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clerk or clerks in court of the opposite party or parties a notice in writing of bis intention to use such certified extract in evidence on the examination of witnesses or at the hearing of the cause (as the case may be), and shall at the same time deliver to the clerk or clerks in court of the opposite party or parties a copy or copies of such extract, and of the certificate thereof, and thereupon such certificated extract shall be received in evidence; provided that at the hearing of the cause the service of such certified copy and notice be admitted or proved by affidavit.
If the Original be used, Notice must nevertheless be given. XIV. And be it enacted, that in case any party shall intend to use in evidence, on such examination or hearing in any court of equity, any original register or record instead of such certificated extract), he shall nevertheless, within the number of days herein-before respectively mentioned, deliver to the clerk or clerks in court of the opposite party or parties a notice of his intention to use such original register or record in evidence, together with a copy of a certified extract of the entry or entries which he shall intend to use in evidence. Certified Extracts to be used in interlocutory Proceedings, and in the Master's
Office. XV. And be it enacted, that in case any party shall intend to use in evidence, upon any petition, motion or other interlocutory proceedings in any court ofequity or in the Master's Office, any extract, certified as hereinbefore mentioned, he shall produce to the Court or Master (as the case may be) an extract, certified as hereinbefore mentioned, accompanied by an affidavit stating the deponent's belief that the entry or entries in the original register or record is correct and genuine. Certified Extract to be used in Ecclesiastical Courts ; and the Judge may order
the Production of the Original. XVI. And be it enacted, that in case any party shall intend to use in evidence in any Ecclesiastical Court, or in the High Court of Admiralty, any extract, certified as herein-before mentioned, he shall plead and prove the same in the same manner to all intents and purposes as if the same were an extract from a parish register, save and except that any such extract, certified as hereinbefore mentioned, shall be pleaded and received in proof without its being necessary to prove the collation of such extract with the original register or record : provided always, that the Judge of the Court, on cause shown by any party to the suit (or of his own motion when the proceedings are in pænam), may, after publication, issue a monition for the production at the hearing of the cause of the original register or record containing the entry to which such certified extract relates.
In Criminal Cuses the Originals to be produced. XVII. And be it enacted, that in all criminal cases in which it shall be necessary to use in evidence any entry or entries contained in any of the said registers or records, such evidence shall be given by producing to the court the original register or record.
Rules to be made to regulate the Practice as to Admission of Registers. XVIII. And be it enacted, that at any time within three years from the passing of this Act such rules may be made, by the authority herein-after specified, for regulating the inode of reception of the said registers or records, or certified extracts therefrom, in evidence in the courts herein-after mentioned, and for regulating the notice herein-before directed to be given, and the costs of producing such registers or records or extracts, as shall seem expedient, which rules, orders, and regulations shall be laid before both Ilouses of Parliament, and shall take effect within six weeks after the same shall have been so laid before Parliament, and shall thereupon be binding and obligatory upon the said courts respectively, and be of the like force and effect as if the provisions contained therein had been herein expressly enacted.
Who shall make such Rules. XIX. And be it enacted, that such rules shall be made for the High Court of Chancery by the Lord High Chancellor and the Master of the Rolls, and for the Courts of Queen's Bench, Common Pleas, and Exchequer, by eight or more Judges of the last-mentioned courts, of whom the chiefs of each of the last-mentioned courts shall be three, and for the High Court of Admiralty by the Judge of the Court of Admiralty, and for the Ecclesiastical Courts in England and Wales by the Official Principal of the Court of Arches, with the Chancellor of the Diocese of London, or with the Commissary of the Diocese of Canterbury.
Fleet and May Fair Registers, 8c. XX. And be it enacted, that the several registers and records of baptisas and marriages performed at the Fleet and King's Bench Prisons, at May Fair, and at the Mint in Southwark, and elsewhere, which were deposited in the Registry of the Bishop of London in the year one thousand eight hundred and twenty-one, by the authority of one of his late Majesty's Principal Secretaries of State, shall be transferred from the said registry to the custody of the Regis. trar General, who is hereby directed to receive the same for safe custody: provided nevertheless, that none of the provisions herein-before contained respecting the registers and records made receivable in evidence by virtue of this Act shall extend to the registers and records so deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one as aforesaid.
Act may be amended this Session. XXI. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
An Aot to provide for the Solemnization of Marriages in the
Districts in or near which the Parties reside. Certificate of Notice not to be granted for Marriage out of the District where the
Parties dwell, except as herein-after enacted. Whereas by an Act passed in the fourth year of the reign of King George the Fourth, intituled “An Act for amending the Laws respecting the Solemniza. tion of Marriage in England,"it is provided, that in all cases where bands shall have been published, the marriage shall be solemnized in one of the parish churches or chapels where such banns shall have been published, and in po other place whatsoever: and whereas by an Act passed in the seventh year of the reign of his late Majesty, intituled An Act for Marriages in England, provision is made for marriages intended to be solemnized in England, after notice given, according to the forms authorized by the last-recited Act, which Act has been explained and amended by an Act passed in the first year of the reiga of her present Majesty : and whereas it is expedient to restrain marriages under the said Act of his late Majesty from being solemnized out of the district in which one of the parties dwells, unless either of the parties dwells in a district within which there is not any registered building, wherein, under the provisions of the said Act of his late Majesty, as explained and amended by the said Act of her present Majesty, marriage is solemnized according to the form, rite, or ceremony the parties see fit to adopt : be it therefore declared and 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 assem. bled, and by the authority of the same, that it is not and shall not be lawful for any Superintendent Registrar to give any certificate of notice of marriage where the building in which the marriage is to be solemnized, as stated in the notice, shall not be within the district wherein one of the parties shall bave dwelt for the time required by the said Act of his late Majesty, except as herein-after is enacted,
In what Case Murriage may be solemnized out of the District in which the Parties
dwell. II. And be it enacted, that it shall be lawful for any party intending marriage under the provisions of the said Act of his late Majesty, in addition to the notice required to be given by that Act, to declare at the time of giving such notice, by indorsement thereon, the religious appellation of the body of Christians to which the party professeth to belong, and the form, rite, or ceremony which the parties desire to adopt in solemnizing their marriage, and that, to the best of his or her knowledge and belief, there is not within the district in which one of the parties dwells any registered building in which marriage is solemnized according to such form, rite, or ceremony, and the district nearest to the residence of that party in which a building is registered wherein marriage is so solemnized, and the registered building within such district in which it is intended to solemnize their marriage ; and after the expiration of seven days or tweny-one days, as the case may require, under the said Act of his late Majesty, it shall be lawful for the Superintendent Registrar to whom any such notice shall have been given to issue his certificate, according to the provisions of that Act; and after the issuing of such certificate the parties shall be at liberty to solemnize their marriage in the registered building stated in such notice: provided always, that after any marriage shall have been solemnized it shall not be necessary in support of such marriage to give any proof of the truth of the facts berein authorized to be stated in the notice, nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage,
Form of Notice. III. And be it enacted, that the additional notice herein-before authorized to be given may be according to the form in the schedule to this Act annexed, or to a like effect.
Persons making false Declarations guilty of Perjury. IV. And be it enacted, that every person who shall knowingly and wilfully make any false declaration under the provisions of this Act, for the purpose of procuring any marriage out of the district in which the parties or one of them dwell, shall suffer the penalties of perjury : provided always, that no such prosecution shall take place after the expiration of eighteen calendar months from the solemnization of such marriage,
Provision as to Marriages of Members of the Society of Friends, and Jews.
V. Provided always, and be it enacted, that, notwithstanding any thing herein or in the said recited Acts or either of them contained, the Society of Friends commonly called Quakers, and also persons professing the Jewish religion, may lawfully continue to contract and solemnize marriage according to the usages of the said society and of the said persons respectively, after notice for that purpose duly given, and certificate or certificates duly issued, pursuant to the provision of the said recited Act of his late Majesty, notwithstanding the building or place wherein such marriage may be contracted or solemnized be not situate within the district or either of the districts (as the case may be) in which the parties shall respectively dwell.
Act may be amended this Session. VI. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this present session of Parliament.
The Schedule to which the Act refers. I, the undersigned and within-named James Smith, do hereby declare, that I, being (here insert, a Member of the Church of England, a Roman Catholic, Independent, Baptist, Presbyterian, Unitarian, or such other description of the religion of the party), and the within-named Martha Green, in solemnizing our intended marriage, desire to adopt the form, rite, or ceremony of the Roman
Catholic Church, Independents, Baptists, Presbyteriuns, Unitarians, or other description of the form, rite, or ceremony the parties state it to be their desire to adopt); and that to the best of my knowledge and belief there is not within the Superintendent Registrar's district in which I dwell], or sin which the said Martha Green dwells], any registered building in which marriage is solemnized according to such form, rite, or ceremony; and that the nearest district to my dwelling place], or to sthe dwelling place of the said Murtha Green], in which a building is registered wherein marriage may be solemnized according to such form, rite, or ceremony, is the shere insert the name by which the Superintendent Registrar's district is designated); and that we intend to solemnize our marriage in the registered building within that district known by the name of here insert the name by which the building has been registered). Witness my hand this tots day of August, one thousand eight hundred and forty.
(Signed) James Smith, [The italics in this schedule to be filled as the case may be.]
An Act to amend the Act for the better Regulation of Ecclesiastical
Courts in England. Privy Council may order Discharge of Persons in Custody under Writ De con
tumace capiendo. Whereas it is expedient to make further regulations for the release of persons committed to gaol under the writ De contumace capiendo : 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, that after the passing of this Act it shall be lawful for the Judicial Committee of her Majesty's Most Honourable Privy Council, or the Judge of any Ecclesiastical Court, if it shall seem meet to the said Judicial Committee or Judge, to make an order upon the gaoler, sheriff, or other officer in whose custody any party is or may be hereafter, under any writ De contumace cipiendo already issued or hereafter to be issued, in consequence of any proceedings before the said Judicial Committee cr the Judge of the said Ecclesiastical Court for discharging such party out of custody; and such sheriff, gaoler, or other officer shall on receipt of the said order forth with discharge such party: provided always, that no such order shall be made by the said Judicial Committee or Judge without the consent of the other party or parties to the suit : provided always, that in cases of subtraction of church rates for an amount not exceeding five pounds where the party in contempt has suffered imprisonment for six months and upwards, the consent of the other parties to the suit shall not be necessary to eoable the Judge 10 discharge such party, so soon as the costs lawfully incurred by reason of the custody and contempt of such party shall have been discharged, and the sum for which he may have been cited into the Ecclesiastical Court shall have been paid into the registry of the said court, there to abide the result of the sunt; and the party so discharged shall be released from all further observance of justice in the said suit.
Form of Order. II. And be it enacted, that any such order may be in the form given in the Schedule annexed to this Act.
Act may be umended this Session. III. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
PART I.-ORIGINAL ARTICLES, Essays, &c.
Endowments, Questions on, 602. ACKNOWLEDGMENTS AND MINOR COR Errata, Corrections of, 136, 644, 908.
RESPONDENCE, 72, 136, 200, 268, Essay on 2 Cor. v. 1-10, 582.
- , Reply to, 213. Alliott, Rev. Rd. Memoir of, 425. Antiquities, Remarks on Christian, 281.
F. Ascetic Life, Gregory's Experience of, Faith, Remarks on, No. I., 11. 510.
-- No. II., 97. B.
Fathers, Church of the, 349, 510. Bible Translation Society, 364.
Fidelity, Enforcement of Ministerial, BIOGRAPHICAL NOTICES.
505. Alliott, Rev. Rd. 425.
Ford's (Rev. D. E.) Explanation of Macher, Rev. Jas. 645.
“ Decapolis," 674. Morell, Rev. Thos. 269.
Fragments of Puritan History, No. I., Wall, Rev. Joseph, 797.
25. Wilson, Rev. Job, 137.
,No. II. 86.
-, No.111.152. C
No. IV. 221. Candidates for the Ministry, Aints
-., No. V. 368. respecting, 741.
No. VI. 519. Christ's Presence with his Disciples,
-, No.VII.732. 29, 94, 533. Church of the Fathers, 349, 510. Churches, Primitive, Choice of Pastors Gospel in Heathen Lands, 206. by, 451.
- Remarks on, 366. - Privileges and Responsi
- Answer to, 600. bilities of, 709.
Gregory's Experience of an Ascetic College, Lancashire new, 201.
Life, 510. Colonial Mission, special Claims of, Guiana, History of the Church at 228.
George Town, 1, 166, 835.
- Union, Present Position Henry, Rev. P., Heads of a Sermon of, 456.
by, 376. -, Seventh Annual - 's Sermon on Mark xiv. 35, 36, Address of, 709.
820. Corinthians ii., v.1-10, Essay on, 582, Hermit of Mount Sinai, 719. Critical Remarks on Matt. xxviii. 20, History of the Church at George Town, 29, 94, 533, 809.
1, 166, 835.
Home Missions, Weekly Contributions D.
to, 33. Daniel, Rev. M., Statement of, 541.
1. J. Denominational Principles, Neglect of, Importance of preaching Christ, 730. 36.
Inquiry respecting a Second PenteDecapolis, Rev. D. E. Ford's Ex
cost, 611. planation of, 674.
Inscriptions for the Rev. Job Wilson, Decayed Churches, On, 609.
443, - Remarks on, 667,
_ _ Bust of Dr. Smith, 544. 672, 738.
Isaiah, new Translation of, 433. Disciples, Christ's Presence with the, Jewish Code, Obligation of the, 164, 29, 94, 533.
Job, Wardlaw's Essays on, No. I. 274. Duty of wealthy Traders, 375.
--, No. II. 357.
, No. IV.525. Ecclesiastical Contest in Scotland, 73, .
, No. V. 591. 160.
-, No. VI. 660.