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given to form of the schedule (A.) to this Act annexed, or to the like Consul.
effect, to the Consul within whose district both the parties shall have dwelt, not less than one calendar month then next preceding, and shall state therein the name and surname and the profession or condition of each of the said parties intending marriage, the dwelling place of each of them, and that each of them has dwelt within such district during such
one calendar month at the least. Consul to 3. And be it enacted, That the Consul shall file all such file notices, register
notices, and keep them with the archives of his Consulate, them in a
and shall also forthwith enter a true and exact copy of every book, and suspend co- such notice fairly into a register to be by him kept for that office of the purpose, and shall likewise suspend a like true and exact Consulate.
every such notice in some conspicuous place in the office of his Consulate during seven successive days if the marriage is to be solemnized by licence, or twenty-one successive days if the marriage is to be solemnized without licence, before any marriage shall be solemnized in pursuance of such notice; and the said register and suspended copies shall be open at all reasonable times, without fee, to the inspection of persons desirous of inspecting the same; and upon the receipt of every such notice, and before registering and suspending the same, the Consul shall be entitled to
have a fee of ten shillings. Persons duly 4. And be it enacted, That any person authorised in that authorised
behalf as hereinafter mentioned may, at any time before the the solemni- solemnization of any such intended marriage, forbid the marriage. solemnization of such intended marriage, by writing the
word “forbidden" opposite to the entry of the notice of such intended marriage in the register, and by subscribing thereto his or her name and place of abode, and his or her character in relation to either of the parties by reason of which he or she is so authorised; and in case the solemnization of any such intended marriage shall be so forbidden the notice shall be void, and such intended marriage shall not be solemnized under such notice.
5. And be it enacted, That the like consent shall be on any mar- required to any marriage by licence under the provisions of licence as is this Act as is now required by law to marriages solemnized England. in England by licence; and every person whose consent to a
marriage by licence is required by law is hereby authorised to forbid a marriage under the provisions of this Act, whether such marriage is intended to be by licence or without licence.
zation of any
6. And be it enacted, That before any marriage by licence Consul shall be solemnized under this Act both the parties intending licences for marriage shall appear before the Consul, and each of them marriage. shall make oath, or shall make his or her solemn affirmation or declaration instead of an oath, that he or she believeth that there is not any impediment of kindred or alliance, or other lawful hindrance, to the said marriage, and that both of the said parties have for the space of one calendar month immediately preceding respectively had their usual places of abode within the district of such Consul, and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, as the case may be; and when and as soon as such oath, affirmation, or declaration shall have been made, the Consul shall, on payment of a fee of twenty shillings, certify under his hand on the original notice and also in the register, that licence has been granted for the solemnization of the marriage in respect of which such notice was given ; and such certificate shall be deemed and taken to be a licence for such marriage. 7. And be it enacted, That any person, on payment of a Caveat
against marfee of twenty shillings to the Consul, may enter a caveat riages may
be lodged with the Consul against the solemnization of the marriage of
with Consul. any person named therein, such caveat being signed by or on behalf of the person who enters the same, and stating his or her place of residence, and the ground of objection on which his or her caveat is founded ; and if any caveat be entered as aforesaid no marriage of the person named therein shall be solemnized until the Consul shall have examined into the matter of the caveat, and shall be satisfied that it ought not to obstruct the solemnization of the said marriage, or until the caveat shall be withdrawn by the party who entered the same; and in cases of doubt it shall be lawful for the Consul to transmit to one of Her Majesty's Principal Secretaries of State a copy of such caveat, with such statement in relation thereto as such Consul may think fit, and such Secretary of State shall refer the same to the Registrar-General of births, deaths, and marriages in England, for his decision; and the said Registrar-General, having decided thereon, shall transmit his decision in writing to the said Secretary of State, who shall communicate the same to the said Consul: Pro
vided always, that in case the Consul refuse to solemnize or to allow to be solemnized in his presence the marriage of any person requiring such marriage to be solemnized, such person shall have a right of appeal to one of Her Majesty's Principal Secretaries of State, who shall thereupon either con
firm the refusal or direct the solemnization of the marriage. When mar 8. And be it enacted, That whenever any marriage shall riage not solemnized not be had within three calendar months next after notice within three shall have been so given to and entered by the Consul as new notice aforesaid, or where, in the case of any such caveat as required.
aforesaid, a statement shall have been transmitted as aforesaid, or where, on such refusal as aforesaid of the Consul, a person shall appeal as aforesaid, and the marriage shall be directed to be solemnized, then, within three calendar months after the receipt from the Secretary of State of the decision with respect to such caveat or on such appeal the notice shall be void ; and the marriage in respect of which such notice was given shall not be solemnized until a new notice shall have been given, and copies thereof entered in the register, and suspended in the office of the Consulate, in accordance with the provisions of this Act.
9. And be it enacted, That after the expiration of seven licence, or days, if the marriage is by licence, or of twenty-one days, if twenty: one, the marriage is without licence, after notice shall have licence, mar been so given to and entered by the Consul as aforesaid, riages may
provided no lawful impediment be shown to the satisfaction nized at the of the Consul why the marriage should not be solemnized, sulate, by or and that the marriage has not been forbidden in manner sence of the herein provided, it shall be lawful for the Consul to
solemnize, or allow to be solemnized by any other person in his presence, the marriage in respect of which such notice shall have been given, between and by the parties described in such notice; and every such marriage shall be solemnized at the British Consulate, with open doors, between the hours of eight and twelve in the forenoon, in the presence of two or more witnesses, and may be solemnized, in the presence of the Consul, according to the rites of the United Church of England and Ireland, or according to such other form and ceremony as the parties thereto may see fit to adopt, or may, where the parties shall so desire, be solemnized by the Consul; and in the solemnization of every such marriage not solemnized according to the rites of the United Church of England and Ireland, in some
Consul and two witnesses.
fees to the Consul.
part of the ceremony, and in the presence of the Consul and witnesses, each of the parties shall declare,
“I do solemnly declare, That I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D.”
And each of the parties shall say to the other,
“I call upon these persons here present to witness, That I, A. B., do take thee, C. D., to be my lawful wedded wife for husband)."
10. And be it enacted, That the Consul shall be entitled, Marriage for every marriage which shall be solemnized under this Act by him or in his presence, to have from the parties married the sum of twenty shillings, if the marriage shall be by licence, and otherwise the sum of ten shillings.
11. And be it enacted, That the Consul shall forthwith Consul to reregister in duplicate every marriage solemnized as afore- Fistes marsaid in two marriage register books to be furnished to him duplicate, in for that purpose from time to time by the Registrar-General sent by the (through one of Her Majesty's Principal Secretaries of General State), according to the form provided for the registration of Secretary marriages by an Act of the seventh year of the reign of of State. King William the Fourth, intituled “An Act for registering Births, Deaths, and Marriages in England,” or as near to such form as the difference of the circumstances will admit of; and the entry in each such book of every such marriage shall be signed by the person by whom the mar. riage shall have been solemnized, if there shall be any such person other than the Consul, and by the Consul and both the parties married, and attested by two witnesses ; and all such entries shall be made in regular order from the beginning to the end of each such book, and the number of the place of entry in each duplicate marriage book shall be the same.
12. And be it enacted, That in the month of January in Copies of the every year every Consul shall make and transmit to one of register book Her Majesty's Principal Secretaries of State, to be trans- to be formitted by him to the Registrar-General, a true copy, yearly to the certified by such Consul under his hand and Consular seal, State. according to the form in the Schedule (B.) to this Act annexed, of all the entries of marriages during the preceding year in the register book kept by him; and if there shall have been no marriage registered during such preceding year, the Consul shall certify such fact under his hand and Consular seal; and the Consul shall keep the said duplicate
Proof of residence of parties or consent not
marriage register books safely until the same shall be filled, and one of such duplicate marriage register books, when filled, shall be transmitted to one of Her Majesty's Principal Secretaries of State, to be transmitted by him to the Registrar-General.
13. And be it enacted, That after any marriage shall
have been solemnized under this Act it shall not be necesnecessary to sary, in support of such marriage, to give any proof of
the actual dwelling for the time required by this Act of marriage.
either of the parties, previous to the marriage, within the district wherein such marriage was solemnized, or of the consent of any person whose consent thereto is required by law, nor shall any evidence to prove the contrary be given in any suit touching the validity of such marriage.
14. And be it enacted, That it shall be lawful for the ask certain particulars Consul by whom or in whose presence any marriage is of parties. solemnized under this Act to ask of the parties to be
married the several particulars required to be registered
touching such marriage. In case of 15. And be it enacted, That if any marriage shall be had marriage, under the provisions of this Act by means of any wilfully false the guilty notice, oath, affirmation, or declaration made by either party feit all pro- to such marriage, as to any matter to which a notice, cruing from oath, affirmation, or declaration is by this Act required, it riage, as in shall be lawful for Her Majesty's Attorney-General or 4 Geo.4, c.76. Solicitor-General to sue for the forfeiture of all estate
and interest in any property accruing to the offending party by such marriage; and the proceedings thereupon, and the consequences thereof, shall be the same as are provided by law in the like case, with regard to marriages solemnized by licence in England, according to the rites of the Church
of England. Persons 16. And be it enacted, That every person who shall taking false
knowingly and wilfully make any oath, affirmation, or deguilty of perjury.
claration, or sign any false notice, required by this Act, for the purpose of procuring any marriage, and every person who shall forbid any such marriage by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall suffer the penalties of perjury; and such offender
may be tried in any county or place in England in the same manner and may be dealt with in all respects as if the offence had been committed in such county or place in England
party to for