Previous agreements to be void. Information within the .year. aforesaid shall be filed, unless it shall be made out to the satisfaction of the attorney or solicitor-general, before he files the same, by oath or oaths sworn before one of the masters in ordinary in chancery, or before one of the barons of the exchequer, and which they are hereby respectively empowered to administer, that the valid marriage to be complained of in such information hath been solemnized in such manner and under such circumstances, as, in the judgment of the said attorney or solicitor-general, are sufficient to authorize the filing the information under the provisions of this act, and that such marriage has been solemnized without the consent of the party or parties at whose relation such information is proposed to be filed, or of any other parent or guardian of the minor married, to the knowledge or belief of the relator or relators so making oath ; and that such relator or relators had not known or discovered that such marriage had been solemnized more than three months previous to his or their application to the attorney or solicitor-general. XXIV. And be it further enacted by the authority aforesaid, that all agreements, settlements, and deeds, entered into or executed by the parties to any marriage, in consequence of or in relation to which marriage such information as aforesaid shall be filed, or by either of the said parties, before and in contemplation of such marriage, or after such marriage, for the benefit of the parties, or either of them, or their issue, so far as the same shall be contrary to or inconsistent with the provisions of such security and settlement as shall be made by or under the direction of such court as aforesaid, under the authority of this act, shall be absolutely void, and have no force or effect. XXV. Provided always, and be it further enacted, that any to be filed original information to be filed for the purpose of obtaining a declaration of any such forfeiture as aforesaid, shall be filed within one year after the solemnization of the marriage by which such forfeiture shall have been incurred, and shall be prosecuted with due diligence; and in case any person or necessary party to any such information shall abscond, or be or continue out of England, it shall be lawful for the court in which such information shall be filed, to order such person to appear to such information, and answer the same within such time as to such court shall seem fit; and to cause such order to be served on such person at any place out of England, or to cause such order to be inserted in the London Gazette and such other British or foreign newspapers as to such court shall seem proper; and, in default of such person appearing and answering such information within the time to be limited as aforesaid, to order such information to be taken as confessed by such person, and to proceed to make such decree or order upon such information as such court might have made if such person had appeared to and answered such informa tion. Provided always, that in case the person at whose relation any such suit shall have been instituted shall die pending such suit, it shall be lawful for the Court of Chancery, if such court shall see fit, to appoint a proper person or proper persons, at whose relation such suit may be continued. necessary to XXVI. Provided always, and be it further enacted, that Proof of the after the solemnization of any marriage under a publication actual resiof banns, it shall not be necessary, in support of such mar- dence of the riage, to give any proof of the actual dwelling of the parties parties not in the respective parishes or chapelries wherein the banns of the validity matrimony were published; or, where the marriage is by of a marlicence, it shall not be necessary to give any proof that the riage, wheusual place of abode of one of the parties, for the space of banns or by fifteen days as aforesaid, was in the parish or chapelry where licence. the marriage was solemnized; nor shall any evidence in either of the said cases be received to prove the contrary in any suit touching the validity of such marriage. ther XXVII. And be it further enacted, that in no case whatso- No suit shall ever shall any suit or proceedings be had in any ecclesiastical be had to court, in order to compel a celebration of any marriage in facie compel ecclesiæ, by reason of any contract of matrimony whatsoever, of marriage whether per verba de presenti or per verba de futuro, any law by reason of or usage to the contrary notwithstanding. celebration any contrac of marriage. Marriages to XXVIII. And, in order to preserve the evidence of mar riages, and to make the proof thereof more certain and easy, be in the and for the direction of ministers in the celebration of mar- presence of riages and registering thereof, be it enacted, that, from and two witnesses, and after the said first day of November, all marriages shall be to be regissolemnized in the presence of two or more credible witnesses, tered, besides the minister who shall celebrate the same; and that, immediately after the celebration of every marriage, an entry thereof shall be made in the register-book provided and kept for that purpose, as by law is now directed, or as shall be hereafter directed, in which entry or register it shall be expressed that the said marriage was celebrated by banns or licence; and, if both or either of the parties married by licence be under age, not being a widower or widow, with consent of the parents or guardians, as the case shall be; and such entry shall be signed by the minister with his proper addition, and signed,` and also by the parties married, and attested by such two &c. witnesses; which entry shall be made in the form or to the effect following; that is to say, A. B. of this and C. D. of this parish chapel by { day of This marriage was solemnized between us B. Persons convicted of making a false entry, or of forging, &c., any зnch entry; or of forg XXIX. And be it further enacted, by the authority aforesaid, that if any person shall, from and after the said first day of November with intent to elude the force of this act, knowingla and wilfully insert, or cause to be inserted, in the register-booy of such parish or chapelry as aforesaid, any false entry of nyk matter or thing relating to any marriage, or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or act or assist in falsely making, altering, forging, or counterfeiting, any such entry in such register, or falsely make, alter, forge, or couning, &c. any terfeit, or cause or procure to be falsely made, altered, forged, licence; or counterfeited, or assist in falsely making, altering, forging, or counterfeiting any such licence of marriage as aforesaid; or utter or publish as true any such false, altered, forged, or counterfeited register as aforesaid, or a copy thereof, or any such false, altered, forged, or counterfeited licence of marriage, knowing such register or licence of marriage respectively to be false, altered, forged, or counterfeited; or if any person shall, from and after the said first day of November, wilfully destroy, or cause or procure to be destroyed, any register-book of marriages, or any part of such register-book, with intent to avoid any marriage, or to subject any person to any of the penalties of this act; every person so offending, and being thereof lawfully convicted, shall be deemed and to be trans- adjudged guilty of felony, and shall suffer the punishment of ported. transportation for life, according to the laws in force for the transportation of felons. or of destroying such regis. ter, to affect This act not XXX. Provided always, and be it enacted, that this act, or marriages of any thing therein contained, shall not extend to the marroyal fariages of any of the royal family. mily. Act not to extend to XXXI. Provided likewise, and be it further enacted, that nothing in this act contained shall extend to any marriages marriages of amongstthe people called Quakers, or amongst the persons proQuakers fessing the Jewish religion, where both the parties to any such and Jews. marriage shall be of the people called Quakers, or persons proTwo print- fessing the Jewish religion respectively. sent to the ed copies of XXXII. And be it further enacted, that two printed copies the act to be of this act shall, as soon as conveniently may be after the pasministers of sing of thisfact, be provided by his majesty's printer, and transthe several mitted to the officiating ministers of the several parishes and parishes, &c., of chapelries in England respectively; one of which copies shall be deposited and kept with the book containing the marriage to be kept in register of such parish or chapelry, in the chest or box provided the parish for the custody of the same. which one chest. Act not to XXXIII. And be it further enacted, that this act shall extend extend be- only to that part of the united kingdom called England. yond Eng land INDEX. ABORTION; see " Procuring Abortion." ABDUCTION, of any woman on account of her fortune with intent to of any girl under the age of sixteen from her parents or stat. 9 Geo. 4, c. 31, s. 19, takes its origin from stat. form of indictment on this statute, ib. indictment will lie if the woman at first refuses, though and so, if she afterwards refuses, though she if a refusal in one county, and consent in ACCEPTANCE on bill of exchange, forgery of, 216 ACCESSORY before the fact may be tried as such, or as a substantive may be tried in either county where offence committed in before the fact in abduction, bigamy, assaults, child- before the fact in larceny, robbery, embezzlement, sacri- before the fact in malicious injuries, 373 before the fact in murder, 386 before the fact in forgery, 145, 148, 155, &c. after the fact may be tried by any court having jurisdic observations on the alteration of the law as to accesso- receivers of stolen goods may be tried as, see tit. "Re- may be outlawed before outlawry of principal, 521 ADDITION, plea of, want of, 248, note, and 253 ADHERING to the king's enemies, 229 AFFRAY statute of Northampton, 4 none to ride in harness, or with launcegays, ib. definition of the word, 4, note AIDING ESCAPE; see tit." Escape." ANCHORS, receiving stolen, see "Receiving Stolen Goods." ANSWER, in chancery, where perjury cannot be committed in, ARMOUR; see "Stores." ARRAIGNMENT; see "Trial." ARREST; see "Warrant." of clergymen during divine service, 7 ARSON; see also title "Burning." setting fire to a church, chapel, house, or certain build- statute 7 & 8 Geo. 4, c. 30, founded on 43 Geo. 3, c. 58, s. 1-5, note difference between them, ib. at common law, ib. under the statute, 6, note as to the act of burning, ib. as to the venue, ib. as to the species of property, ib. as to the possession, ib. as to the interest, ib. on an indictment for burning B.'s house, fact of burning primâ facie evidence of ASSAULT; see "Smuggling" and "Rescue." attempting to murder by poison or violence, capital, 6 arresting a clergyman during divine service, ib. assaulting officers and others in their endeavours to save with intent to commit felony, 8 on peace officers, ib. in pursuance of a conspiracy to raise wages, ib. on seamen, to prevent them from working, punishable |
