No. 2. property accruing from the marriage. ry or Ex Order of Court thereon. PART I. said first day of November next, be procured by a party CLASS thereto to be solemnized by banns between persons, one or VIII. both of whom shall be under the age of twenty-one years, Stat. 4 not being a widower or widow, such party knowing that G. 4. c. 76. such person as aforesaid under the age of twenty-one years forfeit all had a parent or guardian then living, and that such marriage was had without the consent of such parent or guardian, and knowing that banns had not been duly published according to the provisions of this Act, and having knowingly caused or procured the undue publication of banns, then and in every such case it shall be lawful for his Majesty's Attorney General (or for his Majesty's Solicitor General in case of the vacancy of the office of Attorney Snit by in- General) by information in the nature of an English bill in the formation Court of Chancery or Court of Exchequer, at the relation of in Chance- a Parent or Guardian of the Minor, whose consent has not chequer. been given to such marriage, and who shall be responsible for any costs incurred in such suit, such Parent or Guardian previously making oath as is hereinafter required, to sue for a forfeiture of all estate, right, title and interest in any property which hath accrued, or shall accrue to the party so offending by force of such marriage; and such Court shall have power in such suit to declare such forfeiture, and thereupon to order and direct that all such estate, right, title and interest in any property as shall then have accrued, or shall thereafter accrue to such offending party, by force of such marriage, shall be secured under the direc tion of such Court for the benefit of the innocent party, or of the issue of the marriage, or of any of them, in such manner as the said Court shall think fit, for the purpose of preventing the offending party from deriving any interest in real or personal estate, or pecuniary benefits from such marriage; and if both the parties so contracting marriage shall, in the judgment of the Court, be guilty of any such offence as aforesaid, it shall be lawful for the said Court to settle and secure such property, or any part thereof, immediately for the benefit of the issue of the marriage, subject to such provisions for the offending parties, by way of maintenance or otherwise, as the said Court, under the particular circumstances of the case, shall think reasonable, regard being had to the benefit of the issue of the marriage during the lives of their parents, and of the issue of the parties respectively by any future marriage, or of the parties themselves, in case either of them shall survive the other; formation Provided also, that no such information as aforesaid shall be filed, the filed, unless it shall be made out to the satisfaction of the Before in CLASS VIII. Attorney or Solicitor General before he files the same, by PART I. oath or oaths sworn before one of the Masters in Ordinary in Chancery, or before one of the Barons of the Ex- No. 2. chequer, and which they are hereby respectively empowered Stat. 4 to administer, that the valid marriage to be complained G. 4. c. 76. of in such information hath been solemnized in such man-case to be ner and under such circumstances, as in the judgment of made out to the said Attorney or Solicitor General are sufficient to General or authorize the filing the information under the provisions Solicitor of this Act, and that such marriage has been solemnized General on without the consent of the party or parties at whose relation such information is proposed to be filed, or of any other Parent or Guardian of the Minor married, to the knowledge or belief of the relator or relators so making oath; and that such relator or relators had not known or discovered that such marriage had been solemnized more than three months previous to his or their application to the Attorney or Solicitor General. oath. tlements, &c. pre marriages XXIV. And be it further enacted by the authority Agreeaforesaid, That all agreements, settlements and deeds, en- ments, settered into or executed by the parties to any marriage, in consequence of or in relation to which marriage such inform-vious to ation as aforesaid shall be filed, or by either of the said such parties, before and in contemplation of such marriage, or void, after such marriage, for the benefit of the parties or either of them, or their issue, so far as the same shall be contrary to or inconsistent with the provisions of such security and settlement as shall be made by or under the direction of such Court as aforesaid, under the authority of this Act, shall be absolutely void, and have no force or effect. filed within one year. XXV. Provided always, and be it further enacted, That Informaany original information to be filed for the purpose of ob- tion to be taining a declaration of any such forfeiture as aforesaid, shall be filed within one year after the solemnization of the marriage by which such forfeiture shall have been incurred, and shall be prosecuted with due diligence; and in case Proceedany person or necessary party to any such information shall ings where parties ababscond, or be or continue out of England, it shall be scond or lawful for the Court in which such information shall be are abroad. filed to order such person to appear to such information, and answer the same, within such time as to such Court shall seem fit; and to cause such order to be served on such person at any place out of England, or to cause such order to be inserted in the London Gazette, and such other British or foreign newspapers as to such Court shall seem proper; and in default of such person appearing and No. 2. PART 1. answering such information within the time to be limited CLASS as aforesaid, to order such information to be taken as VIII. confessed by such person, and to proceed to make such deStat. 4 cree or order upon such information as such Court might G. 4. c. 76. have made if such person had appeared to and answered such information: Provided always, that in case the person death of re- at whose relation any such suit shall have been instituted shall die pending such suit, it shall be lawful for the Court of Chancery, if such Court shall see fit, to appoint a proper person or proper persons at whose relation such suit may be continued. Proviso for lator. Proof of XXVI. Provided always, and be it further enacted, actual resi- That after the solemnization of any marriage under a publication of banns, it shall not be necessary in support of dence of necessary of mar banns or parties not such marriage to give any proof of the actual dwelling of to validity the parties in the respective parishes or chapelries wherein the banns of matrimony were published; or where the marriage, whether after riage is by licence, it shall not be necessary to give any proof that the usual place of abode of one of the parties, by licence. for the space of fifteen days as aforesaid, was in the parish or chapelry where the marriage was solemnized; nor shall any evidence in either of the said cases be received to prove the contrary in any suit touching the validity of such marriage. Marriage not com reason of XXVII. And be it further enacted, That in no case whatsoever shall any suit or proceedings be had in any Ecpelled by clesiastical Court, in order to compel a celebration of any contract. marriage in facie Ecclesiæ, by reason of any contract of matrimony whatsoever, whether per Verba de præsenti, or per Verba de futuro, any law or usage to the contrary notwithstanding. two wit nesses, and to be re XXVIII. And, in order to preserve the evidence of marriages, and to make the proof thereof more certain and easy, and for the direction of ministers in the celebration of Marriages marriages and registering thereof, Be it enacted, That from to be in the and after the said first day of November all marriages shall presence of be solemnized in the presence of two or more credible witnesses, besides the Minister who shall celebrate the same; and that immediately after the celebration of every marriage an entry thereof shall be made in the register book provided and kept for that purpose as by law is now directed or as shall be hereafter directed; in which entry or register it shall be expressed that the said marriage was celebrated by banns or licence, and if both or either of the parties married by licence be under age, not being a widower or widow, with consent of the Parents or Guardians, as the case gistered: CLASS shall be; and such entry shall be signed by the Minister PART I. with his proper addition, and also by the parties married, and attested by such two witnesses; which entry shall be made in the form or to the effect following; that is to say, } S parents ried in this chapel by licence} sent of guardians} this in the year were mar- J church { banns with con day of Rector. VIII. No. 2. Stat. 4 G. 4. c. 76. and signed, &c. Form. any such XXIX. And be it further enacted by the authority Making aforesaid, That if any person shall, from and after the said a false first day of November, with intent to elude the force of this entry, Act, knowingly and wilfully insert or cause to be inserted in the register book of such parish or chapelry as aforesaid any false entry of any matter or thing relating to any marriage; or falsely make, alter, forge or counterfeit, or cause or of forgor procure to be falsely made, altered, forged or counter-ing, &c. feited, or act or assist in falsely making, altering, forging or entry; counterfeiting any such entry in such register; or falsely or licence; make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged or counterfeited, or assist in falsely making, altering, forging or counterfeiting any such licence of marriage as aforesaid; or utter or publish as true any such false, altered, forged or counterfeited register as aforesaid, or a copy thereof, or any such false, altered, forged or counterfeited licence of marriage, knowing such register or licence of marriage respectively to be false, altered, forged or counterfeited; or if any person shall, from or of deand after the said first day of November, wilfully destroy, such restroying or cause or procure to be destroyed any register book of gister; marriages, or any part of such register book, with intent to avoid any marriage, or to subject any person to any of the penalties of this Act; every person so offending, and Transportbeing thereof lawfully convicted, shall be deemed and ad- ation. judged guilty of felony, and shall suffer the punishment of transportation for life, according to the laws in force for the transportation of felons. XXX. Provided always, and be it enacted, That this Proviso for y 4 the Royal Family. PART I. Act, or any thing therein contained, shall not extend to the CLASS marriages of any of the Royal Family. VIII. No. 2. And for XXXI. Provided likewise, and be it further enacted, That nothing in this Act contained shall extend to any marG. 4. c. 76. riages amongst the people called Quakers, or amongst the persons professing the Jewish religion, where both the parties marriages to any such marriage shall be of the people called Quakers, of Quakers or persons professing the Jewish religion respectively. and Jews. XXXII. And be it further enacted, That two printed Two print- copies of this Act shall, as soon as conveniently may be after of Act sent the passing of this Act, be provided by his Majesty's to Minis- printer, and transmitted to the officiating Ministers of the several parishes and chapelries in England respectively; one of which copies shall be deposited and kept with the book containing the marriage register of such parish or chapelry, in the chest or box provided for the custody of the same. ed copies ters. Act only to XXXIII. And be it further enacted, That this Act shall extend to extend only to that part of the United Kingdom called England. England. No. 3. 76. s. 18. Anno 5 GEO. IV. Cap. 32. An Act to amend an Act passed in the last Session of Parliament, intituled An Act for amending the laws respecting the Solemnization of Marriages in England. [17th May 1824.] WHEREAS by an Act passed in the fourth year of the 4 G. 4. c. reign of his present Majesty, intituled An Act for amending the Laws respecting the Solemnization of Marriages in England, it is provided, that if the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, be demolished in order to be rebuilt, or be under repair, and on such account be disused for public service, it shall be lawful for the banns to be proclaimed in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, or in any place within the limits of the parish or chapelry which shall be licensed by the Bishop of the diocese for the performance of Divine Service during the repair or rebuilding of the church as aforesaid; but it is not provided that marriages may be solemnized in such place so licensed: And whereas it is further provided, that where no such place shall be so licensed, then during such period as aforesaid the marriage may be solemnized in the adjoining |