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Special Order No 51

March 20th, 1866.
Special Order
No 51
I...So far as any jurisdiction of this Bureau extends over it, the property of Wm R. Hanahan, consisting of a lot of land, with appurtenances thereon situated on County Street, Portsmouth, Va, is restored to him with all the rights and privileges of ownership, upon the following conditions. viz:
1st The property will be restored to Wm R. Hanahan, upon the expiration of the lease to any third party, or parties, if any exists.
2nd That nothing in this order be construed as entitling him to compensation for damages to the property, or to rents which many have accrued. 
II...So far as any jurisdiction of this Bureau extends over it, the property of Humphrey H. Hynne, consisting of a tract of land, situated in Counties of York and Warwick, Va, is restored to him with all the rights and privileges of ownership, subject to the requirements of Par. 8, Cir. 15, War Department, Bureau R.F. and A.L, Series 1865, and upon the following conditions- viz:
1st the property will be restored to Humphrey H. Hynne, upon the expiration of the lease to any third party or parties, if any exist 
2nd That nothing in this order be construed as entitling him to

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compensation for damages to the property, or to rents which may have accrued-

III. So far as any jurisdiction of this Bureau extends over it, the property of Frederick W. Jett, consisting of a lot of land, situated in the town of Hampton, Elizabeth City County, Va, is restored to him with all the rights and privileges of ownership, subject to the requirements of Par. 8, Cir. 15, Series 1865, Bureau R. F. and A.L, War Department, and upon the following conditions- Viz:
1st The property will be restored to Frederick W. Jett, upon the expiration of the lease to any third party or parties, if any exists-
2nd That nothing in this order be construed as entitling him to compensation for damages to the property, or to rents which may have accrued-

IV. So far as any jurisdiction of this Bureau extends over it, a tract of land, known as Yatemsville, situated in the County of Norfolk, Va, is restored to Charles Sharp, trustee, with all the rights and privileges of ownership, subject to the requirements of Par. 8, Cir. 15, Series 1865, War Department, Bureau R.F. & A.L, and upon the following conditions--Viz:
1st The property will be restored to Charles Sharp, trustee, upon the expiration of the lease to any third party, or parties, if any exists-

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"the passage of this Act. And when the parties have ceased to
"cohabit before the passage of this Act, in consequences of the
"death of the woman, or from any other case, all the children of 
"the woman, recognized by the man to be his, shall be deemed
"Legitimate."
-
" An Act to amend and re-enact Sections one, three, five, seven 
" and fifteen of Chapter one hundred and ninety-six of the Code of
"Virginia." - Passed February 27th 1866.
" I, Any person who, being married, shall, during the life of
"the former husband or wife, marry another person in this State,
"or, if the marriage with such other person in this 
"State, shall thereafter cohabit with such other person in this
"State, shall be confined in the Penitentiary not less than three
"nor more than eight years.
" II. If any person marry in violation of the ninth or tenth
"Sections of Chapter one hundred and eight, shall be confined 
"in jail not more than six months, or fined not exceeding five
"hundred dollars, at the discretion of the Jury. And if any person 
"resident in this State, and within the degrees of relationship
"mentioned in those Sections, shall go out of this State, for the 
"purpose of being married, and with the intention of returning,
"and be married out of it, and afterwards return to reside in
"it, cohabiting as man and wife, they shall be as guilty and 
"be punished as if the marriage had been in this State. The fact
"of their cohabitation here as man and wife shall be evidence of
"their marriage.

" III. If any person knowingly preform the ceremony of marriage
"without lawful license, or officiate in celebrating the rites of 
"marriage without being authorized by law to do so, he shall be
"confined in jail not more than one year, and fined not exceeding
"five hundred dollars.

"IV. If any persons not married to each other, lewdly and 
"lasciviously associate and cohabit together, or whether married
"or not be guilty of open and gross lewdness and lasciviousness,
"they shall be fined not less than fifty nor more than five hundred 
"dollars, and upon repetition of the offence and conviction there-
"of, they shall also be imprisoned in the County or Corporation 
"Jail, at the discretion of the Court, for not less than six nor more 
"than twelve months"

The "9th and 10th Sections" referred to in the 2nd Section of the Act last above quoted provide that "No man shall marry his 'mother, grandmother. stepmother, sister, daughter, granddaughter." half sister, aunt, uncle's wife, son's wife, wife's daughter or
"her granddaughter, or stepdaughter, brother's daughter, sister's
"daughter, or wife of his brother's or sister's son" and that no woman shall marry in the corresponding degrees.
The only persons who can by law celebrate the rites of marriage are 1st, a Minister of the Gospel who has before a County Court produced proof of his ordination, &c, and given bond; 2nd, persons appointed by the County Court; and 3rd, where the marriage is between belonging to a religious society which has no ordained minister, it may be solemnized by the persons and in the manner prescribed by and practised in any such society. Every marriage must be under a license, which is to be issued by the Clerk of the Court or Corporation in which the female to be married usually resides. The consent of the father or guardian, or if there be none, of the mother, is necessary to the marriage of a person under twenty-one years. 

All marriages between a white person and a negro, and all marriages which are prohibited by law on account of either of the parties having a former husband or wife then living, are absolutely void, without any decree of divorce or other legal process. The general rule in other cases is that a divorce to be valid must be decreed by the Circuit Courts.

I. The Assistant Superintendents of the Bureau in this State will ascertain what colored persons were, on the 27th of February last, within their Sub-district, cohabiting together as man and wife, and will make a registry of such persons, now married by the operation of the above quoted law, as nearly as possible in the manner above provided for the registration of future marriages by the Clerk of the County. They will also ascertain, in the case provided where the parties have at the said date ceased to cohabit, in consequence of the death of the woman, or any other cause. with all their power and influence , endeavor to obtain complete and honest recognition in such cases, and when obtained they will make a dull registry thereof.

II. The Officers and Agent of the Bureau will take pains to explain to colored persons who were at the above date cohabiting together as husband and wife, that they are firmly married by the operation of the law, and will instruct them in the duties and obligations as well as rights and privileges of that relation. They will also cause the above quoted laws to be read at all religious and other meetings of the colored people until they are sufficiently informed of the important change effected by legislation in their domestic relations.
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