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This Affidavit, Affirmation, or Declaration must be written upon a 2s. 6d. Stamp.
The Superintendent-Registrar (if there do not appear to him to be any lawful impediment to the Marriage) will then grant the Licence; and the party must pay him for the Licence Three Pounds, and for the Stamp thereon Ten Shillings, and for the Affidavit Stamp, Two Shillings and Sixpence: total, £3. 128. 6d.
(2.) When the parties reside in different Districts. After the expiration of the seven days from the Notices being entered, the Superintendent-Registrar, within whose District the Marriage is not to be solemnized, will, upon the request of the party who entered the Notice with him, or of some person on his or her behalf, and provided there does not appear to him to be any lawful impediment to the Marriage, issue his Certificate, stating,
1. The particulars set forth in the Notice.
2. That the full period of seven days had elapsed since the entry of the Notice.
3. That the issue of his Certificate had not been forbidden by any
person or persons in that behalf. (Sec. 7.) For this Certificate the person applying for it must pay One Shilling.
The Certificate of the Superintendent-Registrar in whose District the Marriage is not to be solemnized must then be taken to the Superintendent-Registrar in whose District the Marriage is to be solemnized, who thereby, seeing that Notice was duly entered as therein stated, will, under the same regulations, grant the Licence as before mentioned.
If any Superintendent-Registrar declines to grant his Certificate of the entry of Notice, or to grant the Licence, on the ground that a lawful obstacle exists, the parties may appeal to the Registrar-General in London, against the decision.
Marriages by Licence may be solemnized fourteen days sooner than by Certificate. The difference in the expense is about £3. 16s. 6d.
2. Marriages by Certificate. When the Marriage is intended to be had by Certificate and not by Licence, the following steps must be taken :
(1.) Notice must be given to the Superintendent Registrar, ag before directed in page 125. .
(2.) If the parties dwell in different Districts, Notice must be given to the Superintendent-Registrars of both Districts, as before directed in pages 125, 126.
(3.) A3 to the Time. Twenty-one days after the entry of the Notice or Notices, the Superintendent-Registrar to whom notice was given, on being requested by or on behalf of the person who gave the Notice, (and provided no lawful impediment appear to his satisfaction, and the certificate be not forbidden,) will issue his Certificate, stating, amongst other particulars, the time when notice was given, that twenty-one days had elapsed since the entry of the Notice, that the issuing of the Certificate had not been forbidden, and the name of the Chapel where the Marriage is to be solemnized. For this Certificate the party obtaining it must pay the Superintendent-Registrar one shilling. (Sec. 7, and see sec. 14,)
The twenty-one days must be reckoned clear days between the day on which the Notice was entered, and the day on which the Certificate is issued ; that is, if Notice be entered on the 1st of July, the Certificate cannot be obtained till the 23d of July; or, reckoning by weeks, if the Notice be entered on a Monday, the Certificate cannot be had till the next day (Tuesday) three weeks, and so of other days. (Sec. 14.)
Parties need not apply for a Certificate immediately on the expiration of twenty-one days after the Notice, but the Marriage must be had some time within three Calendar Months after the Notice, or both Notices and Certificate will be void, and must be given and obtained, and the fees paid, anew. (Sec. 15.)
(4.) As to Place. The Marriage Certificate must be issued by a Superintendent-Registrar to whom Notice was given.
If the parties resided in different Districts before the Notice was given, a Certificate must be obtained from both Superintendent-Registrars to whom Notice was given, and both Certificates must state the name of the Chapel in which the Marriage is to be solemnized. (Sec. 16,)
A fee of one shilling must be paid on each Certificate. (Sec. 7.)
In the case of Marriage by Certificate, residence in any particular District is not required, excepting for seven days at least before Notice given, as mentioned in page 125 ; nor are the parties required to make any affidavit, or solemn affirmation, or declaration, as in the case of Marriage by Licence.
If there be not any Wesleyan Chapel Registered for Marriages in the District within which one of the Parties dwells, they may be Married in the nearest District within which there is such a Registered Chapel. See pages 126, 127.
MEANS FOR PREVENTING IMPROPER MARRIAGES.
In addition to the Declaration in the Marriage-Notice,-the Oath, Solemn Affirmation, or Declaration where the Marriage is by Licence, and the Solemn Declaration of the Parties themselves at the Marriage,--two other means are provided for preventing improper Marriages.
1. By forbidding the Certificate. Between the time of entering the Marriage-Notice in the Superintendent-Registrar's Book, and the issuing of his Certificate, any person authorized in that behalf, (that is, every person whose consent is by law required to a Marriage by Licence, see sec. 10,) may forbid the Certificate by writing the word “forbidden" opposite the Entry of the Notice in the Marriage-Notice Book, subscribing thereto his or her name and place of abode, and the character in respect of either of the parties by reason of which he or she is so authorized to forbid; (sec. 9 ;) and thereupon the MarriageNotice, and all proceedings thereon, shall be utterly void. Every person whose consent to a Marriage is required by law, may forbid the Certificate, whether the Marriage is intended to be by Licence or without Licence. (Sec. 10.)
No Fee is payable for forbidding the Certificate. (Sec. 9.) On the other hand, every person
66 forbids” by a
representation that his or her consent to the Marriage is required by law, is liable to the penalties of perjury. (Sec. 38.)
2. By entering a Caveat. Any person, on payment of five shillings, may enter a Caveat with the Superintendent-Registrar against the grant of a Certificate or Licence for the Marriage of any person therein named ; and if such Caveat be duly signed by or on behalf of the person who enters the same, together with his or her place of residence, and the ground of objection on
which the Caveat is founded; the Superintendent-Registrar shall not issue or grant any Certificate or Licence until he has examined into the matter, and is satisfied that it ought not to obstruct the grant of them, or until the Caveat be withdrawn.
If the Superintendent Registrar doubt about the matter, he may refer it to the Registrar-General in London ; or if the Superintendent-Registrar refuse the Certificate or Licence, the party applying for the same may appeal to the RegistrarGeneral, who, in either case, will decide upon it.
It will be observed, that the right to “forbid” is confined to persons “authorized,” (sec. 9) while the right to enter a “Caveat” may be exercised by “any person on payment of five shillings;” (sec. 13;) but any person entering a Caveat afterwards declared by the Registrar-General to be frivolous, is liable to the Costs of the proceedings, and to an action for damages by the party against whose Marriage such frivolous Caveat was entered. (Sec. 37.)
Knowingly and wilfully making any false Declaration, or signing any false Notice or Certificate required by the Act, for the purpose of procuring any Marriage, renders the Offender liable to suffer the Penalties of Perjury. (Sec. 38.)
It may also be proper, as a further caution, to state, that if any party to a Marriage succeeds in obtaining a valid Marriage by any wilfully-false notice, certificate, or declaration, the guilty party is liable to forfeit all property accruing from the Marriage. (Sec. 43, and see stat. 4 Geo. IV. c. 76.)
THE SOLEMNIZATION OF THE MARRIAGE.
All the preliminary matters having been arranged, it remains to consider the actual solemnization of the Marriage.
1. The Place. The Marriage must be solemnized, not only in a duly Registered Chapel, but also in the particular Registered Chapel named in the Superintendent-Registrar's Marriage Certificate or Licence, and in no other place. (Sec. 20.)
2. The T'ime. The Marriage must be solemnized within three Calendar Months from the day on which Notice was entered by the Superintendent Registrar; (sec. 15 ;) and between the hours of eight and twelve in the forenoon. (Sec. 20.)
3. The Form and Manner of the Marriage. The Marriage must be with open doors, between eight and twelve o'clock in the forenoon.
Some REGISTRAR of the District in which the Chapel wherein the Marriage is to be solemnized is situate, and two or more credible witnesses, besides the Minister who performs the ceremony, must be present.
Sufficient previous notice of the time and place of the intended Marriage should be given to the Minister who is to officiate at the Marriage, and to the Registrar, to enable them punctually to attend. Attention to this point is obviously necessary, to prevent delay to the parties, and inconvenience to the Minister and the Registrar.
The Registrar will take with him his Marriage-Register Book, and also pen and ink ready for writing therein.
The Parties, Witnesses, Minister, and Registrar, having met at the appointed place, the Registrar will require that the Marriage Licence, or, if the Marriage be not by Licence, then the Marriage Certificate, be delivered to him ; which being done, he will examine it to see that it contains,
1. The Signature of the Superintendent-Registrar.
3. The Name of the Chapel in which the Marriage is to be solemnized.
If the Marriage is to be by Certificate and not by Licence, and the Parties dwell in different Districts, two Certificates, one from the Superintendent-Registrar of each District, must be delivered to the Registrar. (Sec. 16.)
The Registrar must then allow the Marriage to be solemnized ; and the Minister present will commence the Ceremony according to the Formulary set forth by order of the Wesleyan Conference, with which the Registrar may not in any manner interfere further than to take care,
1. That during the Ceremony the Chapel-doors be not so closed as to prevent the admission of any one wishing to enter. 2. That the time be between eight and twelve in the forenoon.
3. That, in some part of the Ceremony, each of the Parties shall, in his presence and in the presence of two or more credible witnesses, say,