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

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. IM-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 the 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is hereby repealed.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,