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chapel, than in the parish church or public chapel "of or belonging to the parish or chapelry, within "which the usual place of abode of one of the persons "to be married shall have been for the space of four "weeks, immediately before the granting of such "licence; or where both or either of the parties to be "married shall dwell in any extra-parochial place, ❝ having no church or chapel wherein banns have "been usually published, then in the parish church or "chapel belonging to some parish or chapelry adjoin"ing to such extra-parochial place, and in no other place whatsoever. Provided, that all parishes where “there shall be no parish church or chapel belonging

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thereto, or none wherein divine service shall be " usually celebrated every Sunday, may be deemed "extra-parochial places for the purposes of this act, "but not for any other purpose. Provided, that after "the solemnization of any marriage under publication "of banns, it shall not be necessary, in support of "such marriage, to give any proof of the actual "dwelling of the parties in the respective parishes or

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chapelries wherein the banns of matrimony were "published; or, where the marriage is by licence, to give any proof that the usual place of abode of one "of the parties, for the space of four weeks as afore"said, was in the parish or chapelry where the mar"riage was solemnized; nor shall any evidence in "either of the said cases be received to prove the con"trary in any suit touching the validity of such mar

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riage. That all marriages solemnized by licence, "where either of the parties, not being a widower or "widow, shall be under the age of twenty-one years, "which shall be had without the consent of the father "of such of the parties, so under age (if then living),

"first had and obtained; or if dead, of the guardian "or guardians of the person of the party so under age, lawfully appointed, or one of them; and in case "there shall be no such guardian, then of the mother

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(if living and unmarried), or if there shall be no "mother living and unmarried, then of a guardian or "guardians of the person appointed by the court of "chancery, shall be absolutely null and void to all "intents and purposes whatsoever. That in case any "of them whose consent is made necessary as afore

said, shall be non compos mentis, or in parts beyond "the seas, or shall refuse or withhold their consent to "the marriage of any person, it shall and may be law"ful for any person desirous of marrying, in any of the "before-mentioned cases, to apply by petition to the "Lord Chancellor, &c. for the time being (who is impowered to proceed upon such petition, in a summary way); and in case the marriage proposed shall, upon examination, appear to be proper, shall judi"cially declare the same to be so, by an order of "court; and such order shall be as good and effectual "to all intents and purposes, as if the guardian or

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guardians, or mother of the person so petitioning, "had consented to such marriage. And for preventing undue entries and abuses in registers of marriages, the church and chapel wardens of every

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parish or chapelry, shall provide proper books of "vellum, or good and durable paper, in which all "marriages and banns of marriages, there published

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or solemnized shall be registered; and every page "thereof shall be marked at the top, with the figure "of the number of every such page, beginning at the "second leaf with number one; and every leaf or

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page so numbered, shall be ruled with lines at pro

"per

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per and equal distances from each other, or as near "as may be; and all banns and marriages published "or celebrated in any church or chapel, or within "any such parish or chapelry, shall be respectively "entered, registered, printed, or written upon, or as "near as conveniently may be, to such ruled lines, "and shall be signed by the minister, or by some other person in his presence, and by his direction; and "such entries shall be made as aforesaid, on or near "such lines in successive order, where the paper is "not damaged or decayed, by accident or length of "time, until a new book shall be thought proper or necessary to be provided for the same purposes : "and then the directions shall be observed in every "such new book; and all books provided as aforesaid, "shall be deemed to belong to every such parish or chapel respectively, and shall be carefully kept and preserved for public use. And in order to preserve "the evidence of marriages, and to make the proof "thereof more certain and easy, and for the direc"tion of ministers in the celebration of marriages "and registering thereof, all marriages shall be so"lemnized in the presence of two or more credible "witnesses, besides the minister who shall celebrate "the same; and that immediately after the celebra

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tion of every marriage, an entry thereof shall be "made in such register to be kept as aforesaid, in "which entry or register it shall be expressed, that "the marriage was celebrated by banns or licence; " and if both or either of the parties married by "licence be under age, with consent of parents or guardians, as the case shall be, and shall be signed "by the minister, with his proper addition, and also by the parties married, and attested by such two "witnesses."

"witnesses." The act does not extend to Scotland; to any of the royal family; nor to any marriages amongst Quakers, or persons professing the Jewish religion, where both parties are Quakers, or persons professing the Jewish religion; nor to any marriage solemnized beyond the seas.

A MARRIAGE was deemed void, because celebrated in a chapel which had been erected subsequent to the passing of this act, and that although marriages had been de facto frequently celebrated there (a). In consequence of which, another act (b) has since been passed, making all marriages celebrated in any parish church or public chapel erected since 26 Geo. 2. c. 33. and consecrated, valid in law. And by 48 Geo. 3. c. 127. marriages solemnized before August 23, 1808, in any chapel duly consecrated, are valid.

So it has been determined (c), that the act was avowedly made, not only against both the contracting parties, but against the innocent children also; that therefore they cannot waive the disabilities of it, at their own option; the marriage being void, to all purposes, even though the parties should afterwards agree to it, wherever the fact appears directly contrary to the statute.

But where there has been a marriage in fact illegal, for want of conforming to the terms of the statute, it may nevertheless, under circumstances, be left to a jury, to presume a subsequent legal marriage. Thus

(a) The King v. The Inhabitants of Northfield, Doug. 658. (b) 21 Geo. 3. c. 53.

(c) Chinham v. Preston, Black..

192.

in Wilkinson v. Payne (a), which was an action on a promissory note, given to the plaintiff by the defendant, in consideration of the plaintiff marrying his daughter, the defence set up was, that though there had been a marriage in fact, it was not a legal one, because the parties were married by licence, when the plaintiff was under age, without the consent of his parents or guardians. Both his parents were dead when the marriage was celebrated, and there was no legal guardian; but his mother, who survived the father, on her death-bed, desired a friend to become guardian to her son, with whose approbation the marriage was had. It also appeared, that when the plaintiff came of age, his wife was lying in extremis on her death-bed, and died in three weeks afterwards: but in her life-time, she and the plaintiff were always treated by the defendant and his family as man and wife. Upon these facts, the Judge left it to the jury, to presume a subsequent marriage, which they did, and found a verdict for the plaintiff.-Lord KENYON, Ch. J. on the motion for a new trial, said, “in this case, though the first marriage was defective, a subsequent one might have taken place: the parties cohabited together for a length of time, and were treated by the defendant himself as man and wife; these circumstances therefore afforded a ground on which the jury presumed a subsequent marriage; and if there were any ground of presumption, it is sufficient in a case like this. The parties did not intend to elude the marriage act; all their friends were fully informed of and concurred in the former marriage. And we should ill exercise the discretion vested in the court, if, after

(a) 4 T. R. 468.

the