If marriages by licence

Jemnized

pointed by commission under the seal of the said judge, which commission the said judge is hereby authorized to issue, faithfully to execute his office according to law to the best of his knowledge, and hath given security by his bond in the sum of one hundred pounds, to the bishop of the diocese, for the due and faithful execution of his said office.

XIX. And be it also enacted, that whenever a marriage shall not be had within three months after the grant of a licence by be not so- → any archbishop, bishop, or any ordinary or person having authowithin three rity to grant such licence, no minister shall proceed to the months, new solemnization of such marriage until a new licence shall have licence to be been obtained, unless by banns duly published according to the provisions of this act.

obtained.

Right of

of Canter

buryto grant

special li

XX. Provided always, and be it further enacted, that nothing Archbishop herein before contained shall be construed to extend to deprive the Archbishop of Canterbury and his successors, and his and their proper officers, of the right which hath hitherto been used, in virtue of a certain statute made in the twenty-fifth year of the reign of the late King Henry the Eighth, intituled "An Act concerning Peter Pence and Dispensations, of granting Special Licences to Marry at any convenient Time or Place."

cences.

Persons solemnizing marriages in any other

place than a

church or chapel, or without

banns or li

cence, or under pre

XXI. And be it further enacted, that if any person shall, from and after the said first day of November, solemnize matrimony in any other place than a church or some public chapel wherein banns may be lawfully published, or at any other time than be tween the hours of eight and twelve in the forenoon, unless by special licence from the Archbishop of Canterbury, or shall so lemnize matrimony without due publication of banns, unless licence of marriage be first had and obtained from some person tence of be- or persons having authority to grant the same; or if any person, ing in holy falsely pretending to be in holy orders, shall solemnize matri orders, shall mony according to the rites of the church of England; every person knowingly and wilfully so offending, and being law. ported. fully convicted thereof, shall be deemed and adjudged to be Prosecution guilty of felony, and shall be transported for the space to be com- fourteen years, according to the laws in force for transportation of felons; provided that all prosecutions for such felony shall be commenced within the space of three years after the offence committed.

be trans

menced

within three years.

Marriages to be void

marry in any other

of

XXII. Provided always, and be it further enacted, that if where per- any persons shall knowingly and wilfully intermarry in any sonswilfully other place than a church, or such public chapel wherein banns may be lawfully published, unless by special licence as aforesaid, or shall knowingly and wilfully intermarry without due publication of banns, or licence from a person or persons having authority to grant the same, first bad and obtained, or shall knowingly and wilfully consent to, or acquiesce in, the solemnization of such marriage by any person not being in holy orders, the marriages of such persons shall be null and void, to all intents and purposes whatsoever.

place than a church, &c., or without

banns or licence.

When mar

nized be

to this act,

XXIII. And be it further enacted, that if any valid marriage, solemnized by licence, shall, after the said first day of Novem- riage solember next, be procured by a party to such marriage to be tween parsolemnized, between persons one or both of whom shall be ties under under the age of twenty-one years, not being a widower or age,contrary widow, contrary to the provisions of this act, by means of such by false oath party falsely swearing as to any matter or matters to which or fraud, the such party is hereinbefore required personally to swear, such guilty party party wilfully and knowingly so swearing, or if any valid mar- to forfeit all property ac riage by banns shall, after the said first day of November next, cruing from be procured by a party thereto to be solemnized by banns the mar between persons, one or both of whom shall be under the age riage. of twenty-one years, not being a widower or widow, such party knowing that such person as aforesaid under the age of twentyone years had a parent or guardian then living, and that such marriage was had without the consent of such parent or guardian, and knowing that banns had not been duly published according to the provisions of this act, and having knowingly caused or procured the undue publication of banns, then and in every such case it shall be lawful for his majesty's attorney-general (or for his majesty's solicitor-general, in case of the vacancy of the office of attorney-general), by information in the nature of an English bill in the Court of Chancery or Court of Exchequer, at the relation of a parent or guardian of the minor, whose consent has not been given to such marriage, and who shall be responsible for any costs incurred in such suit, such parent or guardian previously making oath, as is hereinafter required, to sue for a forfeiture of all estate, right, title, and interest, in any property which hath accrued or shall accrue to the party so offending by force of such marriage; and such court shall have power in such suit to declare such forfeiture, and thereupon to order and direct that all such estate, right, title, and interest, in any property as shall then have accrued, or shall thereafter accrue, to such offending party, by force of such marriage, shall be secured, under the direction of such court, for the benefit of the innocent party, or of the issue of the marriage, or of any of them, in such manner as the said court shall think fit, for the purpose of preventing the offending party from deriving any interest in real or personal estate, or pecuniary benefits, from such marriage; and, if both the parties so contracting marriage shall, in the judgment of the court, be guilty of any such offence as aforesaid, it shall be lawful for the said court to settle and secure such property, or any part thereof, immediately, for the benefit of the issue of the marriage, subject to such provisions for the offending parties, by way of maintenance or otherwise, as the said court, under the particular circumstances of the case, shall think reasonable, regard being had to the benefit of the issue of the marriage during the lives of their parents, and of the issue of the parties respectively by any future marriage, or of the parties themselves, in case either of them shall survive the other: provided, also, that no such information as

Previous agreements to be void.

Information to be filed within the .year.

aforesaid shall be filed, unless it shall be made out to the satisfaction of the attorney or solicitor-general, before he files the same, by oath or oaths sworn before one of the masters in ordinary in chancery, or before one of the barons of the exchequer, and which they are hereby respectively empowered to administer, that the valid marriage to be complained of in such information hath been solemnized in such manner and under such circumstances, as, in the judgment of the said attorney or solicitor-general, are sufficient to authorize the filing the information under the provisions of this act, and that such marriage has been solemnized without the consent of the party or parties at whose relation such information is proposed to be filed, or of any other parent or guardian of the minor married, to the knowledge or belief of the relator or relators so making oath; and that such relator or relators had not known or discovered that such marriage had been solemnized more than three months previous to his or their application to the attorney or solicitor-general.

XXIV. And be it further enacted by the authority aforesaid, that all agreements, settlements, and deeds, entered into or executed by the parties to any marriage, in consequence of or in relation to which marriage such information as aforesaid shall be filed, or by either of the said parties, before and in contemplation of such marriage, or after such marriage, for the benefit of the parties, or either of them, or their issue, so far as the same shall be contrary to or inconsistent with the provisions of such security and settlement as shall be made by or under the direction of such court as aforesaid, under the authority of this act, shall be absolutely void, and have no force or effect.

XXV. Provided always, and be it further enacted, that any original information to be filed for the purpose of obtaining a declaration of any such forfeiture as aforesaid, shall be filed within one year after the solemnization of the marriage by which such forfeiture shall have been incurred, and shall be prosecuted with due diligence; and in case any person or necessary party to any such information shall abscond, or be or continue out of England, it shall be lawful for the court in which such information shall be filed, to order such person to appear to such information, and answer the same within such time as to such court shall seem fit; and to cause such order to be served on such person at any place out of England, or to cause such order to be inserted in the London Gazette and such other British or foreign newspapers as to such court shall seem proper; and, in default of such person appearing and answering such information within the time to be limited as aforesaid, to order such information to be taken as confessed by such person, and to proceed to make such decree or order upon such information as such court might have made if such person had appeared to and answered such information. Provided always, that in case the person at whose relation any such suit shall have been instituted shall die

pending such suit, it shall be lawful for the Court of Chancery, if such court shall see fit, to appoint a proper person or proper persons, at whose relation such suit may be continued.

necessary to

XXVI. Provided always, and be it further enacted, that Proof of the after the solemnization of any marriage under a publication actual resiof banns, it shall not be necessary, in support of such mar- dence of the riage, to give any proof of the actual dwelling of the parties parties not in the respective parishes or chapelries wherein the banns of the validity matrimony were published; or, where the marriage is by of a marlicence, it shall not be necessary to give any proof that the riage, wheusual place of abode of one of the parties, for the space of banns or by fifteen days as aforesaid, was in the parish or chapelry where licence. the marriage was solemnized; nor shall any evidence in either of the said cases be received to prove the contrary in any suit touching the validity of such marriage.

ther after

XXVII. And be it further enacted, that in no case whatso- No suit shall ever shall any suit or proceedings be had in any ecclesiastical be had to court, in order to compel a celebration of any marriage in facie compel ecclesiæ, by reason of any contract of matrimony whatsoever, of marriage whether per verba de presenti or per verba de futuro, any law by reason of or usage to the contrary notwithstanding.

celebration

any contrac of marriage.

XXVIII. And, in order to preserve the evidence of mar Marriages to riages, and to make the proof thereof more certain and easy, be in the and for the direction of ministers in the celebration of mar- presence of riages and registering thereof, be it enacted, that, from and two witnesses, and after the said first day of November, all marriages shall be to be regis solemnized in the presence of two or more credible witnesses, tered, besides the minister who shall celebrate the same; and that, immediately after the celebration of every marriage, an entry thereof shall be made in the register-book provided and kept for that purpose, as by law is now directed, or as shall be hereafter directed, in which entry or register it shall be expressed that the said marriage was celebrated by banns or licence; and, if both or either of the parties married by licence be under age, not being a widower or widow, with consent of the parents or guardians, as the case shall be; and such entry shall be signed by the minister with his proper addition, and signed, ` and also by the parties married, and attested by such two &c. witnesses; which entry shall be made in the form or to the

entry;

Persons con- XXIX. And be it further enacted, by the authority aforesaid, victed of that if any person shall, from and after the said first day of making a false entry, November with intent to elude the force of this act, knowingla and wilfully insert, or cause to be inserted, in the register-booy or of forg- of such parish or chapelry as aforesaid, any false entry of nyk ing, &c., matter or thing relating to any marriage, or falsely make, any зnch alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or act or assist in falsely making, altering, forging, or counterfeiting, any such or of forg. entry in such register, or falsely make, alter, forge, or couning, &c. any terfeit, or cause or procure to be falsely made, altered, forged, licence; or counterfeited, or assist in falsely making, altering, forging, or counterfeiting any such licence of marriage as aforesaid; or utter or publish as true any such false, altered, forged, or counterfeited register as aforesaid, or a copy thereof, or any such false, altered, forged, or counterfeited licence of marriage, knowing such register or licence of marriage respectively to be false, altered, forged, or counterfeited; or if any person shall, from and after the said first day of November, wilfully destroy, or cause or procure to be destroyed, any register-book of marriages, or any part of such register-book, with intent to avoid any marriage, or to subject any person to any of the penalties of this act; every person so offending, and being thereof lawfully convicted, shall be deemed and to be trans- adjudged guilty of felony, and shall suffer the punishment of ported. transportation for life, according to the laws in force for the transportation of felons.

or of destroying such regis. ter,

This act not

to affect

XXX. Provided always, and be it enacted, that this act, or marriages of any thing therein contained, shall not extend to the marroyal fariages of any of the royal family.

mily.

Act not to

XXXI. Provided likewise, and be it further enacted, that extend to nothing in this act contained shall extend to any marriages marriages of amongstthe people called Quakers, or amongst the persons proQuakers fessing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the Jewish religion respectively.

and Jews.

sent to the

Two printed copies of XXXII. And be it further enacted, that two printed copies the act to be of this act shall, as soon as conveniently may be after the pasministers of sing of thisfact, be provided by his majesty's printer, and transthe several mitted to the officiating ministers of the several parishes and parishes, chapelries in England respectively; one of which copies shall be deposited and kept with the book containing the marriage to be kept in register of such parish or chapelry, in the chest or box provided the parish for the custody of the same.

&c., of

which one

chest.

Act not to

extend be yond Eng land

XXXIII. And be it further enacted, that this act shall extend only to that part of the united kingdom called England.