The National Register. — London, England, 1822-09-09 00:00:00

*•4 COPY OF TIIE NEIV MARRIAGE ACT. ANNO TlliftTlO GEORG!! IV. REGIS. CAr. I.%.‘V.—AN ACT TO AMEND CERTAIN rumerstows OF lit: TWENTY SlXilt OF Cioutiet 't nu Sieoten. r0:1 RETTEII PREVENTING OF Unaxnesretve. • (July 24, Whereas it is, amongst other things, ptuvided, by an Act passed in the altith year of the reign of Iris Lou alajesty King lleorge the Second, entitled, ••AnAet fur the better preventing cif Clandestine Marriage.," this all marriages eohlunized by license after the te3th day of March, 1731, where either of the parties (nut Ming a widower or a ',Wow) shalt be tinder the rage of 21 years. whits shall be had without the eons nt of tile f.ther of soch of the navies so under age (if then Urine) first had and obtaieed, or it dead, of the guardian or guardians cif tl•e person of the party so uni'er age, Lot fully appointed. or one of Mem. and its cue them shall ire no well guardian or guerdians, then of the mother (.1 living and uninatitti), or if there shall be no mo il:etliver end unmarried, then of a miartlian or greartii.ins of tJ c person appointed by the Coma of Ch =ay, shall be abso lutely null anti void, to all intents and poriames whatsoever: anti whereas great evilsand injustice have arssim from such provisions; fur remedy hereof, he it enacted by the King's most Ewe lent Majesty, by and with the advice and consent of the Lords ;apt. ritual and Teniporal, and Coiniumus, in this present Parliament assembled, and by the &minority oldie saute. that Id much of the bald statute as is hereinbefoi. e recited, as far as the antic relates to any martia l . e to lie hereafter eolenintaitd, shad be, and the "awe as hereby re;vealeil. Si And be it fur:her enamel, that in all mar, of marriage had anti auleninited by ticenee betisre the pat.ino of this act, withoot any such consent as is requited by so nitwit of the said statute as in herein before recited.and a here eternities:shall have continued In live together as husband and eife, till the deem of one of them, or tol the posing of this Act, or alum; only have di-conti nued their coliahitation for the purpoee, or daring the pending of any proceedings touching the validity of such marriage, sited marriage. if not ott.erwise invalid, shall lee deemed to be gotal ansavaltd to all intents and purposes whatsoever. S. Provided always, emu be it enacted, that nothing in this act contained shall extend or be cen t sand to ex and to reader valid any marriage declared invalid by any Court of competent jovial ctiun. bt.tinie the ; mining of this act, tier any marriages where either of the parties shalt at any time attenuate. clueing the life of the other party, hate lawfuliy iuterinartied with any other person. ♦ Provii:c.l also, that nothing in this act contained shall be taken or deemed to under ally marriage valid, the invalidity of which has been established before the passing of this act, upon the trial of any tote touching its validity. or touching the legi timacy of any person alleged to be the descendant of the parties to such marriage. a. Provided also, that nothing in this act contained shall be taken or deemed to render valid any marriage, the validity of which or the legitimacy of any, poison alleged to be the lawful de, encLant of the pieties earned, has been duly brought into question in promediegs in any moos or suits in law or equity in which judgments or decrees or orders of court have been pro— nounced or male. before the passing of this act, in consequence of or ten the effect e. proof in evidence having been made in such causes or suits of the invalidity of such tuarriss;e, or the illegitimacy of such descendant. 6. Provided fut thee, and be it further enacted, that if at any time before the paisng of this act any property. real or personal. has been in any manner pus eoctl, or any title of honour has been in any manner enjoyed, by any person or persons whomso ever, upon the pourer ur upon the pretence or under colour of the invalidity Many marriage. by reason that it was had anti tolenintived without such consent its aforesaid, then and in such case, although no sentence or judgment has been pronounced in any court agonise the validity of such marriage, the right and interest in such property or title of honour shah in no manner be affected or prejudicial by this act. or any thing herein euueail e.l, Let Khali remain and be the some to all pie sons, and to all intents, and purposes, as if this ail had never been ma de. 7. Priv:dal always, and be it enacted, that nothing in this act contained shall extend or be construed to extend to affect cr call in question any act done before the passing of this act under the authority of any Court, or in the adininietratioe of any per— sonal estate or diets. or the execution of any will or testament, Sc the performance of any trust. • L And be it farther enacted that no license for any marriage shall, from and after the hat day of September. in the year of our Lord Ina, be granted by any person having authority to grant the eatme, until oath ell .11 have been made by the ',cisme sad to the effect requited by this act; and it' such license shall be required tea the tuarriaee ot parties, both or either of whom shall be alleged to be of the see of 21 years, such parties shall respectively make oath, that they ate respite iveiy, and that each oh them believes the other to be, of the lull ale of 21 years, or upward , ; and if both patties shall be under the age of SI years, but shall be alleged to be a widower and widow, both pattlec shall make oath accordingly, as to himself and her self. and as to his end her belief teeth respect to the other party; aid it both or either of the panics shall be male • the age of ill years, not beings widower or widow, both of such parties shall tt eke oath accordingly, as to himself and hetself, and as to his sod her belief with respect to the ether party; and in such ease both patties 'hall also mate oath that the person or persons a hose consent shall he reunited Ly lad' to the nominee is suit parties has been given, anted has been signitied in the manias required by this act; and if both ear either of the purties shall he alleed to be i t tile age of 21 )ears, fuel' license rhea nut bt granted until there shah be I rodue d, to the pie•son from whom autili license shall be required. an extract or catt4Cta from the register of the baptism of such parties or pa: ty so alleged to lee M the age of 41 years, if such register abaft be in England, and can be round; and each of such extracts alial be peeved upon oath, by souls other person or per ors, to he a true extract friou register, and to relate to the beptioii it the party to alunit yeas mme shall Wleged to relate. iit arcorthne to the belief of , the person a such oath; but if such rea g estcr shall not be lac Layeland, or not be found, then such license dull not be grantei, unless such fact silo I be moved upon oats to the emir faction of the person from whom si.ch license shia I be so:relit, sad unless emu:: person or persona, Laving knowledge of the party or panics wadieged to be of the foil age of 2t yenta. >hall etteli coeh cf tl,e Tart that sto h party or parries is or are of lot at age to the knowledge or belief of soch iirrboa tr I ersuns so ic.sking oath seater.= tliatoting the gout ds fur such ktiowietlee or belief; and in all names, except eases Ulbckviai licen..ca to by grar.tt.4 by the Arel.b shop of Canterbury and his officer', ec cord mi to the proviso lot that purpose in the sad act of tits 2th . ytaalslGLOTZe II.; Oath steal bleu be made by C:461 ui chic ; tow fon w h ose marriage a license sbr.ll be sought, et the yeah', ofeucia pard a for the space of four wee tali„tely bet; the granting of such limise, according t el stet of t:.e Ststl, year of King George 11. S. And be it further enacted. that from ee tl c said let day of September, die content of any iteratn or persons whose remsent be required by law to inc marriage of sty person under the age et 21 years. rot being a widower or wit ow„ shall tae si e x.ified in writing, sigreo by stilt lerson or perseria, and tile hartattire thereto abaft be attesud by two or theme a unease', who anal' aubseribe their hove to an attestation of sects signature; end such constet thud luny describe tile person or perama giving finch consent. and %had state whether person or pinnies I shall be memorised, to give such C••rnnlt as tar ::41 parent Or as ; Lawful guardian or guardians of the pert) , to whose tuarrite,e such commit "hall be given; nerd no licerxe dial be gunned, holm cod sillier the Let bent it, of Semi it laor. for the marriage ; oe any person under the age spa ysars, rot being a widower or 1 6441501, unite. situ etensLat in *Mors ailed be delivered to the THE NATIONAL REGISTER person from whom such license s: all be sougla, and unless one of the witnes es to the aigning of see) eansi tit shall make oath that he or she saw sue:i con •at sigred by the person or peraans who sh II appear to have sive' the same, rod also saw the other witness to the attevatien of wall signature sign such et— testatian. and that the name., of such perithls so subscribed to such consent. and attedatig the signature than ea, are of the proper hands ruing of such peraons respectively ; and some person, not b.:ing one of the parties for waiuse marnage such lieens.° shad be sought, shall also make oath that the petsou or Reruns silo Omit have signed such consent, as. Law fan parent or lawthl guar dam or guardians of the patty to whose ono riage SUCh corselet shall be required, is or are, to the bc: t of his or bar knowledge and belie., tie lawful parent or lawful guardian or guardians of such party, and has or have authority to give such conaeni, and that the person making such oath wet knows each parent or guardian or guardians. and also the party to whose marriage such consent shad be required. 10. And be it further enacted, th,t all such oaths as are re plica by this act for the purpase of obtaining any license, shall be respectively swain and taken before a suzette:de of the person from who.n any such 'teethe as aforesaid shall be sought, or b lore a surrogate of some oilier person Living power to giant lice/Lies of marriage; and if any iaerson or pawns in any oath to he made and taken in pursuance of this act, fur the purpose ut ortaming any license of mai tinge, shad ki.awingly and widully swear any mattet or thing which ►has be Lose or untrue, every person so edentling shalt, on convict:en thereof, be Oz.med path., of perjury, and shad sal er the like pains and penalties. and incur tat same disabilities, AA perions gthlty of a iltul and corrupt peljary ate subject to and incur ; and if any persion shall know tag.) , and wilfully obtain any license tbr the marriute of such person, or of any other person, by means of any false oath, or by mean. of ally false inatruntant io waiting, cont ary to the provi sions of this act, knowing such path or ins:runic:a to be false, south person being thereof convicted by due course of law, Odd he deemed guilty of felony, and shaft 6c Itable to transportation fu li:e as a felon; anal it tile pa twit convicted of such °Wane shall he one of we persons who shall have contracted marriage by means of such license, such person shall forfeit read lthe to the King's iNlaje-ty art estate, right, title, interest. benefit, profit, and advantage, erhicli such person may derive limn or bc endtleal to by , virtue a such Marlikze, and sues lonia:we :hall and may be disposed of in halal manner as to lets at aje,ty shinl seem fit; any grant of forfeiture% or °Jeer matter or thing to the contrary nut we hstanaling. 11. And be it further enacted, that all and every the oaths and instruments required by th s act for the pur; ose ut obtaining any such license as aforesaid, shall be duly preselect! by the pauper Officer or ntlieers of the perusal atultotiaed by 'aw to grunt such license, and shall for that purpose be transthuted by the officer trout whom any such license shall be obtained to the registrar of the dioccss within which such license shall be granted, within ten days after such iicense shall have been granted, ,ogetlier with a copy of the license so granted, and ahula be there tiled and preset ; and the registrar of such dibeesa shall cause an entry to be made of such license, anal of chest:soul Mat:nitro:is ou faith wiieteof such 'teens.: s null nave been granted, in a caleadas to be kept for such purpose, FO that the copy of such license, and such several instruments on faith thereof ►ucla license than hare been granted. may be easily found and resorted to; and all pets. au basil be at liberty to inspect melt calendar anti sued copy of li cense. and all such other instruments as aforesaid, at al* season able 12. And be it further enacted, that in every license for the solemnization of any marriage shish snail be granted after the said first day of September, sae Lets au which such I:cense snail have been founded clucl be stated, and it sk.II also be buittxl that such facts have been fully proved as requireJ by this ac , . 13. And be it further lst it any officer or any person autforized by law to grant any suet license shall hot duly observe ali the 1 rovisions cont4ineti an this act respecting cacti licen,e. such officer sball be deemed guilty of* misdemeanour, and being thereof duly convicted, shelf esti% r all the penaltas and punish ment which may be ibtlic ell by law on a person gui.ty of a misdemeanour. 14. Anti be it further enacted, that no person thall, from and after the passing of this act, be deemed nut:ionized by law to grant any license for the stilemnizAtion of any marriage, except the Archbishops of Canterbury and ork. aceording tot.., .alas now vested in them rt-sperively, and except the several other Bishops within their respective dioceses, for the inurritige ui per sans one of whom shah be resident at the time within the diocese of the 11. shop in whose name such license shall be granted, such re.,idenec to be proved in niarner herembefore virected ; and such Arclibtiliops and Bishops shall maize such others and rcgu harms tic the observance of their respective (lutes* within their respective jurisdictions, as they shall deem necessary for the mote effectual performance of the duties of their several clß.:c3i within tl:e true intent and meaning of this act ; and it any such °Ricer shall not duly observe ail such orders anti reguiamons, such officer shall be deemed guilty of a misdemeanour, and being thereof duly corvietcd, shall be subject to punisluneM as guilty of a nii-deuticenuur. 13. Provided always, and be it farther enacted, that after the solemnisation of any marriage by license, it shall not be lawful to impeach or ins imitate any omen Itiarriage, on the ground that any of tie ft.:ns necessary to entitle •antes to recta, a liccnbe its herembefore enacted base been neglected, or have been executed in a matuier 64i:rent from what l irereinbefore letiuircd. 16. And be it fure'er en mud, that before the publication of bans of matrimony in and chute:( or chapel, pursuant to the pro. etions for that pierp,i..effi the sdit act of tits 26-li year of the rein of his and Isle AL-jesly Kitt; George 11. there shall be cleiteered to the proper minister of the sal:I church or chapel an ali:,:avit or tiflidavits in wilting, sworn battle each mmHg, r or one of Ins Majesty's Jkstices el toe Peace, by the parties for whose niarrt.ge such bans sl:a.l he iequireel to be poi shed, stating truly tile Ctiiistian and our:4mo of sucii parties respec tive'y, and the house or houses of weir respective abode attain such parish or eimpelry, or atonu an extra parochial pia-ie att.. ju•nin4 to each parish or clutpilry, if both shall abide therein, or title cf sod' parties if one only shall abide therein, and the tint:: during which such putties respectively, or one of them, if one only mall abide therein, ,!tall have dwelt in such house ur house:. es occupier or occupieis thereof, or as loager or Iti:gers threw; and Such affidavit or afiiilasits shall also state, either that both the parties ,or whose marriage such bans shall be re. q•tiresl to be published have au:dried the age of 21 years; or if JAI of them shad lie under soca age, then such affidavit shall tt...te that both of them are under such age; and if one of than oaly shall be under such ago, men such affidavit shall state that li party is under such age; and obeli affidavit or affidavits all be delivered to inch minirer before the pudic:Men of suc.i and In ease any lar•on shail in any such affidavit wilfully .ear fats .ly in any matter contained there:a, such per•on shall u.. (Lotted ~ttley of wtful rod coi runt perjury,and being thereof convicted by clue course ul law, shat silifer the pains and penaltica of wiiful and corrupt lie_ jai. and shall foif.it and lose to the King's 51tiji sty all estate. late fit, prefit, and advantage which bUC.I person shall c:eri►e from the marriage of Wen perah in con sequence of the publication t f bates of andrintony in pursuance iii such a tidavit, to be ei,sposA of by his :ileijesq as lie shall bee fit ; any grant ef fo therm u: utter mutter or thing to the con trary notwithstanding. 17. And be it fate ter enacted, that such bans shall not be published until the true elms um sad surnames of the said per sons, and the house or hue-es of their respective abodes wiuun soon parish or ch.:pc:try n• ex ra paructitat velar Ica atoresaid, as stetl in such affidavit, Banff he affixed to the principal coo, of the or chapel. and in sea e conspicuous place within the assad rhu•ch in dispel in whidt bans shall DC published as aforesaid, and shah marlin so affixed until the expiration of the tbra shiralks on which stiolt h..us shall be talishtd. IS. And be it further enacted, that every minister to w any such affidavit shall be delivered. for the purpose of obtaining the ! publication of bans of mwriiiiiiny, shall deliver such affidavit l o the churchwarden or chapelwarden of the chinch or chapel in which such bans slial be published, and the saute shall be depo_ sited by such churchwarden or chapelwarden in a chest to be provided for that purpose, and kept in the church or chapel in which such bans shall be published. 19. Provided always, and be it further enartcd, that after tl:e solemn scion of any multiage, tinder a publteetion of bans. it shall not he necessary, in support of such marriage, to give any prow of any ouch affidavit, our cruel any evidence be teceivid to prove that such affidavit was not male and delivered as m. Toted by this act, In ally sun touching the validity of .tiers marriage; nor shall such tuartiage bo avoided tur want 01' ur by reasen of any defect in such efildtivit, or on account of the Rue name or names of either parts not being used in the publicatien of such bats, or for such name or names not having ben affixed as ; but it shah be lawful in support of such marriage to give veldt:lice, that the persons w h o are actually married by the names specified in such publication of bans were co married, and such montage shill be deemed good unit valid to all intents and purpose, notwithstandrg false names, or a false name, assumed by both or either of the said parties in the publication of such bans, at the time of the solemnisation of such marriage. 20. And be it further enacted, that a lientver a marriage shall not be lad within three months alter the complete pubhcautin of ban•, no minister shall proceed to the sokitin zatiou of the same mil the bans shall have been republished on three several art.n. days, in the form end manner piettcribid in nett, and in the sail recited act of the 2fith of George 11. or by license duly obtained according to the provisions o f this act. 21. And be it further enacted, that id. and every the clauses and provisions in this act, touching tha publications of bans of matrimony, and touching marriag s solenin:zed by such bans, shall commence and have efieet on and miter the Ist of september, 18:2, and not b. Sue. sit. And be it also enacted, that a Itencirer a maniege shall not be had with:li 'hare months sfer the grant of any license by any archbi hoe, bidlop, or any ordinary or person having authority to giant knelt Menge, no minister shall reeved to the solemnisa tion of manage until a new license shall have been obtained, or by ben. duly published according to the provisions of this act. 23. Provuted always, that nothing in this act contained Stall extend to the marriage of any of the royal family. 2S. Piovittal likewise, that nothing in this lust contained shall extend to any tuunitiges amongst the la op,e called Qu ticers. or anictig,t the people professin4 the debits.' religion, where both the parties to any such marriage shall be of th e p eo pl e ca l le d Quakers, or persons professing the Jewish religion respectively, nor to any marriages solemnized beyond the seas. 23. And be it further enacted, that this act shall be publicly read in ail churches and public chapels by the parson, vicar, nu. niter, or curate of the respective parishes or chapelnes, on sane Sunt:ay inintedatkily alter morning ptayer, or immediately after evening prayer. if there shah be no insornin4 service on that day, in each of the months of October. November. and December, in Literate ef our Lord one thousand eight hundred and twenty aasii and .4 the NUM times on three several Sundays in the year one thousand eight hundred and twenty•three—athat is to say, the Sundays ni xt before the 23th day of March, 24th day of Aube, and 29th day t f September. 26. And be it further enacted, that this act shall extend sal, la that part of the kiargdoar cal:rxl England. FROM SATURDAY XIGUT'S GAZE) 7E. • MI 1. ITA RY PRO MOTfONS. 78111 Regiment of Foot—Major Gen. Sir E. Barnet, K.C.R., Coin t e itifie Brigade. to be Lieut. Colonel. v.ce Lieut. Gen. Sir S. Auchuruty, G C.B. Rtl Brigade—Nlajer Gen. Sir A. F. Barnard. K.C.8.. to be Colunti Ciminutudant of a Battalion. vice Major Generai Sit E. Bianca, E.C.B. appointed to the command of the irith tout. EDINBURGH. Aro. 49. The King a u th;s th.y 1. hawed to cor fa the honour of Knight. I owl on A. Ferguson, F.:q. Depwy Keeper (Sr the Regan& of baxiancl ; and on Hefty Itaebu,n, of Stuckbndge, K q. This Greene notifi s the appo ntment of George Chapman, of Brightlielinstone, SIISACX, and It. Hiaw, of Burnley, Lancashire, Gents. to by Masters Bottaordmary in the Court of Chancery. BANKRUPTS. J. Peyton, Chrischurch ynelimn, Southampton, merchant. Solicitor, Mr. Cast], man, 11' inibottie. Dumt. W. Lucas, Burphum. Su.stom, farmer. Sols. Messrs. Freeman and Co. Cl know Street. W. 11. Smith, Faversham. Kent, linen draper. Fol. Mr. Jones. Size Lane. _ _ . W..l'omiiroson, Chester, wine merchant. Sol. Mr. Mayhew, Chancery Lane. T. Browning, sen. East Mailing, Kent, fanner. Sol. Mr. Caner, High :Otte!. Borough. C. Humphries. Boaloop.gate Street, linen draper. Sol. Mr. Jones, S•ze Lane. J. and H. Day. Camberwell Green. stone masons. Sol. Mr. Slinter„ Mal!bank Street, IVestrnit,,ter. T. Davis. Mtnurics, stationer. Sol. Mr. Tliomqon, George Street, Mtnorica. N and M. Ilellyer, Fast Stonthouse, Decon.liite, builders. Sol. Mr. 111.tkinaon, 'limple. J. Harris, Birnitnghani, nail factor. Sols. Messrs. Long and Co. Gray's Irn. It. Junes. Seaport, Monmouthslae, wine merchant. Sob. Messrs. Bourdidon and Co. Brew Strict. theapsitle. 'l. Ratans, jun. Ragland, Monniourk,leire, ourdsuicer. Mr. in,, Surg.sues Inn, Fleet Street. IIIVIDENDS. kept. 30, T. and W. Wintlkattt.To;i3;:ock, Memel ire. fen-. Intmgera—.7:, J. Saundcrivo, Sutton. and T. Masters. Fotton. Bedso,dalli.e. corn dealers-30, T. D.ckini. I.lverpool, cltunt—zo. J. llodgson, lliverston, Lanc.a.llirc, victualler—Oct. J. C..rlile. T. Bolling, and C. Fell. Bolton, I.al.casl,itc, cotton ryibncrs—ti. H. Jcbtucs, iludticrtfield, Yorkeldre. corn merchant. CLIITII•ICATES to be granted Sert. 28. W. Turner, Leron. Essex, horse dealer—T.Bolton, Aston, ii near .rmingbum. brass futmder.—W. N. Itales, Ilikton, Staf ford:bile. mercer—J. W. Cuter. Mercer Street, Lone Aar, each plater. We understand that the Right Reverend Father in God, the Bishop of Clogher, since the affair in the metrorolis, has not been exclusively employed in woks indicative of penitence, for great progress has been made in grouting, in every possible case. new tenures fur the consideration usual in such cases; so that there is reason to believe little will remain to be done, when his pious labours shall be dispensed with. Proprietors of iron and oilier manufactories moot be u:o cautious in admitting foreigners to view their works, as it is well known that natives of France, Fee. arc. now travtlling the kit door with a view to procure models of machinery. &e.