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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/ma1846159.txt

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MARRIAGES (IRELAND) ACT 1846

MARRIAGES (IRELAND) ACT 1846 - LONG TITLE

An Act to amend the Act for Marriages in Ireland, and for
registering such Marriages.{1}
[26th August 1846]
Preamble, which recites the Marriages (I) Act 1844 (c.81), rep. by
SLR 1891[

MARRIAGES (IRELAND) ACT 1846 - SECT 1
In case of marriages intended to be solemnized in Ireland between
parties one of whom resides in England, notice to be given to
registrar of the district in England where the party has resided
seven days preceding, &c.

1.] In any case of a marriage intended to be solemnized in Ireland
between parties one of whom shall be resident in England, such
party so resident in England shall give notice in the form used in
England in that behalf, or to the like effect, to the
superintendent registrar of the district within which such party
shall have dwelt for not less than seven days then next preceding,
and shall state therein the name and surname and the profession or
condition of each of the parties intending marriage, the dwelling
place of each of them, and the time, not being less than seven
days, during which each has dwelt therein, and the church or other
building in which the marriage is to be solemnized, provided that
if either party shall have dwelt in the place stated in the notice
more than one calendar month, it may be stated therein that he or
she hath dwelt there one month and upwards; and such notice shall
be dealt with in such manner, and such certificate shall be given
by such registrar in such manner, as is prescribed in the Marriage
Act, 1836, provided that in such case such certificate shall not be
issued before the expiration of seven days from the entry of such
notice as aforesaid; and from and after the expiration of seven
days from the issuing of such certificate the production of the
same to the person duly authorized under the provisions of the said
first-recited Act to grant a licence for marriage in such case
shall be as valid and effectual to all intents and purposes for
authorizing such person to grant a licence for marriage, and such
certificate shall be as valid and effectual for all other purposes
under the provisions of the said first-recited Act, as any
certificate of a registrar of a district in Ireland would be under
the said Act if such party giving such notice were resident within
such district in Ireland and the other party to such intended
marriage were also resident within another registrar's district in
Ireland.

MARRIAGES (IRELAND) ACT 1846 - SECT 2
Where one of the parties shall be resident in Scotland, a
certificate of the banns having been published in the congregation
of which the party is a member shall be obtained from the
minister, and shall authorize the grant of a licence under 1844
c.81.

2. In the case of a marriage intended to be solemnized in Ireland
between parties one of whom shall be resident in Scotland, it shall
be lawful for such party to obtain from the minister of the
congregation in Scotland of which he or she shall be a member for
at least one calendar month preceding a certificate under his hand
that banns of such intended marriage of such parties have been duly
published or proclaimed in such congregation on three several
Sundays; and from and after the expiration of seven days from the
granting of such certificate the production of such certificate to
the person duly authorized in Ireland under the provisions of the
said first-recited Act to grant a licence for marriage in such case
shall be as valid and effectual to all intents and purposes for
authorizing such person to grant a licence for marriage, and such
certificate shall be as valid and effectual for all other purposes
under the provisions of the said recited Act, as any certificate of
a registrar of a district in Ireland would be under the said Act
if such party giving such notice were resident within such district
in Ireland, and the other party to such intended marriage also were
resident within another registrar's district in Ireland.

MARRIAGES (IRELAND) ACT 1846 - SECT 3
Provision as to parishes having no parish church, &c., and extra
parochial places.

3. Recital of 1844 c.81 s.2 rep. by SLR 1891. All parishes where
there shall be no parish church or chapel belonging thereto, or
none wherein divine service shall be usually solemnized every Sunday,
and all extra-parochial places whatever having no public chapel
wherein banns may be lawfully published or marriage celebrated, shall
be deemed and taken to belong to any parish or chapelry having
such church or chapel next adjoining, for the purposes of the said
recited Act and this Act only; and where banns shall be published
in any church or chapel of any parish 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, and act in all things in
the same manner as if either of the persons to be married had
dwelt in such adjoining parish or chapelry.

MARRIAGES (IRELAND) ACT 1846 - SECT 4
When parish church is in ruins, or under repair, &c. banns may be
proclaimed and marriages celebrated in an adjoining parish, &c.

4. If the church of any parish, or chapel of any chapelry, wherein
marriages may have been usually solemnized, be in ruins, or be
demolished in order to be rebuilt, or for any other cause, or be
under repair, and on such account or for any other reason be
disused for public service, it shall be lawful for banns to be
proclaimed and marriages to be celebrated in a church or chapel of
any adjoining parish or chapelry in which banns are usually
proclaimed or marriage is usually celebrated, or in any place within
the limits of the parish or chapelry which shall be licensed by
the ordinary of the diocese for the performance of divine service
during or by reason of the repair or rebuilding or disuse of the
church as aforesaid; and where no such place shall be so licensed,
then during such period as aforesaid the marriage may be solemnized
in the adjoining church or chapel wherein the banns have been
proclaimed, or which shall have been specified in the licence; ....

S.5 rep. by SLR 1875


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URL: http://www.bailii.org/nie/legis/num_act/ma1846159.txt