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hereby required to deposit and keep the same among the Records of the said County, so that Recourse may be had thereto by any Person or Persons interested in the Premises, for the Reception whereof the Sum of Three Pounds Three Shillings shall be paid and no more, and for Inspection and Perusal whereof the Sum of One Shilling and no more shall be paid; and the said Award shall from and after the Delivery thereof to the said Clerk of the Peace be deemed and taken to be enrolled, according to the Directions and within the Meaning of the said first recited Act; and a Copy of the said Award, fairly transcribed in a Book, with and a Copy a proper Map or Plan of the Allotments, shall within the Time thereof depositaforesaid be deposited in the Church of Kew aforesaid, and there ed in the Church be kept in a Tin Box to be provided for that Purpose; and the said Award and Copy thereof, as well as any other Copy of the said Award, or any Part or Parts thereof, which shall be attested by the said Clerk of the Peace or his Deputy, (for every Sheet of which Copy, containing Seventy two Words, Four Pence and no more shall be paid,) shall from time to time and at all times thereafter be admitted and allowed as legal Evidence of the Matters and Things therein contained in all Courts whatsoever.

of Kew,

XXIII. And be it further enacted, That the Commissioner for the Allowance to Time being shall be allowed and paid the Sum of Three Pounds the Commisand Three Shillings and no more, for every Day which he shall sioner, &c. travel or be employed, and actually attend in any Business relating to the Execution of the Powers and Authorities hereby in him reposed, which Sum shall include all his Expences; and that the Surveyor appointed by the said Commissioner shall be paid such Sum or Sums of Money for his Pains, Trouble, Expences and Attendances on the said Commissioner in the Execution of this Act, as the Commissioner shall think just and reasonable.

sions.

XXIV. And be it further enacted, That if any Person or Per- Appeal to the sons, or Body or Bodies Politic or Corporate or Collegiate, shall Quarter Sesthink himself, herself or themselves aggrieved by any Thing done or omitted to be done in pursuance of the said recited Acts or this Act, (other than and except as to such Claims, Matters and Things as shall be ascertained, settled, tried or determined by the Verdict of a Jury, under the Power and Authority hereinbefore contained, or where by any of the Provisions of the said recited Acts or this Act the Determinations, Orders, Acts or Proceedings of the said Commissioner are declared or directed to be final or conclusive,) then and in every such Case he, she or they may appeal to the Justices at the General or Quarter Sessions of the Peace which shall be held for the said County of Surrey, within Four Calendar Months next after the Cause of Complaint shall have arisen, on giving to the said Commissioner, and to the Party or Parties concerned, Ten Days' Notice in Notice. Writing of such Appeal, and of the Matter thereof; and the Justices (not interested in the Premises), at the said General Quarter Sessions, are hereby required to hear and determine the Matter of every such Appeal, and to make such Order, and award such Costs and Damages as to them in their Discretion Costs, shall seem reasonable, and by their Order or Warrant to levy the Costs and Damages which shall be so awarded, by Distress and Sale of the Goods and Chattels of the Party or Parties liable to

pay

final.

pay the same, rendering the Overplus (if any), upon Demand, to the Owner or Owners of such Goods and Chattels, after deducting the reasonable Charges of such Warrant, Distress and Sale; Determination and the Determination of such Justices shall be final and conclusive to all Parties concerned, and shall not be removed or removable by Certiorari, or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster, or elsewhere; but in case such Appeal shall appear to the said Justices to be frivolous, vexatious or without sufficient Foundation, then the said Justices shall award such Costs to be paid by the Appellant or Appellants as to the said Justices in their Discretion shall seem reasonable, and to be levied in Manner aforesaid.

Costs by Appellant.

Auditor of the

Accounts.

XXV. And be it further enacted, That the Accounts of the Commissioner's Commissioner for the Time being, containing a true Statement of all Sums received and expended, or due to him for his own Trouble and Expences, shall, at least once in every Year after the passing of this Act, until such Accounts shall be finally allowed, together with the Vouchers relating to the same, be examined and audited by one of His Majesty's Justices of the Peace for the said County of Surrey, and the Balance by him stated in the Book of Accounts to be kept in the Office of the Clerk to the said Commissioner, and that no Charge or Item in such Accounts shall be binding on the Parties concerned, or be valid in Law, unless the same shall be duly allowed by the said Auditor.

For paying the Expences of this Act.

General
Saving.

Public Act.

XXVI. And be it further enacted, That all the Costs, Charges and Expences of the said Commissioner, and the Allowances to be made to him, and all other incidental Expences attending the obtaining and passing of this Act, and of the valuing, surveying, planning, measuring, dividing and allotting the Lands and Grounds hereby directed to be divided, allotted and inclosed, and of preparing the Award of the said Commissioner, and all other Charges and Expences of carrying this Act and the said first recited Act into Execution, shall be paid by His Majesty, His Successors or Assigns.

XXVII. Saving always, to all and every other Person or Persons, and Body or Bodies Politic, Corporate or Collegiate, and his, her and their Heirs, Successors, Executors and Administrators, (except His Majesty, and the several Persons to whom any Allotment or Allotments shall be made in pursuance of the said first recited Act or this Act, or who shall be entitled to Rights of Common upon the Allotment or Allotments to be awarded for the Enjoyment of such Rights, for in respect of such Rights or Interests as are hereby meant and intended to be barred and destroyed and extinguished, and all Persons respectively claiming under them, or in Remainder after them), all such Right, Estate, Title and Interest as they, every or any of them could or might have had and enjoyed of, in, to or in respect of the Lands hereby directed to be divided and inclosed, in case this Act had not been passed.

XXVIII. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such, by all Judges, Justices and others, without being specially pleaded.

CAP.

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An Act for amending the Laws respecting the Solemnization [18th July 1823.]

of Marriages in England.

THEREAS it is expedient to amend the Laws respecting

W the solemnization of Marriages in England; Be it

enacted by the King'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 First Day of November next ensuing the passing of this Act, so much of an Act passed in the Twenty sixth Year of the Reign of King George 26 G. 2. c.38. the Second, intituled An Act for the better preventing of Clandestine Marriages, as was in force immediately before the passing

of this Act; and also an Act passed in the present Session of 4 G.4. c.17. Parliament, intituled An Act to repeal certain Provisions of an Act passed in the Third Year of His present Majesty, intituled An Act to amend certain Provisions of the Twenty sixth of George the Second, for the better preventing of Clandestine Marriages;' shall be and the same are hereby repealed; save and except repealed. as to any Acts, Matters or Things done under the Provisions of Exceptions. the said recited Acts, or either of them, before the said First Day of November, as to which the said recited Acts shall respectively be of the same Force and Effect as if this Act had not been made; save also and except so far as the said recited Acts, or either of them, repeal any former Act, or any Clause, Matter or Thing therein contained.

II. And be it further enacted, That from and after the First Banns, where, Day of November all Banns of Matrimony shall be published in when and how an audible Manner in the Parish Church, or in some Public published, and Marriage to be Chapel, in which Chapel Banns of Matrimony may now or may solemnized hereafter be lawfully published, of or belonging to such Parish where Banns or Chapelry wherein the Persons to be married shall dwell, published. according to the Form of Words prescribed by the Rubrick prefixed to the Office of Matrimony in the Book of Common Prayer, upon Three Sundays preceding the Solemnization of Marriage, during the Time of Morning Service, or of Evening Service, (if there shall be no Morning Service in such Church or Chapel upon the Sunday upon which such Banns shall be so published,) immediately after the Second Lesson; and whensoever it shall happen that the Persons to be married shall dwell in divers Parishes or Chapelries, the Banns shall in like Manner be published in the Church or in any such Chapel as aforesaid belonging to such Parish or Chapelry wherein each of the said Persons shall dwell; and that all other the Rules prescribed by the said Rubrick concerning the Publication of Banns and the Solemnization of Matrimony, and not hereby altered, shall be duly observed; and that in all Cases where Banns shall have been published, the Marriage shall be solemnized in one of the Parish Churches or Chapels where such Banns shall have been published, and in no other Place whatsoever.

III. And be it further enacted, That the Bishop of the Diocese, Bishop, with with the Consent of the Patron and the Incumbent of the Church Consent of

of the Parish in which any public Chapel, having a Chapelry Patron and In

thereunto

cumbent, may

authorize Pub

lication of Banns in any Public Chapel.

Notice to be placed in such Chapel.

Provisions relative to Marriage Re. gisters extended to Chapels so authorized as aforesaid.

Book to be pro-
vided for the

Registration of
Banns, &c.

Notice of
Names and

of Abode of

Parties to be given to Minister.

thereunto annexed, may be situated, or of any Chapel situated in an Extra parochial Place, signified to him under their Hands and Seals respectively, may authorize, by Writing under his Hand and Seal, the Publication of Banns and the Solemnization of Marriages in such Chapel for Persons residing within such Chapelry or Extra parochial Place respectively; and such Consent, together with such written Authority, shall be registered in the Registry of the

Diocese.

IV. Provided always, and be it enacted, That in every Chapel in respect of which such Authority shall be given as aforesaid, there shall be placed in some conspicuous Part of the Interior of such Chapel a Notice in the Words following: "Banns may be published and Marriages solemnized in this Chapel."

V. Provided always, and be it further enacted, That all Provisions now in force, or which may hereafter be established by Law, relative to providing and keeping Marriage Registers in any Parish Churches, shall extend and be construed to extend to any Chapel in which the Publication of Banns and Solemnization of Marriages shall be so authorized as aforesaid, in the same Manner as if the same were a Parish Church; and every thing required by Law to be done relative thereto by the Churchwardens of any Parish Church shall be done by the Chapelwarden or other Officer exercising analogous Duties in such Chapel.

VI. And be it further enacted, That on or before the said First Day of November, and from time to time afterwards as there shall be Occasion, the Churchwardens and Chapelwardens of Churches and Chapels wherein Marriages are solemnized, shall provide a proper Book of substantial Paper, marked and ruled respectively in Manner directed for the Register Book of Marriages; and the Banns shall be published from the said Register Book of Banns by the officiating Minister, and not from loose Papers, and after Publication shall be signed by the officiating Minister, or by some Person under his Direction.

VII. Provided always, and it is hereby further enacted, That no Parson, Vicar, Minister or Curate shall be obliged to publish Place and Time the Banns of Matrimony between any Persons whatsoever, unless the Persons to be married shall, Seven Days at the least before the Time required for the first Publication of such Banns respectively, deliver or cause to be delivered to such Parson, Vicar, Minister or Curate, a Notice in Writing, dated on the Day on which the same shall be so delivered, of their true Christian Names and Surnames, and of the House or Houses of their respective Abodes within such Parish or Chapelry as aforesaid, and of the Time during which they have dwelt, inhabited or lodged in such House or Houses respectively.

How far Ministers not punishable for marrying Minors without Consent; in what case

Publication of
Banns void.

VIII. Provided always, and be it enacted by the Authority aforesaid, That no Parson, Minister, Vicar or Curate, solemnizing Marriages after the First Day of November next, between Persons both or one of whom shall be under the Age of Twenty one Years, after Banns published, shall be punishable by Ecclesiastical Censures for solemnizing such Marriages without Consent of Parents or Guardians, unless such Parson, Minister, Vicar or Curate shall have Notice of the Dissent of such Parents or Guardians; and in case such Parents or Guardians, or one of

them,

of Banns ne

cessary.

7

them, shall openly and publicly declare or cause to be declared, in the Church or Chapel where the Banns shall be so published, at the Time of such Publication, his, her or their Dissent to such Marriage, such Publication of Banns shall be absolutely void. IX. And be it further enacted, That whenever a Marriage shall In what case not be had within Three Months after the complete Publication Republication of Banns, no Minister shall proceed to the Solemnization of the same until the Banns shall have been republished on Three several Sundays, in the Form and Manner prescribed in this Act, unless by Licence duly obtained according to the Provisions of this Act. X. And it is hereby further enacted, That no Licence of Marriage shall, from and after the said First Day of November, be granted by any Archbishop, Bishop, or other Ordinary or Person having Authority to grant such Licences, to solemnize any Marriage in any other Church or Chapel than in the Parish Church or in some Public Chapel of or belonging to the Parish or Chapelry within which the usual Place of Abode of One of the Persons to be married shall have been for the Space of Fifteen Days immediately before the granting of such Licence.

Licences to
marry in
Parish wherein
One Party re-
sided for 15
Days before.

Church, &c. of

Where Caveat entered no Li

cence to issue till Matter

examined by

XI. And be it further enacted, That if any Caveat be entered against the Grant of any Licence for a Marriage, such Caveat being duly signed by or on the Behalf of the Person who enters the same, together with his Place of Residence and the Ground of Objection on which his Caveat is founded, no Licence shall Judge. issue till the said Caveat, or a true Copy thereof, be transmitted to the Judge out of whose Office the Licence is to issue, and until the Judge has certified to the Register that he has examined into the Matter of the Caveat, and is satisfied that it ought not to obstruct the Grant of the Licence for the said Marriage, or until the Caveat be withdrawn by the Party who entered the same. XII. Provided always, and be it further enacted, That all Parishes, where Parishes where there shall be no Parish Church or Chapel be- no Church or longing thereto, or none wherein Divine Service shall be usually Extra paroChapel, and solenmized every Sunday, and all Extra parochial Places whatever, chial Places, having no Public Chapel wherein Banns may be lawfully published, deemed to shall be deemed and taken to belong to any Parish or Chapelry belong to any next adjoining, for the Purposes of this Act only; and where adjoining Banns shall be published in any Church or Chapel of any Parish Parish, &c. or Chapelry adjoining to any such Parish or Chapelry where there shall be no Church or Chapel, or none wherein Divine Service shall be solemnized as aforesaid, or to any Extra parochial Place as aforesaid, the Parson, Vicar, Minister or Curate publishing such Banns shall, in Writing under his Hand, certify the Publication thereof in the same Manner as if either of the Persons to be married had dwelt in such adjoining Parish or Chapelry.

Churches are demolished or under Repair Banns to be

XIII. Provided always, and be it further enacted and declared, Where That if the Church of any Parish, or Chapel of any Chapelry, wherein Marriages have been usually solemnized, be demolished in order to be rebuilt, or be under Repair, and on such Account be disused for public Service, it shall be lawful for the Banns to be proclaimed in a Church or Chapel of any adjoining Parish or Chapelry in which Banns are usually proclaimed, or in any Place within the Limits of the Parish or Chapelry which shall be licensed adjoining by the Bishop of the Diocese for the Performance of Divine Ser- Parish, &c.

4 GEO. IV.

3 A

vice

proclaimed in a Church or Chapel of an

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