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AN ACT to amend the Law of Scotland affecting the

Constitution of Marriage.

WU

1.

to be con

HER&as it is expedient that the law of Marriage in 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 5 and Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the same, THAT from and after the First Marriage how day of January One thousand eight hundred and Forty-nine, Marriage tracted. 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.

2.

And be it Enacted, That the word “Clergyman” shall include any Meaning of

clergyman or minister of religion authorized to solemnize Marriage to clergyman." 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.

562.

Provided

the Solemni

3.
Penalty on Provided always, and be it Enacted, That if any person not autho-
personating a
Clergyman in rized to solemnize Marriage by the laws of the Established Church, or
zation of the rules or practice of the communion to which he may belong, shall
Marriage.

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.

4.

No Marriage

Provided always, and be it Enacted, That no Marriage shall be to be solemnized before a

solemnized in presence of a Clergynjan unless both or one at least of 10 Clergyman,

the contracting parties shall have for Fourteen clear Days before the unless both or one of the solemnization of such Marriage been resident within the parish in Parties has resided or

which the Marriage is solemnized, or been resident for a like period been Member of a Congre

in some other parish in Scotland, such residence in either case to be gation in the

certified by the Registrar of the parish in which both or one' at least 15
Parish Four-
teen Days, or of such contracting parties have or has been so resident, or unless
without Cer-
tificate of both or one at least of such contracting parties have been for a like
Registrar or
Session Clerk. 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.

5. Residence of and Notice by Parties contracting Marriage by Registration.

And be it Enacted, That it shall not be lawful for the Registrar to
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 addi 40
tions and the residences of the contracting parties; and if the parties
shall reside in different districts, such notice shall be given to the Regis-
trar of each district; and the Registrar, or both Registrars, as the case
may be, sball, 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 5 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 never15

theless be held to constitute Marriage between such parties, and the Marriage so constituted shall be valid and effectual to all intents and purposes whatever.

6. And be it Enacted, That where any Registrar shall receive notice Registrar

of the intention to contract a Marriage, he shall be bound, if re- Notice to cer29 quired by either of the parties to such intended Marriage who shall tify that it is

be resident in his district, to grant certificate in such form as the Re- Clergyman gistrar-general shall direct that such notice has been given and pub- the parties, lished; and any Clergyman to whom such certificate shall be produced Weeks of the

by such party shall, on the expiration of Seven clear Days from the ficate, without 25 date of such notice, without any certificate of banns, and whether incurring any

proclamation of banos 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 proclaination 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.

License for

7. Provided always, and be it Enacted, That it shall be lawful for the Special 35 Registrar-general, as provided by the said recited Act, on the appli- Marriage may

cation of the Registrar of the sub-district, to grant special license, the registrar authorizing Marriage to be solemnized or registered without procla- general. mation of banns or notice to the Registrar, and whether the parties

shall or shall not have been resident as hereinbefore required; and 40 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

had

562.

A 2

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