void (a). And in furtherance of the same object, no licence to marry (neither a common licence nor a special licence) may be granted, unless oath shall be first made by one of the parties that he or she believes that there is no impediment of kindred or alliance, or other lawful impediment, to the proposed union, and that one of the parties hath, for the space of fifteen days immediately preceding the issue of the licence, had his or her usual place of abode within the parish or chapelry within which the 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 is required has been obtained, or, else, that there is no person who has authority to give such consent (b). The consent required is that of the father; or if the father be dead, then that of the lawfully appointed guardian (c); and failing him, then of the mother being unmarried; and failing her, then of the guardian appointed by the High Court of Justice (d). In case the person whose consent is required is non compos, or unreasonably withholds his or her consent, relief against the difficulty so occasioned is obtainable on petition to the Lord Chancellor (e).

Any person celebrating a marriage otherwise than in accordance with the provisions of the statute renders himself liable to severe penalties (ƒ); and, in the following cases, the marriage is null and void, that is to say: (1) If the marrying parties knowingly and wilfully intermarry (unless by special licence) in a place other than a church or chapel wherein banns may be lawfully published ; (2) If they knowingly and wilfully intermarry without either due publication of banns, or else a licence; or (3) If

(a) Act, 1823, ss. 8, 16. (b) Sect. 14.

(c) Sect. 16.

(d) Sect. 16; Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 34.

(e) Act, 1823, 8. 17; Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 94.

(f) Act, 1823, s. 21.

they knowingly and wilfully consent to or acquiesce in the solemnization of their marriage according to the office of the Church, by a person not being in holy orders (g). But where a marriage by licence or with banns has been solemnized between persons either of whom is under age, by means of the false oath or fraudulent procurement of one of the parties, then the Act merely provides, that the party offending shall be liable to forfeit all property which would otherwise accrue to him or to her from the marriage (h); and subject thereto, the marriage remains valid.

Whether a marriage celebrated by a person whom both parties erroneously suppose to be in holy orders would be valid, is a doubtful question. The better opinion is that it would be valid (2). The Marriages Validation Act, 1888 (k), was passed ex majore cautela, in order to remove doubts as to the validity of certain marriages which had been solemnized by a notorious felon (W. E.), who had falsely pretended to be a priest.

A list of other Acts passed from time to time for the purpose of curing irregularities in marriages, which but for such irregularities would have been valid, is given below (1).

The Marriage Act, 1823, following Lord Hardwicke's Act, had required that all marriages taking place in England, excepting where both the parties were Quakers or Jews (m), should be solemnized according to the rites.

(g) Sect. 22.

(h) Sects. 23, 24; Att.-Gen. v. Clements (1871), L. R. 12 Eq. 32; In re Martindale, [1894] 3 Ch. 193.

(i) Eversley, Domestic Relations, p. 97, and cases there cited. (k) 51 & 52 Vict. c. 28.

(l) 3 Geo. 4, c. 75; 4 Geo. 4, cc. 5, 91; 3 & 4 Will. 4, c. 45; 5 & 6 Will. 4, c. 54; 5 & 6 Vict. c. 113; 10 & 11 Vict. c. 58; 12 & 13 Vict. c. 68, s. 20; 14 & 15 Vict.

c. 97, s. 25; 16 & 17 Vict. c. 122; 17 & 18 Vict. c. 88; 18 & 19 Vict. c. 66, c. 81, s. 13; 19 & 20 Vict. c. 70; 20 & 21 Vict. c. 29; 22 Vict. c. 24; 24 & 25 Vict. c. 16; 28 & 29 Vict. c. 81; 36 & 37 Vict. cc. 1, 25, 28; 41 & 42 Vict. c. 61; 47 & 48 Vict. c. 20; and 49 Vict. c. 3.

(m) Sect. 31; see now Marriage (Society of Friends) Acts, 1860 & 1872, 23 & 24 Vict. c. 18; 35 & 36 Vict. c. 10.

and ceremonies of the Church of England (n). The injustice towards dissenters involved in this requirement led to the passing of the Marriage Act, 1836 (6 & 7 Will. IV. c. 85). By this Act and the Acts amending it (o), all persons are enabled to be married according to such religious rites as they may think fit, or without any religious rites at all.

Before a marriage can be celebrated under the Marriage Act, 1836, and the Acts amending it, it is necessary to obtain the certificate of the Superintendent Registrar of Marriages for the district; which certificate may be either a certificate without licence, or a certificate with licence. We e propose to describe first the steps to be taken when a certificate without licence is obtained, and afterwards to point out the modifications which must be made when the certificate is one with licence.

(1.) A person intending to be married on a registrar's certificate without licence, delivers to the superintendent registrar of the district within which both the persons about to marry have dwelt for not less than seven daysor if they have dwelt in different districts for that time, then to the superintendent registrar of each district-a "notice" in the prescribed form of his or her intention to marry (p); and the notice is entered by the registrar (who is entitled to the fee of one shilling for the entry), in a book called The Marriage Notice Book, open at all reasonable times, and without fee, to all persons desirous of inspecting the same (9). The notice must state (i.) the names and descriptions of the parties; (ii.) the dwellingplace of each party, and the length of time during which each has resided there; (iii.) the church or other building

(n) Act, 1823, s. 2.

(0) Births and Deaths Registration Act, 1837 (7 Will. 4 & 1 Vict. c. 22); Marriage Act, 1840 (3 & 4 Vict. c. 72); Marriage Registration Act, 1856 (19 & 20 Vict.

c. 119); Marriage Act, 1898 (61 & 62 Vict. c. 538).

(p) See 6 & 7 Will. 4, c. 85, s. 4; 19 & 20 Vict. c. 119, s. 3, and Sch. (A).

(7) 6 & 7 Will. 4, c. 85, s. 5.

in which the marriage is to be solemnized, which must in general be within the district where one of the parties has dwelt for the period stated in the notice (r); (iv.) that the marriage is to be without licence. The person giving the notice subscribes thereto a solemn declaration, stating (i.) that he or she believes that there is no impediment of kindred or alliance or other lawful hindrance to the marriage; (ii.) that he or she has, for the space of seven days immediately preceding, had his or her usual place of abode and residence within the district of the registrar to whom the notice is given; (iii.) when either party, not being a widower or widow, is under the age of twentyone, that the consent of the person whose consent to such marriage is by law required has been given, or (as the case may be) that there is no person whose consent is by law required (s). This notice, (or a copy thereof, under the hand of the registrar,) is suspended or affixed by him in some conspicuous place in his office, during twenty-one successive days next after the day when it was entered in the Marriage Notice Book (t).

The next step is to obtain the registrar's "certificate” of the notice having been duly entered. Any person whose consent would have been required by law to the marriage of the contracting parties, under an ecclesiastical licence, immediately before the passing of the Marriage Act, 1836, is authorized to forbid the issue of such

(r) 3 & 4 Vict. c. 72, s. 1. The building stated in the notice may, however, in the case of Quakers and Jews, be one out of the district or districts in which the parties dwell (3 & 4 Vict. c. 72, s. 5; 19 & 20 Vict. c. 119, s. 13); and may also be so, in the case of other parties, where there is not within the district in which either of the parties dwells any registered building in which the marriage may be solemnized in

the form such parties desire to adopt (3 & 4 Vict. c. 72, s. 2). The building stated may also be out of such district or districts, provided it be the usual place of worship of the parties, or one of them, and not more than two miles from the district in which The notice is given (19 & 20 Vict. c 119, s. 14).

(x) 19 & 20 Vict. c. 119, s. 2. (t) Ibid. s. 4.

certificate; and may do so by writing the word “forbidden" opposite the entry of the notice, and subscribing thereto his or her name and place of abode, and the character in which he or she is authorized to interfere. And in case the issue of the certificate is thus lawfully forbidden, the notice and all proceedings thereon are utterly void (u). A caveat may also be entered by any person against the issue of the certificate (). Supposing, however, that during the period for which the notice has been suspended in the office, no valid impediment to its issue has been shown to the satisfaction of the registrar, nor the issue forbidden in manner above mentioned, the certificate, after the expiration of the twenty-one days, is to be issued upon the request of the person delivering the notice (y); and the certificate expresses, that notice of the intended marriage in such a church or building has been duly entered, and that the issue of the certificate has not been forbidden by any person authorized so to do. And for this document, the registrar is entitled to receive the fee of one shilling (z). Then, immediately upon the certificate being issued, or at any time afterwards within three calendar months from the entry of the notice, the marriage may take place (a); and may be solemnized according to any one of the four following methods.

First, the marriage may be solemnized in some building certified as a place of religious worship and registered for the solemnization of marriages, and according to such form and ceremony as the parties may think fit to adopt (b), subject only to the following requirements being complied with (i.) Some registrar of the district (acting personally or by deputy) (c), or else an "authorized person" within

(u) 6 & 7 Will. 4, c. 85, ss. 9, 10. (x) Ibid. s. 13.

(y) 19 & 20 Vict. c. 119, s. 4, and Sch. (B).

(z) Ibid. s. 4.

(a) 6 & 7 Will. 4, c. 85, s. 20.
(b) Ibid. ss. 18-20; see also

7 Will. 4 & 1 Vict. c. 22, s. 35; 18 & 19 Vict. c. 81; 19 & 20 Vict. c. 119, ss. 17, 24.

(c) 6 & 7 Will. 4, c. 85, ss. 17, 20; as to appointment of a deputy, see 19 & 20 Vict. c. 119, s. 16.