chapel where the banns are published, at the time of such publication, a dissent to such marriage, the publication of banns shall be void z.

Whenever a marriage shall not be had within three months after complete publication of banns, the Clergyman must not proceed to solemnization until they have been republished a.

No licence of marriage shall be granted to solemnize any Licences. marriage in any other church or chapel than in the parish church, or public chapel of the parish, or chapelry, within which the usual place of abode of one of the parties shall have been for fifteen days immediately before granting the licence b. If a caveat be entered against the grant of a licence, according to the Act, no licence shall issue, until the Judge, out of whose office it is to issue, has examined into the matter, and is satisfied, or until the caveat be withdrawn,

All parishes where there is no church, &c. or none where service is performed on Sunday, and extra-parochial places having no public chapel wherein banns may be solemnized, shall be deemed to belong to the adjoining parish, &c.d; and where banns shall be so published in an adjoining parish, the Clergyman publishing the same shall certify the publication, as if either of the parties had dwelt in the adjoining parish, &ce.; and if the church or chapel be demolished or under repair, and on such account be disused, the banns may be published in an adjoining parish, or in any place within the limits of the parish, and which shall be licensed by the Bishop for the performance of service f; and where no such place shall be so licensed, the marriage may be solemnized in the adjoining parish where the banns were published 8.

Before a licence be granted, one of the parties shall swear before the Surrogate, that he or she believes that there is no impediment of kindred or alliance or lawful cause or suit to hinder the marriage proceeding, and that one of the parties has for fifteen days immediately preceding the licence had

* s. 8. p. 319. e s. 13. ib.

a s. 9. ib.

bs. 10. ib.

c s. 11. p. 320.

d s. 12. ib. f see stat. 5 Geo. 4. c. 32. p. 329. s. 13. p. 320.

Consents.

his or her usual place of abode within the parish, &c. within which the marriage is to be solemnized; and where either of the parties, not being a widower or widow, shall be under twenty-one, that the consent of the persons whose consent is requisite has been obtained; but if there be no such persons to give such consent, upon oath made to that effect, it shall be lawful to grant the licence h. No security by bond or otherwise shall be required before the licence is granted i. The father, if living, of any party under twenty-one, such party not being a widower or widow, or, if the father be dead, the guardians lawfully appointed, or one of them; and in case there be no guardians the mother, if unmarried; and, if there be no mother unmarried, the guardians appointed by the Court of Chancery, if any, or one of them, shall have authority to give consent to the marriage of the partyk. If the father or fathers of the parties, or one of them, be non compos, or the guardians or mother or any of them shall be non compos, or beyond the seas, or unreasonably, or from undue motives, refuse consent, the person desirous of marrying may apply by petition to the Court of Chancery; and if the marriage appears to be proper, the Court may declare it to be so; and the declaration shall be as efficient as a consent. Every Surrogate hereafter is to take the oath of office, and give bond for the faithful execution of it ".

Where a marriage shall not be had within three months after the grant of the licence, no Minister shall solemnize the marriage until a new licence has been obtained, unless by banns ".

The right of the Archbishop of Canterbury to grant special licences is saved o.

Persons solemnizing matrimony in any other place than a church or public chapel, wherein banns may be published, or at any other time than between the hours of eight and twelve in the forenoon, unless by special licence, or without due publication of banns, unless by licence; or any person pretending to be in orders, solemnizing matrimony accord

h s. 14. p. 321.
p. 322.
n s. 19. ib.

i s. 15. p. 321.
• s. 20. ib.

k s. 16. ib. 1 s. 17. ib. m s. 18.

ing to the rites of the Church of England, and wilfully so offending, shall be guilty of felony, and transported for fourteen years 9; and if persons knowingly intermarry in any other place than a church or public chapel, wherein, &c. unless by special licence; or shall knowingly intermarry without due publication of banns or licence, or shall knowingly consent to be married by a person not in orders, the marriage shall be void; and if any valid marriage solemnized by licence shall be procured by a party thereto between persons, one or both of whom shall be under twenty-one, not being a widower or widow, by means of wilful false swearing; or if any valid marriage by banns be procured by a party thereto between persons, one or both of whom shall be under twenty-one, not being a widower or widow, such party, knowing that the person so under twenty-one had a parent or guardian living, and that such marriage was had without consent, and knowing that the banns were not duly published, or having knowingly caused their undue publication, a proceeding is directed, by which the party offending is liable to forfeit all property which has accrued or shall accrue by force of such marriage: the same to be secured for the benefit of the innocent party or the issue of the marriage: or, if both parties are guilty, for the benefit of the issue alone, and all agreements, settlements, &c. entered into by the parties to any marriage in consequence of which such proceedings shall be taken, shall be void t.

After the solemnization of a marriage by banns, it shall not be necessary, in support of such marriage, to prove the dwelling of the parties, as directed by the Act: or where it is by licence, to prove the place of abode of one of the parties for fifteen days in the parish where it was had, nor shall evidence be received to prove the contrary".

No marriage shall be compelled by reason of any contract *. All marriages shall be solemnized in the presence of two or more witnesses, besides the Minister; and immediately after the marriage an entry shall be made in the registerbook in the manner and form mentioned in the Acty.

4 s. 21. p. 323.

p. 325.

* s. 22. p. ib.

" s. 26. p. 326. see s. 2. 10.

* s. 23, 25. p. 323, 325. t s. 24. * s. 27. ib. y s. 28. p. 326.

No. 3.

No. 4.

If any person shall wilfully make or cause to be made a false entry in the register book relating to a marriage, or alter or forge, or assist in altering, &c. any entry in such register, or alter or forge or procure to be, &c. or assist in altering, &c. any licence of marriage, or utter any false or altered register or a copy thereof, or any such false licence, knowing such, &c. to be false, or if any person shall wilfully destroy or cause, &c. any register book of marriages, or any part thereof, with intent to avoid a marriage, or subject any person to the penalties of the Act, he shall be guilty of felony, and be transported for life.

The Act does not extend to the marriages of the Royal Family a, nor of Quakers, nor of Jews, where both the parties are of those persuasions b.

Stat. 5 GEO. IV. Cap. 32.

All marriages solemnized in any place within the limits of a parish or chapelry, licensed for the performance of service, during the repair or rebuilding of the church or chapel wherein marriages have been usually solemnized, or if no such place has been licensed, then in a church or chapel of an adjoining parish or chapelry, in which banns are usually proclaimed, whether by banns or by licence, shall not have their validity called in question, nor the Ministers be liable to ecclesiastical censure c.

All licences granted for marriages are extended as to their effect to the places omitted in the former Actd.

All banns published and marriages solemnized in any place licensed as aforesaid, shall be considered as proclaimed and solemnized in the church or chapel of such parish or chapelry, and registered accordingly e.

Stat. 6 GEO. IV. Cap. 92.

All marriages solemnized in any church or public chapel erected since stat. 26 Geo. 2. c. 33. and consecrated, in which it has been usual to solemnize marriages, shall be as valid as if they had been had in churches or chapels having chapelries annexed, and wherein banns had usually been published before passing the said Actf; and marriages in bs. 31. ib. cs. 1. p. 329.

* s. 29. p. 327.

p. 330.

a s. 30. p. 328.
fs. 1. p. 331.

e s. 3, ib.

future solemnized in such churches or chapels shall be in like manner valid 5; and the registers of such marriages shall be in like manner evidence h. The registers of marriages solemnized in chapels where banns had not been usually published before stat. 26 Geo. 2. are to be removed to the parish church, or, if the chapel be extra-parochial, to the next adjoining parish church, to be kept with the parish registers i.

PART I. CLASS IX.

Stat. 28 HEN. VIII. Cap. 11.

Statutes relating to tithes.

THE tithes and other emoluments of spiritual promotions, accruing during the vacancy of a benefice, shall belong to the person next presented towards the payment of his first-fruits, and the Ordinary who takes them during a vacancy, and refuses to restore them, is subjected to a penaltyk, unless they are returned for the purpose of paying the salary of the Curate who serves during the vacancy1.

Where an Incumbent has sown his glebe lands with grain, and dies before harvest, he may bequeath the produce by will m; but the succeeding Incumbent is to have the parsonage house and glebe not sown, upon a month's warning after induction"; and if the emoluments accruing are not sufficient to pay the Curate his salary for services during the vacancy, the next Incumbent must pay it within fourteen days after induction o.

All persons must truly and justly set out their predial tithes; and no person shall, under a penalty, carry them away before he has set them forth or compounded for them P. The party to whom tithes are due, or his deputy, is at liberty to see the tithe severed from the nine parts, and to carry away the tenth; and if any person carries away or withdraws the tithes before they are set forth, or hinders

No. 2.