Imágenes de páginas
PDF
EPUB

the deeds did not in express terms refer to any particular doctrines. His lord. ship then commented on the several acts of parliament bearing on unitarians, which had been referred to in the argument, and concluded, after alluding to the opinions of the English judges in Lady Hewley's case, by declaring that beyond the twenty-five years' usage he was not at liberty to go, and that he, therefore, must dismiss the informations against the defendants, allowing the relators their full costs out of the charity funds.

AN ACT FOR MARRIAGES IN IRELAND; AND FOR REGISTERING

SUCH MARRIAGES.

ANNO SEPTIMO ET OCTAVO VICTORIÆ REGINÆ.

[9th August, 1844.)
(Concluded from vol. xxvi. p. 572.)

No certiorari. 80. And be it enacted, That no such conviction, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed, by certiorari or otherwise, into any of her majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same.

Not to affect right of officiating minister to fees. 81. Provided always, and be it enacted, That nothing herein contained shall affect the right of any officiating minister to receive the fees now usually paid for the performance or registration of any marriage.

Registrar-general to furnish notices to guardians of unions, &c., specifying acts

required to be done by parties registering. 82. And be it enacted, That the said registrar-general shall, within three calendar months after his appointment to such office, furnish to the respective guardians of every union, parish, or place, printed notices, which the said guardians shall, as soon as conveniently may be after the receipt thereof, cause to be fixed or placed on the outside of the several church and chapel doors, or other public and conspicuous buildings or places, within their respective unions, parishes, or places, and which said notices shall specify the several acts required to be done by persons who may be desirous of solemnizing marriage under the provisions of this act. Certain marriages celebrated in Ireland to be the same as if solemnized

by clergymen of the established church. 86. And whereas marriages have in divers instances been had and celebrated in Ireland by Presbyterian and other protestant dissenting ministers or others, or those who at the time of such marriages had been such, between parties of the same or different religious persuasions, and it is expedient to deem such marriages; be it therefore enacted, That all marriages had and celebrated in Ireland since the passing of an act passed in the last session of Parliament, intituled “ An Act for Confirmation of certain Marriages in Ireland," and before the passing of this act, by Presbyterian or other Protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, shall be and shall be adjudged and taken to have been and to be of the same force and effect in law as if such marriages had been solemnized by clergymen of the united church of England and Ireland, and of no other force nor effect whatsoever.

Extent of act. 84. And be it enacted, That this act shall extend only to Ireland, and shall not extend to the marriage of any of the royal family.

Act may be amended this session. 85. And be it enacted, That this act may be amended or repealed by any act to be passed in this session of parliament.

SCHEDULES TO WHICH THIS ACT REFERS.

SCHEDULE (A.)—NOTICE OF MARRIAGE.
To A.B. [or C.D.] Surrogate (or Deputy Surrogate,] or
To the Registrar, of the District of [Roscrea) in the County of [Trip-

perary,] (as the case may be.] I HEREBY give you notice, that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described ; (that is to say,)

[blocks in formation]

Lucius O'Hara Widower. Carpenter Orfull High

23 days. Age. Street.

Sion Chapel, Maryborough, Roscrea.

Roscrea, Queen's

Tipperary. County. Margaret Shaw Spinster.

Minor Grove More than

Farm. a month.
Parish

Mary-
borough.

Witness my hand this (sixth] day of [May,] 1845.)

(Sigoed) Lucius O'Hara. [The particulars in this schedule to be entered according to the fact.]

SCHEDULE (B.)-Registrar's CertificATE.

[No. 14.] I (John Cox), registrar of the district of [Roscrea) in the county of [Tipperary], do hereby certify, that on the (sixth] day of [May] notice was duly entered in the Marriage Notice Book of the said district of the marriage intended between the parties therein named and described, delivered under the hand of (Lucius O'Hara,] one of the parties; (that is to say,)

[blocks in formation]

District and

Church or
Rank
Length

County in
Dwelling

Building in which the other

which or Age.

Party dwells, of Place.

Marriage is where the

to be Condition.

Parties dwell Residence. solemnized. in different

Districts,

of full High Lucius O'Hara Widower. Carpenter.

Age. Street.

23 days.

Sion Chapel, Maryborough,

Roscrea, Queen's More than Tipperary. County. a month.

Margaret Shaw Spinster.

Grove
Farm.

Minor

Date of notice entered,

6th May, 1845. The issue of this certificate has not been forbidden by Date of certificate given, any person authorised to forbid the issue thereof.

28th May, 1845. Witness my hand this (twenty-eighth] day of (May, one thousand eight hundred and forty-five.]

(Signed)

John Cor, Registrar. This certificate will be void unless the marriage is solemnised on or before the (seventh] day of [August,] 1845.

['The particulars in this schedule to be entered according to the fact.]

SCHEDULE (C.)-Licence of MARRIAGE. Whereas a marriage is intended to be solemnised between A.B. of and C.D. of

: And whereas application for a licence hath been made to me, E. F. the Presbyterian minister duly authorized by his Excel. lency the Lord-Lieutenant, pursuant to the provisions of an act passed in the eighth year of the reign of Queen Victoria,

intituled “ An Act," 8c. [here insert the title of this act), to issue marriage licences within the bounds of the presbytery of

: And whereas I have received the certificate required by law from the reverend G.H., minister of the congregation of

of which A.B. Cor C.D.) is a member: And whereas I have duly ascertained, by the oath (or affirmation) of the said A.B. [or C.D.], that the parties are respectively of the ages of twenty.one years, and that there is no impediment of kindred or alliance or other lawful hindrance to the said marriage, and that A.B. (or C.D.) has had his for her) usual place of abode for the space of fifteen days last past within the bounds of the presbytery of

or [in cases where either party is under age, and not a widower or widow,] that A.B. (or C.D.) is under the age of twenty-one years, and that the consent of I.K., whose consent to his sor her] marriage is required by law, has been obtained thereto (or that there is no person having authority to give such consent, or, where a party so under age is a widower or widow, ihat A.B. (or C.D.) is under twenty-one years of age, but is a widower or widow, as the case may be] : now I do hereby grant unto the reverend or other the minister officiating in the certified presbyterian meeting-house of full licence, according to the authority in that behalf given to me by the said act, to proceed to solemnise such marriage; provided that the said marriage be publicly solemnised in the presence of two witnesses, within one calendar month from the date hereof, in the certified 'presbyterian meeting-house of

[here describe the meeting-house in which the marriage is to be

solemnized], between the hours of eight in the forenoon and two in the after. noon. Given under my hand, this

day of one thousand eight hundred and

(Signed)

E. F.

Licenser of Presbyterian Marriages. SCHEDULE (D.) PRESBYTERIAN MINISTER'S CERTIFICATE. I (John Mason], Presbyterian Minister of

in the presbytery of do hereby certify, That on the

day of notice was duly entered in a book kept for that purpose in my congregation, of the marriage intended between the parties therein named and described, delivered under the hand of

one of the parties, who is and has been for the last calendar month a member of my own congregation; (that is to say,)

[graphic]

Witness my hand, this

day of

One thousand eight hoodred and

(Signed) [John Mason] Minister of the

Congregation of [The particulars in this schedule to be entered according to the fact.]

[ocr errors]

SCHEDULE (E.) Licence of MARRIAGE. A.B., Registrar of

to C.D. of

and E. F. of

sendeth greeting. Whereas ye are minded, as it is said, to enter into a contract of marriage under the provisions of an act passed in the eighth year of the reign of Queen Victoria, iutituled [here insert the title of this act], and are desirous that the same may be speedily and publicly solemnized : And whereas you C.D. [or E.F.] have made and subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance or other lawful hindrance to the said marriage, and that you C.D. (or E.F.) have (or has) had your (or his or her] usual place of abode for the space of fifteen days last past within the district of (

,) and (in cases where either party is under age, and not a widower or widow) that you C.D. [or E.F.) are (or is) under the age of twenty-one years, and that the consent of G.H., whose consent to your [or his or her] marriage is required by law, has been obtained thereto, [or,

Vol. XXVII.-January, 1845.

that there is no person having authority to give such consent,] or, where a party so under age is a widower or widow, that you, C.D. (or E. F.) are (or is] under twenty-one years of age, but are (or is] a widower or widow, (as the case may be :) I do hereby grant unto you full licence, according to the authority in that behalf given to me by the said act, to proceed to solemnize such marriage; provided that the said 'marriage be publicly solemnized in the presence of two witnesses, within three calendar months from the [here insert the date of the entry in the notice book of the registrar,] in the [here describe the building in which the marriage is to be solemnized,] between the hours of eight in the forenoon and two in the afternoon. Given under my hand, this day of one thousand eight hundred and

(Signed)

A.B.

Registrar.

SCHEDULE (F.) I (John Cor), Registrar of the district of [Roscrea] in the county of [Tipperary), do hereby certify, That this is a true copy of the entries of marriage registered in the said district from the entry of the marriage of (John Wood] and [Anne Simpson] Number [one], to the entry of the marriage of [Lucius O'Hara] and Margaret Shaw], Number [Fourteen). Witness my hand, this [first day of July, 1845.)

(Signed) John Cox, Registrar. [The particulars in this schedule to be entered according to the fact.]

SCHEDULE (G.) 1845.-Marriages solemnized [at the Parish Church) in the [Parish of

St. Audeon) in the city of Dublin),

[blocks in formation]

Married in the [Parish Church], according to the Rites and Ceremonies of the [United Church of England and Ireland by Licence], or (after Banns],

By me,

(William Jackson, Vicar.)
This Marriage was solemnized Peter Donovan,
between us,

Mary O'Brien,
In the presence of us,

Dinnis Donovan,

Luurence O'Brien.
[The particulars in this schedule to be entered according to the fact.]

{ ,
{

NOTES OF LEGAL DECISIONS.

RECOVERY OF ARREARS OF RENT-CHARGE. The Court of Queen's Bench has recently decided an important question, as to the right which the owner of a rent-charge, under the Tithe Commutation Act, possesses of enforcing the payment of the arrears, by distress upon the land.

« AnteriorContinuar »