597

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. I. 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of George the Second, for the better preventing of Clandestine Marriages;' shall be and the same are hereby repealed; save and except as to any acts, matters, or things, done under the provisions of the said recited acts, or either of them, before the said first day of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 and except so far as the said recited acts, or either of them, repeal any former act, or any clause, matter, or thing, therein contained.

be solem

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 pubwhen, and chapel 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

Bisbop, with

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.

III. And be it further enacted, that the bishop of the diocese, consent of 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 autho 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 banns and seals respectively, may authorize, by writing under his in any public chapel. hand and seal, the publication of banns and the solemniza tion of marriages in such chapel for persons residing within such chapelry or extra-parochial place respectively; and such consent, together with such written authority, shall be registered in the registry of the diocese.

Notice to be placed in such chapel.

Provisions relative to marriage registers extended to

IV. Provided always, and be it enacted, that in every 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."

V. Provided always, and he it further enacted, that all pro visions now in force, or which may hereafter be established by 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 solemnias aforesaid. Zation of marriages shall be so authorized 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 chapelwarden or other officer exercising analogous duties in such chapel.

Book to be provided for the registra tion of banns,

&c.

Notice of

the names and place,

VI. And be it further enacted, that on or before the said first day of November, and from time to time afterwards as there shall be occasion, the churchwardens 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 mar riages; 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.

VII. Provided always, and it is hereby further enacted, that no parson, vicar, minister, or curate, shall be obliged to puband time of lish the banns of matrimony between any persons whatsoever, unless the persons to be married shall, seven days at the least before the time required for the first publication of such banns

abode, of parties, to

be given to

lication of

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 pubnames and surnames, and of the house or houses of their re- banns. 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.

minors with

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 twenty-one years, after banns published, shall be punishable out consent by ecclesiastical censures for solemnizing such marriages with- of parents, out consent of parents or guardians; unless such parson, minis- &c., unless 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 pubbe declared, in the church or chapel where the banns shall licly declared, 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.

notice of

tion of banns

necessary,

IX. And be it further enacted, that whenever a marriage Republicashall not be had within three months after the complete publication 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 in this act, unless by licence duly obtained according to the montba. provisions of this act.

three

to marry in

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 granted by any archbishop, bishop, 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.

the

wherein one

to issue till

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, being duly signed by or on the behalf of the person who enters no licence same, together with his place of residence, and the ground matter exof 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. to the judge out of whose office the licence is to issue, and until the judge has certified to the register that he has examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the licence for the said marriage, 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

church or

chapel, and

deemed to

belong to any adjoin ing parish,

&c.

extra-paro usually solemnized every Sunday, and all extra-parochial chial places, places whatever, having no public chapel where banns may be lawfully published, shall be deemed and taken to belong to any parish or chapelry next adjoining, for the purposes of this act 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 had dwelt in such adjoining parish or chapelry.

Where

to be pro

church or

XIII. Provided always, and be it further enacted and churches are declared, that if the church of any parish, or chapel of any demolished, or under re chapelry, wherein marriages have been usually solemnized, pair, banns be demolished, in order to be rebuilt, or be under repair, and on such account be disused for public service, it shall 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 banns 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 adjoining 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.

Oath to be

gate as to

fore licence

is granted.

XIV. And be it further enacted, for avoiding all fraud and taken before collusion in obtaining of licences for marriage, that, before any the surro- such licence be granted, one of the parties shall personally certain par- swear before the surrogate, or other person having authority to ticulars, be- grant the same, that he or she believeth that there is no impediment 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 his or her usual place of abode within the parish or chapelry within which 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.—

Provided always, that if there shall be no such person or persons having authority to give such consent, then, upon oath made to that effect by the party requiring such licence, it 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 before grant 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 con sent, if parbeing a widower or widow; or, if the father shall be dead, ties are unthe guardian or guardians of the person of the party so under der age. age, lawfully appointed, or one of them; and in case there shall be no such guardian or guardians, then the mother of such party, if unmarried; and, if there shall be no mother unmarried, then the guardian or guardians of the person appointed by the Court of Chancery, if any, or one of them, shall have authority to give consent to the marriage of such 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.

non compos mentis, or

non compos

to the lord

XVII. And be it further enacted, that, in case the father or fa- If the father thers of the parties to be married, or one of them, so under age as of minor be aforesaid, shall be non compos mentis, or the guardian or guardians, mother or mothers, or any of them whose consent is made if guardians, necessary as aforesaid to the marriage of such party or parties, or mother of shall be non compos mentis, or in parts beyond the seas, or shall 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, may apply lord keeper, or the lords commissioners of the great seal of chancellor. Great Britain for the time being, master of the rolls, or vicechancellor 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 declare 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

office.