697

APPENDIX.

[In cases of Bigamy, a reference is so frequently made to the Marriage Act, that it has been thought useful to insert that act at length, by way of an Appendix to the Statutes.)

4 Geo. 4, c. 76.–An Act for Amending the Laws respecting

the Solemnization of Marriages in England, July 18, 1823.

1. Whereas it is expedient to amend the laws respecting the solemnization of marriages in England : be it enacted, &c., that from and after the first day of November next ensuing the passing of this act, so much of an act passed in the twenty-sixth year of the reign of King George the Second, intituled “ An Act for the better preventing of Clandestine Marriages," as was in force immediately before the passing of this act; and also an act passed in the present session of parliament, intituled “ An Act to repeal certain provisions of an Act passed in the third Year of His present Majesty, intituled

An Act to amend certain Provisions of the Twenty-sixth of George the Second, for the better preventing of Clandestine Marriages ;'” shall be and the same are hereby repealed ; save and except as to any acts, matters, or things, done under the provisions of the said recited acts, or either of them, before the said first day of November, as to which the said recited acts shall respectively be of the same force and effect as if this act had not been made; save also aud except so far as the said recited acts, or either of them, repeal any former act, or any clause, matter, or thing, therein contained.

II. And be it further enacted, that from and after the first Banns, day of November, all banns of matrimony shall be published where, in an audible manner in the parish church, or in some public how pubchapel in which chapel banns of matrimony may now or may lished ; and hereafter be lawfully published, of or belonging to such parish marriage to or chapelry wherein the persons to be married shall dwell, ac, nized where cording to the form of words prescribed by the rubric prefixed banns pubto the office of matrimony in the book of common prayer, upon lished. three Sundays preceding the solemnization of marriage, during the time of morning service, or of evening service (if there shall be no morning service in such church or chapel upon the Sunday upon which such banns shall be so published), immediately after the second lesson; and whensoever it shall happen that the persons to be married shall dwell in divers parishes or chalpelries, the banns shall in like manner be published in the church or in any such chapel as aforesaid, belonging to

consent of

such parish or chapelry, wherein each of the said persons shall dwell; and that all other the rules prescribed by the said rubric concerning the publication of banns, and the solemni. zation of matrimony, and not hereby altered, shall be duly observed ; and that, in all cases where banns shall have been published, the marriage shall be solemnized in one of the parish churches or chapels where such banns shall have been

published, and in no other place whatsoever. Bisbop, with III. And be it further enacted, that the bishop of the diocese

with the consent of the patron and the incumbent of the church. patron and incumbent,

of the parish in which any public chapel, having a chapelry may anthos thereunto annexed, may be situated, or of any chapel situated rize publica. in an extra-parochial place, signified to him under their hands tion of bauns in any pub

and seals respectively, may authorize, by writing under bis lic chapel. band and seal, the publication of banns and the solemniza.

tion of marriages in such chapel for persons residing within such chapelry or extra-parocbial place respectively; and such consent, together with such written authority, shall be regis

tered in the registry of the diocese. Notice to be IV. Provided always, and be it enacted, that in every chapel placed in such chapel.

in respect of which such anthority shall be given as aforesaid, there shall be placed in some conspicuous part of the interior: of such chapel a notice in the words following; “banns may

be published and marriages solemnized in this chapel.” Provisions

V. Provided always, and be it further enacted, that all prorelative to marriage re

visions now in force, or wbich may hereafter be established by gisters ex- law, relative to providing and keeping marriage registers in

any parish churches, shall extend and be construed to extend chapels so authorized

to any chapel in which the publication of banns and solemni. as aforesaid. zation of marriages shall be so autborized as aforesaid, in the

same manner as if the same were a parish church; and every thing required by law to be done relative thereto by the churchwardens of any parish church shall be done by the chapel. warden or other officer exercising analogous duties in such

chapel. Book to be VI. And be it further enacted, that on or before the said first provided for the registra: day of November, and from time to time afterwards as there

shall be occasion, the church wardens and chapelwardens of churches and chapels wherein marriages are solemnized, shall provide a proper book of substantial paper, marked and ruled respectively in manner directed for the register book of marriages; and the banns shall be published from the said register book of banns by the officiating minister, and not from loose papers, and after publication shall be signed by the officiating

minister, or by some person under his direction. Notice of

VII. Provided always, and it is hereby further enacted, that and place,

no parson, vicar, minister, or curate, shall be obliged to puband time or lish the banns of matrimony between any persons whatsoever

, abode, of unless the persons to be married shall, seven days at the least parties, to be given to

before the time required for the first publication of such banos

tended to

ion of banns, &c.

the names

lication of banns.

ont consent

ni do gir respectively, deliver or cause to be delivered to such parson, minister se.

vicar, minister, or curate, a notice in writing, dated on the day ven days
on which the same shall be so delivered, of their true Christian before pub.

names and surnames, and of the house or houses of their reas the spective abodes within such parish or chapelry as aforesaid,

and of the time during which they have dwelt, inhabited, or
lodged in such house or houses respectively.

VIII. Provided always, and be it enacted by the authority Ministers aforesaid, that no parson, minister, vicar, or curate, solem- not punishnizing marriages after the first day of November next, between able for persons both or one of whom shall be under the age of marrying,

minors withtwenty-one years, after banns published, shall be punishable A continue by ecclesiastical censures for solemnizing such marriages with- of parents,

tout consent of parents or guardians; unless such parson, minis- &c., unless Ja ter, vicar, or curate shall have notice of the dissent of such they have

parents or guardians; and in case such parents or guardians, dissent; if

or one of them, shall openly and publicly declare or cause to dissent pubspecielt be declared, in the church or chapel where the banns shall licly de

clared, pub. be so published, at the time of such publication, his, her, or lication of their dissent to such marriage, such publication of banns shall banns void. be absolutely void.

IX. And be it further enacted, that whenever a marriage Republicashall not be had within three months after the complete pub- tion of banus lication of banns, no minister shall proceed to the solemniza- if marriage tion of the same until the banns shall have been republished not solemon three several Sundays, in the form and manner prescribed nized within

three in this act, unless by licence duly obtained according to the provisions of this act.

X. And it is hereby further enacted, that no licence of mar- Licences to riage shall, from and after the said first day of November, be

be granted

to marry in granted by any archbishop, bisbop, or other ordinary or per- the church, son having authority to grant such licences, to solemnize any &c., of such marriage in any other church or chapel than in the parish parish only church, or in some public chapel of or belonging to the parish of the paror chapelry within which the usual place of abode of one of ties resided the persons to be married shall have been for the space of fif- for fifteen teen days immediately before the granting of such licence.

days before. XI. And be it further enacted, that if any caveat be entered Where ca

against the grant of any licence for a marriage, such caveat veat entered, ciupernd being duly signed by or on the behalf of the person who enters no licence

to issue till the

same, together with his place of residence, and the ground matter exS of objection on which his caveat is founded, no licence shall amined by

issue till the said caveat, or a true copy thereof, be transmitted judge.
Em to the judge out of whose office the licence is to issue, and
and events until the judge has certified to the register that he has exa-
d by tsit Mined into the matter of the caveat, and is satisfied that it

ought not to obstruct the grant of the licence for the said mar-
riage, or until the caveat be withdrawn by the party who
entered the same.

XII. Provided always, and be it further enacted, that all Parishes, parishes where there shall be no parish church or chapel be where no longing thereto, or none wherein divine service shall be

montba,

(

bair allen

be

deemed to

.

to be pro

extra.paro. usually solemnized every Sunday, and all extra-parochial chial places,

places whatever, baving no public chapel where banns may be belong to lawfully published, shall be deenied and taken to belong to any adjoin- any parish or chapelry next adjoining, for the purposes of this ing parish, aci only; and where banns shall be published in any church

or chapel of any parish or chapelry adjoining to any such parish or chapelry where there shall be no church or chapel, or none wherein divine service shall be solemnized as aforesaid, or to any extra-parochial place, as aforesaid, the parson, vicar, minister, or curate, publishing such banns, shall, in writing under his hand, certify the publication thereof, in the same manner as if either of the persons to be married bad

dwelt in such adjoining parish or chapelry. Where XIII. Provided always, and be it further enacted and churches are declared, that if the church of any parish, or chapel of any or under ré chapelry, wherein marriages have been usually solempized, pair, banns be demolished, in order to be rebuilt, or be under repair, and

on such account be disused for public service, it sball be lawclaimed in a ful for the banns to be proclaimed in a church or chapel of any chapel of an adjoining parish or chapelry in which hanns are usually proadjoining claimed, or in any place within the limits of the parish or parish, &c. chapelry which shall be licensed by the bishop of the diocese

for the performance of divine service during the repair or rebuilding of the church, as aforesaid; and, where no such place shall be so licensed, then, during such period as aforesaid, the marriage may be solemnized in the adjoiving church or chapel wherein the banns have been proclaimed ; and all marriages heretofore solemnized in other places within the said parishes or chapelries than the said churches or chapels, on account of their being under repair, or taken down in order to be rebuilt, shall not be liable to have their validity questioned on that account, nor shall the ministers who have so solemnized the same be liable to any ecclesiastical censure, or to any other proceeding or penalty whatsoever.

XIV. And be it further enacted, for avoiding all fraud and taken before collusion in obtaining of licences for marriage, that, before any

such licence be granted, one of the parties shall personally certain par- swear before the surrogate, or other person having autbority to ticulars, be- grant the same, that he or she believeth that there is no impediis granted.

ment of kindred or alliance, or of any other lawful cause, nor any suit commenced in any ecclesiastical court, to bar or binder the proceeding of the said matrimony according to the tenor of the said licence; and that one of the said parties hath, for the space of fifteen days immediately preceding such licence, had bis or her usual place of abode within the parish or chapelry within wbich such marriage is to be solemnized; and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required, under the provisions of this act, has been obtained thereto.

Oath to be

the surrogate as to

fore licence

Disqus

modele Provided always, that if there shall be no such person or perper sons having authority to give such consent, then, upon oath

made to that effect by the party requiring such licence, it sa iyon shall be lawful to grant such licence, notwithstanding the want

of any such consent.

XV. Provided always, and be it further enacted, that it Bond not to

shall not be required of any person applying for any such be required objects licence, to give any caution or security, by bond or otherwise, ing licence.

before such licence is granted; any thing in any act or canon
to the contrary thereof notwithstanding.

XVI. And be it further enacted, that the father, if living, Who are to
of any party under twenty-one years of age, such parties not give.com

being a widower or widow; or, if the father shall be dead, ties are un There is the guardian or guardians of the person of the party so under der age. to be age, lawfully appointed, or one of them; and in case there a live in shall be no such guardian or guardians, then the mother of

such party, if unmarried; and, if there shall be no mother price is unmarried, then the guardian or guardians of the person ap

pointed by the Court of Chancery, if any, or one of them,

shall have authority to give consent to the marriage of such mis olisi party; and such consent is hereby required for the marriage

of such party so under age, unless there shall be no person
authorized to give such consent.

XVII. And be it further enacted, that, in case the father or fa- If the father lunch penale thers of the parties to be married, or one of them, so under age as of minor be the skies aforesaid, shall be non compos mentis, or the guardian or guardi- nom.compos

ans, mother or mothers, or any of them whose consent is made if guardians, patient necessary as aforesaid to the marriage of such party or parties, or mother of

sball be non compos mentis, or in parts beyond the seas, or shali minor, be
unreasonably or from undue motives refuse or withhold his, her, mentis, or
or their consent to a proper marriage, then it shall and may be beyond sea,
lawful for any person desirous of marrying, in any of the before- &c., parties
mentioned cases, to apply by petition to the lord chancellor, to the Ford
Jord keeper, or the lords commissioners of the great seal of chancellor.
Great Britain for the time being, master of the rolls, or vice-
chancellor of England, who is and are respectively hereby
empowered to proceed upon such petition in a summary way;
and, in case the marriage proposed shall upon examination ap- Surrogate to
pear to be proper, the said lord chancellor, lord keeper, or take oath of
lords commissioners of the great seal for the time being,
master of the rolls, or vice-chancellor, shall judicially de-
clare the same to be so; and such judicial declaration shall
be deemed and taken to be as good and effectual, to all intents
and purposes, as if the father, guardian or guardians, or mother
of the person so petitioning had consented to such marriage.

XVIII. Provided always, and be it enacted, that, from and
after the said first day of November, no surrogate hereafter to
be deputed by any ecclesiastical judge who hath power to
grant licences, shall grant any such licence until he hath taken
an oath before the said judge, or before a commissioner ap-

non compos