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copy of such notice to the said treasurer ; and the said treasurer shall, 5 & 6 W. 4, upon receipt thereof, forthwith proceed to demand, collect, and receive, c. 30.
and shall, during the time that such dignity or benefice shall remain liable to the provisions of this act, continue from time to time to demand, collect, and receive the profits and emoluments as they shall respectively become due and payable, and shall diligently use and exercise all the powers and authorities hereby to him given for duly and regularly enforcing the payment thereof.
[For the 2 and 3 W. 4, c. 80, authorizing the identifying of lands and other possessions belonging to certain ecclesiastical and collegiate corporations. See post, Class V. CORPORATIONS.
Under the provisions of the 2 & 3 W. 4, c. 71, prescriptive rights may now be established against ecclesiastical persons upon an enjoyment for a much shorter period than formerly, and Spiritual Corporations sole are within the recent statute of Limitations, 3 & 4 W. 4, c. 27. See post, Part 4, Class VIII. LIMITATIONS.
Also by the 2 & 3 W.4, c. 100, claims to tithes by ecclesiastical persons are considerably limited. See post, Part 2, Class II. Tithes.
[29th May 1830.]
present Majesty, intituled An act for amending the Laws respecting 4 G. 4, c. 76. the Solemnization of Marriages in England, it is provided, that if the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, be demolished in order to be rebuilt, or be under repair, and on such account be disused for public service, it shall be lawful for the banns to be proclaimed in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, or in any place within the limits of the parish or chapelry which shall be licensed by the bishop of the diocese for the performance of Divine Serrice during the repair or rebuilding of the church as aforesaid : And whereas by an act passed in the fifth year of the reign of his present Majesty, intituled An Act to amend an Act passed in the last Session of 5 G. 4, c. 32. Parliament, intituled An Act for amending the Laws respecting the Solemmizution of Marriages in England, it was enacted, that all marriages which had been theretofore solemnized, or which should be thereafter solemnized, in any place within the limits of such parish or chapelry so licensed as aforesaid for the performance of Divine Service during the repair or rebuilding of the church of any parish, or chapel of any chapelry, wherein marriages had been usually solemnized, or if no such place should be solicensed, then in a church or chapel of any adjoining parish or chapelry in which banns were usually proclaimed, whether by banns lawfully published in such church or chapel, or by license lawfully granted, should not have their validity questioned on account of their having been so solemnized, nor should the ministers who had so solemnized the same be liable to any ecclesiastical censure or to any other proceeding whatsoever : And whereas the ministers of certain parish churches and chapels of chapelries have, during the repair or re-building of such churches or chapels, published the banns of marriages in some places within the limits of their parishes or chapelries respectively wherein Divine Service has been usually performed during the time of such repair or re-building, but have solemnized the marriages themselves in the churches or chapels of the same or of some adjoining parishes or chapelries : And whereas other clergymen, during the time of such repair or re-building, have published banns of inarriage and solemnized marriages in places duly licensed for the performance of Divine Worship, according to the forms of the united church of England and Ireland, within their respective parishes or chapelries, but not licensed specially for such performance during such time as aforesaid: And whereas it is expedient that the marriages so solemnized should not on that account have their validity questioned; be it therefore enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all marriages, the banns
The validity of whereof have been published in any place used for the performance of Divine Service within the limits of any parish or chapelry during the
solemnized repairs or rebuilding of the church or chapel thereof, which marriages under the cirhave been solemnized either in the said place so used or in the church
cumstances or chapel of the same or of some adjoining parish or chapelry during herein men
tioned, not to be questioned.
such repair or re-building, shall not have their validity questioned on 11 G. 4, c. 18. account of having been so solemnized.
II. That in every case in which the church of any parish or place, in During the
which banns of marriage may be published and marriages solemnized, time that any
shall be pulled down, or be rebuilding or under repair, it shall be lawful church, &c. is under repair
for the bishop of the diocese to order and direct that banns of marriage
may be published and marriages solemnized in any consecrated chapel the bishop may of such parish or place which he shall by order in writing direct, until to be published the church shall again be opened for the performance of Divine Service ; in any conse
and during all such period the said consecrated chapel shall, for all crated chapel purposes relating to the publication of banns of marriage and to the of the parish. solemnization of marriages, be deemed and taken to be the church of
the parish, any thing in any act or acts to the contrary notwithstanding ; and the fees in respect thereof shall be applied, during such period, as the bishop of the diocese shall, with the consent of the incumbent, order
and direct. For removing
III. And whereas doubts have arisen touching the validity of mardoubts as to riages solemnized in churches which have been made and constituted marriages the churches of distinct parishes, or district parishes, under the prosolemnized in visions of an act passed in the fifty-eighth year of his late Majesty, churches made intituled An Act for building and promoting the building of additional and constituted churches in populous parishes, and also of an act passed in the fifty-ninth 58 G.3, c. 45, year of his late Majesty, intituled An Act to amend and render more and
effectual an Act passed in the last Session of Parliament, for building and 59 G. 3, c. 134. promoting the building of additional Churches in populous Parishes : And
whereas it is expedient that such doubts should be removed; therefore be it enacted, That all marriages which have already been solemnized, or may hereafter be solemnized, in any church which shall have been made and constituted the church of a distinct parish, or of a district parish, as aforesaid, after consecration thereof and assignment of a district thereto, shall be as good and valid in law as if such marriages had
been solemnized in any parish church wherein banns had been usually 26 G. 2, c. 33. published before or at the time of passing an act made in the twenty
sixth year of king George the second, intituled An Act for the better pre
vention of clandestine Marriages. The validity of IV. And whereas, by error, banns have been published, and divers marriages
marriages have been solemnized, in chapels duly consecrated, but in solemnized in certain chapels
which chapels banns cannot be legally published, nor marriages by law not to be
be solemnized; and it is expedient to remove all doubts arising from questioned;
the circumstances aforesaid touching the due publication of such banns and the validity of such marriages; therefore be it enacted, That all banns already published, and all marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in a chapel not legally authorized for the publication of banns and the solemnization of marriages: Provided always, that nothing herein contained shall extend or to be construed to extend to authorize the publication of banns or the solemnization of marriages in such chapels hereafter.
V. And whereas divers marriages have taken place in chapels supnor marriages posed to be consecrated, the consecration of which chapels, however, solemnized in
cannot be proved, and may be doubted : And whereas it is expedient chapels, the consecration
that all apprehensions touching the validity of such marriages, on this of which may account, should entirely be removed; be it therefore enacted, That the be doubted. validity of such marriages shall not hereafter be questioned on account
of the uncertainty respecting the consecration of such chapels.
[No. II.) 3 & 4 W. IV. c. 45.-An Act to declare valid No. II.
Marriages solemnized at Hamburgh since the abolition of 3 & 4 W. 4, the British Factory there.
[14th August 1833.] WHEREAS the British factory at Hamburgh was dissolved, and the
privileges thereof abolished, in the year one thousand eight hundred and eight: and whereas divers marriages of subjects of this realm resident in Hamburgh have since the abolition of the said factory and prirueges been solemnized there by the chaplain appointed by the Lord Bishop of London, or some minister of the church of England officiating instead of such chaplain, in the British episcopal chapel, and in private bouses in that city, before witnesses, according to the rites of the church of England : and whereas it is expedient that no doubts should hereafter arise as to the validity of such marriages: may it therefore be declared and enacted ; and be it declared and enacted, &c. That all marriages of Marriages leparties subjects, or parties one of them being a subject of this realm, gally solemshich have been solemnized at Hamburgh since the abolition of the nized at British factory there, by the chaplain appointed by the Lord Bishop of Hamburgh London, or by any ministers of the church of England officiating instead since the abo
lition of of such chaplain, in the episcopal chapel of the said city, or in any other place, before witnesses, according to the rites of the church of England, Factory there
declared valid. shall be good and valid in law to all intents and purposes as if the same had been solemnized in the British factory at Hamburgh before the abolition thereof.
[No. III.] 4 & 5 W. IV. c. 28.--An Act to amend the Laws
relative to Marriages celebrated by Roman Catholic Priests and Ministers not of the Established Church in Scotland.
[25th July 1834.] WHEREAS an act was passed in the parliament of Scotland in the 4 & 5 W 4,
first session of the first parliament of King Charles the Second, in- c. 28. tituled Act against clandestine and unlawful Marriages ; and another act i Parl. Car.'', was passed in the seventh session of the said first parliament of King Sess. 1, c. 34, William, intituled Act against clandestine und irregular Marriages : and An. 1661. whereas by the said recited acts, or one or other of them, Roman Catholic 1 Parl. Will. priests, and other ministers not of the established church of Scotland, Sess, 7, c. 6, celebrating marriages, and persons married by such clergymen in Scot- An. 1698. land, are rendered liable to certain punishments, pains, and penalties : and whereas it is expedient that the said acts should be altered and amended: be it therefore enacted, &c. That from and after the passing So much of of this act, so much of the said recited acts as prohibits the celebration of recited acts as marriages in Scotland by Roman Catholic priests or other ministers not
by belonging to the established church of Scotland, or imposes any fine, Roman Catho. pain, or penalty on persons so married, or on the priests or ministers lic priests in celebrating such marriages or marrying such persons, shall be and it is Scotland rehereby repealed.
pealed. II. That it shall be lawful to all persons in Scotland, after due pro- Persons in clamation of banns there, to be married by priests or ministers not of Scotland may the established church, and also for such priests or ministers to celebrate be married by marriages without being subject to any punishment, pains, or penalty priests not of whatever ; any thing in the said recited acts, or in any other act or acts established of parliament, to the contrary notwithstanding.
church, III. That the said recited acts shall, excepting in so far as the same Recited acts bave already been or are hereby repealed or altered, remain in full force, to remain in authority, and effect.
No. IV. [No. IV.] 3 & 4 W. IV. c. 102.--An Act to repeal certain 3 & 4 W. 4,
penal Enactments made in the Parliament of Ireland against c. 102.
Roman Catholic Clergymen for celebrating Marriages con-
[29th August 1833.]
parliament of Ireland rendered liable to punishment, pains, and penalties for celebrating marriages contrary to the provisions thereof, to which punishment, pains, and penalties no other clergymen or ministers
are liable: and whereas it is expedient to amend the law in this respect : So much of the be it therefore enacted, &c. That so much of the followin gacts made in the acts herein named of
parliament of Ireland, (that is to say,) of an act passed in the sixth 6 Anne (1.)
year of the reign of Queen Anne, intituled An Act for the more effectual
Parents or Guardians ; also of an act passed in the twelfth year of the reign 12 G. 1, (1.) of King George the First, intituled An Act to prevent Marriages by de
graded Clergymen and Popish Priests; and for preventing Marriages
of 23 G. 2, (1.) the reign of King George the Second, intituled An Act for explaining and
making more effectual an Act, intituled 'An Act for the more effectual pre
venting of clandestine Marriages;' and another act passed in the twelfth 12 G. 3, (1.) year of his late Majesty's reign, intituled An Act for preventing Mar
riages by degraded "Clergymen and Popish Priests, and for preventing
more eff'octual punishing of Bigamy; also of an act passed in the thirty33 G. 3, (1.) third year of the reign of King George the Third, intituled An Act for as makes it
the Relief of his Majesty's Popish or Roman Catholic Subjects of Ireland, felony for Ro
as contains any penal enactment which exclusively affects a Roman man Catholic Catholic clergyman celebrating marriage between any persons, knowing clergymen to celebrate mar
them or either of them at the time of such marriage to be of the Proriages between testant religion, or as declares or enacts that any Roman Catholic Protestants,
clergyman who shall celebrate any marriage between two Protestants or &c. repealed. reputed Protestants, or between a Protestant or reputed Protestant and
a Roman Catholic, shall be guilty of felony, and suffer death as a felon,
acts are hereby repealed.
any proceeding, criminal or civil, commenced before the passing of this any former pro- act ; and that nothing herein contained shall be construed to repeal so ceedings, nor
much of any of the said recited acts as expressly or by implication repeals to affect any of the recited
any former act or acts, nor to revive or recognize any enactment as being
in force at the time of the passing of this act which by any act heretoacts that repeal fore made was expressly or by implication repealed or altered.
III. That nothing in this act shall extend or be construed to extend to Act not to give the giving validity to any marriage ceremony in Ireland, which cereceremony not mony is not now valid under the existing laws, or to the repeal of any now valid, &c. enactments now in force for preventing the performance of the marriage
ceremony by degraded clergymen.