Marriages (Ireland) Act 1844

JurisdictionUK Non-devolved
Citation1844 c. 81
Anno Regni VICTORI, Britanniarum Regin,Septimo & Octavo. An Act for Marriages inIreland ; and for registering such Marriages.

(7 & 8 Vict.) C A P. LXXXI.

[9th August 1844]

'WHEREAS it is expedient to amend the Law of Marriages inIreland , and to provide the Means for a Register of the Marriages of Her Majesty's Subjects in that Part of the United Kingdom:' Be it 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 after the Thirty-firstDay ofMarch in the Year One thousand eight hundred and forty-five all the Rules prescribed by the Rubrick concerning the solemnizing of Marriages shall continue to be duly observed, except as herein-after provided, by every Person in Holy Orders of the United Church of England and Ireland who shall solemnize any Marriage in Ireland : Provided always, that the giving of Notice to the Registrar and the Issue of the Registrar's Certificate for Marriage without Licence, as herein-after mentioned, may be used and shall stand instead of the Publication of Banns, to all Intents and Purposes, where no such Publication shall have been made; and every Person in Holy Orders of the United Church ofEngland and Ireland shall be bound to solemnize Marriage on Production of such Certificate, in like Manner as he is required to do by any Law or Canon now in force, after due Publication of Banns, so nevertheless that the Church wherein any Marriage according to the Rites of the United Church of England and Ireland shall so be solemnized shill be within the District of the Registrar by whom such Certificate as aforesaid shall have been issued.

S-II Not to affect the Right of granting Special Licences.

II Not to affect the Right of granting Special Licences.

II. And be it enacted, That nothing in this Act contained shall affect the Right of the Archbishop ofArmagh and his Successors, and his and their proper Officers, to grant Special Licences to marry at any convenient Time or Place, or, except as herein-after provided, the Right of any Surrogate or other Personnow having Authority to grant Licences for Marriage; provided that no Surrogate or other Person now having Authority to grant Licences for Marriages shall grant any Licence for Marriage, not being a Special Licence, until Seven Days after Notice shall have been given by one of the Parties who shall have resided for not less than Seven Days then next preceding in the Parish named in that Notice, under his or her Hand, in the Form of Schedule (A.) to this Act annexed, or to the like Effect, to such Surrogate or other Person having Authority to grant Licences as aforesaid, which Notices he shall file and keep with the Recordsof his Office, and he shall also forthwith enter a true Copy of such Notices fairly in a Book to be for that Purpose furnished to him by the Registrar General herein-after mentioned, to be called ‘The Marriage Notice Book,’ which Book shall be open at all reasonable Times, without Fee, to all Persons desirous of inspecting the same; and such Surrogate or other Person shall forthwith send a Copy of such Notice to the Incumbent or Incumbents of the Parish or Parishes in which the Partiesintending Marriage dwell; and for entering every such Notice the Surrogate or other Person shall be entitled to have a Fee of One Shilling over and above the accustomed Fee for granting the Licence;and after the said Thirty-first Day ofMarch no Person applying for any such Licence shall be required to give any Security by Bond or otherwise before the Grant of such Licence; and whenever a Marriageshall not be had within Three Calendar Months after the Notice shall have been so given to the Surrogate or other Person as aforesaid, the Notice, and any Licence which may have been granted thereupon, shall be utterly void.

S-III Roman Catholic Marriages not affected.

III Roman Catholic Marriages not affected.

III. And be it enacted, That nothing in this Act contained shall affect any Marriages by any Roman Catholic Priest which may now be lawfully celebrated, nor extend to the Registration of any Roman Catholic Chapel, but such Marriages may continue to be celebrated in the same Manner and subject to the same Limitations and Restrictions as if this Act had not been passed.

S-IV Marriages between Parties, one or both of whom are Presbyterians, may be solemnized in certified Meeting Houses.

IV Marriages between Parties, one or both of whom are Presbyterians, may be solemnized in certified Meeting Houses.

IV. And be it enacted, That Marriages between Parties, both of whom are Presbyterians, may be solemnized according to the Forms used by Presbyterians, either by the Licence of a Presbyterian Minister, or by Publication of Banns, as herein-after respectively mentioned, in Meeting Houses to be certified as Herein-after mentioned, between the Hours of Eight in the Morning and Two in the Afternoon, with open Doors, and in the Presence of Two or more credible Witnesses; and Marriages between Parties, of whom one only is a Presbyterian, may be solemnized according to the same Forms, by such Licence of a Presbyterian Minister, in such Meeting Houses, between the same Hours, with open Doors, and in the Presence of Two or more credible Witnesses; provided that in either Case there be no lawful Impediment to the Marriage of such Parties.

S-V Banns to be published in Cases where both of the Parties to be married are Members of Presbyterian Congregations.

V Banns to be published in Cases where both of the Parties to be married are Members of Presbyterian Congregations.

V. And be it enacted, That after the said Thirty-first Day ofMarch , in every Case in which a Marriage shall be proposed to be solemnized by a Presbyterian Minister between Two Presbyterians, otherwise than by Licence, Banns of Matrimony shall be published by or in the Presence of a Presbyterian Minister in the Presbyterian Meeting House, certified as herein-after is mentioned, frequented by the Congregation of which the Parties to be married shall be Members, upon Three Sundays preceding the Solemnization of the Marriage, during the Time of Divine Service, and any such Marriage by a Presbyterian Minister shall be solemnized in such Meeting House, and not elsewhere; and whenever it shall happen that the Parties to be married by a Presbyterian Minister shall be Members of different Congregations the Banns shall in like Manner be published in the certified Presbyterian Meeting House frequented by the Congregation of which each of the Parties to be married shall be a Member; and in every such last-mentioned, Case of Publication of Banns the Presbyterian Minister by or in whose Presence such Banns shall be published shall, in Writing under his Hand, certify the Publication thereof; and any such Marriage by a Presbyterian Minister shall be solemnized in one of the certified Presbyterian Meeting Houses where such Banns shall have been published, and in no other Place whatsoever; and before such Marriage shall be solemnized the Certificate of the Presbyterian Minister by whom or in whose Presence the Banns shall have been published in the other certified Meeting House shall be delivered to the Presbyterian Minister solemnizing such Marriage.

S-VI Names, Places of Abode, &c. of Parties to be given to the Minister Six Days before Publication of Banns.

VI Names, Places of Abode, &c. of Parties to be given to the Minister Six Days before Publication of Banns.

VI. And be it enacted, That no Presbyterian Minister shall publish or allow to be published any Banns of Matrimony in any Presbyterian Meeting House of which he is Minister, unless the Persons to be married shall, Six Days at the least before the Time required for the first Publication of such Banns, deliver or cause to be delivered to such Presbyterian Minister a Notice in Writing of their true Christian and Surnames, and of the Congregation or Congregations of which they shall respectively be Members, and of the House or Houses of their respective Abodes, and of the Time during which they have dwelt, inhabited, or lodged in such House or Houses respectively.

S-VII Each Presbytery to appoint Ministers to certify Meeting Houses.

VII Each Presbytery to appoint Ministers to certify Meeting Houses.

VII. And be it enacted, That each Presbytery of Presbyterians inIreland may from Time to Time, subject to the Approbation of the Lord Lieutenant, appoint One or more Ministers, who shall certify to the Registrar herein-after mentioned that the Meeting House to be described in every such Certificate is within such Presbytery, and is used as a Place of public Religious Worship by Presbyterians in connection with such Presbytery; and such Minister shall deliver to the Registrar such Certificate, signed in Duplicate by him; and the Registrar shall send both Certificates to the Registrar General, who shall cause such Meeting House to be registered accordingly in a Book to be kept for that Purpose at the General Register Office herein-after mentioned; and the Registrar General shall cause to be endorsed on both Certificates the Date of the Registry, and shall keep one Certificate with the other Records of the General Register Office, and shall return the other Certificate to the Registrar, who shall keep the same with the other Records of his Office; and the Registrar shall enter the Date of the Registry of such Meeting House in a Book to be furnished to him for that Purpose by the Registrar General, and shall give a Certificate of such Registry, under his Hand, on Parchment or Vellum, to the Minister by whom the Certificates shall have been signed, and shall give public Notice of the Registry thereof by Advertisement in some Newspaper circulating within the County, and in theDublin Gazette ; and for every such Entry, Certificate, and Publication the Registrar shall receive at the Time of Delivery to him of the...

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