ration must further declare, that the consent of the person or persons whose consent to such Marriage is by Law required* has been given, or (as the case may be) that there is no person whose consent to the Marriage is by Law required. (19 & 20 Vict. c. 119, s. 2.) The Declaration must be signed and subscribed by the party making it in the presence of the SuperintendentRegistrar to whom the notice of Marriage is given, or in the presence of his Deputy, or of some Registrar of Births and Deaths or of Marriages for the District in which the party giving the Notice resides, or of the Deputy of such Registrar, who shall respectively attest the same, by adding thereto his name, description, and place of abode. Without this solemn Declaration no Certificate for Marriage can issue. (19 & 20 Vict. c. 119, s. 2.) Every person knowingly making a false Declaration, or signing a false Notice for the purpose of procuring the Marriage, will be liable to the penalties of perjury. (19 & 20 Vict. c. 119, s. 2.) 2. Where the parties dwell in different Districts in England. If both parties have not dwelt for the last seven days in the same District in England, the like Notice must in that case be given by them, or one of them, to the respective Superintendent-Registrars of the Districts in which they have severally dwelt for the last seven days, and the like Declaration must be made and signed by the party or parties giving such Notice, and the same must be attested as above mentioned. (6 & 7 W. IV. c. 85, s. 4; 19 & 20 Vict. c. 119, 8. 2.) 3. When there is no registered Wesleyan Chapel in the District in which one of the parties dwells. If there be not within the District in which one of the parties dwells any registered Building in which Marriage is *By 4 Geo. IV. c. 76, sect. 16, the Father, if living, of any party under twenty-one years, (such party not being a Widower or Widow,) or, if the Father be dead, the Guardian, and, if no Guardian, the Mother, if unmarried, and, if no Mother unmarried, the Guardian appointed by the Court of Chancery, if any, is the party to give consent. And (section 17).-If the Father be non compos mentis, or the Guardian or Mother be non compos mentis, or in parts beyond the seas, or unreasonably or from undue motives refuse or withhold consent, the person desirous of marrying may apply by Petition to the Court of Chancery. solemnized according to the form of the Wesleyan Methodists, the party giving Notice to the Superintendent-Registrar must at the same time declare, by Indorsement thereon, signed by the party making the Declaration, the following particulars: 1. That the party professes to belong to the body of Christians called [here state the name of the Religious Denomination to which the party making the Declaration belongs]. 2. That the parties in the Solemnization of their Marriage desire to adopt the form of the Wesleyan Methodists. 3. That, to the best of his or her knowledge and belief, there is not within the District in which one of the parties dwells any registered Building in which Marriage is solemnized according to such form. 4. The District nearest to the residence of that party in which a Building is registered wherein Marriage is so solemnized. 5. The registered Building within such District in which the parties intend to solemnize their Marriage. (3 & 4 Vict. c. 72, s. 2; 19 & 20 Vict. c. 119, s. 3.)* After which the Marriage may be solemnized in the registered Building mentioned in such Indorsement. 4. Where the Marriage is to be solemnized in a Chapel out of the District where the parties dwell, provided it be the usual place of Worship of one of them, etc. In this case, the party giving the. Notice must, at the same time, state therein, in addition to the description of the Building in which the Marriage is to be solemnized, that it is the usual place of Worship of one of the parties, and must also state the name of the party whose usual place of Worship it is. (19 & 20 Vict. c. 119, s. 14.) The usual place of Worship, however, must not be situated more than two miles beyond the limits of the *The required Indorsement on the Notice may be in the following Form: -'I, the undersigned and within-named William Hastings, do hereby declare, that I belong to the body of Christians called Wesleyan Methodists, and, in solemnizing an intended Marriage with the within-named Sophia Ann Mitchell, desire to adopt the form, rite, and ceremony of the Wesleyan Methodists; and that, to the best of my knowledge and belief, there is not within the Superintendent-Registrar's District in which [I dwell] or [in which the said Sophia Ann Mitchell dwells] any registered Building in which Marriage is solemnized according to such form, rite, or ceremony; and that the nearest District to [my dwelling place] or [the dwelling place of the said Sophia Ann Mitchell] in which a Building is registered wherein Marriage may be solemnized according to such form, rite, or ceremony, is the District of St. Luke, in the County of Middlesex; and that we intend to solemnize our Marriage in the Registered Building within that District known by the name of the City-Road Chapel. Witness my hand this day of (Signed) WILLIAM HASTINGS, The Italics in this Form to be filled up as the case may be. District in which the Notice of Marriage has been given. (Ibid.) In filling up the form of Notice in the column headed Church or Building in which the Marriage is to be solemnized, the following words must be inserted immediately below the description of the Building: such Building being the usual place of Worship of the said and situated not more than two miles beyond the limits of the District of · naming the District in which the party or parties reside. In this case, the party dwelling in Ireland must give Notice in the mode and form there used in that behalf. (19 & 20 Vict. c. 119, s. 7.) He or she need not give notice in England. But the party residing in England must give the usual Notice. (2.) One in England, and the other in Scotland. In this case no Notice need be given in England by the party residing in Scotland; but in lieu thereof the party so residing must cause Banns to be proclaimed in Scotland. The party residing in England, however, must give the usual Notice in England. 6. Entry of Notice in Marriage-Notice-Book. Every Superintendent-Registrar, if satisfied that the Notice given to him is correct, will file it with the Records of his Office, and forthwith enter a Copy in the Marriage-NoticeBook, for which he will be entitled to the fee of one shilling; (6 & 7 W. IV. c. 85, s. 5; 19 & 20 Vict. c. 119, s. 3;) but neither he nor his Deputy, nor any Registrar or DeputyRegistrar of Marriages, or of Births or Deaths, will be entitled to a fee for attesting the signature of any party giving Notice or making a solemn Declaration. A copy of the solemn Declaration will not be entered in the Marriage-Notice-Book, nor is it liable to any Stampduty. 7. Suspension of Notice in Office of SuperintendentRegistrar. The Superintendent-Registrar to whom Notice of Marriage has been given will then cause the Notice, or a copy thereof, under his hand, to be suspended or affixed in some conspicuous place in the Register-Office of his District during twenty-one successive days next after the day of the entry of such Notice in his Marriage-Notice-Book, before any Marriage shall be solemnized in pursuance of such Notice, in such manner that it may be most easily referred to and read by all persons coming there. (19 & 20 Vict. c. 119, s. 4.) III.—Where the Marriage is to be by Licence. 1. In this case, one of the parties intending_Marriage must give to the Superintendent-Registrar of the District in which he or she has dwelt for fifteen days immediately preceding Notice, signed by him or her, of their intention to marry; and the Notice must specify the particulars required in the case of a Notice for Marriage by Certificate without Licence, (as to which see ante, p. xi,) (6 & 7 W. IV. c. 85, s. 4; 18 & 19 Vict. c. 119, s. 2,) with the exception that the Notice need not state how long each of the parties has resided in his or her dwelling-place, but only how long the party residing in the District in which the Notice is given has so resided. (19 & 20 Vict. c. 119, s. 6.) At the time of giving such Notice, the party giving it must also make or subscribe a solemn Declaration in writing similar to that required when the Marriage is to be by Certificate without Licence, (ante, p. xi,) (19 & 20 Vict. c. 119, s. 2,) except that it will state that one of the parties hath, for the space of fifteen days immediately preceding the giving of Notice, had his or her usual place of abode and residence within the District of the Superintendent-Registrar to whom the Notice shall be given. (19 & 20 Vict. c. 119, s. 2.) The same forms and solemnities with regard to the signature and subscription of the Declaration, and the attestation thereof, are required, as in the case of a Marriage by Certificate without Licence. (Ibid.) (Ante, p. xi.) And the penalties of perjury are in like manner prescribed for a false Notice or Declaration. (Ante, p. xii.) Where the Marriage is by Licence, only one Notice and Declaration are necessary, though both of the parties do not dwell in the same Superintendent-Registrar's District; Notice to the Superintendent-Registrar of the District in which one of the parties resides being sufficient; (19 & 20 Vict. c. 119, s. 6;) and when the parties reside in different Districts, such Notice may (with an exception mentioned in p. xvi) be given by either of them to the SuperintendentRegistrar of either District. 2. But when there is not within the District in which one of the parties dwells any registered Building in which Marriage is solemnized according to the form of the Wesleyan Methodists, the party intending Marriage must, at the time of giving Notice to the Superintendent-Registrar, declare by Indorsement thereon, signed by the party making the Declaration, the same several particulars as are required in similar cases in Marriages by Certificate. (3 & 4 Vict. c. 72; 19 & 20 Vict. c. 119, s. 3.) As they have been set out in pp. xii, xiii, they need not be here repeated. 3. And when the Marriage is to be solemnized in a Chapel being the usual place of Worship of the parties, or one of them, but out of the District where the parties dwell, the same course will be pursued as in the case of a Marriage under those circumstances by Certificate: which see ante, p. xiii. as to But it must be borne in mind, that the usual place of Worship must not be situated more than two miles beyond the limits of the District in which the Notice of the Marriage has been given. ་་་ In this case, if the parties reside in different Districts, the Notice must be given to the Superintendent-Registrar of the District nearest to which the Chapel wherein the Marriage is to be solemnized is situated; so that if, for example, one of the parties lives at Carlisle, and the other at Penzance, and the Marriage is to take place in the usual place of Worship of the latter, the Notice must be given to the Superintendent-Registrar of the Penzance District. This case is the exception referred to in page xv. If each of the parties dwells in a District situated within two miles of the usual place of Worship mentioned in the Notice, Notice may be given by either party to the Superintendent-Registrar of either District. 4. When the Marriage is to be by Licence, the Notice and Declaration are, as in the case of a Marriage by Certificate, (ante, p. xiv,) to be left with the SuperintendentRegistrar, who will enter the former, but not the latter, in his Marriage-Notice-Book. He will be entitled to a fee of one shilling for the entry of the Notice; but neither he nor his Deputy, nor the Registrar of Marriages nor his Deputy, nor any Registrar or Deputy-Registrar of Births or Deaths, will be entitled to a fee for attesting the signature to any Marriage-Notice or solemn Declaration. |