The National Register. — London, England, 1822-09-08 00:00:00

~~~ • rtir )_attanat 'MOM+ -.~ tk .r. . ~ ..:. ~.. Our Bing, Conititut.ton; and %a n 4. *op' . . • • • • w :_: No. 1,38 .—VOL. XV. SUNDAY, SEP I'EMBEIt 8, 1622. PRICK 9id. COPY OF 11IE NEW MARRIAGE ACD. ANN() TERM GEORGII IV. REGIS. Cat. bultv.—AN ACT TO AMEND CERTAIN PROVISION'S OF THE TWENTY 611TH OF GEORGE THE SECOND, KIR THE BETTER PREVENTING OF CLANDESTINE MARRIMIES. (July if. I M-1 • Whereas it is, amongst other things.. ptovided, by an Act passed iei the 26th year Of the reign of his late Majesty King George t h e Second, entitled, An Act for the better preventing of Clandestine Marriages." that all marriages solemnized by license after the 13th day of March, 1754, where either of tit.: parties (not being a widower or a widow) shall be under the age of 41 years. which shall be had without the consent of the fither 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 diem, and in case there shall be no such guardian or guardians, then of the mother (if living and unmarried), or if there shall be no mo ther living and unmarried, then of a guardian or guardians of the person appointed by the Court of Chancery, shall be abso lutely dull and void, to all intents and purposes whatsoever: and wltereaagtcat evilsand injustice have arisen from each provisions; fur remedy hereof, be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spi ritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that so much of the said statute as is hereinbethre recited, as far as the same relates to any marriage to he hereafter solemnised, shall be, and the saute is hereby repealed. S. •nd be it further enacted, that in all cases of marriage had and solemnized by license before the passing of this act, without an such consent as is required by so much of the said statute as is tierein'before recited,and where the parties shall have continued to live together as husband and wife, till the death of one of them, or till the passing of this Act, or shall only have disconti nued their cohabitation for the purpose, or during the pending of any proceedings touching the validity of such marriage, such marriage, if not otherwise invalid, shall be deemed to be good and valid to all intents and purposes whatsoever. a. Provided always, and be it enacted, that nothing in this act contained shall extend or be construed to mend to render valid any marriage declared invalid by any Court of competent jurisidction. 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, hate lawfully intermarried 'with any other person. 4. Provided also, that nothing in this act contained shall bed' taken or deemed to r niter any marriage valid, the invalidity o ' which has been establts!ted before the passing of this act, upon tl.c trial of any barite touching Os validity, or witching the legi tiniacy of any.person alleged to be the tiescenelant of the parties to such marriage. s. Provided a:so, that nothing in this act contained shall be • taken or deemed to reader valid any marriage, the validity of which or the legitimacy of any person alleged to be the lawful descendant of the p gnes man*. has been duly brought into !elation in prised tiding in any causes or gigs in law or equity ta which judgments lir decrees or orders of court have been pro nounced or made, before the passing of this act, in consequence of or front the Orem of proof in evidence having been made in such causes Or suits of the invalidity of such marriage, or the illegitimacy of such descendant. 6. Provided fun titer, and he it further enacted, that if at any time before the pagaig of this act any property, real or tiersonal, btu been in any manner pod essed, or any title of honour has been in any manner enjoyed, by any person or persons whomso ever, upon the ground or upon the pretence or under colour of the invalidity oh any marriage, by reason that it was had nod solemnired without such consent as aforesaid, then and in such j cam, although no sentence or Judgment has been pronounced in I any court against the validity of such marriage, the right end interest in such property or title of honour shah in no neinner be affected ot prejudiced by this act, or any thing herein contained, but shall remain and be the mine to all pit sons, and to all intents sad purposes, as if Miasma lied never been intiele. 7. Provided always, and be it enacted, that nothing in this act contained *hall extearl or be construed to extend to effect or call in question any act done before the passing of this act untie the authority of any Court, or in the administration sif any per sonal estate or effects, or the execution of any will or testament, or the performance of any trust. a. And he it f miler enacted. that no license for my marriage shall, from and after the Ist cley of Sep.eniber, in the year eif our Lord iStP, be granted by any person having authority to gum, the same, until oath shall have been made by the persons and to the effect required by this act; and if such license shall to required for the marriage of parties, both or either of wham be alleged to be of the age of 2: years. such parties shall respectively make oath, that they arc respec ively, and that each ot them believe. dm other to be, of the lull age of el years, or Upwards; and if both parties shall be under the age of 21 j ears, but shall be alleged to be a widower and widow, both parties shall make oath accordingly, as to himself and her mil, and as to hie end her bullet s ith respect to the other party ; and if both or either of the parties shall be tinder (beige of gi 3 eats, not being a 1.1 'owcr or widow, both of such pagies shall leake oath attuning:rig, as to himself and het:self, and as to his and her belief with regret to the other patty; and in such case both patties shall also ma ,e oath dust the pereon or persons Islet* consent shah be required by law to the marriage of ouch parties has been given, mid has been signified in the manner required hy this ad; arid if both or either of the parties shall be (Urged to be rif tig age hf It years, sail license shad not be grantest until thine shah be groduc. El, to the person hour whom such license shall be required, an extract or extracts from the register of the baptism of such parties or party so alleged to be of the age of gi yens, if such register shall be in England, and tan be hound ; eau each Mattel extracts shall be proved upon oath, by sonic othEr person or persons, to be a true extract from such register, and It relate to time baptism of the party to whom the saute shall be uheged to relate, or according to the belief of I the person nisi:nig • udi wile; but it such register slial not be ii England, or unmet be found. then such license shall not lie granted, unless sun h fact Rita I be proved upon oink to the sans 'anon of tile permit from whom such !teensy shall be sodgiit. , and miles. owe person or persons, having knowledge of the party or Fiume so alleged to be of the fill age of gt years, shrill ' ittekr such oath of tie tact that such party or parties is or are at I that age to the knowledge or btliel of satin person it ',enema so igaking u.uhi :go: u tbetating the wounds cur soil knowledge r h. i t; at.: in all rases, easiept cams of spscial licensee to he 'causal by the Aichbiehop of Cana:llmq and hit °dicers, cording to the proviso for that purpose in the said act of the 2fith year 01 George II.; oath shall also be made by each of the par. ties for whose marriage a license shall be sought, of the residence of such parties for Fite space of four weeks immediately before the granting of such license, according to the said act of the 26th year of King George 11. 9. And be it further enacted, that from and after the said Ist day cf September, the consent of any person or persons whore consent shall be required by law to the marriage of any person under the age of 21 years. not being a widower or widow, shall be signified in writing, signed by , such person or persons, and the signature thereto shall be attested by two or more wittiest", who shall subscribe their name to an attestation of such signature; and such consent shall fully describe the personae piteous giving such consent, and shall state wheats, such person or persons ellen be authorized to give such econsent as lawful parent or as lawful guardian or grardiens of the party to whose marriage such consent shall be given; and no license shall be ranted, from and after the first said day of September, for the marriage of any person, under the age of 21 yeses, not being a widower or widow, unless such consent in writing shall be delivered to the person front whom such litense shall be sought, and unless one of the witnesses to the signing of such consent shall make oath that he or she saw such consent signed by the person or persons who eh :II appear to have signed the same, and also saw the other witness to the attestation of Stich signature sign such at— testation, and that the names of such persona so aubscribed to such consent, and attesting the signature thereof, arc of the proper hand writing of such perms respectively; and some person, not being one of the parties for whose marriage such license shall be 'mien', shall also make oath that the person or persons who shall have signed such consent, as law ful parent or lawful guar. dian or guardians of die party to whose marriage such consent shall be required, is or are, to the beet of hit or her knowledge and belief, the lawful parent or lawful guardian or guardians of such party, and has or have authority to give such consent, and that the person making such oath well knows such parent or guardian or guardians, and also the party to whose marriage ouch consent shall be required. 10. And be it further enacted, that all such oaths as are te golfed by this act for the purpose of obtaining any license, shall be respectively sworn and taken before a surritgaie of die person from whom any such license as aforesaid shall be sought, nr biine a surrogate of some other person having power to grant licenses of marriage; and if any person or persona in any oath to be inade and taken in pursuance of this act, for the purpose of obtaining any license of marriage, shall knowingly and wilfully swear at,y 'motet or thing which shall be false oreiuntrue, every person so We:ailing shah, on conviction thereof, be deemed guilty of perjury, and shall suffer the like pains and penalties, and incur the same disabilities, as persons writs, of %dial and corrupt perjury ate subject to and rotor ; and if any person shall knory ingty and wilfully obtain any license fur rite marriage of such person, or of any other person, by means of any false oath, or by mean, of any lase iiiitraill,nt, in writing, cont ary to the prover arons of this act, knowing such teeth or instrument to be falre, such person being thereof convicted by due course of law, shall be deemed guilty of felony snit oral( ho it to gran:porta:ion for lite as a •telun ; end if Abe polio eblsenteketrerirce o f shall be one of the persona who sail bay tantreeted marriage by means of such license, such person . WI forfeit and lose to the King's Majesty all estate, right s eult, interest, benefit, profit, and advantage, which suc:i person may derive from of be entitled to by virtue of such marriage, and suck forteittire shall and may be uisposcd of in such Inanner as to Isis Majesty shall seem Ms an) grant of forfeitures or o.her matter or thing to the contrary notwithstanding. 11. And be it further enacted, that all and every the oaths and instruments required by th.s act for the purpose of obtaining any such license as aforcsaid, shall be duly preserved by the proper officer or officers of therpersen authorized by law to grant such license, and shall for goat purpoee be transmitted by the officer from whom any rich license shall be obtained to the registrar of the thin:errs within which such license shall be granted. wrCiill ten days after such license 611111 have been greened, together with a copy of toe license so granted, and shall be there filed and preserved ; and the registrar of such diocese shall cause an entry to be made of such license, and of the several instruments on truth whereof such license eiall have been granted, hi a eahrulter to lee kept for such purpose, so that the copy of such license, and tit i .n several instruments on lath whereof' such heenee ailed have b t en granted, may be easily found and resorted to; and all pet erns snail be at Marty to inspect such calendar end such copy t h . In. centre, and all such other instruments as aforesaid, at an a g,eoe. able times. 12. And be it farther enacted, that in every license /or the solemnization of any marriage which shad be granted after the said !jou day of September. to; tiers on which such I tense shall have bees, rounded shad be stated, arid it shall also 1' e stated that such facts have been fully proved as required by tin , sc.. 13. And b: it further eneetad, that it any utter or any person authorized by law to gratis any such license abaft I rot duly observe all the provisions contained in this ton respect.ng such liceroe, such officer shall be deemed guilty (tea interlope:4,ll°er, and being thereof dimly convicted, shall suffer all the pee:Oars and punier • nitro which may be inflic ed by . law WI a person guilty of a misdemeanour.. t 14. Aittl be it further enacted tno person Walt from and after the passing of this run, deemed. auitiortzed by law to giant tiny m a ntic for the sulem Alitla of any marriage, exec, t toe Archbishops of Canterbury York, accurding to tile rigias now vested - in them rasp:Gravely, and except the several other Bishops within Cie'r reepective dioceses, for the marriage of per sons one of whom shah be resident at the time within the dioecas of the Bishop in,whose name such manse shall be gtaltol, suer, residence to be proved in inarner liertanutfore yarned i and such Arebblehops and Bishops shrill use ee suehu orders and I.:go :mons for the observance of their respective otthers within their • respective jurisdictions, to they a:elide:on necessary for the mole efi,e :IA i,c,s,rotance of the uories of their several ofli:ers within the true intent and meaning of this act ; and if any such tiiiirer shrill not duly observe all such inners and teguestrons, suen officer shall be deemed guilty of a misdemeanour, ant being teerenf dilly convicted, shall be subject to putitshincrO as gualy of a niteicaleanour. 1 IS. Provided always, and be it farther enacted. that after ti , e aoleinnia .'ion of any marriage by hone, it *hall not be lawtul to inalic.:ch or iniaitaate any mien marriage, on the ground that any of thr ftrlm me vary to entitle rarti...to re.cl%eu license as livreinbirture enacted love been neglected, or bate been cucuted in a manner u.iterent from %Lac is herviiibelore imu.red. 16. And be it fort :er eneeted, that bdi.te the publication of lea., of matrimony in uy church or chapel. pur•mint to the pm ia.oas tut that purfn, f.t two bet the leth year of the e* , r 1 .~~. reign of his said late Majesty King George 11. there shall be delivered to the proper minister of the said church or chapel Pis . • . affidavit or affidavits in writing. sworn before such minuet? di . . 1.4 . one of his Majesty's Justices of the Peace, by the for vlt whose marriage such bans shaft be required to be ishodla par s stating truly the Christian and surnames of such V tespoila tively, arid the house or houses of their respective abode * within such parish or chapelry, or within pn extra parochial a d. joining to such parish of chapelry, if both shall min s or one of such parties if one only shaft abide thateisiy . t he time durinewhsch'such parties ively, or ono et it am one wily shall abide therein, shall have dwelt ha soa. brim ore houses. as occupier or occupiers thereof, or as hdirerer Wpm th:rein t.and such affidavit or affidavits shall also kaiti. tithe' that both the parties for whose irdirriage such bans dills be MX guired he be published have attained the age of glds; us' # both of thicanhall be under such age. then such ritrit den state thobath of than are under mash age; and if aft only shah be under such age, then web adavit o sic h piny is under oak lip t s end ado dedsvit or shall be delivered to aids wer Wag the of - bans; and in cuse any poose=3 M . . . swear falsely in any defeats filleitOn Wa d d 2 • be deemed guilty ofsZrodiereopttockry, thorned - ..• convicted by doe edam of law, shall ealsettlettaiditend of wilful and corrupt perjury, and shall forfeit and lasi to the ' King's Majesty ail estate, benefit, pvofit, and advantage which such person shall derive from the marriage of such person in con. sequence of the publication of bans of matrimony in pursuance of such affidavit. to be disposed of by his Majesty IA he shall OK fit l tny grant of forfeit Ores or other matter or thing to the an • miry notwithstanding. • 17. And be it 'further enacted, that each bans shall am be published until the true christian and surnames of the said per- , sons, and the house or houses of their respective abodes within , such parish or chapelry or extra parochial place as aforesaid. as .. stated in such affidavit, shall be affiaed w the principal door of the church or chapel, and in i.nme conspicuous place within the said ehurth or chapel in whit% such bans shall be published u aforesaid. and 61301 remain so afliadd until the expiration of the three Sundays on which such bane shall be published. IS. And be it further enacted.that every minister to whom any such affidavitphall be delivered, for that purpose of obtaining the publication of bans of matrinniny, shall deliver such affidavit to the churchwarden or chapelwarden of the church or chapel its which such bans shall be published, and the same 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 is which rich bans shall be published. 19. Provided always, and be it further enacted. that after the solemnisation of any marriage, under a publication of bans. it shall nabs aoaary. in summit of such marriage, to give any proof &Oaf ouch affidavit, nor shall any evidence be tecetved to peeve that such affidavit was not made and delivered as re• gaited by this act,. In any suit touching the validity of' su:h marriage t ear Mall such marriage he avoided for want of or r by reason of any defsej swell a ffi davit. or on account of the true ' - name or names of party not being used in the publication of such bona. at ;mamas, name! pot having WA er as aforesaid ; but it s',11!1 be ;artful in support of such to to give evidetice, th i tt the warms who are .dually mend the names specifier'. in such publication of bane sae so and such mangey. I shall be deemed good and valid to all hassle . 1 and purposes, tratwithstandmg false names. or a false name. assumed by bCy"i or either of the said parties in the publication of .uth blins,,it time time of the soletuntearion of such marriage. CO. And ',a it further enacted, that whenever a marriegedish not be had/within three months after the complete non of ban., no /bane sloth proceed to the solemnizati Me until th /bane shall have been republished on three Sun days, i A the form and manner prescribed in chi, act, in the mid rioted act of the isfith of George 11. or by license duly obt /nett according to the pros Lamm of this act. 'II. And be it tardier enacted, that all and every the clauses a ad provisions in this act, touching the publications of boas a hatnmony, and toit.hin r marriagis soleinn:zwl by rich bans, shall commence and hay:effect on and after the Ist of September, Dreg, and not btfore. 2. And be it also enacted, that whenever a marriage shall not be had within three months after the grant of any license by any archbishop, bishop, or any ordinary or person having authority to grant such Ilan,:, no Ittini,ter shall 'proceed to the col •a. non of martiage until a new license shall have been oh an by bans truly pabli died up:carding to the prutisithis of th . - * vI. Provided always, that nothing in this act eon csiend to the Marriage of any of th i royal faintly. 24. litolitilsi 111:,:Wilitt, til..t ntehing in this act contained' extend to any marriages amongst the people called Qaakerie,. or amongst the people professing the desdea religion, where both the parties to any such marriage shall be of the people called Qusikers, or persans protassing the Jewidi reld.riun respectively, oor to any marriages praleasonial beyond the seas. VS. And be it further enacted, that the; act shall be publicly read in all chinches and public chapels by the person, near. tut. roster, or curate of the rovaecti ye parishes or chapclrie'. on satins Sunday immediately after morning prayer, or immediately after evening prayer, if there shall be no morning service on that day, in each of me Mouths of October, November, and December, a . the year of our Lord one thousand el lilt hundred and twenty-two; ' and at the seine times on three several Sundays in the year eta thoUsAlld eight hundred and twenty-three—that is to say, the butidaya next li...fufe the 25th tray of March, 2 ith day of June, and 29t11 day of septeniber. gfi. And ha it farther enacted, that this set shall extend only to thatiar! of the Lissploin c.a....Li England. ~~r~ pol j S V .. ._, • :• . . • Thi twenty individuals arrested on changes of - ‘s , '" • t: 1 - • - ' )* high ireitsr•n, in Dublin and Armagh, in June last, • - and since conliaed in Kiltuainham gaol, autslm, • . ..J were discharge,' on Tticislay last, without trial. We . !'",'5lA .must presume it was ihund, upon inquiry, th,t the i ,,,z1,1 _ ..I 1 charms could not be substantiived in evidence.— l' , - '"'' 1 ) These union, mate individuals appear to be or the . , ~.. , it -.-,, lowest class o l the people. ! S 4 4 ) Proprietors of iron and other manufactories cannot • • /,) , • - ‘ 'be too caution I in admitting threigners to view th.::r .... i. , ..., ... wihk.s, a. it is well known that natives of Fraave, St:. are now lt t•valing the kingdom with a view to procure mode: 1 of tua.-itinery, Ste. 71 • . i. - Allgtic"" - - 1