where the same shall be necessary, the said court shall and may proceed to give judgment, and to declare the nullity of such marriage, and moreover may punish the parties by fine; and if the court see fit, may cause the parties to give bond with sufficient surety, that they will not cohabit hereafter, in such penalty as the said court shall judge reasonable: Provided always, That no punishment by fine shall be imposed on any person until the same shall have been assessed by a jury, duly impannelled at the bar of the said court: And provided also, That nothing herein contained, shall be construed to render illegitimate, the issue of any marriage so annulled.
14. If any person or persons within this commonwealth, being married, or who shall hereafter marry, do at any time after the commencement of this act, marry any person or persons, the former husband or wife being alive, every such offence shall be felony, and the person or persons so offending, shall suffer death as in cases of felony; and the party and parties so offending, shall receive such and like proceeding, trial, and execution within this commonwealth, as if the offence had been committed in the county where such person shall be taken or apprehended: Provided, That nothing herein contained, shall extend to any person or persons, whose husband or wife shall be continually remaining beyond the seas by the space of seven years together, or whose husband or wife shall absent him or herself, the one from the other, by the space of seven years together, in any part within the United States of America or elsewhere, the one of them not knowing the other to be living within that time: Provided also, That nothing herein contained, shall extend to any person or persons, that are or shall be at the time of such marriage divorced by lawful authority, or to any person or persons where the former marriage hath been, or hereafter shall be by lawful authority, declared to be void and of no effect, nor to any person or persons for or by reason of any marriage had or made, or hereafter to be had or made within age of consent: And provided also, That no attainder for the offence made felony by this act, shall make or work any corruption of blood, or forfeiture of estate whatsoever.
15. If any feme sole of the age of twelve, and under fourteen years, shall marry any person contrary to the will or consent of her father or guardian, and without legal publication of the bans, then the next of kin to such feme, to whom the inheritance should descend or come, shall have right to enter upon and take possession of all lands, tenements, hereditaments, and other real estate whatsoever, which such feme, at the time of her marriage had in possesssion, remainder, or reversion, and shall have, hold, occupy and enjoy the same to him or her, and the representatives of his or her stock, with all the immunities and privileges thereto belonging, during the time of such coverture; but after determination thereof, all such estate, and the possession, reversions and remainders, rights, immunities, and privileges, shall immediately revest, be, and remain in the said feme, and her heirs, other than her husband; and she and they, and every of them, may re-enter and take possession thereof, as if this act had never been made.
16. If any minister, clerk or reader, shall wittingly publish the bans of marriage between any servants by act of assembly, indenture or custom, or between any free person and such servant, or if any minister shall knowingly marry any such without certificate from the master or owner of every such servant, that it is with his or her consent, every minister, clerk, or reader, so offending, shall forfeit and pay two hundred and fifty dollars for every such offence, recoverable in any court of record of this commonwealth; and every such servant, so married without consent of his or her master or owner, shall serve him or her, and his or her assigns, one whole year after all other time of service is expired, or pay him or her twenty dollars; and every free person so marrying such servant, shall pay the master or owner, twenty dollars for his or her own use, recoverable in any county or corporation court, with costs, or shall well and faithfully serve such master or owner one whole year in actual service.
17. And for preventing white men and women intermarrying with negroes or mulattoes: Be it enacted, That whatsoever white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall by judgment of the county court, be committed to prison, and there remain six months, without bail or mainprize; and shall forfeit and pay thirty dollars to the use of the parish.
18. No minister or person whatsoever within this commonwealth, shall hereafter presume to marry a white man with a negro or mulatto woman, or to marry a white woman with a negro or mulatto man, upon pain of forfeiting and paying for every such marriage, two hundred and fifty dollars, one half to the use of the commonwealth, and the other half to the use of the informer; to be recovered with costs, by action of debt, bill, plaint or information, in any court of record within this commonwealth, wherein no essoin, protection or wager of law, shall be allowed.
19. And whereas women, as well maidens as widows, and wives having substances, some in goods moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances, have been often times taken by misdoers contrary to their will, and afterwards married to such misdoers, or to others by their consent, or defiled: Be it further enacted, That whatsoever person or persons shall take any woman against her will unlawfully, that is to say, maid, widow or wife; such taking and the procuring and abetting to the same, and also receiving wittingly the same woman so taken, against her will, shall be felony, and that such misdoers, takers, and procurers to the same, and receivers, knowing the said offence in form aforesaid, shall be reputed and judged as principal felons: Provided always, That this act shall not extend to any person taking any woman, only claiming her as his ward or bond woman.
20. If any person above the age of fourteeen years, shall unlawfully take and convey away, or shall cause to be unlawfully taken or conveyed away, any maiden or woman child unmarried, being within the age of sixteen years, out of, or from the possession, and against the will of the father or mother of such maiden or woman child, or out of, or from the possession, and against the will of such person or persons as then shall happen to have by any lawful ways or means, the order, keeping, education or governance of any such maiden or woman child, and being thereof duly convicted, shall suffer imprisonment, without bail or mainprize, for any term not exceeding two years, as shall be adjudged against him.
21. If any person or persons shall so take away, or cause to be taken away, as is aforesaid, and deflower any such maid or woman child, as is aforesaid, or shall, against the will or knowledge of the father of any such maid or woman child, if the father be in life, or against the will or knowledge of the mother of any such maid or woman child, having the custody and governance of such child, if the father be dead, by secret letters, messages, or otherwise, contract matrimony with any such maiden or woman child, every person so offending and being thereof lawfully convicted, shall suffer imprisonment of his body, by the space of five years, without bail or mainprize.
22. All the fines which shall or may be imposed by virtue of so much of this act, as relates to incestuous marriages, shall be to the use of the poor of the county wherein the offence or offences shall be committed; and one moiety of all the forfeitures arising under this act, and not otherwise appropriated, shall be to the use of the commonwealth, and the other moiety to the party or parties who shall sue for the same.
23. All and every other act and acts, and clause or clauses of acts, for so much thereof as relates to any thing within the purview of this act (except as herein after provided) are hereby repealed, and made void: Provided always, That nothing in this act contained, shall be construed to repeal an act, intituled, "An act concerning incestuous marriages," or one other act, intituled, An act for the punishment of the crime of bigamy," or one other act, intituled, "An act against forcible and stolen marriages," for so much of either of them as relates to any offence within the purview thereof, committed or done before the commencement of this act; but the said recited acts, as to all such offences, shall be, and remain in full force, in the same manner as if this act had never been made.
24. This act shall commence and be in force from and after the passing thereof.
The Statutes at Large, Being a Collection of All the Laws of Virginia, From the First Session of the Legislature, in the Year 1619, Volume III, by William Waller Hening, pages 441-46
I. BE it enacted, by the Governor, Council, and Burgesses of this present general assembly, and it is hereby marry, without enacted, by the authority of the same, That no minister or ministers shall celebrate the rights of matrimony between any persons, or join them together as man and wife, without lawful licence, or thrice publication of the banns according as the rubric in the common prayer book prescribes, which enjoins, that if the persons to be married, dwell in several parishes, the banns shall be published in both parishes; and that the curate of the one parish shall not solemnize the matrimony until he have a certificate from the curate of the other parish, that the banns have been thrice published, and no objection made against the parties joining together: And if any minister or ministers shall, contrary to the true intent and meaning of this act, celebrate the rites of matrimony between any persons, or otherwise join them in marriage, he or they so offending, shall, for every such offence, be imprisoned without bail or mainprize, by the space of one whole year, and also shall forfeit and pay five hundred pounds current money of Virginia: And if any minister, contrary to the true intent and meaning of this act, shall go out of this her majesty's colony and dominion, and there join together in matrimony, any person or persons belonging to this country, without such licence or publication of banns, as is here in prescribed, every minister so offending, shall incur the same penalties and forfeitures, as if the same had been done in this colony.
II. Provided always, and be it enacted, by the authority aforesaid, That where any parish or parishes have not a minister, it shall and may be lawful for the clerk or reader to publish the banns of matrimony between any persons desiring the same; and if no objection be made, to grant a certificate thereof, and such certificate shall be as sufficient for any minister to solemnize the rites of matrimony, as if the same had been signed, according to the directions herein before mentioned.
III. And be it also enacted, That if any minister, clerk or reader, shall grant a false certificate, he shall suffer one year's imprisonment, without bail or mainprize, and be fined five hundred pounds sterling, and shall also be liable to further punishment, as in case of forgery: And all such offences may be prosecuted, tried, and determined, in any court of record in this colony; which courts are hereby impowered to hold cognizance thereof, and to hear and determine the same, according to the course of common law; and upon conviction of the party accused, by confession, verdict, or otherwise, to award execution, and inflict the penalties provided by this act for the same: And in such case, the said offence may be alleged and laid in any county within this colony.
IV. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That all licences for marriage, shall be issued by the clerk of the court of that county where the feme shall have her usual residence, and by him only, and in such manner, and under such rules and directions as are herein mentioned and set down; (that is to say,) he shall take bond to our sovereign lady the Queen, her heirs and successors, with good surety, in the penalty of fifty pounds current money of Virginia, under condition, that there is no lawful cause to obstruct the marriage, for which the licence shall be desired; and each clerk failing herein, shall forfeit and pay fifty pounds current money of Virginia: And if either of the persons intended to be married, shall be under the age of one and twenty years, and not theretofore married, the consent of the parent or guardian of every such person under the age of one and twenty years, shall be personally given before the said clerk, or signified under the band and seal of the said parent or guardian, and attested by two witnesses: All which being done, the clerk shall write the licence, and shall certify specially the said bond: And if the persons, in the licence, or either of them, be under the age of one and twenty years, as aforesaid, he shall also certify the consent of the parent or guardian of such so under age, and the manner thereof, to the first justice in commission of the peace for that county, or to such other person as shall be thereto commissionated by the governor of this her majesty's colony and dominion, or commander in chief thereof, for the time being; which premises being performed, the said justice of the peace, or other person commissionated, as aforesaid, is hereby authorized, impowered, and required to sign and direct the said license: And a licence so obtained and signed, and no other whatsoever, thereby declared to be a lawful licence, according to the true intent and meaning of this Act: And if any county court clerk shall, in any other manner, issue any licence of marriage, or contrary to this act, make certificate for any licence of marriage; and if any person whatsoever shall sign or direct a licence of marriage, in any other manner, than is by this act permitted and allowed, or without such certificate from the county court clerk as is by this act prescribed, all and every person and persons so offending, shall be imprisoned without bail or mainprise, by the space of one whole year; and moreover, shall forfeit and pay five hundred pounds current money of Virginia.
V. And be it also enacted, by the authority aforesaid and it is hereby enacted, That if any woman-kind, or maiden, of the age of twelve years or upwards, and under the age of sixteen years, shall contrary to the will or consent of her parent or guardian, and without publication of the banns, as aforesaid, consent and agree in her marriage with any person whatsoever, that then the next of kin to such woman-kind, or maiden, to whom the inheritance should descend or come, shall have right to enter upon and take possession of all the lands, tenements, hereditaments, and all other real estate whatsoever, which the said woman-kind, or maiden, at the time of her said marriage and agreement, had in possession, reversion, or remainder; and have, hold, occupy, and enjoy the same, to him, and the representatives of his stock, with all the immunities and privileges thereto belonging, during the coverture: And that after the determination thereof, the said lands, tenements, hereditaments, and other real estate, and also the possessions, reversions, and remainders thereupon, with all the rights, immunities, and privileges thereto belonging, shall then immediately vest, remain and be in the said woman so agreed and married, as aforesaid, and her heirs, or such person or persons as should have enjoied the same, if this act had never been made, other than the person with whom she shall so consent in marriage, with power to them, and every of them, to re-enter and take possession of the same; any thing herein contained, to the contrary thereof, in any-wise, notwithstanding.
VI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any minister of reader shall wittingly publish, or cause or suffer to be published, the banns of matrimony, between any servants, or between any free person and a servant, or if a minister shall wittingly celebrate the rites of matrimony between any such, without a certificate from the master or mistress of every such servant, that it is done by their consent, he shall forfeit and pay ten thousand pounds of tobacco: And every servant so married, without the consent of his or her master or mistress, shall, for his or her said offence, serve his or her said master or mistress, their executors, administrators, or assigns, one whole year, after the time of service, by indenture or custom, is expired: And moreover, every person being free and so marrying with a servant, shall, for his or her said offence, forfeit and pay to the master or owner of such servant, one thousand pounds of tobacco, or well and faithfully serve the said master or owner of the said servant one whole year, in actual service.
VII. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That the clerk of each county court, annually, in October, send to the governor, or commander in chief of this her majesty's colony and dominion, for the time being, an account of the marriage licences issued by him, and also shall deliver to the sheriff, or collector for the county, the account of the governor's dues for the said licences, to be collected by the said sheriff, or collector, for the governor's use; and each clerk failing herein, to be fined one thousand pounds of tobacco.
VIII. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That the fees upon the said marriages, be as follows, viz.
To the governor, or commander in chief, for the time being, for each licence or marriage, twenty shillings, or two hundred pounds of tobacco.
To the clerk of the county court, issuing the same, five shillings, or fifty pounds of tobacco.
To the minister, if by licence, twenty shillings, or two hundred pounds of tobacco, if by banns five shillings, or fifty pounds of tobacco.
To the minister, or reader, for publishing banns and certifying the same, if required, one shilling and sixpence, or fifteen pounds of tobacco.
And that these, and every of these said fees, if not in ready money, shall be paid, at time of year, in tobacco, of the growth of the parish where the feme lives; and upon refusal of paiment, be leviable by distress, by such officer, or person, and in such manner as directed for clerks fees.
IX. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if the bridegroom live out of the county where the licence is granted, or if the clerk of the county court making out such licence, shall have ground to suspect, that the person taking out such licence intends to remove out of the county, before the time of paiment of the aforesaid dues, or is insolvent, the said clerk is hereby impowered and required, in such case, to demand and take bond of every such person or persons, with good security in the county, to pay all fees accruing due, by reason of such licence, at such time, and in such manner, as is herein before directed, and upon refusal of paiment, the said fees shall and may be levied on the estate of the security, by distress, as aforesaid.
X. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any minister shall refuse to celebrate the rites of matrimony, for the fees herein set down and allowed him; or shall exact greater or other fees than are hereby allowed to the minister, he shall forfeit and pay, for every such offence, (that is to say,) four thousand pounds of tobacco, if the marriage was, or was to have been, by licence; and five hundred pounds of tobacco, if by banns: one moiety of all the fines, forfeitures, and penalties, in this act before mentioned, and not particularly appropriated, to be to her majesty, her heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to him or them that will inform, or sue for the same: And to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.
XI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if the minister or reader of any parish shall refuse to publish and certify the banns, for the fees herein set down, and allowed him; or shall exact greater or other fees, than are hereby allowed for the same, he shall, for every such offence, forfeit and pay to the party grieved, one hundred and fifty pounds of tobacco: To be recovered, with costs, before a justice of the peace.
XII. Provided always, That the minister serving the cure of any parish, shall have the benefit of the perquisites for marriages and funeral sermons in the said parish, (if he do not neglect or refuse to do the service thereof) although another minister be emploied to do the same.
XIII. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to any matter or thing whatsoever, within the purview of this act, is and are hereby repeated, and made void, to all intents and purposes, as if the same had never been made.
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