57. Penalty on failing to keep or deposit such copies. 58. Act may be amended this If the Undertakers fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the Special Act, they shall forfeit Twenty Pounds for every such offence, and also Five Pounds for every day afterwards during which such copy shall be not so kept or deposited. And be it Enacted, That this Act may be amended or repealed by 5 Session. A BIL L To amend the Law of Scotland affecting the [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] 5 W 1. No Marriage, fer provided, valid unless registered. except as HERCAS it is expedient that the Law of Marriage in Preamble. Scotland should be amended as far as the same affects the Constitution of Marriage in that country; Bit Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT from and after the Last day of March One thousand eight hundred and Forty-eight, excepting as hereinafter excepted and provided, no Marriage to be contracted in Scotland shall be valid or 10 effectual unless it shall be registered by the parties contracting the same, in terms of an Act passed in the present Session of Parliament, intituled, "An Act for registering Births, Deaths and Marriages in Scotland," by the said parties appearing in presence of the Registrar, and then and there signing before witnesses the entry of 15 their Marriage in the register, and having the same otherwise registered in the manner provided by the said Act, in the case of the registration of Marriages by the parties themselves contracting Marriage; upon which registration only the Marriage shall be held to be contracted or valid or effectual to any effect or purpose whatever; And 20 it is hereby declared that such registration shall of itself constitute Marriage, and such parties shall thereafter be held and deemed to be married parties to all effects and purposes whatever. 2. Marriages solemnized gyman, &c. not affected. Provided always, and be it Enacted, That nothing herein conbefore a Cler- tained shall affect or be held or construed to affect the validity of any Marriage where the Marriage has been solemnized in presence of a Clergyman, or of a party professing to be acting as, and believed to be a Clergyman, or, in the case of Jews, has been solemnized according to the rites observed by persons professing the Jewish religion, or, in the case of Quakers, according to the rites or form observed by persons belonging to the Society of Friends commonly called Quakers. And be it Enacted, That the word "Clergyman" shall include all 10 Clergymen or Ministers of religion authorized to solemnize Marriage, whether belonging to the Established Church or to any other Church, or to any sect or persuasion, by whatever name or denomination known. And be it Enacted, That this Act may be amended or repealed by 5 any Act to be passed during the present Session of Parliament. A BILL [AS AMENDED BY THE COMMITTEE] To amend the Law of Scotland affecting the 5 [N.B.-The Clauses marked (A.), (B.), (C.), (D.), (E.) and (F.) are proposed to be added by the Committee.] W 1. No Marriage, after provided, valid tered. except as unless regis HEREAS it is expedient that the Law of Marriage in Preamble. Scotland should be amended as far as the same affects the Constitution of Marriage in that country; BC it Enatted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT from and after the Last day of March One thousand eight hundred and Forty-eight, excepting in the case of Jews and Quakers, as hereinafter excepted, no Marriage shall be contracted in Scotland 10 otherwise than by solemnization in presence of a Clergyman, or by registration, in terms of an Act passed in the present Session of Parliament, intituled, "An Act for registering Births, Deaths and Marriages in Scotland," the parties proposing to marry by registration appearing in presence of the Registrar, and then and there signing 15 before witnesses the entry of their Marriage in the register, and having the same otherwise registered in the manner provided by the said Act, in the case of the registration of Marriages by the parties themselves contracting Marriage; upon and by which registration only the Marriage shall be held to be contracted or valid or effectual to any effect or purpose whatever. CLAUSE (A.) Marriage not to be registered, except in cases specified. 10 20 And be it Enacted, That it shall be lawful for the Registrar to register any Marriage in the following cases only, and in none other; first, if the Marriage shall be solemnized in presence of a Clergyman, and registered at the time; or, secondly, if there shall be produced to the Registrar a certificate under the hands of the Clergyman solemnizing 5 the Marriage, that the Marriage was solemnized in his presence, and in the event of such Clergyman not being either the Minister of the parish forming or contained in the district in which such Marriage is to be registered, or usually officiating in some known congregation within such parish, the Registrar before registration shall require the subscription of such Clergyman to such certificate to be attested by the Superintendent Registrar of the district, or the Registrar of the sub-district in which such Clergyman resides or so officiates; or, thirdly, if the contracting parties, one or both of them, being of the Jewish religion, have solemnized their Marriage according to the rites 15 observed by persons professing the Jewish religion, or, being a Quaker or Quakers, have solemnized their Marriage according to the forms or usages observed by persons belonging to the Society of Friends commonly called Quakers, and such Marriage between persons of the Jewish religion shall be certified to the Registrar by the Secretary of the synagogue to which the husband contracting such Marriage shall belong, to have been performed according to such rites, and such Marriage between persons belonging to the Society of Friends shall be certified to the Registrar by the registering officer of the Society to which such persons belong to have been duly performed according to the forms or usages of such Society; or, fourthly, if both, or one at least of the parties intending to contract Marriage shall have been resident within the district for Twenty clear Days previous to the date of registration, and notice shall have been given to the Registrar of such district of their intention to register such Marriage, Ten clear 30 Days previous to the registration, such notice, stating the Christian. names and surnames, and designations or additions and residences of the contracting parties, and in such last case the Registrar receiving such notice shall, within the space of Twenty-four Hours, give notice to the Registrar of the district in which the other contracting party, 35 if resident in another district, shall reside, who shall forthwith ascertain and report to such first-mentioned Registrar whether the statement in such notice be correct; and if it shall appear and be notified that the statement is incorrect, the registration shall not take place; and such notices shall be published in the district, or in both districts (as the case may be), by affixing a copy thereof upon the doors of the parish church, in the same manner as other statutory notices are published, or on some conspicuous place on or near the door or window of the Post-office of the district: Provided always, That it shall be lawful to the Registrar-general, with the approbation of one of Her Majesty's 25 40 |