Note 1325 — Chapter XVI · A CENTURY AND A QUARTER OF MARRIAGE LEGISLATION IN THE UNITED STATES, 1776-1903

In 1827 the law forbidding marriage with a deceased wife's sister was considerably relaxed. The parties are no longer to be separated, but to be "deemed guilty of a misdemeanor, to be prosecuted by information, or indicted in the Superior Court of Law;" and on conviction they are to be punished by such fine or imprisonment or both, as the jury may determine: Acts (1826-27), 22. This law was still in force in 1841: Tate, Digest (2d ed.), 500, where the editor cites Vaughan's opinion in Hill v. Good, 2 Virginia Cases, 61. But the restriction does not appear in Code of Va. (1849), 470, 471 (degrees). Cf. Leigh, 17.