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The Legal Position of the Clergy

Chapter VI

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CHAPTER VI

Marriage

1. Duty of minister to solemnise marriage between persons legally competent—Unlawful solemnisation, when a felony—Marriage, when void. 2. Original places for banns and marriages—Churches of new parishes—Licences for banns and marriages in chapels—Parishes having no regular services in parish church—Where parish church is being rebuilt or repaired—No reconsecration necessary where church is rebuilt or enlarged and position of Holy Table altered. 3. Persons legally competent to intermarry—Religion or absence of religion of the parties no ground for refusal to solemnise marriage. 4. Minimum age—Consent of parents or guardians in case of unions—Marriage without consent, in absence of notice—Marriage below lawful age. 5. Marriage of lunatic or non compos, void. 6. Absence, unheard of, for seven years—Relief from punishment for bigamy—Invalidity of remarriage. 7 Divorce abroad—Divorce in England under Act of 1857—Remarriage of divorced persons. 8. Marriage of foreigners—Requirements of laws of foreign States—Precautions to be observed. 9. Prohibited degrees of kindred and affinity. 10. Publication of banns—Time and form—Seven days' notice—Publication and marriage without notice and due inquiry—Publication where parties dwell in different parishes or districts—Where one dwells in Scotland, or in Ireland—What constitutes dwelling—Correct names to be published—Status need not be published—Publication to be from book and signed—Forbidding of banns. 11. Marriage, with consent of minister, on registrar's certificate—Not permitted on registrar's licence. 12. Marriage on licence of bishop or Archbishop of Canterbury—Grant of bishop's licence—Previous affidavit before surrogate—Duty of minister on production of licence—Names in licence—Grant of licence a favour and not a right. 13. Marriage, where and when to be solemnised—Priest or deacon may marry—Penalty for solemnising marriage at improper place or time. 14. Reading of service after marriage at a registry office—Second solemnisation of marriage. 15. Fees for banns, certificate of banns, and marriage. 16. Marriage register books—Certificate of marriage. 17. Presumption of marriage of persons coming to Holy Communion—Proof of no marriage—Validity of marriage governed by law of place of solemnisation—Capacity to contract marriage governed by law of domicile—-Marriage between British subjects in a foreign country or on board shippages 100-120

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