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the limits of the parish or chapelry which shall be licensed by the ordinary of the diocese for the performance of divine service, during or by reason of the repair or rebuilding or disuse of the church as aforesaid; and where no such place shall be so licensed, then during such period as aforesaid the marriage may be solemnized in the adjoining church or chapel wherein the banns have been proclaimed, or which shall have been specified in the licence; and all marriages heretofore solemnized in other places within the said parishes or chapelries than the said churches or chapels on account of their being in ruins, under repair, or demolished, or taken down in order to be rebuilt, or for any other cause, shall not be liable to have their validity questioned on that account, nor shall the ministers who have so solemnized the same be liable to any ecclesiastical censure,

or to any other proceeding or penalty whatsoever. Act may be amended, &c.

V. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament.

SPACB LBFT,

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1816.

MARRIAGES, SCOTLAND.

4 & 3 WILLIAM 4, CAP. 28.—An act to amend the laws relatire to marriages celebrated by Roman catholic priests and ministers not of the established church, in Scotland.-Whereas an act was passed in the parliament of Scotland in the first session of the first parliament 1 parl. Car 2 of king Charles the second, intituled act against clandestine and un- 46.1661: lawful marriages; and another act was passed in the seventh session 1 parl. Will. of the said first parliament of king William, intituled act against An. 1698. clandestine and irregular marriages : and whereas by the said recited acts, or one or other of them, Roman catholic priests, and other ministers not of the established church of Scotland, celebrating marriages, and persons married by such clergymen, in Scotland, are rendered liable to certain punishments, pains, and penalties : and whereas it is expedient that the said acts should be altered and amended: 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 from and after the passing of so much of this act so much of the said recited acts as prohibits the celebration as prohibits of marriages in Scotland by Roman catholic priests or other ministers Marriages by not belonging to the established church of Scotland, or imposes any tholic priests fine, pain, or penalty on persons so married, or on the priests or repealed. ministers celebrating such marriages or marrying such persons, shall be and it is hereby repealed. II. And be it enacted, that it shall be lawful to all persons in Persons in

Scotland may Scotland, after due proclamation of banns there, to be married by priests or ministers not of the established church, and also for such by priests priests or ministers to celebrate marriages without being subject to not of estabany punishment, pains, or penalty whatever; any thing in the said church. recited acts, or in any other act or acts of parliament, to the contrary notwithstanding

III. And be it enacted, that the said recited acts shall, excepting Recited acts in so far as the same have already been or are hereby repealed or force. altered, remain in full force, authority, and effect. IV. And be it further enacted, that this act may be amended, Act may be

or repealed by any act or acts to be passed in the present session. session of parliament.

be married

varied,

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TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A.

1841.

VOL. III.

Bb

MARRIAGES, BRITISH FACTORIES.

4 GEORGE 4, Cap. 91.-An act to relieve his majesty's subjects from all doubt concerning the validity of certain marriages solemnized abroad.—Whereas it is expedient to relieve the minds of all his majesty's subjects from any doubt concerning the validity of mar. riages solemnized by a minister of the church of England in the chapel or house of any British embassador or minister residing within the country to the court of which he is accredited, or in the chapel belonging to any British factory abroad, or in the house of any British subject residing at such factory, as well as from any possibility of doubt concerning the validity of marriages solemnized within the British lines by any chaplain or officer, or other person officiating

under the orders of the commanding officer of a British army serving Marriages abroad; be it declared and enacted, and it is hereby declared and abroad in enacted by the king's most excellent majesty, by and with the advice British face and consent of the lords spiritual and temporal, and commons, in declared this present parliament assembled, and by the authority of the same,

that all such marriages as aforesaid shall be deemed and held to be as valid in law as if the same had been solemnized within his majesty's

dominions, with a due observance of all forms required by law. Proviso for II. Provided always, and be it further enacted, that nothing in solemnized this act contained shall confirm or impair or any wise affect, or be beyond sea. construed to confirm or to impair or any wise to affect, the validity

in law of any marriages solemnized beyond the seas, save and ex. cept such as have been or shall be solemnized in the places, form and manner herein specified and recited.

valid.

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MARRIAGES AT HAMBURGH.

3 & 4 WILLIAM 4, CAP. 45.-An act to declare valid marriages solemnized at Hamburgh since the abolition of the British factory there. Whereas the British factory at Hamburgh was dissolved, and the privileges thereof abolished, in the year one thousand eight hundred and eight: and whereas divers marriages of subjects of this realm resident in Hamburgh have since the abolition of the said factory and privileges been solemnized there by the chaplain appointed by the lord bishop of London, or some minister of the church of England officiating instead of such chaplain, in the British episcopal chapel, and in private houses in that city, before witnesses, according to the rites of the church of England: and whereas it is expedient that no doubts should hereafter arise as to the validity of such marriages: may it therefore be declared and enacted; and be it declared and 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 all marriages of parties subjects or parties one of Marriages them being a subject of this realm, which have been solemnized at legally soHamburgh since the abolition of the British factory there, by the Hamburgh chaplain appointed by the lord bishop of London, or by any ministers abolition of of the church of England officiating instead of such chaplain, in the factory there episcopal chapel of the said city, or in any other place, before wit- valid. nesses, according to the rites of the church of England, shall be good and valid in law to all intents and purposes as if the same had been solemnized in the British factory at Hamburgh before the abolition thereof.

at

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MARRIAGES, INDIA.

men of the church of

marriages

58 GEORGE 3, CAP. 84.-An act to remove doubts as to the validity of certain marriages had and solemnized within the British territories in India.- Whereas doubts have arisen concerning the validity of marriages which have been had and solemnized within the British territories in India, by ordained ministers of the church of Scotland as by law established: and whereas it is expedient that such doubts should be quieted, and that the law respecting such marriages should be declared for the future; be it declared and enacted, and it is hereby declared and enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and tem

poral, and commons, in this present parliament assembled, and by Marriages the authority of the same, that all marriages heretofore had and in India be- solemnized, or which shall be had and solemnized within the said fore 31st De- territories in India, before the thirty-first day of December now next ministers of ensuing, by ordained ministers of the church of Scotland as by law theseburcla established, shall be, and shall be adjudged, esteemed and taken to to be of the have been, and to be, of the same and no other force and effect as if same forcices such marriages had been had and solemnized by clergymen of the by clergy church of England, according to the rites and ceremonies of the

church of England; and that from and after the said thirty-first day England; of December now next ensuing, all marriages between persons, both and after that period, or one of such persons being members or member of or holding between per

communion with the church of Scotland, and making a declaration sons one or to the effect hereinafter mentioned, which marriages shall be had both of the church of

and solemnized within the British territories in India, by ordained Scotland by ministers of the church of Scotland as by law established, and that commu- appointed by the united company of merchants of England trading nion, and ap- to the East Indies to officiate as chaplains within the said territories, pointed by E. I. com- shall be, and shall be adjudged, esteemed and taken to be, of the pany, valid. same and no other force and effect as if such marriages were had

and solemnized by clergymen of the church of England, according Declaration

to the rites and ceremonies of the church of England: provided by parties. always, that from and after the said thirty-first day of December, no

such marriage as aforesaid shall be had and solemnized, till both or one of such persons, as the case may be, shall have signed a declaration in writing, in duplicate, stating that they, or he or she, as the case may be, are or is members or member of or holding communion

with the church of Scotland by law established. Minister to II. And be it further enacted, that the minister by whom such riage; and marriage shall be solemnized, shall

, immediately upon the solemnideliver dup- zation thereof, certify such marriage by a writing under his hand in tificate sign- duplicate, subjoined to or indorsed upon the declaration in duplicate ed by parties hereinbefore mentioned, specifying in such certificate the names

and descriptions of the parties between whom and of the witnesses secretary or in whose presence the said marriage has been had and solemnized, presidency, and the time and place of the celebration of the same; and such

transmit

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