BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutes of Northern Ireland


You are here: BAILII >> Databases >> Statutes of Northern Ireland >>
URL: http://www.bailii.org/nie/legis/num_act/mcamlaa1871446.txt

[New search] [Help]


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.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/mcamlaa1871446.txt