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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 How fees to

be disposed emoluments on account of such marriages, whether of right or of. 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: provided always, that nothing hereinbefore 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.

III. And whereas, by error, banns have been published, and divers The validity marriages have been solemnized, in chapels with districts assigned in certain to them under the provisions of the hereinbefore recited acts or some chapels with of them, but in which chapels banns could not be legally published, signed to nor marriages by law be solemnized; and it is expedient to remove the emunei toall doubts, arising from the circumstances aforesaid, touching the ed. 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.

IV. And be it enacted, that where a chapelry has been already or omissions shall hereafter be assigned to any chapel under the provisions of the to authorize hereinbefore recited act passed in the fifty-ninth year of the reign of chapels may king George the third, and the order in council assigning such cha- be predebo pelry does not direct that marriages may be performed in such chapel, tal order. 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

the act under which

under the

that marriages may be performed thereafter in such chapel; ang 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, or 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. In any re- V. And be it enacted, that in any representation to her majesty to the queen in council, or in any order of council to be made thereon, or in any in council, other matter or thing done under their common seal by the said &c. the num ber of the commissioners under the authority of the hereinbefore recited acts section of

or any other act of parliament, it shall be sufficient to refer to the

section or sections as numbered in copies printed by the queen's surka ripre printer of the act or acts under the authority whereof such repre&c. is made sentation or order in council is made, or such matter or thing done, need only be recited.

and it shall not be necessary to recite any of the provisions of such

section or sections. Every order VI. And be it enacted, that every order in council under the in council

provisions of the hereinbefore recited acts or any of them, or under church build the provisions of any other of the church building acts, shall, as ing acts to be inserted in

soon as may be after the making thereof by her majesty in council, the London be inserted and published in the London Gazette in like manner as registered any order in council made under the acts regulating the proceedings with a map of the ecclesiastical commissioners of England is published in such tion of boun- Gazette, and it shall not be necessary to enrol in the court of chanthe map not cery any map or plan or description of the boundaries of any division required to or district formed under the provisions of the hereinbefore recited be enrolled in chancery. 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 regis

tered in the registry of the diocese in the manner directed by the 3 & 4 Vict. act passed in the fourth year of the reign of her present majesty,

intituled an act to carry into effect, with certain modifications, the fourth report of the commissioners of ecclesiastical duties and revenues,

and shall be subject to such and the like provisions in all respects Not to affect relating thereto as are contained in the same act: provided always, 687 W. 4 that nothing in this act contained shall be taken to repeal or affect licensing any of the authorities contained in an act of parliament passed in

. for solemnic the seventh year of the reign of his late majesty, intituled an act for zation of marriages in England, for licensing any churches or chapels for the marriages.

solemnization of marriages therein.

c. 113.

SPACE LEFT,

REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

MARRIAGES, IRELAND.

p. 282,

51 GEORGE 3, CAP. 37.- An act further to prevent the marriage of lunatics.-See Title" MARRIAGES, ENGLAND," vol. iii.

58 GEORGE 3, Cap. 81, Sec. 3.-An act for extending to that part of the united kingdom called Ireland certain provisions of the parliament of Great Britain in relation to executors under the age of twenty-one years, and to matrimonial contracts.

III. And be it further enacted by the authority aforesaid, that in No proceed-, no case whatsoever shall any suit or proceeding be had in any eccle- in de compel siastical court of that part of the united kingdom called Ireland, in of marriage order to compel a celebration of any marriage in facie ecclesiæ, by clesiæ by reason of any contract of matrimony whatsoever, whether per verba reason of de presenti, or per verba de futuro, which shall be entered into after the end and expiration of ten days next after the passing of this act; any law or usage to the contrary notwithstanding.

3 & 4 WILLIAM 4, CAP. 102.-An act to repeal certain penal enactments made in the parliament of Ireland against Roman catholic clergymen for celebrating marriages contrary to the provisions of certain acts made in the parliament of Ireland.-Whereas Roman catholic clergymen were by certain acts of the parliament of Ireland rendered liable to punishment, pains, and penalties for celebrating marriages contrary to the provisions thereof, to which punishment, pains, and penalties no other clergymen or ministers are liable: and whereas it is expedient to amend the law in this respect : be it therefore enacted by the king'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 so much of 80 much of the following acts made in the parliament of Ireland, the acts here(that is to say), of an act passed in the sixth year of the reign of 6 Anne (1.) queen Anne, intituled an act for the more effectual preventing the taking away and marrying children against the will of their parents or guar. dians ; also of an act passed in the twelfth year of the reign of king 12 G. 1, (1.) George the first, intituled an act to prevent marriages by degraded clergymen and popish priests, and for preventing marriages consummated from being aroided by pre-contracts, and for the more effectual preventing of bigamy; also of an act passed in the twenty-third year 23 G. 2, (1.) of the reign of king George the second, intituled an act for explaining and making more effectual an act, intituled an act for the more effectual prerenting clandestine marriages; and another act passed in the twelfth 12 G. 3, (I.) year of his late majesty's reign, intituled an act for preventing marriages by degraded clergymen and popish priests, and for preventing marriages consummated from being avoided by pre-contracts, and for the more effectual punishing of bigamy; also of an act passed in the thirty-third year of the reign of king George the third, intituled an 33 G. 3. (?:) act for the relief of his majesty's popish or Roman catholic subjects of felony for RoIreland, as contains any penal enactment which exclusively affects a man catholic Roman catholic clergyman celebrating marriage between any persons, celebrate

VOL. III.

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acts that re

marriages knowing them or either of them at the time of such marriage to be testants

, etc. of the protestant religion, or as declares or enacts that any Roman repealed. catholic clergyman who shall celebrate any marriage between two

protestants or reputed protestants, or between a protestant or reputed protestant and a Roman catholic, shall be guilty of felony, and suffer death as a felon, without benefit of clergy or of the statute, or as enacts and declares that any Roman catholic clergyman who shall celebrate any marriage between two protestants, or between any such protestant and papist, unless such protestant and papist shall have been first married by a clergyman of the protestant religion, shall forfeit the sum of five hundred pounds to his majesty upon conviction thereof, shall from and after the passing of this act be repealed, and that so much and such parts only of the said recited

acts are hereby repealed. Nothing

II. Provided always, and be it enacted, that nothing herein conherein to ex- tained shall extend to any proceeding, criminal or civil, commenced former pro- before the passing of this act; and that nothing herein contained ceedings, nor to affect any

shall be construed to repeal so much of any of the said recited acts of the recited as expressly or by implication repeals any former act or acts, nor to peal former revive or recognize any enactment as being in force at the time of the acts.

passing of this act which by any act heretofore made was expressly

or by implication repealed or altered. Act not to III. And be it further enacted, that nothing in this act shall give validity extend or be construed to extend to the giving validity to any mony not marriage ceremony in Ireland, which ceremony is not now valid now valid, &c.

under the existing laws, or to the repeal of any enactments now in force for preventing the performance of the marriage ceremony by degraded clergymen.

5 & 6 VICTORIA, CAP. 113.-An act for confirmation of certain marriages in Ireland.—Whereas marriages have in divers instances been had and celebrated in Ireland by presbyterian and other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, between persons being of the same

or different religious persuasions, and it is expedient to confirm such Marriages marriages: be it therefore enacted by the queen's most excellent celebrated by majesty, by and with the advice and consent of the lords spiritual and presbyterian temporal, and commons, in this present parliament assembled, and senting mi-* by the authority of the same, that all marriages heretofore had and nisters

, &c. celebrated in Ireland by presbyterian or other protestant dissenting as if soleme ministers or teachers, or those who at the time of such marriages had

been such, shall be, and shall be adjudged and taken to have been clergymen of established and to be, of the same force and effect in law as if such marriages church.

had been had and solemnized by clergymen of the said united church

of England and Ireland, and of no other force nor effect whatsoever. This act not II. Provided always, and be it enacted, that nothing in this act

contained shall extend or be construed to extend to or affect any riages. marriage declared invalid by any court of competent jurisdiction

before the passing of this act, nor any marriage where either of the parties shall, at any time afterwards during the life of the other party, have lawfully intermarried with any other person, nor any marriage respecting which any criminal prosecution shall be depending at the time of the passing of this act.

nized by

to affect certain mar

of the establishedchurch

III. Provided further, and be it enacted, that nothing in this act Any act contained shall extend or be construed to extend to or affect any by authority act done before the passing of this act under the authority of any of a court,&e.

not affected. court, or in the administration of any personal estate or effects, or the execution of any will or testament, or the performance of any trust. IV. And be it enacted, that this act may be amended, altered, or Act may be

amended,&c. repealed by any act to be passed in this present session of parliament.

6 & 7 VICTORIA, CAP. 39.-An act for confirmation of certain marriages in Ireland.- Whereas marriages have in divers instances been had and celebrated in Ireland, by presbyterian and other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, between persons being of the same or different religious persuasions; and it is expedient to confirm such marriages : be it therefore enacted by the queen's most excellent Certain marmajesty, by and with the advice and consent of the lords spiritual brated in

Ireland by and temporal, and commons, in this present parliament assembled,

protestant and by the authority of the same, that all marriages had and cele- dissenting brated in Ireland, since the passing of an act passed in the last be the same session of parliament, intituled an act for confirmation of certain in law, as if marriages in Ireland, and before the passing of this act, by presby- by clergy men terian or other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, shall be, and shall be adjudged and taken to have been and to be, of the same force and effect in law as if such marriages had been had and solemnized by clergymen of the united church of England and Ireland, and of no other force nor effect whatsoever. II. And be it enacted, that this act may be amended, altered, or Act may be

amended,&c. repealed by any act to be passed in this present session or parliament.

7 & 8 VICTORIA, CAP. 81.-An act for marriages in Ireland; and for registering such marriages.-Whereas it is expedient to amend the law of marriages in Ireland, and to provide the means for a register of the marriages of her majesty's subjects in that part of the united kingdom : 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 after the thirty-first day of March After 31st of in the year one thousand eight hundred and forty-five all the rules all rules preprescribed by the rubric concerning the solemnizing of marriages the rubric to shall continue to be duly observed, except as hereinafter provided, continue to

. by every person in holy orders of the united church of England and Ireland who shall solemnize any marriage in Ireland : provided always, that the giving of notice to the registrar and the issue of the registrar's certificate for marriage without licence, as hereinafter mentioned, may be used and shall stand instead of the publication of banns, to all intents and purposes, where no such publication shall have been made; and every person in holy orders of the Marriages united church of England and Ireland shall be bound to solemnize sbrember marriage on production of such certificate, in like manner as he is on produce required to do by any law or canon now in force, after due publica- trar's certiftion of banns, so nevertheless that the church wherein any marriage cate. according to the rites of the united church of England and Ireland

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