1 Vict. c. 22.

Banns may be published in chapels where

marriages may be solemnized.

Marriages may be in licensed chapels, though only one of the parties is resi

dent in the district.

Publication of banns where the parties reside in different districts.

which such consent shall have been so refused or withholden; and no such licence shall be granted by any bishop until he shall have inquired into the matter of such reasons; and every instrument of consent of the patron and incumbent, or, if such consent be refused or withholden, a copy of the notice under the hand of the registrar, and every statement of reasons alleged as aforesaid by the patron or incumbent, with the bishop's adjudication thereupon under his hand and seal, shall be registered in the registry of the diocese; and thenceforth and until the said licence be revoked marriages solemnized in such chapel shall be as valid to all intents and purposes as if the same had been solemnized in the parish church, or in any chapel where marriages might heretofore have been legally solemnized."

The next statute, 1 Vict. c. 22, refers to this one, and deals with the question of parties residing in different districts. It enacts as follows:

Sect. 33. "The banns of marriage of any persons may be published in any chapel licensed by the bishop, according to the provisions of the said act (k) for marriages, for the solemnization of marriages, in which those persons might lawfully be married; and instead of the notice required by the said act, the words banns may be published and marriages may be solemnized in this chapel, shall be placed in some conspicuous part in the interior of every such chapel."

And by sect. 34. "Whereas doubts may arise whether under the said recited acts it is lawful for the bishop to license chapels for marriages between parties, one only of whom resides within the district specified in such licence;' be it therefore enacted and declared, that all such licences shall be construed to extend to and authorize mariages in such chapels between parties, one or both of whom is or are resident within the said district: provided always, that where the parties to any marriage intended to be solemnized after publication of banns shall reside within different ecclesiastical districts, the banns for such marriage shall be published as well in the church or chapel wherein such marriage is intended to be solemnized, as in the chapel licensed under the provisions of the said recited act for the other district within which one of the parties is resident, and if there be no such chapel, then in the church or chapel in which the banns of such last-mentioned party

(k) 6 & 7 Will. 4, c. 85, s. 29.

might be legally published, if the said recited act had not been passed."

To return to the act 6 & 7 Will. 4, c. 85. Sect. 27 6 & 7 Will. 4, deals with the fees arising from marriages under sect. 26; c. 85. and it is then enacted as follows:

Sect. 28. "When the said bishop shall authorize the Patron or insolemnization of marriages in any such chapel as aforesaid, appeal to the cumbent may without the consent under the hand and seal of the patron archbishop and incumbent respectively, it shall be lawful for them or against such either of them to appeal within one calendar month to the licences. archbishop of the province, who shall hear the same in a summary manner, and shall make such order confirming, revoking, or varying the licence so given, as to him shall seem meet and expedient, which order shall be registered in the registry of the diocese, and shall be conclusive and binding on all the parties whatsoever."

chapels to be

Sect. 30. "All provisions which shall from time to time Marriages perbe in force relative to marriages, and to providing, keep- formed in such ing, and transmitting register books and copies of registers under the same of marriages solemnized in any parish church, shall extend regulations as to any chapel in which the solemnization of marriages shall those performed in be authorized as aforesaid, in the same manner as if the parish same were a parish church, and everything required by churches. law to be done relating thereto by the rector, vicar, curate, or churchwardens respectively of any parish church shall be done by the officiating minister, chapelwarden, or other person exercising analogous duties in such chapel respectively."

parish church.

Sect. 31. "Notwithstanding any such licence as afore- Option to said to solemnize marriages in any such chapel, the parties parties to be may, if they think fit, have their marriage solemnized in married at the parish church, or in any chapel in which heretofore the marriage of such parties or either of them might have been legally solemnized."

Sect. 32. " Any such licence or order may at any time be revoked by writing under the hand and seal of the bishop of the diocese, with the consent in writing of the archbishop of the province; and such revocation and consent shall be registered in the registry of the diocese, the registrar whereof shall notify the same in writing to the minister officiating in the chapel, and shall also give public notice thereof by advertisement in some newspaper circulating within the county and in the London Gazette, and thenceforth the authority to solemnize marriages in such chapel shall cease and determine."

Bishop, with consent of archbishop, may revoke such licences;

Sect. 33. "In case of the revocation of the licence to In which case

registers to be sent to the inparish church.

cumbent of the

Registrars of dioceses to

send to the register office yearly lists of

licensed

chapels within their districts.

solemnize marriages in any such chapel all registers of marriages solemnized therein under such licence which shall be in the custody or possession of the minister of such chapel at the time of such revocation shall forthwith be transmitted to the incumbent or officiating minister of the parish church, and shall thenceforth be preserved, and in all other respects dealt with in the same manner, and be of the same force and validity, to all intents and purposes, as if they had been originally made and deposited with such incumbent or officiating minister; and that such incumbent or minister shall, when he next transmits to the superintendent registrar copies of the registers of marriages solemnized in such parish church, also therewith transmit copies of all such entries as shall have been made in such first-mentioned registers subsequent to the date of the last entry a copy whereof was transmitted to the superintendent registrar, and shall also transmit to him one copy of every register book so transmitted to him of which no copy shall have been already transmitted to the superintendent registrar, having first signed his name at the foot of the last entry therein."

Sect. 34. "The registrar of every diocese shall within fifteen days after the said first day of March, and also within fifteen days after the first day of January in every succeeding year, make out and send through the post office, directed to the registrar general of births, deaths and marriages, at his office, a list of all chapels belonging to the Church of England within that diocese wherein marriages may lawfully be solemnized according to the rites and ceremonies of the Church of England, and shall distinguish in such list which have a parish, chapelry, or other recognized ecclesiastical division annexed to them, and which are chapels licensed by the bishop under this act, and shall state therein the district for which each of such chapels is licensed according to the description thereof in the licence; and the registrar general shall in every year make out and cause to be printed a list of all such gistered to be chapels, and also of all places of public worship registered under the provisions of this act, and shall state in such list the county and registrar's district within which each. chapel or registered building is situated, and shall add also the names and places of abode of the registrars and deputy registrars of each district, and of the superintendent registrars; and a copy of such list shall be sent to every registrar and superintendent registrar."

List of all chapels and buildings re

printed.

Church Building, &c. Acts.

And here it may be convenient to direct attention to

those portions of the Church Building Acts which authorize the solemnization of marriages, both by banns and licence, in churches and chapels of separate and distinct parishes, and of district parishes and of extra-parochial places.

It will be seen that the joint authority of the commissioners for building new churches (whose powers are now transferred to the ecclesiastical commissioners) and of the bishop determines whether marriages shall be solemnized in the churches of districts created under these statutes (k).

66

such mar

riages.

By 58 Geo. 3, c. 45, s. 27, " All acts of Parliament, 58 Geo. 3, c. 45. laws and custom relating to publishing banns of marriage, Marriages, &c. marriages,. . . . and the registering thereof, and to all eccle- in separate siastical fees, oblations, or offerings, shall apply to separate in district parishes, and and distinct parishes and district parishes when they shall parishes. so become complete, separate and distinct parishes or district parishes, under the provisions of this act, after the death, resignation or other avoidance of the existing incumbents respectively in each such parish or extra-parochial place, and to the churches and chapels thereof, and to the ecclesiastical persons having cure of souls, or serving the same, in like manner in every respect as if the same respectively had been ancient, separate and distinct parishes and parish churches by law, to all intents and purposes." Sect. 28. "No banns of matrimony shall be published, Proviso as to or marriages celebrated or solemnized, . . . . by any person whatever, within any church or chapel of any such separate and distinct parish so made by any such division as aforesaid, or in any private house therein, or within any such district church or chapel, or in any private house within such district,.... by any person whatever, except by the incumbent of the church of the parish or extra-parochial place from which such parish shall have been separated, or some curate of such incumbent duly licensed in that behalf, until after the death, resignation or other avoidance of the spiritual person who shall be the incumbent of the church of the parish or the extra-parochial place at the time of the consecration of any such church or chapel of any such separated parish or district parish; and from and after the death, resignation or other avoidance of the then incumbent, to be certified under and according to the provisions of this act, banns of matrimony may be published, and marriages celebrated and solemnized. . . . within the

(k) See part vi. ch. v. p. 294, of Mr. Law's 5th edition of the

Church Building Acts; from
which these sections are taken.

Time when the

banns may

commence.

church or chapel of any such separated parish or district parish, provided the same be respectively published, celebrated, solemnized, and had according to the laws and canons in force within the realm in that behalf; and all such banns as shall be published, and also all and every such marriage and marriages as shall be celebrated and solemnized, in any such church or chapel, after the entries, under and according to the provisions of this act, of the notification, under the hand and seal of the bishop of the diocese, of the death, resignation or other avoidance of the incumbent of the church of the parish or extra-parochial place, shall be as good, valid and effectual to all intents and purposes as if the same were published, celebrated and solemnized in the church of the parish or extra-parochial place in which the same shall be situate."

Sect. 29. "The death, resignation or other avoidance of publication of the spiritual person who was the incumbent of the church of any parish and extra-parochial place in which any such separated parish or district church or chapel shall be so consecrated as aforesaid, at the time of such consecration, shall be notified by the bishop of the diocese, under his hand and seal, to the spiritual person then serving the church or chapel, and to the churchwardens of the parish or place in which the church or chapel shall be situate; and such notification shall be preserved with and copies thereof shall be entered in the books of registers of marriages, births and burials of the church of the parish or extra-parochial place and copies of such notifications shall be also entered in the books of registers to be provided for entering the publications of banns and solemnization of marriages, and the baptisms and burials in such chapels; and such entries shall be authenticated by the churchwardens of such churches and chapels respectively, and shall be sufficient evidence of the period of commencement under the provisions of this act, of the publication of banns and solemnization of marriages and baptisms and performance of burials, in any such chapel or any cemetery thereof."

59 Geo. 3, c. 134.

Laws relating to such marriages.

By 59 Geo. 3, c. 134, s. 6, marriages may be solemnized in consolidated chapelries formed under that act (7). By sect. 16 the ecclesiastical commissioners with bishop may allow marriages in any chapel.

Sect. 17. "All acts of parliament, laws and customs relating to publishing banns of marriage, marriages,

(1) See also 8 & 9 Vict. c. 70, s. 10.