Marriage Law (Ireland) Amendment Act 1863
| Jurisdiction | UK Non-devolved |
| Citation | 1863 c. 27 |
| Year | 1863 |
(26 & 27 Vict.) C A P. XXVII.
[8th June 1863]
'WHEREAS an Act was passed in the Seventh and Eighth Years of the Reign of Her present Majesty, Chapter Eighty-one, intituledAn Act for Marriages in Ireland, and for registering such Marriages ; and it is expedient to alter and amend the Provisions of the said Act, so far as is herein-after provided:' Be it therefore 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, as follows:
1 Notice need not be published before Poor Law Guardians.
1. In case of any Party intending Marriage under the Provisions of the said recited Act or of this Act, no Notice of such intended Marriage shall be read or published before the Guardians of any Poor Law Union inIreland , or be transmitted by any Registrar to the Clerk of any such Guardians.
2 Form of Notice of Marriage to Registrar as in Sched. \(A.)
2. Every Notice of an intended Marriage given to the Registrar under the Provisions of the said recited Act or of this Act shall be in the Form set forth in the Schedule (A.) to this Act annexed, and shall state,—
(1) (1.) The true Name, Surname, Profession, or Condition of each of the Persons intending Marriage:
(2) (2.) The Church, Chapel, or Place of Public Worship which the Persons intending Marriage, or either of them, usually attend:
(3) (3.) The usual Dwelling Place of each of them:
(4) (4.) The Time, not being less than Seven Days, during which each has dwelt therein (unless such Time is more than One Month, in which Case it may be so stated):
(5) (5.) The Church, Chapel, or registered Place of Public Worship, or other Place in which the Marriage is intended to be celebrated (which must be a Place within the District of the Registrar to whom the Notice is given):
(6) (6.) Whether the Marriage is intended to be celebrated by virtue of the Registrar's Certificate, or by virtue of his Licence.
3 Proceedings of Registrar.
3. The Registrar shall then proceed as follows:
(1) (1.) He shall file the Notice so given to him, and keep the same with the Records of his Office;
(2) (2.) He shall forthwith enter a true Copy of the Notice in his Marriage Notice Book (supplied to him by the Registrar General);
(3) (3.) He shall keep this Book open for the Inspection of all Persons at all reasonable Times, without Fee;
(4) (4.) He shall, on the Day on which he shall have received such Notice, or on the following Day at the latest, send by Post, in a registered Letter, a Copy of the Notice, under his Hand,—
To the Minister of the Church, Chapel, or registered Place of Public Worship stated in the Notice as that in which the Marriage is intended to be solemnized; and
To the Minister of the Church, Chapel, or Place of Public Worship which the Parties to the Marriage, or either of them, usually attend;
Or the Registering Officer of the Society of Friends, or Secretary of a Synagogue, by whom respectively the Marriage is to be registered, as the Case may require:
(5) (5.) When the Marriage is intended to be contracted in the Office of the Registrar, he shall, in addition to sending a Copy of the Notice to the Minister of the Church, Chapel, or Place of Public Worship as aforesaid, forthwith suspend a Copy of the Notice on a printed Form properly and legibly filled up, in some conspicuous Place in his Office, and keep the same so suspended,—in the Case of a Marriage intended to be celebrated by virtue of a Certificate, for Twenty-one Days,—and in the Case of a Marriage intended to be celebrated by virtue of a Licence, during Seven Days, next after the Day of Entry of the Notice;
And the Registrar shall be entitled to a Fee of One Shilling for each registered Letter sent by him.
4 Notice of Marriage to be accompanied by a solemn Declaration by One of the Parties as Form in Shed. \(B.)
4. Any Party intending Marriage under the Provisions of this Act shall, at the Time of giving the Registrar the Notice required by this Act, make and sign or subscribe a solemn Declaration in Writing (according to the Form set forth in Schedule (B.) to this Act annexed), that he or she believes that there is no Impediment of Kindred or Alliance or other lawful Hindrance to the said Marriage, and that the Parties to the said Marriage have for the Space of One Month immediately preceding the giving of such Notice usually attended Divine Worship in the Church, Chapel, or Meeting-house named in such Notice, and that the Parties to the said Marriage, in case the Marriage is intended to be had without Licence, have for the Space of Seven Days immediately preceding the giving of such Notice had their usual Place of Abode and Residence within the District of the Registrar or respective Registrars to whom such Notice or Notices, as the Case may be, shall be so given; or, in case such Marriage is intended to be had by Licence, that One of the Parties had for the Space of Fifteen Days immediately preceding the giving of such Notice had his or her usual Place of Abode and Residence within the District of the Registrar to whom such Notice shall be so given; and when either of the Parties intending Marriage, and not being a Widower or Widow, shall be under the Age of Twenty-one Years, the Party making such Declaration shall 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 such Marriage is by Law required; and every Declaration so made as aforesaid shall be signed and subscribed by the Party making the same, in the Presence of the Registrar to whom the Notice of the Marriage is given, who shall attest the same by adding thereto his Name, Description, and Place of Abode; and no Certificate or Licence for Marriage shall be issued or granted pursuant to any such Notice as aforesaid unless the said Notice be accompanied by such solemn Declaration duly made and signed or subscribed and attested as aforesaid, and the Registrar shall file such Declaration, and keep the same with the Records of his Office.
5 Periods for Certificates and Licences.
5. The Registrar shall not in any Case issue a Certificate until after the Expiration of Twenty-one Days, or grant a Licence until after the Expiration of Seven Days, from the Day of Entry of the Notice by him.
6 Registrar General to furnish Registry Books.
6. The Registrar General shall furnish to the Minister of every registered Place of Public Worship in...
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