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copy of such notice to the said treasurer; and the said treasurer shall, upon receipt thereof, forthwith proceed to demand, collect, and receive, and shall, during the time that such dignity or benefice shall remain liable to the provisions of this act, continue from time to time to demand, collect, and receive the profits and emoluments as they shall respectively become due and payable, and shall diligently use and exercise all the powers and authorities hereby to him given for duly and regularly enforcing the payment thereof.

[For the 2 and 3 W. 4, c. 80, authorizing the identifying of lands and other possessions belonging to certain ecclesiastical and collegiate corporations. See post, Class V. Corporations.

Under the provisions of the 2 & 3 W. 4, c. 71, prescriptive rights may now be established against ecclesiastical persons upon an enjoyment for a much shorter period than formerly, and Spiritual Corporations sole are within the recent statute of Limitations, 3 & 4 \V. 4, c. 27. Seepost, Part 4, Class VIII. Limitations.

Also by the 2 & 3 W. 4, c. 100, claims to tithes by ecclesiastical persons are considerably limited. See post, Part 2, Class II. Tithes.

PART I.

CLASS III.

MARRIAGE.

[No. I.] 11 Geo. IV, c. 18.—An act to render valid Marriages solemnized in certain Churches and Chapels.

[29th May 1830.]

■^yHEREAS, by an act passed in the fourth year of the reign of his

present Majesty, intituled An act for amending the Laws respecting 4 G. 4 e. 76. tie 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 Serrice during the repair or rebuilding of the church as aforesaid: And whereas by an act passed in the fifth year of the reign of his present Majesty, intituled An Act to amend an Act passed in the last Session of 5 G. 4, c. 32. Parliament, intituled An Act for amending the Laws respecting the Solemnization of Marriages in England, it was enacted, that all marriages which had been theretofore solemnized, or which should be thereafter solemnized, in any place within the limits of such parish or chapelry so licensed as aforesaid for the performance of Divine Service during the repair or rebuilding of the church of any parish, or chapel of any chapelry, wherein marriages had been usually solemnized, or if no such place should be so licensed, then in a church or chapel of any adjoining parish or chapelry in which banns were usually proclaimed, whether by banns lawfully published in such church or chapel, or by license lawfully granted, should not have their validity questioned on account of their having been so solemnized, nor should the ministers who had so solemnized the same be liable to any ecclesiastical censure or to any other proceeding whatsoever: And whereas the ministers of certain parish churches and chapels of chapelries have, during the repair or re-building of such churches or chapels, published the banns of marriages in some places within the limits of their parishes or chapelries respectively wherein Divine Service has been usually performed during the time of such repair or re-building, but have solemnized the marriages themselves in the churches or chapels of the same or of some adjoining parishes or chapelries: And whereas other clergymen, during the time of such repair or re-building, have published banns of marriage and solemnized marriages in places duly licensed for the performance of Divine Worship, according to the forms of the united church of England and Ireland, within their respective parishes or chapelries, but not licensed specially for such performance during such time as aforesaid: And whereas it is expedient that the marriages so solemnized should not on that account have their validity questioned; be it therefore enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all marriages, the banns T, .... whereof have been published in any place used for the performance of ya.i>aity of Divine Service within the limits of any parish or chapelry during the TMemmzed repairs or rebuilding of the church or chapel thereof, which marriages un(jer tne cjr_ have been solemnized either in the said place so used or in the church cumstancea or chapel of the same or of some adjoining parish or chapelry during herein mentioned, not to be questioned.

No. I. such repair or re-building, shall not have their validity questioned on 11 G. 4, c. 18. account of having been so solemnized.

1 v ' II. That in every case in which the church of any parish or place, in

During the which banns of marriage may be published and marriages solemnized, time that any shall be pulled down, or be rebuilding or under repair, it shall be lawful church, &c. for tj,e bishop of the diocese to order and direct that banns of marriage 'tUh/h rePalr may be published and marriages solemnized in any consecrated chapel direcrbannT*^ °^ suc'1 Par'8^ or place which he shall by order in writing direct, until to be published tne ehurch shall again be opened for the performance of Divine Service; in any conse- an^ during all such period the said consecrated chapel shall, for all crated chapel purposes relating to the publication of banns of marriage and to the of the parish, solemnization of marriages, be deemed and taken to be the church of

the parish, any thing in any act or acts to the contrary notwithstanding;

and the fees in respect thereof shall be applied, during such period, as

the bishop of the diocese shall, with the consent of the incumbent, order

and direct.

For removing HI- And whereas doubts have arisen touching the validity of mardoubts as to riages solemnized in churches which have been made and constituted marriages the churches of distinct parishes, or district parishes, under the prosolemnized in visions of an act passed in the fifty-eighth year of his late Majesty, churches made intituled An Act for building and promoting the building of additional and constituted ckurches in populous parishes; and also of an act passed in the fifty-ninth "Sr-i 18 4S year °^ k'8 'ate Majesty, intituled An Act to amend and render more anrl°" effectm^ an Act passed in the last Session of Parliament, for building and 59 G 3 c 134 Promot*n9 the building of additional Churches in populous Parishes: And ''whereas it is expedient that such doubts should be removed; therefore be it enacted, That all marriages which have already been solemnized, or may hereafter be solemnized, in any church which shall have been made and constituted the church of a distinct parish, or of a district parish, as aforesaid, after consecration thereof and assignment of a district thereto, shall be as good and valid in law as if such marriages had been solemnized in any parish church wherein banns had been usually 26 G 2 c 33 published before or at the time of passing an act made in the twentysixth year of king George the 6econd, intituled AnAct for the better prevention of clandestine Marriages. The validity of ]y And whereas, by error, banns have been published, and divers marriages marriages have been solemnized, in chapels duly consecrated, but in certain'dia^s w'1'c^1 chapels banns cannot be legally published, nor marriages by law not to be ^e s°lemn'zell; an(l it is expedient to remove all doubts arising from questioned; tne circumstances aforesaid touching the due publication of such banns 'and the validity of such marriages j therefore be it enacted, That all banns already published, and all marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in a chapel not legally authorized for the publication of banns and the solemnization of marriages: Provided always, that nothing herein contained shall extend or to be construed to extend to authorize the publication of banns or the solemnization of marriages in such chapels hereafter. V. And whereas divers marriages have taken place in chapels supnor marriages p0sej t0 },e consecrated, the consecration of which chapels, however, solemnized in cannot be proved, and may be doubted: And whereas it is expedient consecration *^at ^ aPPrebensions touching the validity of such marriages, on this of "which may account, should entirely be removed; be it therefore enacted, That the be doubted. validity of such marriages shall not hereafter he questioned on account of the uncertainty respecting the consecration of such chapels.

[No. II.] 3 & 4 W. IV. c. 45.—An Act to declare valid No. II.

Marriages solemnized at Hamburgh since the abolition of 3 & 4 W. 4,

the British Factory there. [14th August 1833.] . c * ,

^yTHEREAS the British factory at Hamburgh was dissolved, and the privileges thereof abolished, in the year one thousand eight hundred ind eight: and whereas divers marriages of subjects of this realm resident in Hamburgh have since the abolition of the said factory and privileges been solemnized there by the chaplain appointed by the Lord Bishop of London, or some minister of the church of England officiating instead of such chaplain, in the British episcopal chapel, and in private houses in that city, before witnesses, according to the rites of the church of England'• and whereas it is expedient that no doubts should hereafter arise as to the validity of such marriages: may it therefore be declared and enacted; and be it declared and enacted, &c. That all marriages of Marriages lepartics subjects, or parties one of them being a subject of this realm, gaily soiemwhich have been solemnized at Hamburgh since the abolition of the niied at British factory there, by the chaplain appointed by the Lord Bishop of Hamburgh London, or by any ministers of the church of England officiating instead j|"ce u'e *boof such chaplain, in the episcopal chapel of the said city, or in any other J,tl0n 0 pbee, before witnesses, according to the rites of the church of England, j "l^Ted l?d »hall be good and valid in law to all intents and purposes as if the same ec ar va 1 • had been solemnized in the British factory at Hamburgh before the abolition thereof.

[No. 111.] 4 & 5 W. IV. c. 28.—An Act to amend the Laws relative to Marriages celebrated by Roman Catholic Priests and Ministers not of the Established Church in Scotland.

[25th July 1834.]

^HEREAS an act was passed in the parliament of Scotland in the 4 & S W 4,

first session of the first parliament of King Charles the Second, in- c. 28. utuled Act against clandestine and unlawful Marriages; and another act l Pari. Oar.'' was passed in the seventh session of the said first parliament of King Seas. 1, c. 34, William, intituled Act against clandestine and irregular Marriages: and An. 1661. whereas by the said recited acts, or one or other of them, Roman Catholic 1 Pari. Will, priests, and other ministers not of the established church of Scotland, Sess. 7, c. 6, celebrating marriages, and persons married by such clergymen in Scot- An. WW. land, are rendered liable to certain punishments, pains, and penalties: and whereas it is expedient that the said acts should be altered and amended: be it therefore enacted, &c. That from and after the passing So nwjcli ul of this act, so much of the said recited acts as prohibits the celebration of reciL?jJ-acht !,s marriages in Scotland by Roman Catholic priests or other ministers not Prohlhlts lnai" belonging to the established church of Scotland, or imposes any fine, Ko'rnan'^Catho. Jain, or penalty on persons so married, or on the priests or ministers [;c p^ts m celebrating Buch marriages or marrying such persons, shall be and it is Scotland rehereby repealed. pealed.

II. That it shall be lawful to all persons in Scotland, after due pro- person9 ,„ damation of banns there, to be married by priests or ministers not of Scotland may the established church, and also for such priests or ministers to celebrate be married by marriages without being subject to any punishment, pains, or penalty priests not of whatever; any thing in the said recited acts, or in any other act or acts established

of parliament, to the contrary notwithstanding. church.

III. That the said recited acts shall, excepting in so far as the same Recited acts have already been or are hereby repealed or altered, remain in full force, to remain in authority, and effect. force.

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No. IV. [No. IV.l 3 & 4 W. IV. c. 102.—An Act to repeal certain 3 & 4 W. 4, penai Enactments made in the Parliament of Ireland against t c' '°'2- , Roman Catholic Clergymen for celebrating Marriages cony trary to the Provisions of certain Acts made in the Parliament

of Ireland. [29th August 1833.]

"yyHEREAS Roman Catholic clergymen were by certain acts of the parliament of Ireland rendered liable to punishment, pains, and penalties for celebrating marriages contrary to the provisions thereof, to which punishment, pains, and penalties no other clergymen or ministers arc liable: and whereas it is expedient to amend the law in this respect: So much of the \)e ;t therefore enacted, &c. That so much of the followin gacts made in the acts herein parliament of Ireland, (that is to say,) of an act passed in the sixth {taiiiw I ) year °^ tne re'f?n °f Queen Anne, intituled An Act for the more effectual preventing the taking away and marrying Children against the will of their Parents or Guardians; also of an act passed in the twelfth year of the reign 12 G. 1,(1.) of King George the First, intituled An Act to prevent Marriages by degraded Clergymen and Popish Priests; and for preventing Marriages consummated from being avoided by Pre-contracts, and for the more effectual preventing of Bigamy; also of an act passed in the twenty-third year of 23 G. 2, (1.) the reign of King George the Second, intituled An Act for explaining and making more effectual an Act, intituled 'An Act for the more effectual preventing of clandestine Marriages;' and another act passed in the twelfth 12 G. 3, (1.) year of his late Majesty's reign, intituled An Act for preventing Marriages by degraded Clergymen and Popish Priests, and for preventing Marriages consummated from being avoided by Pre-contracts, and for the more effectual punishing of Bigamy; also of an act passed in the thirty33 G. 3, (1.) third year of the reign of King George the Third, intituled An Act for as makes it the Relief of his Majesty's Popish or Roman Catholic Sul)jects of Ireland, felony for Ro- a8 contains any penal enactment which exclusively affects a Roman cle" m n°to° Catholic clergyman celebrating marriage between any persons, knowing celebrate mar- tnem or e'tner of them at the time of such marriage to be of the Proriages between testant religion, or as declares or enacts that any Roman Catholic Protestants, clergyman who shall celebrate any marriage between two Protestants or &c. repealed, reputed Protestants, or between a Protestant or reputed Protestant and a Roman Catholic, shall be guilty of felony, and suffer death as a felon, without benefit of clergy or of the statute, or as enacts and declares that any Roman Catholic clergyman who shall celebrate any marriage between two Protestants, or between any such Protestant and Papist, unless such Protestant and Papist shall have been first married by a clergyman of the Protestant religion, shall forfeit the sum of five hundred pounds to his Majesty upon conviction thereof, shall from and after the passing of this act be repealed, and that so much and such parts only of the said recited acts are hereby repealed. Nothing herein II. Provided always, that nothing herein contained shall extend to to extend to any proceeding, criminal or civil, commenced before the passing of this any former pro- act. and that nothing herein contained shall be construed to repeal so c ings,nor much of any of the said recited acts as expressly or by implication repeals of the^ecited an^ wrmer act or act8> nor t0 revive or recognize any enactment as being acts that repeal m rce at tnc t'me °^ Passin? of this act which by any act heretoformer actsf wre made was expressly or by implication repealed or altered. . . '. III. That nothing in this act shall extend or be construed to extend to vaHdity to any6 tne Kivin£ valwity to any marriage ceremony in Ireland, which cereceremony not mony >s not now valid under the existing laws, or to the repeal of any now valid, &c. enactments now in force for preventing the performance of the marriage 'ceremony by degraded clergymen.

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