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of banns and
such consent as is necessary for marriage; and generally where the objection sets forth any legal impediment to a marriage between them, the registrar shall suspend the issuing of his certificate until there shall be produced to him a certified copy of a judgment of a competent court of law to the effect that the parties are not in respect of the said objection disqualified from contracting such marriage. 11. For the purposes of this Act a certificate from a session clerk Certificates of of the due publication of banns, and a registrar's certificate granted proclamation under this Act, shall be of equal authority in authorising a minister, of notice to clergyman, or priest in Scotland to celebrate a regular marriage, and registrars to be such marriage may be celebrated upon the production either of a of equal certificate or certificates of due proclamation of banns, or of a registrar's certificate or registrars' certificates applicable to both parties, or a certificate of due proclamation of banns in the case of one of the parties, and of a registrar's certificate in the case of the other: Provided always, that whenever a marriage shall not take place within three months of the date of such registrar's certificate as aforesaid, such certificate shall be utterly void: And provided further, that no minister of the Church of Scotland shall be obliged to celebrate a marriage not preceded by due proclamation of banns.
12. Any person otherwise entitled to celebrate a marriage who Penalties for shall celebrate a marriage in Scotland with a religious ceremony celebrating without having produced or exhibited to him a certificate or certifi- marriages cates of the due proclamation of banns or a registrar's certificate or cates. registrars' certificates applicable to both parties, or a certificate of due proclamation of banns in the case of one of the parties and a registrar's certificate in the case of the other, shall be guilty of an offence under this Act, and shall on conviction thereof be liable to a penalty not exceeding fifty pounds.
Offences under this section may be prosecuted before the sheriff or sheriff substitute under the provisions of the Summary Procedure Act, 1864, but only at the instance of the procurator fiscal.
13. A registrar who shall wilfully grant a registrar's certificate Issuing of a to any person, without complying with all the requirements of this certificate Act in regard to the conditions on which and the time when the in terms of this same may be granted, shall be guilty of an offence under this Act, Act to be an and shall on conviction be liable to a fine not exceeding twenty-five offence. pounds or to be imprisoned for a period not exceeding one month, and to be deprived of his office.
Offences under this section may be prosecuted before the sheriff or sheriff substitute under the provisions of the Summary Procedure Act, 1864, at the instance of the procurator fiscal of the county.
under this Act
14. Every person who shall wilfully make or sign any false False declaradeclaration, or sign or give any false notice of an intended marriage, tions, &c. or who shall wilfully state any false objection to a marriage, or to be punished wilfully make any false declaration relative to an objection to a as perjury. marriage under the provisions of this Act, shall be deemed in law to be guilty of the crime of perjury, and shall on conviction suffer the penalties attached by law to the crime of perjury.
15. The Registrar General shall, on or before the commencement Registrars to of this Act, and thereafter from time to time as may be necessary, be provided furnish or cause to be furnished to every registrar of a parish or "Th Marriage Notice
district in Scotland
a book to ha
with books, &c.
Persons unable to write may sign by a mark.
The schedules to be part of the Act.
As to altera
tion of regulations for pro
clamation of banns.
Sections 7, 17.
Book," prepared in such form as the Registrar General, having regard to the form of notice prescribed by this Act, shall see fit; and (2) such a number as he shall think sufficient and necessary of forms of notice and of public notice of intended marriages, and of certificates and of all other forms necessary to be supplied to the registrars for the purposes of this Act, printed on paper of such shape, size, and quality as the Registrar General shall think most convenient for the purposes of this Act and the service of his department, and the expenses of providing and printing the same shall be defrayed in the manner provided in the Act of the seventeenth and eighteenth years of Her present Majesty, chapter eighty, intituled " An Act to provide for the "better Registration of Births, Deaths, and Marriages in Scotland." The Registrar General may, with the approval of one of Her Majesty's Principal Secretaries of State, from time to time prescribe rules for the discharge of their duties by registrars under this Act, and as to the hours during which they shall be bound to give attendance for the purposes of this Act, and a copy of all such rules Ishall be laid before both Houses of Parliament within six weeks after the same are approved of, or if Parliament be not then sitting, within one month of the beginning of the next session of Parliament. 16. Any person unable to write may duly subscribe any notice, declaration, or other writ under this Act, by adhibiting thereto a cross or other mark in the presence of the registrar, or two witnesses, provided the registrar or witnesses shall duly subscribe a declaration relative to such cross or mark as having been so adhibited by such person in their presence.
17. The schedules to this Act, and all directions therein contained or specified, or thereto appended, shall be of the same force and effect as if the same were enacted in the body of this Act.
18. Nothing contained in any statute, law, or custom shall prevent the Church of Scotland as by law established from altering the existing regulations as to proclamation of banns of marriage, and in particular from shortening to any period not less than fifteen clear days the period of residence required in order to such proclamation.
FORM NO. 1 [applicable to the case of notices by parties residing in different parishes or districts or giving separate notices]. NOTICE OF MARRIAGE.-(Pursuant to the Marriage Notice
(Scotland) Act, 1878.)
To the Registrar of the parish (or district) of
I [here insert the name of the person giving notice] give you notice that I and the other person herein named are about to contract marriage; (that is to say,)
† State whether the person is a bachelor or spinster, widower or widow. N.B. The Schedule must set forth all the particulars indicated in regard, first, to the person giving the notice, and, second, to the person with whom the person giving the
And I solemnly declare that I believe there is no impediment of consanguinity or affinity or of age or other lawful hindrance to the said marriage, and that I have had my usual place of abode and residence for the space of fifteen days immediately preceding the date of this notice within the above-mentioned parish (or district) of
And this I declare, knowing that if the declaration is false I expose myself to the penalties of perjury. In witness whereof I have hereunto set. and subscribed my hand, this day of
Subscribed and declared by the above-named in the presence of us, the undersigned householders in the above-mentioned parish (or district), who declare that we believe the statements contained in this notice to be true.
A.B. [name and designation] Witness.
FORM NO. 2 [applicable to the case of parties residing in the same parish or district and giving a single notice].
NOTICE of MARRIAGE.—(Pursuant to the Marriage Notice
(Scotland) Act, 1878.)
To the Registrar of the parish (or district) of
We [here insert the names of the persons giving notice] give you notice that we the persons herein named are about to contract marriage; (that is to say,)
And we solemnly declare that we believe there is no impediment of consanguinity or affinity or of age or other lawful hindrance to the said marriage, and that we have had our usual place of abode and residence for the space of fifteen days immediately preceding the date of this notice within the above-mentioned parish (or district) of
And this we declare, knowing that if the declaration is false we expose ourselves to the penalties of perjury. In witness whereof we have hereunto set and subscribed our hands, this day of
Subscribed and declared by the above-named in the presence of us the undersigned householders in the above-mentioned parish (or district), who declare that we believe the statements contained in this notice to be true.
A.B. [name and designation] Witness.
State whether the person is a bachelor or spinster, widower or widow.
Sections 8, 17.
(Pursuant to the Marriage Notice (Scotland) Act, 1878.) NOTICE has this day been received at this office of marriage as intended to be contracted between the following persons; that is to say,
and Between II.
A.B. [here give name and surname, condition, rank, or profession, and place of residence of intending husband], and
C.D. [here give name and surname, condition, rank, or profession, and place of residence of intending wife].
E.F. [here insert same particulars as above], and
All objections to certificates being granted authorising the celebration of these marriages, or any of them, [or of this marriage, when there is only one notice,] must be lodged with the registrar in writing within seven days from this date by the objector, who must appear personally to declare to the truth thereof.
[Date of Notice.]
* One public notice in this form may be made to include all the notices of marriage received at the office in the same day.
Sections 9, 17.
(Pursuant to the Marriage Notice (Scotland) Act, 1878.) FORM NO. 1 [applicable to the case of the parties residing in different parishes or districts].
hereby certify that on the
I [M.N.] Registrar of day of 18 A.B. [here give name, surname, condition, rank, or profession, and place of residence of A.B.,] duly gave notice to me of his [or her] intended marriage to C.D. [give name, surname, condition, &c., of C.D.], that all the requirements of law in respect of such notice, so far as the said A.B. is concerned, have been complied with, and no objection stated [or, written statement of objections lodged with me, as the case may be]. Certified by me the said M.N., this
day of (Signed) M.N., Registrar.
FORM No. 2 [applicable to the case of the parties residing in the same parish or district].
I [M.N.] Registrar of
hereby certify that on the
18 C.D. [here give name, surname, condition, rank, or profession, and place of residence of C.D.] duly gave notice to me of their intention to contract marriage with each other, and that all the requirements of law in respect of such notices have been complied with, and no objections stated [or, written objections lodged with me, as the case may be.
Certified by me the said M.N., this
I hereby solemnly declare that the facts as stated by me in the written statement of objections to the marriage intended between A.B. and C.D., on which this declaration is indorsed, are true to the best of my knowledge and belief, and I make this declaration knowing that if the declaration is false I expose myself to the penalties of perjury.
P. Q., Objector. and subscribed in my in my office. M.N., Registrar.
An Act to make provision for the foundation of a Dean and Chapter for the Bishopric of Truro, and for the transfer to the Cathedral Church of Truro of one of the Canonries in the Cathedral Church of Exeter; and for other purposes connected therewith.
[8th August 1878.]
Sections 10, 17.
HEREAS by the Bishopric of Truro Act, 1876, the Truro 39 & 40 Viet. Bishopric Endowment Fund is to be held by the Ecclesias- c. 54. tical Commissioners for England (in this Act referred to as the Ecclesiastical Commissioners) upon trust to provide the income therein mentioned and a residence for the Bishop of Truro, and subject thereto for the foundation of a dean and chapter for the bishopric, in such manner as may be from time to time provided by Order in Council:
And whereas it is expedient to make further provision with reference thereto, and to transfer to the cathedral church of Truro, for the endowment of the chapter thereof, one of the canonries in the cathedral church of Exeter:
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. This Act may be cited as the Truro Chapter Act, 1878.
2. When a canonry in the cathedral church of Exeter (other than Transfer of the one held by the Archdeacon of Exeter) first becomes vacant canonry in after the passing of this Act, then at the expiration of twelve cathedral of months after the quarter day which next follows such vacancy---(1.) The canonry so vacant shall be annexed to the archdeaconry of Exeter, and, save as regards the charge in favour of the archdeaconry of Cornwall, shall be subject to the same laws and customs, particularly those in respect of the income ceasing on the death of the canon, as the canonry is subject to which at the date of the vacancy is annexed to the archdeaconry of Exeter; and
(2.) The canonry which at the said date is annexed to the archdeaconry of Exeter shall be vacated by the person then archdeacon of Exeter, and shall be suspended, and the endowment thereof, with the exception of the house attached thereto, shall be transferred to the dean and