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Statutes of Northern Ireland |
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MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - LONG TITLE An Act to amend the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870. [13th July 1871] Short title. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 1 1. This Act may be cited for all purposes as "The Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1871," and "The Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870," and this Act, may be cited together for all purposes as "The Matrimonial Causes and Marriage Law (Ireland) Amendment Acts, 1870 and 1871." MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 2 Construction. 2. This Act and the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, so far as the same is not inconsistent with this Act, shall be construed together as one Act. Ss.320 rep. by SLR 1883; SLR 1893 (No.2); 1913 c.27 s.20 sch. Pt.II; 1946 c.13 (NI) s.16(3) sch.; SLR (NI) 1954; 1978 c.23 s.122(2) sch.7 Pt.I. S.21 amends s.37 of 1870 c.110 MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 22 A certificate to be produced in all cases of marriages by special license. 22. In all cases of marriages which may be legally solemnized under the authority of a special license granted in pursuance of the provisions of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, the parties about to contract any such marriage shall produce to the clergyman or minister celebrating the marriage, or, in case the parties are members of the Society of Friends, to the registering office of the said Society of Friends for the district in which the same is intended to be solemnized, a certificate according to the form in the schedule hereunto annexed, or to the like effect, which certificate shall be procured by the parties contracting the marriage previous to its solemnization, from the registrar of the district within which such marriage is intended to be solemnized, who shall be bound to fill up the said form, and which certificate shall be signed by the parties contracting the marriage and by the witnesses present thereat, not being less than two, and also by the said clergyman, minister, or registering officer; and the parties contracting the marriage shall within three days thereafter either deliver or send by post such certificate to the Registrar General of Marriages; and the husband shall, in case of failure so to deliver or send such certificate, be liable in a penalty not exceeding ten pounds, to be recovered in manner provided by the Registration of Marriage (Ireland) Act, 1863, for the recovery of penalties. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 23 Particulars of certificates to be entered in register books. 23. Every registrar, on receipt of any such certificate, shall forthwith enter the particulars thereof in the register book: Provided always, that if any error shall be discovered to have been committed in the entry of marriage in any register, the person discovering the same shall forthwith give information thereof to the justice or justices at the petty sessions of the district within which such marriage shall have been solemnized ...; and it shall be lawful for the said justice or justices, and they are hereby authorized and required, thereupon, or upon otherwise coming to the knowledge of such erroneous entry, to summon before them the person who made and any person concerned in making such erroneous entry or having any knowledge regarding the same, and also any person interested in the effect of such erroneous entry, and to examine all such persons on oath; and if the said justice or justices shall be satisfied that any error has been committed in any such entry, such justice or justices shall, by authority in writing under his or their hands, direct the registrar to correct the erroneous entry; and it shall be lawful for the registrar, and he is hereby required, thereupon to correct the erroneous entry according to the truth of the case by entry in the margin, without any alteration of the original entry; and such marginal entry shall contain a reference to the deposition upon which the said justice or justices directed the correction to be made, and shall be dated on the day on which it is made, and signed by the parties applying for the correction, and by the registrar; and in every case the registrar shall make the like alteration in the certified copy of the register book; provided that in case such certified copy shall have been already made, he shall make and deliver in like manner a separate certified copy of the original erroneous entry and of the marginal correction made therein. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 24 Marriages by special license under 1870 c.110 valid. 24. All marriages legally solemnized under the authority of special licenses granted in pursuance of the provisions of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, shall be deemed to be and shall be valid and effectual to all intents and purposes. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 25 Persons may be nominated to issue licenses for marriage in the Roman Catholic Church. 25. Every bishop of the Roman Catholic Church may, by writing under his hand, nominate persons to issue licenses for marriage in cases where both or either of the parties intending to intermarry are or is a Roman Catholic: Provided that when only one of the parties is a Roman Catholic, notice in writing shall be given by one of the parties to the person empowered to issue such licenses seven days before the license shall issue; and the person receiving such notice shall forthwith send by post a copy thereof to the clergyman officiating at the places of worship where the parties intending marriage have been in the habit of attending. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 26 Power to issue licenses for mixed marriage. 26. Any person who, under the provisions of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, is or shall be empowered to issue licenses for marriage, may issue such licenses in cases where only one of the parties intending to intermarry is a Protestant Episcopalian, in the same manner and subject to the same rules as are therein prescribed in cases where both the parties are Protestant Episcopalians; and any license heretofore or hereafter issued under the said Act, or under the provisions of this present section is hereby declared regular and valid when one of the parties shall, for seven days previous to the giving of notice of such intended marriage, have resided in the district of the person issuing such license. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 27 Who may solemnize mixed marriages. 27. Whenever a license for the marriage of a Roman Catholic with a person not a Roman Catholic shall have been issued pursuant to the provisions of sections twenty-five or twenty-six of this Act, such marriage may lawfully be solemnized by a Roman Catholic clergyman between such persons; and whenever such license shall, pursuant to the provisions of either of said sections, have been issued for the marriage of a Protestant Episcopalian with a person not a Protestant Episcopalian, such marriage may lawfully be solemnized by a Protestant Episcopalian clergyman; and when any of such licenses shall have been issued it shall not be necessary to obtain any certificate from the registrar, and every such license shall have the same force and effect as under the provisions of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870, the certificate of the registrar would have had. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 28 Amendment of s.13 of 1844 c.81 as to marriages according to Jewish usage. 28. .... Notwithstanding anything in the said section contained, it shall not be necessary in any case of marriage intended to be solemnized in Ireland according to the usages of Jews that the building stated in the notice or notices by the said section required to be given to the registrar or registrars as the building in which such marriage is intended to be solemnized, or that the building in which such marriage is solemnized shall be within the district within which one of the parties shall have dwelt for the time prescribed in the said section. MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDMENT ACT 1871 - SECT 29 Persons nominated to issue licenses may in case of sickness, &c. appoint a deputy. 29. In case of sickness or unavoidable absence of any person duly nominated to issue licenses for marriages in Ireland, it shall be lawful for such person, with the approval in writing of the person or authority by whom he was appointed, or of the person or authority for the time being exercising the functions of such person or authority, to appoint a fit and proper person to act as his deputy for any period not exceeding two calendar months at one time, and every such deputy during the time for which he is so appointed shall have all the powers to issue licenses for marriage and shall perform all the duties and be subject to all the obligations and liabilities in relation to such licenses of the person by whom he is so appointed. Section 22. 18 .MARRIAGES solemnized under the authority of a Special License granted by (), at (), in the Registrar's District of (), in the county of (). .DonovanAge. Married at , of () according to the Rites and Ceremonies of (), BThis marriage was solemnized between usPatrick Donovan,in This marriage was solemnized between usMary O'Brien, Dennis Donovan, Laurence O'Brien.