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BILL,

INTITULED,

AN ACT to amend the Law of Scotland affecting the
Constitution of Marriage.

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HEREAS

that the law of Marriage in

Was it is expedient as regards the constitution of Preamble.

Scotland should be amended as regards the constitution of Marriage; BE it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT from and after the First day of January One thousand eight hundred and Forty-nine, Marriage shall be contracted in Scotland in the following modes, and not otherwise; namely, either by solemnization in presence of a Clergy10 man, or by registration in terms of an Act passed in the present Session of Parliament, intituled, "An Act for registering Births, Deaths and Marriages in Scotland," the parties proposing so to marry by registration appearing in presence of the Registrar, and then and there signing before witnesses the entry of their Marriage in the 15 register, and having the same otherwise registered in the manner provided by the said Act for the case of the registration of Marriages by the parties themselves.

And be it Enacted, That the word "Clergyman" shall include any clergyman or minister of religion authorized to solemnize Marriage 20 by the laws of the church or rules and practice of the communion to which he belongs, whether belonging to the Established Church or to any other church, or to any sect or persuasion, by whatever name or denomination known.

1.

Marriage how tracted.

to be con

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3. Penalty on personating a Clergyman in

the Solemnization of Marriage.

4.

No Marriage to be solem

Provided always, and be it Enacted, That if any person not authorized to solemnize Marriage by the laws of the Established Church, or the rules or practice of the communion to which he may belong, shall profess to be and act as a Clergyman in the solemnization of any Marriage, he shall be guilty of an offence, and be punishable by 5 imprisonment not exceeding the period of Two Years, but the validity of the Marriage so solemnized, if such person be held and reputed and believed to be a Clergyman, shall not be thereby affected.

Provided always, and be it Enacted, That no Marriage shall be solemnized in presence of a Clergyman unless both or one at least of 10 the contracting parties shall have for Fourteen clear Days before the solemnization of such Marriage been resident within the parish in which the Marriage is solemnized, or been resident for a like period been Member in some other parish in Scotland, such residence in either case to be

nized before a Clergyman, unless both or one of the Parties has resided or

of a Congre

gation in the Parish Four

teen Days, or without Certificate of Registrar or Session Clerk.

5.

Residence of

Parties con

tracting Marriage by Registration.

certified by the Registrar of the parish in which both or one at least 15
of such contracting parties have or has been so resident, or unless
both or one at least of such contracting parties have been for a like
period a member or members of the congregation resorting to the
church or chapel in which the Clergyman solemnizing the Marriage
usually officiates, or been for a like period a member or members of 20
some other congregation in Scotland, to be certified by the Clergyman
of such other congregation, or unless there shall be produced from a
Registrar a certificate that notice of the intended Marriage had been
given in terms of this Act, or unless there shall be produced a certi-
ficate from the Session Clerk of the parish in which both or one at 25
least of the parties have been so resident that the banns in respect of
such Marriage had been regularly published according to law; and if
any Clergyman or any party shall knowingly and wilfully do in the
contrary he shall be guilty of an offence, and be punished by fine not
exceeding Two hundred Pounds, or by imprisonment for any period 30
not exceeding One Year, but the validity of the Marriage shall not be
affected.

And be it Enacted, That it shall not be lawful for the Registrar to and Notice by register any Marriage proposed to be contracted by registration, unless one or both of the parties intending so to contract Marriage shall have 35 been resident within the district for Fourteen clear Days previous to the registration, and shall have given to the Registrar of the district at least Seven clear Days previous to the registration notice in writing of their intention so to contract Marriage, such notice containing the christian names and the surnames, and also the designations or additions and the residences of the contracting parties; and if the parties shall reside in different districts, such notice shall be given to the Registrar of each district; and the Registrar, or both Registrars, as the case may be, shall, within Twenty-four Hours after the receipt of such notice,

publish

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publish the same in the district or in both districts, by affixing a copy thereof upon the doors of the parish church, in the like manner as other statutory notices are published: Provided always, That it shall be lawful for the Registrar-general, with the approbation of One of Her Majesty's Principal Secretaries of State, to direct such other or additional publication of such notices to be made as shall be necessary or proper; and all such notices when the parties shall reside in different districts shall be produced to the Registrar, who is required to register any such Marriage; and if any Registrar 10 shall in such case register a Marriage where the parties have not been so resident, or where such notice shall not have been so given and published, he shall be guilty of an offence, and be liable in a penalty of Two hundred Pounds sterling, or imprisonment for any period not exceeding One Year; provided that such registration shall nevertheless be held to constitute Marriage between such parties, and the Marriage so constituted shall be valid and effectual to all intents and purposes whatever.

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And be it Enacted, That where any Registrar shall receive notice of the intention to contract a Marriage, he shall be bound, if re20 quired by either of the parties to such intended Marriage who shall be resident in his district, to grant certificate in such form as the Registrar-general shall direct that such notice has been given and published; and any Clergyman to whom such certificate shall be produced by such party shall, on the expiration of Seven clear Days from the date of such notice, without any certificate of banns, and whether proclamation of banns shall have been made or not, be entitled to solemnize Marriage between the parties stated in such notice as intending to contract Marriage, and neither he nor the parties to such Marriage so solemnized shall be liable to any civil pains and penalties 30 in respect of solemnizing such Marriage without proclamation of banns: Provided always, That such certificate shall not be in force to the effect of entitling any Clergyman to solemnize Marriage after the expiration of Three Weeks from the date of such certificate.

Provided always, and be it Enacted, That it shall be lawful for the 35 Registrar-general, as provided by the said recited Act, on the application of the Registrar of the sub-district, to grant special license, authorizing Marriage to be solemnized or registered without proclamation of banns or notice to the Registrar, and whether the parties shall or shall not have been resident as hereinbefore required; and where such special license shall be produced, it shall be lawful for any Clergyman to whom such special license shall be presented to solemnize, or to any Registrar to whom such special license shall be presented to register such Marriage, in the same manner as if the banns had been proclaimed or notice had been given, and the parties 562.

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