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were repealed by 3 Geo. 4. c. 75. s. 1. as to any marriages thereafter to be solemnized; and it was further enacted that in all cases of marriage solemnized by licence before the passing of this act of 3 G. 4. without any such consent, and where the parties had continued to live together as husband and wife till the death of one of them, or till the passing of the act, or had only discontinued their cohabitation for the purpose, or during the pending of any proceedings touching the validity of such marriage, such marriage, if not otherwise invalid, should be deemed good and valid to all intents and purposes. (a) This act of 3 G. 4. contained also enactments as to the granting of licences, the consent of parents and guardians, and the publication of banns, which have been subsequently repealed by the 4 G. 4. c. 17. which enacted that licences should and might be granted by the same persons, and in the same manner and form, and, in the case of minors, with the same consent, and banns be published in the same manner and form, as licences and banns were respectively regulated by the 26 G. 2. c. 33.; and enacted also (by s. 2.) that all marriages which had been or should be solemnized under licences granted, or banns published, conformably to the provisions of the 3 G. 4. c. 75. should be good and valid; and that no marriage solemnized under any licence granted in the form or manner prescribed, by either the 26 G. 2. c. 33. or the 3 G. 4. c. 75. should be deemed invalid on account of want of consent of any parent or guardian. The old

made for a petition to the lord chancellor, &c. where the guardians or mother were not in a situation to consent, or to refuse to consent. By s. 4. licences were to be granted to solemnize matrimony in the church or chapel of such parish only, where one of the parties had resided for four weeks before. But by s. 10. proof of the actual dwelling in the parishes, &c. where a marriage was by banns, or of the usual place of abode of one of the parties, where a marriage was by licence, was made unnecessary after the solemnization of the marriage; and evidence was not to be received in either of these cases to prove the contrary, in any suit touching the validity of the marriage. (a) 3 G. 4. c. 75. s. 2. The third section provided, that the act should not render valid any marriage declared invalid by any court of competent jurisdiction before the passing of the act; nor any marriage when either party should at any time after wards, during the life of the other party, have lawfully intermarried with any other person. Nor (by s. 4.) any marriage the invalidity of which had been established, before the passing of the act, upon the trial of any issue touching its validity, or touching the legitimacy of any person al

VOL. I.

leged to be the descendant of the parties to such marriage. Nor (by s. 5.) any marriage the validity of which, or the legitimacy of any person alleged to be the lawful descendant of the parties married, had been duly brought into question in proceedings in any causes, &c. in which judgments or decrees, or orders of court, had been pronounced, or made before the passing of the act, in consequence of or from the effects of proof in such causes, &c. of the invalidity of such marriage, or the illegitimacy of such descendant. The sixth section provided that if, before the act, any property had been possessed, or any title of honour enjoyed on the ground of the invalidity of any marriage, by reason that it was solemnized without consent, then, although no sentence had been pronounced against the validity of such marriage, the right and interest in such property, or title of honour, should in no manner be affected or prejudiced. And by s. 7. nothing in the act was to affect or call in question any act done before the passing of the act, under the authority of any court, or in the administration of any personal estate or effects, or the execution of any will or testament, or the performance of any trust.

4 G. 4. c. 76.

S. 1. repeals 26

4 G. 4. c. 17.

their

marriage act was then in a great measure revived, though only for a short period, as will be presently seen. The statute 4 G. 4. c. 5. was passed to render valid certain marriages which had been solemnized by licences granted through error, after the passing of the 3 G. 4. c. 75. by or in the name of bodies corporate or persons officers or surrogates, other than the archbishops of Canterbury and York, and the bishops within their respective dioceses, who were alone authorized to grant such licences by the 3 G. 4. c. 75.: but this provision of the 4 G. 4. c. 5. applies only to marriages solemnized by such erroneous licences granted after the 3 G. 4. and before the passing of the 4 G. 4. c. 5.

The principal marriage act of the present day appears to be the 4 G. 4. c. 76., many of the provisions of which require to be here noticed.

It recites that it is expedient to amend the laws respecting the G. 2. c. 33. and solemnization of marriages in England; and then enacts, that, from and after the first day of November next ensuing the passing of the act (November, 1823,) so much of the 26 G. 2. c. 33. as was in force immediately before the passing of this act, and also the 4 G. 4. c. 17. shall be repealed, save and except as to any acts, matters, or things, done under the provisions of the said acts, or either of them, before the said first day of November, as to which the said acts are respectively to be of the same force and effect, as if this act had not been made, save also and except so far as the said acts, or either of them, repeal any former act, or any clause, &c. therein contained.

S. 2. Banns where, when, and how published, and

marriage to be

solemnized where banns published.

S. 3. Bishop, with consent

The second section enacts, "that from and after the first day of "November, (1823,) all banns of matrimony shall be published "in an audible manner in the parish church, or in some public "chapel, in which chapel banns of matrimony may now or may "hereafter be lawfully published, of or belonging to such parish "or chapelry, wherein the persons to be married shall dwell, "according to the form of words prescribed by the rubric pre"fixed to the office of matrimony in the book of Common Prayer, 66 upon three Sundays preceding the solemnization of marriage, 66 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

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happen that the persons to be married shall dwell in divers "parishes or chapelries, the banns shall in like manner be pub"lished in the church, or in any such chapel as aforesaid, belonging to 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 "solemnization of matrimony, and not hereby altered, shall be 66 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."

The third section enacts, "that the bishop of the diocese, with "the consent of the patron and the incumbent of the church of andincumbent, "the parish in which any public chapel, having a chapelry there

of the patron

of banns in

"unto annexed, may be situated, or of any chapel situated in an may authorize "extra-parochial place, signified to him under their hands and the publication "seals respectively, may authorize, by writing under his hand and any public "seal, the publication of banns and the solemnization of mar- chapel. riages in such chapel for persons residing within such chapelry "or extra-parochial place respectively; and such consent, toge"ther with such written authority, shall be registered in the re66 gistry of the diocese."

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The fourth section enacts, 66 that in every chapel in respect of "which such authority 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.'"

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The fifth section enacts, "that all provisions now in force, or "which may hereafter be established by law, relative to pro"viding and keeping marriage registers in any parish churches, "shall extend and be construed to extend to any chapel in which "the publication of banns and solemnization 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."

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The sixth section enacts, "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 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 66 some person under his direction."

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The seventh section enacts, "that no parson, vicar, minister, or curate, shall be obliged to publish the banns of matrimony "between any persons whatsoever, unless the persons to be mar"ried shall, seven days at the least before the time required for "the first publication of such banns respectively, deliver or cause "to be delivered to such parson, vicar, minister, or curate, a "notice in writing, dated on the day on which the same shall be "so delivered, of their true Christian names and surnames, and of "the house or houses of their respective abodes within such 66 parish or chapelry as aforesaid, and of the time during which "they have dwelt, inhabited, or lodged, in such house or houses "respectively."

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S. 4. Notice to

be placed in such chapel.

S. 5. Provisions ringe registers extended to chapels so authorized as

relative to mar

aforesaid.

S. 6. Book to be provided for the registration of banns, &c.

s. 7. Notice of
names, and
of abode of
parties to be
given to the

place and time

minister.

ministers not punishable for marrying minors without consent. In what case publication of banns void.

The eighth section enacts, "that no parson, minister, vicar, or s. 8. How far "curate, solemnizing marriages after the first day of November next, between persons, both or one of whom shall be under the 66 age of twenty-one years, after banns published, shall be punish"able by ecclesiastical censures for solemnizing such marriages "without consent of parents or guardians, unless such parson, "minister, vicar, or curate, shall have notice of the dissent of "such parents or guardians; and in case such parents or guar

S. 9. In what

tion of banns

necessary.

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"dians, or one of them, shall openly and publicly declare or cause "to be declared, in the church or chapel where the banns shall be so published, at the time of such publication, his, her, or their "dissent to such marriage, such publication of banns shall be "absolutely void."

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The ninth section enacts, "that whenever a marriage shall case republica- not be had within three months after the complete publication "of banns, no minister shall proceed to the solemnization of the same, until the banns shall have been republished on three "several Sundays, in the form and manner prescribed in this "act, unless by licence duly obtained according to the provisions "of this act."

S. 10. Licences to marry in church, &c. of parish wherein one party resided for 15 days before.

S. 11. Where

no licence to

issue till matter examined by Judge.

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The tenth section further enacts, "that no licence of mar"riage shall, from and after the said first day of November, be granted by any archbishop, bishop, or other ordinary, or person "having authority to grant such licences, to solemnize any marriage in any other church or chapel than in the parish church, or in some public chapel of or belonging to the parish or cha"pelry within which the usual place of abode of one of the per66 sons to be married shall have been for the space of fifteen days "immediately before the granting of such licence."

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The eleventh section enacts, "that if any caveat be entered caveat entered, against the grant of any licence for a marriage, such caveat "being duly signed by or on the behalf of the person who enters "the same, together with his place of residence, and the ground "of objection on which his caveat is founded, no licence shall "issue till the said caveat, or a true copy thereof, be transmitted "to the Judge out of whose office the licence is to issue, and "until the Judge has certified to the register that he has exa"mined into the matter of the caveat, and is satisfied that it 66 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."

S. 12. Parishes,

where no church or chapel, and

extra-parochial places, deemed

to belong to any adjoining parish, &c.

S. 13. Where churches are demolished, or under repair, banns to be

proclaimed in a church or

The twelfth section enacts, "that all parishes where there shall "be no parish church or chapel belonging thereto, or none wherein "divine service shall be usually solemnized every Sunday, and all extra-parochial places whatever, having no public chapel wherein 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 pub"lished in any church or chapel of any parish or chapelry ad

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joining to any such parish or chapelry where there shall be no "church or chapel, or none wherein divine service shall be so"lemnized as aforesaid, or to any extra-parochial place as afore"said, 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."

The thirteenth section enacts, "that if the church of any "parish, or chapel of any chapelry, wherein marriages bave 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

rish, &c.

"chapel of any adjoining parish or chapelry in which banns are chapel of an "usually proclaimed, or in any place within the limits of the adjoining pa"parish or 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 66 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 mar- Provision for riages heretofore solemnized in other places within the said former marparishes or chapelries than the said churches or chapels, on lemnized. "account of their being under repair, or taken down in order to "be rebuilt, shall not be liable to have their validity questioned

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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." This enactment being defective in not providing that marriages might be solemnized in the places licensed for the proclamation of banns; nor that marriages might be solemnized by licence in an adjoining church or chapel; nor that the validity of marriages thereafter solemnized in other places than the churches and chapels out of repair, should not be questioned on that account; nor that the ministers who should thereafter solemnize such marriages should not be liable to ecclesiastical censure, &c. a subsequent statute 5 G. 4. c. 32. enacts, that "all marriages which have been heretofore solemnized, or "which shall be hereafter solemnized in any place within the "limits of such parish or chapelry so licensed for the performance "of divine service, during the repair or rebuilding of the church "of any parish, or chapel of any chapelry, wherein marriages "have been usually solemnized, or if no such place shall be so "licensed, then in a church or chapel of any adjoining parish or "chapelry in which banns are usually proclaimed, whether by "banns lawfully published in such church or chapel, or by licence "lawfully granted, shall not have their validity questioned on "account of their having been so solemnized, nor shall the "ministers who have so solemnized the same be liable to any "ecclesiastical censure, or to any other proceeding." And it further enacts, that all licences granted by any person having authority to grant them for the solemnization of marriages in a church or chapel, wherein marriages have been usually solemnized, shall be deemed to be licences for the solemnization of marriages in any place within the limits of such parish or chapelry, which shall be licensed by the bishop for the performance of divine service, during the repair or rebuilding of any such church or chapel, or if no place shall be so licensed, then in the church or chapel of any adjoining parish or chapelry, wherein marriages have been usually solemnized. (a) And also that all banns proclaimed, and all marriages solemnized, according to the provisions of this act in any place so licensed, within the limits of any parish or chapelry, during the repair or rebuilding of the church, &c. shall be considered as proclaimed and solemnized in the church, &c. and shall be so registered accordingly. (b)

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