The National Register.
London, England, 1822-08-26 00:00:00

rim KEW MARRUGI Acr.

The following is a legal opinion of Dr. Phillimore
upon certain queries submitted to him connected
with this act
will endeavour to ansiin the several questions in the order
in which they are put and to prevent any misapprehension, I '
will prefix to each answer my understanding of the purport of
the question.
" First, Whether, in ewes where the publication of bans hat
been completed before the let of September, but the marriage
has not taken place, the bans must be republished ?
" To this I si•ould reply. that I see no necessity for any such
republication. The new law, as far as it affects marriages by
bans. has no erect or operation whatsoever till the Ist of Sep.
tember ; in the ease put. therefore. antecedently to that day, the
publication wilt have been completed according to the strictest
provibioll, of the existing law; and on proof of their having been
so completed, the clergyman. I apprehend, will be fully justitkd
in the performance of the ceremony. Consequently, I am of
opinion that a clergyman may surely proceed to the solemnise-
tien of matrimony in all eases where the bans have been published
in exact conformity with the law actually in force on the three
Sundays preceding the Ist of September.
" Secondly. ‘Vhether, in cases where the publication of bans
has taken place on two Sundays previous to the Ist of September,
the clergyman may proceed with the bans, and conclude them
on that day?
" Perhaps there is rather more difficulty in answering this
than the former quest on. because, from the absence of any pre-
cise provision as to this point in the statute, the clergyman, to a
certain extent. is called upon to exercise more discretion in one
instance than in the other; but in my judgment he will exercise
that discretion most soundly, if be gives erect and validity to all
the publications of bans a hich have taken place in conformly
with the law as it subsisted on the three several Sundays on
which they were made. Every such publication must. I thinks
be comidered as legally made. The two first publications, there-
fore, would be pro bate good: but the third, nut being made on
the day on which the operation of the new set commences, must
not be proceeded upon call the requisites enjoined by that act
shall have been complied with.
" I am aware that. technically speaking. all the requisites
cannot by such a course of proceeding have been observed. The
Lames. for instance, cannot hare been a Weed for three Sundays
to the church door ; but in uses of this description, in acting
upon the law, we must put a rational construction on it, and ap-
proach. as nearly as we can, to an adequate execution of it.
" It may be satisfactory, also, both with respect to this and the
preceding question, to observe, that the talulity of any marriage
solemnized under such circemstancce can never la_ impugned, or
called in question, on either of these grounds. inasmuch as the
19th section precludes all inquiry as to the sufficiency of these
forms after the annual solemnisation of any marriage.
" Thirdly, Whether, as the living is within a peculiar juris•
diction, marriages can still b_ performed there by license?
" I certainly understand the 14th section of the new act, by
restricting the power of granting licenses to Archbishops
and Bishops, virtually to have excluded peculiar and exempt
jurisdiction, from issuing such instruments; but the act goes
so further: therefore. I presume, that. in your parish.
as in all other parishes situated within a peculiar juris—
diction, there can be no doubt but that a license from the Arch-
bishop of Canterbur) must dispense with the publication of bans.
In the meantime, it is extremely advisable that any persons who,
'trite the passing of the act, may have been married by a
license, irom the peculiar jurisdiction, should forthwith be re.
married, either by bans or under a license granted by competent
a authority.
6 Finally, In giving this opinion. I beg to explain that I
know nothing (as seems to be insinuated in the statement of the
case) of the intention of the framers of any one of the provisions
to which my attention has been directed. The enterptetation
have put upon them, arises solely from the best consultration I
have been able to orply to the statute, and to the general bearing
of the marriage la* of this part of the United Kingdom.
"JOSEPH PHILLINORE.
" Doctors' Commons, August, Inn.

Notices have been given by the Manchester
battlers, that from and after the 29th of Septem-
ber next, the rate of interest charged on disconnts,
and charged and allowed on current accounts will be
4 per cent. per annum, instead of 5 as heretofore.
By the recent act of Parliament to regulate the granting of
alehouse licenses, every person applying for a license, is re-
quired to enter into a recognizance, himself in 201. with a suf
ticient surety in 201. or in case he should he unable through
infirmity or other sufficient cause, to attend the Justices, he
most send two persons to be hound each in the sum of 301 and
the condition of the recognizance is, that he shell keep the
true assize in selling bread and other victuals, beer and other
lignites, and shall not fraudulently dilate or adulterate the
same, and shall not use any pots or other measures that are
not of full size ; that he shall not knowingly permit drunken-
ness or tippling, nor get drunk himself, in his house or pre-
mises, nos suffer gaining of any description, by journeymen,
labourers, servants, or apprentices ; nor suffer any tn.!, bear,
or badger-baiting, cock lighting, or other such sport or amuse-
ment : nor suffer designedly, men or women of notoriously bad
fame, or dissolute girls and boys, to assemble in his house ;
&c.; nor shall keep open his house, or permit any drinking or
tippling, during the hours of divine service on Suudays ; nor
keep open the house during late hours of the night, or e ale in
the morning, but for the reception of travellers. A breach of
these regulations will subjcct the persons bound to forfeiture of
their recognizance.
Ou Saturday, the 17th inst. some of the relations of the per-
sons who perished in the smack that was run down by the
Hercules steam Lust, on the preceding Saturday, tommanced
trawling for their bodies, anu succeeded that night in liuding
the spot where the catastrophe had happened ; but it tieing too
late to get up the vessel, they placed a buoy over her, and neat
morning proceeded to elfeet their purpose, which they accom-
plished in a shoot time, when thee found nine bodies, one man
(the master) and eight women. It were understood there were
wore on board, but in getting the smack up, the parted from
her. Four of the suffeiers were found is the forecastle, where
they had probably beets asleep when the accident happened ;
the others were clinging to different parts of the rigging,—
They were all brought to town on Sunday, sod interred last
night in the same burying ground with those who were found
at the time the vessel went down. A deputation of the young
relations arrived here from the place of their residence on
Monday, just as the dressers were in the set of ad, twang the
coverings of those who had been carried to the itstirniary. The
scene of mourning whirls here took place was truly heart-read-
leg : some lamenting in wild distraction over the remains of a
cleanly beloved parrot, while others, perhaps. with yet more
'Luny, r.;,rcttsd the disappointment of not finding their $4.18-
(14(1.6 ever in any condition. Their conduct was of such, a
touching nature., as quite to unman the feelings of those ensa,:ed
is the necessary duties of humanity to the poor martens. We
cutout leave this subject wi:roat weenie ..... g the liberality of
Seine ladies of this town, la prutilli.,.; et.umme Int the rafeals-
..ete persona.— Lifetime./ „ttissetistr