Page:Ruffhead - The Statutes at Large - vol 7.djvu/547

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A. D. 1753. ' Anno vicefimo fexto Georgii II. C. 33. 527 X. Provided always, That after the Solemnization of any Marriage, under a Publication of Banns, it I'^oofof thePar- fhall not be necefTary in fupport of fuch Marriage, to give any Prool of the actual DwciJii'g of the Par-':"p"T-_si-T ties in therefpeftive Parifhes or Chapelries vi^herein the Banns of Matrimon). u-rre publiEied ; or where the witie MaTr'a-ca Marriage is by I,icence, it ihall not be necelTary to give any Proof that the ufual Place of Abode of one of r;,,:!! havdVKn'ib- the Parties, for the Space of four Weeks as aforeiaid, was in the Parifh or Chapelry where the Marriage I'-mniztJ, not .ic- was folemnized ; nor fliall any Evidence in either of the faid Cafes be received to prove the contrary in any -'^"•"■■y "' ■■hiVi- Suit touching the Validity of fuch Marriage. M-irjl"""^' XL And it is hereby further enafted. That all Marriages folemnized by Licence, after the faid twenty- ^■'■"■■' ,s« 'blem- fifth Day of vI/(.Tt-/; one thoufand ("even hundred and fifcy-four, where either of the Parties, not being ^ "'rthmitc'onrent° Widower or Widow, piall be under the Age of twenty-one Years, which fhall be had without the Con-„f the'i-arems or fent of the Father of fuch of the Parties, fo under Age (if then living) firft had and obtained, or if dead, Guaidians, where of the Guardian or Guardians of the Perfon of the Party fo under Age, lawfully appointed, or one of '^'■'": °* '^e them ; and in cafe there fhall be no fuch Guardian or Guardians, then of the Mother (if living and un- '"'"^y^?°^'"^■ married) or if there fhall be no Mother living and unmarried, then of a Guardian or Guardians of the Per- orviJo'w)'ftiaU fon appointed by the Court oi Chancery ; Ihall be abfolutely null and void to all Intents and Purpofes what- be under Age, loever. void. ' XIL And whereas it may happen, that the Guardian or Guardians, Mother or Mothers, of the Parties ' to be married, or one of them, fo under Age as aforefaid, may be Non compos mentis, or may be in Parts ' beyond the Seas, or maybe induced unreafonably, and by undue Motives to abufe the Trull repofed in ' him, her or them, by refufing or with-holding his, her or their Confent to a proper Marriage ;' Be it therefore enacted. That in cafe any fuch Guardian or Guardians, Mother or Mothers, or any of them, ^^"^ "^'"^ whofe Confent is made neceffary as aforefaid, fhall be Non compos mentis, or in Parts beyond the Seas, or Mo;i,er (i,aii j,^ fhall refufe or with-hold his, her or their Confent to the Marriage of any Perfon, it fhall and maybe lawful Non compos for any Perfon defirous of marrying, in any of the before-mentioned Cales, to apply by Petition to the mentis, or in Lord Chancellor, Lord Keeper, or the Lords Commiffioners of the Great Seal of Great Britain for the ^"" "°"'j "^ Time being, who is and are hereby impov/ered to proceed upon fuch Petition, in a fuiumary Way ; and n"^ ^meikmahW cafe the Marriage propoled, fliall upon Examination appear to be proper, the faid Lord Chancellor, Lord -.viclvhoid their Keeper, or Lords Commiflioners of the Great Seal for the Time being, fhall judicially declare the fame to Confent, the be fo by an Order of Court, and fuch Order fhall be deemed and taken to be as good and effectual to all Parties may ap- Intents and Purpofes, as if the Guardian or Guardians, or Mother of the Perfon fo petitioning, had con- U ^° „ ^^'^'^ r I r 1 AT • f a^ Chancellor, &c. tented to fuch Marriage. and being ap- proved by Order of the Court, fliall be effcftua!. XIII. And it is hereby further enafled. That in no Cafe whatfoever fhall any Suit or Proceeding be had No Suit to be in in any Ecclefiaflical Court, in order to compel a Celebration of any Marriage infccie Ecclefice, by reafon of'J' Eccicfi3ft;ca! any Contra£t of Matrimony whatfoever, whether per verba de prcsfenti, or per verba de futuro, which fhall , °iiarrLioe"?n'^ - be entered into after the twenty-fifth Day oi March in the Year one thoufand feven hundred and fifty-four ^ facie Ecdefia;, any Law orUfage to the contrary notwithftanding. by reafon of any XIV. And for preventing undue Entries and Abufes in Regifters of Marriages; Be it enaiPced by the <-o">>'S. Authority aforefaid. That on or before t'^e twenty-fifth Day of March in the Year one thoufand leven hun- dred and fifty-four, and from Time to Time afterv/ards as there fhall be Occalion, the Church-wardens Chnrchwardenj and Chapel-wardens of every Parifh or Chapelry fhall provide proper Books of Vellum, or good and durable'" provide Books Paper, in which all Marriages and Banns of Marriage refpedtively, there publifhed or folemnized. fhall be j^" ^•^'■':^'^^^^^'=_^'° regiflered, 'and every Page thereof fhall be marked at the Top, with the Figure of the Number of '^v^'^Y hUxul<il7i<vi fuch Page, beginning at the fecond Leaf with Number one ; and every Leaf or Page fo numbered, fhall be Banns I ruled with Lines at proper and equal Diftances- from each other, or as near as may be ; and all Banns and Marriages publiflied or celebrated in any Church or Chapel, or within any fuch Parifh or Chapelry, fliall be refpeftivcly entered, regiftered, printed, or written upon or as near as conveniently may be to fuch ruled Lines, and fhall be figned by the Parfon, Vicar, Minifter or Curate, or by fome other Perfon in his Pre- the fame to be fence, and by his Direction ; and fuch Entries fliall be made as aforefaid, on or near fuch Lines in fuc- %".'l '>y the ceffive Order, v/here the Paper is not damaged or decayed, by Accident or Length of Tim:-, until a new '"' "' Book fhall be thought proper or neceffary to be provided for the fame Purpofes, andthen the Directions aforefaid fliall be obferved in every fuch new Book; and all Books provided as aforefaid fnall hi deemed to and the Books to belong to every fuch Parifh or Chapelry refpectivcly, and fhall be carefully kept and preferved for P'^'^l'ck^^j°^s to^t^ie^ XV. And in order to preferve the Evidence of Marriages, and to make the Proof thereof more certain Uckufe. and eafy, and for the Diredion of Miniflers in the Celebration of Marriages and regiflering thereof. Be it enadted. That from and after the twenty-fifth Day of March in the Year one thoufand leven hundred and Carnages to be fifty-four, all Marriages fhali be folemnized in the Prefence of two or more credible Witnefles, befides ^"^-^^ p'2l["lf"x^'^ Minifter who fhall celebrate the fame ; and that immediately after the Celebration of every iMarriage, anvv.tneflts, he- Entry thereof fliall be made in fuch Regifter to be kept as aforefaid ; in which Entry or Rcgiiter it fhall be fides the Mini- expreHtd, That ^he fiid Marriage vvas cel.brated by Banns or Licence ; and if both or either of the Par- fer. '"j to be ties married by Licence, be under A^e, with Confent of the Parents or Guardians, as the Cafe fh:dl be ; "E'"""' and fnall be fio-pcd by the Minifter with his proper Addition, and alfo by the Parties married, and attefted ^nd figned byth«  by fuch two WitnefTes ; which Entry fhall be made in the Form or to the Effed ■ following ; that is to ™"^,^J>J^J^"" fay, 2 -AB.