christenings, churchings and burials, and the registering thereof, and to all ecclesiastical fees, oblations or offerings, shall apply to all districts and consolidated or district chapelries and divisions of any parishes or extra-parochial places, whereof the boundaries shall be enrolled in the High Court of Chancery under the provisions of the said recited act and this act; and in the churches and chapels whereof banns of marriage shall be allowed to be published, and marriages, christenings, churchings and burials, or any of them, shall be allowed to be solemnized, and to the churches and chapels thereof, and to the ecclesiastical persons having cure of souls therein or serving the same, in like manner in every respect as if the same respectively had been ancient separate and distinct parishes and parish churches by law, to all intents and purposes."

in different

districts.

By 3 Geo. 4, c. 72, s. 17, "In every case in which Publication of marriages are allowed, under any of the provisions of the banns, when above recited acts or either of them, to be solemnized in parties reside any chapel of a district chapelry, and in which the parties, or either of them, contracting such marriage, shall reside in the district of the chapelry, or in any other district of any chapelry, the banns of marriage shall be published in the chapel or chapels of each of the districts in which such parties respectively reside, and no publication of such banns in any other church or chapel shall be legal, valid or effectual for the purposes of such marriage; any thing in the above recited acts or either of them, or any other act or acts of parliament, contained to the contrary notwithstanding" (m).

Sect. 18. "All acts of parliament, laws and customs Extra-parorelating to publishing banns of marriage, and to marriages, chial places and the registering thereof, and to all ecclesiastical and districts. fees, oblations or offerings, shall apply to all extra-parochial places, and to all divisions and districts of any extraparochial places in and for which any churches or chapels shall be built or appropriated under the provisions of the above recited acts or this act, and to the churches and chapels thereof, and to the ecclesiastical persons having the cure of souls therein, or serving the same, in like manner, in every respect, as if the same respectively had been ancient, separate and distinct parishes and parish churches by law, to all intents and purposes.'

Sect. 19. "When and so soon as banns of marriage Bishop to cermay be published, and marriages celebrated and solem- tify when nized, in any church or chapel under the provisions of

P.

(m) Sect. 12 makes provision for the fees in certain cases.
VOL. I.
3 D

marriages may

be solemnized in any church or chapel.

Case of district

c. 38.

the above recited acts or this act, the bishop of the diocese within which such church or chapel shall be locally situate, whether in any parish or extra-parochial place or otherwise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclusive evidence in all courts, and in all questions relating to any banns published or marriages celebrated or solemnized in any such church or chapel, that the same might, according to law, respectively be published and celebrated and solemnized in such church or chapel; and all banns published, and marriages celebrated, solemnized and had in any such church or chapel, according to the laws and canons in force within this realm in that behalf, shall, after the granting of such certificate, be good, valid, legal and effectual to all intents and purposes whatsoever: provided always, that no banns or marriages respectively published, celebrated, solemnized, or had, according to the laws and canons in force within the realm in that behalf, in any church or chapel in which the same are authorized to be respectively published, celebrated, solemnized and had by the said recited acts or this act, or either of them, shall be or be deemed or taken to be invalid or illegal, or void or voidable, by reason of any such certificate not having been duly given or registered or entered as herein before required."

By 7 & 8 Vict. c. 56, "Whereas doubts are entertained assigned under whether banns of matrimony can be published or mar1 & 2 Will. 4, riages be solemnized in churches or chapels to which districts have been or may hereafter be assigned under 1 & 2 Will. 4, c. 38, and it is expedient to remove such doubts:" it is enacted as follows:

Bishop to certify that banns may be pub

Sect. 1. "In every case in which a district has been or shall be assigned to any church or chapel under the provisions of the said last-mentioned act it shall be lawful for her Majesty's commissioners for building new churches, with the consent of the bishop of the diocese, in every such case as has come or shall come before the said commissioners under the provisions of the said last-mentioned act, and for the said bishop in every such other case, to determine whether banns of matrimony shall be published and marriages solemnized in any such church or chapel aforesaid or not."

Sect. 2. "When and so soon as it shall be determined that banns of matrimony may be published and marriages

solemnized in any such church or chapel, the bishop of lished and the diocese within which such church or chapel shall be marriages locally situated, whether in any parish or extra-parochial solemnized, &c. place, or otherwise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of the registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclusive evidence in all courts, and in all questions relating to any banns published or marriages solemnized in any such church or chapel, that the same might according to law respectively be published and solemnized in such church or chapel, and that all banns published and marriages solemnized in any such church or chapel, according to the laws and canons in force within. this realm in that behalf, shall after the granting of such certificate be good to all intents and purposes whatsoever: provided always, that no banns or marriages respectively published or solemnized according to the laws and canons in force within the realm in that behalf in any church or chapel in which the same are authorized to be respectively published, solemnized and had by the said recited acts or this act, or either of them, shall be invalid by reason of any such certificate not having been duly given, or registered or entered, as hereinbefore required: provided also, that all fees, dues, offerings and other emoluments on account of such marriages, whether of right or custom, belonging to the incumbent or clerk of any parish, chapelry or place in which such church or chapel has been erected, shall be received by or for or on account of such incumbent or clerk respectively, and be paid over to them, except such of the said fees, dues, offerings or other emoluments, or such portions thereof, as the said commissioners, with the consent of the bishop of the diocese, the patron, and the said incumbent respectively, in those cases which shall come before the said commissioners, by order made under their common seal, or the bishop of the diocese alone, with the consent of the patron and incumbent, in all other cases, by order under his hand and seal, shall assign to the minister of such church or chapel; and every such instrument of assignment shall be registered in the registry of the bishop of the diocese within which said church or chapel shall be locally situated (n): provided always, that

(n) By 14 & 15 Vict. c. 97, s. 18, all or a part of the fees received in churches built under

1 & 2 Will. 4, c. 38, or this act,
may be ordered to be paid to the
incumbent of the new church.

Validity of marriages in certain cases not to be questioned.

Omissions to

riages reme

died.

nothing herein before contained shall be construed to take away from existing parish clerks any fees, dues or emoluments to which they are now by law or custom entitled."

Sect. 3. "Whereas, by error, banns have been published, and divers marriages have been solemnized, in chapels with districts assigned to them under the provisions of the hereinbefore recited acts or some of them, but in which chapels banns could not be legally published, nor marriages by law be solemnized; and it is expedient to remove all doubts, arising from the circumstances aforesaid, touching the validity of such marriages; be it therefore enacted, that banns already published, and marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in any such chapel as aforesaid; and the minister or ministers who solemnized the same shall not be liable to any ecclesiastical censure, or to any other proceedings or penalties whatsoever, by reason thereof; and the registers of all marriages so solemnized as aforesaid, or copies of such registers, shall be received in all courts of law and equity as evidence of such marriages respectively."

Sect. 4. "Where a chapelry has been already or shall authorize mar- hereafter be assigned to any chapel under the provisions of the herein before recited act 59 Geo. 3, c. 134, and the order in council assigning such chapelry does not direct that marriages may be performed in such chapel, it shall be lawful for her Majesty, by any supplemental order in council, on a representation to be made to her by the said commissioners, with the consent of the bishop of the diocese, to order that marriages may be performed thereafter in such chapel; and that all the fees arising therefrom or a part thereof, should thereafter belong and be paid to the minister of such chapel, or after the next avoidance of the parish church that all or a portion of such fees should belong and be paid to the incumbent of such parish church; and all the laws in force relating to banns of marriage, and marriages in district chapels, and the registering thereof, shall apply to marriages performed under such supplemental order in council."

Orders in

council to be inserted in Gazette.

Sect. 6. "Every order in council under the provisions of the hereinbefore recited acts or any of them, or under the provisions of any other of the church building acts, shall, as soon as may be after the making thereof by her Majesty in council, be inserted and published in the London Gazette in like manner as any order in council made under the acts regulating the proceedings of the ecclesiastical

commissioners of England is published in such Gazette, and it shall not be necessary to enrol in the Court of Chancery any map or plan or description of the boundaries of any division or district formed under the provisions of the hereinbefore recited acts, or any other of the church building acts; and a map or plan on which shall be marked such boundaries, and which shall be sealed with the common seal of the said commissioners for building new churches, and the order in council annexed thereto, shall be registered in the registry of the diocese in the manner directed by 3 & 4 Vict. c. 113, and shall be subject to such and the like provisions in all respects relating thereto as are contained in the same act: provided always, that nothing in this act contained shall be taken to repeal or affect any of the authorities contained in 6 & 7 Will. 4, c. 35, for licensing any churches or chapels for the solemnization of marriages therein."

By 6 & 7 Vict. c. 37, s. 15, when a church has been Churches consecrated in and for a district constituted under that act, under 6 & 7 the district shall become a new parish for ecclesiastical Vict. c. 37. purposes, and "it shall be lawful to publish banns of matrimony in such church, and according to the laws and canons in force in this realm to solemnize therein marriages," and to receive fees according to a scale to be fixed by the chancellor of the diocese.

By 19 & 20 Vict. c. 104, s. 11, "From and after the Offices of the commencement of this act, the commissioners may, if they church to be shall think fit, upon application of the incumbent of any all the churches performed in church or chapel to which a district shall belong, with the or chapels on consent in writing of the bishop of the diocese, make an application of order under their common seal, authorizing the publication of banns of matrimony and the solemnization therein of marriages according to the laws and canons now in force in this realm; and all the fees payable for the performance of such offices, shall be payable and be paid to

the incumbent of such district.”

Sect. 12 of this act provides for the fees being paid over to the incumbent of the old parish in certain cases.

the incumbent.